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Web Hosting Terms Of Use, Conditions and Guarantees


PacificImports.ca is a website hosting and website maintenance division of Sword Comp-Soft Corporation. PacificImports.ca provides Internet Website Hosting, Graphic Design and Web Page Development, and Site Maintenance services. This document contains the complete Terms Of Use, Conditions and Guarantees that govern your subscription to PacificImports.ca services. By subscribing to and using PacificImports.ca services you acknowledge that you have read and agreed to these Terms Of Use and all policies posted on the PacificImports.ca website. PacificImports.ca may at any time modify the Terms Of Use. It is your responsibility to review them from time to time and stay familiar with these Terms Of Use. Your continuing use of the services constitutes your acceptance of the Terms Of Use as modified. This section should be read in conjunction with our full Privacy Policy.

1. ACCEPTABLE USE POLICY

PacificImports.ca reserves the right to suspend or terminate a customer's access to any or all services provided by PacificImports.ca when PacificImports.ca decides that the account has been used inappropriately. PacificImports.ca reserves the right to refuse service to anyone. In the case PacificImports.ca is penalized by Internet connectivity providers (PacificImports.ca partners - top level ISPs) due to a customer's violation of these Terms Of Use, the customer may be penalized accordingly, up to the amount of $600.00 United States dollars.

2. DATA CONTENT

PacificImports.ca makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide the services. You are solely responsible for the data that you create and acknowledge that PacificImports.ca acts as a passive conduit for the transmission of such data. Customer may only use PacificImports.ca services for lawful purposes. Transmission of any material in violation of any applicable law, rule, regulation or legal obligation is prohibited. Customer's account that includes, promotes, distributes or electronically transmits the following content or links to the following content may be terminated: The designation of any materials as such described below is left entirely to the discretion of PacificImports.ca;

(a) Content that is offensive to the Web community including, without limitation, blatant expressions of bigotry, racism, violence, hatred, or profanity; (b) Instructional information about illegal activities, physical harm or injury against any group or individual; (c) Content containing obscene nudity, pornography, sex-related merchandising or any content exploiting children under 18 years of age; (d) Content of copyright infringement including offering pirated computer programs, information used to by-pass any copy-protect devices and software programs, or any type of warez/cracker utilities; (e) Any other copyrighted content or proprietary information, or material protected by trade secrets and trademarks, except when expressly permitted by the owner of such rights; (f) Material that solicits or promotes goods, services or activities that are prohibited by law or other legal regulations; (g) Other content that PacificImports.ca deems inappropriate or unaCceptable.

3. NETWORK SECURITY AND SERVER ABUSE

Any attempt to undermine or cause harm to the servers or customers of PacificImports.ca is strictly prohibited. PacificImports.ca will strongly react to any unauthorized use or attempted use of other people's accounts or computers including, without limitation. Possible actions against the attacker include warnings, account suspension, account termination, and legal prosecution, dependent upon the seriousness of the attack.

(a) Unauthorized access, use, probing, or scanning of systems, security and authentication measures, data, or traffic; (b) Interference with service to any user, host, server or network including, without limitation, mail bombing, flooding, deliberate overloading, or broadcast attacks; (c) Forging of any TCP/IP packet header, or any part of the header information in an e-mail or a newsgroup posting; (d) Tricking other people into releasing their passwords and password robbery; or an Internet defrauding.

4. SPAM (UNSOLICITED BULK E-Mail)

Sending of unsolicited bulk e-mail from or through PacificImports.ca servers or using a URL or e-mail address which is maintained by PacificImports.ca in bulk e-mail sent trough other servers ("back reference"), is STRICTLY PROHIBITED. PacificImports.ca will be the sole arbiter as to what constitutes a violation of this provision. Unsolicited commercial advertisements will result in immediate account termination.

5. TRAFFIC AND DISK SPACE

All PacificImports.ca hosting plans come with pre-determined amount of traffic. Any accounts that exceed the transfer limit will be charged US $4 per additional started GB of traffic. Additional bandwidth or disk space can be pre-purchased through our Upgrades Center. All PacificImports.ca hosting plans come with pre-determined amount of disk space. Any accounts that exceed the allocated disk quote will be charged 10 MB's - $4.95/Mo. or advised to upgrade to a higher hosting plan.

6. E-COMMERCE

A customer is solely responsible for the development, operation and maintenance of his online store and products featured on-line, including the accuracy, appropriateness and legality of any materials appearing within the customer's store. Customer is solely responsible for accepting, processing, and filling any orders, handling any inquiries or complaints, and for the final calculation and application of any taxes originating from his on-line store.

7. CGI SCRIPTS

Some shared web hosting accounts come with their own CGI-BIN. Customers are free to use any CGI scripts they wish. However, PacificImports.ca reserves the right to disable any CGI scripts that affect normal shared server operation without prior warning.

8. CHAT ROOMS AND IRC

PacificImports.ca does not allow customers to install their own chat rooms within a shared hosting account without approval from the PacificImports.ca Tech Support Team. IRC servers are not permitted.

9. PROGRAMS RUNNING IN BACKGROUND AND ADDITIONAL COMPONENTS

PacificImports.ca may allow programs to run continually in background or install additional components to the server. This is considered on an individual basis, and an extra charge will be incurred based on system resources used and operational maintenance needed.

10. DOMAIN NAMES

Customer's domain name/s may not be in violation of any trademark, service mark, or similar rights of any third party. Please read our entire Domain Policy page.

11. MAILING LIST MANAGEMENT

Mailing list software used on WebHostStation hosting server should correspond to the following conditions;

(a) Permission of new subscribers must be fully verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is for verification of all new subscriptions. (b) There must be a simple method to terminate a subscription. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated. (c) There should be alternative methods for terminating a subscription. Mailing list administrators should make an "out of band" procedure (e.g., an e-mail address to which messages may be sent for further contact via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures. (d) Steps must be taken to prevent use of a mailing list for abusive purposes. The sad fact is that mailing lists are used by third parties as tools of revenge and malice. Mailing list administrators must take adequate steps to ensure that their lists cannot be used for these purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent forged subscription of addresses by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible. (e) Terms Of Use of address use must be fully disclosed. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Also, conditions of use should be visible and obvious to the potential subscriber. For example, two lines buried deep within a license agreement do not constitute adequate disclosure. (f) Acquired lists must be used for their original purpose. Those who are acquiring fully verified opt-in lists must examine the Terms Of Use under which the addresses were originally compiled and determine that all recipients have in fact opted-in to the type mailing list the buyer intends to operate. (g) The nature and frequency of mailings should be fully disclosed. List administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in the frequency of mailings, or in the size of each message, may constitute a new and separate mailing list requiring a separate subscription. One subscription, one list. Addresses should not be added to other lists without fully verified consent of the address owner. It should never be assumed that subscribers to a list about foo want to be added to another foo list, let alone a list about goo. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list.

12.PAYMENTS

All PacificImports.ca hosting plans are either monthlypayment accounts or are prepaid accounts. The billing cycle runs from the day of subscription to the same day of the following month. Charges for terminated accounts are not prorated. Charges for usage by customer beyond the base amount of usage contained in customer's hosting plan are billed the following month along with base charges for the coming month. PacificImports.ca reserves the right to change prices at any time, unless other terms have been agreed.Please review our FAQ on Frequently asked billing questions.

13. CANCELLATION

Cancellation requests for PacificImports.ca accounts must be received in writing via fax or postal service at PacificImports.ca's main office one month prior to the next billing cycle. The difficulties in verifying the authorship of e-mail makes it unsatisfactory for transmitting account cancellation requests. All fees paid in advance of cancellation will be pro-rated and paid back by PacificImports.ca. If an account is cancelled by PacificImports.ca due to inappropriate use, no fees will be refunded. Any violation of Terms Of Use that results in extra costs will be billed to the customer.

14. 30-DAY MONEY BACK GUARANTEE

All of PacificImports.ca's hosting plans are backed by 30-day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding supplementary setup fees, domain registration fees, add-on/upgrade fees, overages and US $4 payment processing fee. Setup fees are refundable only if the account is canceled prior to account activation. To cancel an account and get a refund you must notify PacificImports.ca by mail or fax within the first 30 days following activation. No refund is available after the 30th day. For more details click here.

15. NETWORK STATUS

While PacificImports.ca endeavors to have your website available 100% of the time, services may be interrupted for several reasons, such as malfunctions, maintenance or network protection caused by malfunctions or misuse. In some events it may not be possible to notify customers in advance of any such interruption of services. In case of a service outage, network downtime is measured past 15 minutes after notification of a network failure via our tracking system. If the tracking system itself is unavailable, the downtime measurement must be begun by calling, e-mailing or alarming PacificImports.ca. PacificImports.ca administrators will determine the end of the downtime by a trace route to the customer's website from outside the PacificImports.ca network. In case your website is not available 100% of the time, PacificImports.ca will credit the following month's hosting fee as follows:

Monthly Uptime Credit 90% to 94.9% 5% 80% to 89.9% 10% 79.9% or below 20% Credits are not provided for any outage resulted from

(a) scheduled network maintenance (PacificImports.ca's notifications are e-mailed); (b) customer's action, failure or breaking of Terms Of Use; (c) circumstances beyond PacificImports.ca's control including, without limitation, any governmental acts, war, sabotage, strike, embargo, fire, flood, and unavailability, interruption or delay of third party services.

16. PRIVACY POLICY

PacificImports.ca will not share or disclose information regarding its Customers except in the event of a legal request, such as a court order, when reasonably necessary to protect the company's rights or property, or in emergencies where someone's safety is at risk. Please read our full Privacy Policy.

17. INDEMNIFICATION

CUSTOMER AGREES TO INDEMNIFY PacificImports.ca AND ITS OFFICERS, EMPLOYEES, SUPPLIERS, PARTNERS, AND CUSTOMERS AGAINST ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATING TO CUSTOMER USE OF PacificImports.ca SERVICES. IN NO EVENT SHALL PacificImports.ca'S MAXIMUM LIABILITY EXCEED $100.00 (ONE HUNDRED) UNITED STATES DOLLARS.

18. DISCLAIMER

PacificImports.ca WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THE CUSTOMER'S BUSINESS MAY SUFFER. PacificImports.ca MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, FOR SERVICES PacificImports.ca PROVIDES. PacificImports.ca DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PacificImports.ca AND ITS EMPLOYEES. Pacific Imports reserves the right to change this Terms of Use or Privacy Policy at any time. Any such changes will be posted online. Pacific Imports is not responsible for policies other than its own. Questions should be directed to support@PacificImports.ca. The laws of the Quebec, Canada will govern these Terms Of Use and Conditions and any dispute arising hereunder. The exclusive jurisdiction for any dispute shall be the courts located in Montreal, Quebec Canada.

USE OF THIS SITE SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE ENTIRE TERMS OF USE.


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