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Terms Of Service
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WHEREAS, Mr.Host/We is an information provider connected to the Internet Mr.Host offers
storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer/Customers seeks to utilize Mr.Host's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by
any one entity; therefore, Mr.Host can make no guarantee that any given reader shall be
able to access Mr.Host's server at any given time.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Financial Arrangements -- Customer agrees to a thirty (30) day contract minimum (or six (6) or
twelve (12) month contract depending on length of pre-payment), plus prorated amount for the current
month, beginning upon commencement of service. In other words, if customer sign-up on the 12th
of the month, they are responsible for the prorated amount to the end of the current month (18 days),
plus the full thirty (30) days of the next month (or six (6) or twelve (12) month period, depending on
the length of pre-payment).
This contract will automatically renew for successive thirty
(30) day periods (or six (6) or twelve (12) month periods, depending on length of pre-payment) for the
life of the contract until canceled in writing.
Mr.Host must receive notice of termination by either first class mail, or via e-mail from customer at
least 30 days prior to end of a month, or the service will be provided and charged to said customer for
the following month.
Billing is done once a month, on the 1st of the month. Payment for the month is due by the
5th of the billing month. If customer fails to pay for their account for 30 days after the
date of the invoice, Mr.Host may without further notice, terminate said customers account. Termination
does not remove customers responsibility to pay all fees incurred up to the date of termination.
A charge of $25 will be applied to customer account in the event of NSF or returned cheques by the
issuing institution.
For purposes of identification, billing and marketing, said customer must provide Mr.Host with accurate,
complete, and updated information including your legal name, address, telephone number(s), and applicable
payment data (for example, a credit card number and expiration date).
30 Day Money Back Guarantee -- Mr.Host will provide a 30 day money back Guarantee for all Mr.Host
services, excluding any domain registration, renewal or transfer, excess bandwidth charges or other
charges related to setup or utilization of the services. If you are not completely satisfied with our
service, for ANY reason, simply contact Mr.Host within the first 30 days, and you will be given a complete
refund of the monthly service fee. This guarantee does not apply in situations where Mr.Host terminated
the account due to a breach of these Terms of Service on the Customer part.
Mr.Host Referrals Program -- The Mr.Host referrals program applies only to Mr.Host customers. Referral
credits are applied thirty (30) days after the first payment is received from the referred customer. Referral
credits are service credits only - they are not cash redeemable and are thus, only good towards Mr.Host
services. Mr.Host shall be the sole arbiter as to the validity of each Referral.
Adult Sites/Unacceptable Content -- Pornography and pornographic related merchandising are prohibited
under all Mr.Host services. This includes sites that include links to pornographic content elsewhere. Further
examples of unacceptable content or links include pirated software, archives of "Warez Sites", game
rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition sites
offering online gambling, casino functionality, sportsbook betting (including offshore), and Internet
lotteries are prohibited.
Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities
can result in civil and criminal liability for the infringer. Mr.Host can and will not be held responsible for
the actions of said infringer.
Customer Support -- Mr.Host promotes a mutually professional relationship with its customers. Obscene,
abusive, threatening or otherwise harassing communications with agents of the Company, via telephone, email,
online chat or other means will result in immediate account termination not withstanding any other terms of
this agreement. Violation of this will result in refund ineligibility.
Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the
defamer and litigation against Mr.Host whose facilities were used to distribute the defamatory material. Mr.Host
can and will not be held responsible for the actions of said defamer.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency
and obscenity laws can result in criminal penalties for the violator. Mr.Host can and will not be responsible
for the actions of said violator.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution
of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in
serious civil and or criminal liability under federal and state law. Mr.Host does not condone, nor take
responsibility for any such activities by said customer.
Export Control Violations -- The law limits the ability of persons to export encryption software, over
the Internet or otherwise, to points outside North America. Mr.Host does not condone, nor take responsibility
for any such activities by said customer.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing,
i.e. often known as "hacking", of computers or networks carries potential civil and criminal penalties under
both federal laws and the laws of most states. Mr.Host does not condone, nor take responsibility for any such
activities by said customer.
Image Repository -- Mr.Host services are not to be used as a software/image repository. This means
customer cannot use their account to store images that are pulled from another website. An example of this
would be storing images to be pulled from an eBay auction site.
Software/Script Support -- Customer acknowledges that Mr.Host cannot provide technical support for any
software and/or script that the customer installs. Customer also acknowledges that Mr.Host does not supply
technical support for Microsoft FrontPage, other than initial configuration. Mr.Host supplies technical support
for webhosting issues only. Mr.Host shall be the sole arbiter as to what constitutes a "webhosting" issue.
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among
Internet users and web hosting providers. It is particularly harmful not only because of its negative impact on consumer
attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes
listing a hosted domain in any unsolicited email. Mr.Host will not tolerate spamming. A single offense will result in the
immediate termination of service. Mr.Host shall be the sole arbiter as to what constitutes a "spamming"
offense.
Commercial Software / Download Sites -- Customers are not permitted to have any commercially available software,
fixes, patches or electronic media (ex. MP3s, AVI, WAVE, etc.) for download on their sites. We reserve the right - at any
time, to terminate service if we find that customer has violated this term. Additionally, should customer be found to be in
violation of any licensing agreements currently in place, we reserve the right to permanently terminate said customers service
without refund. In English - no download sites.
Other Activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation,
including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet will also
result in immediate termination of service.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the
customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with
our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of
actions. We may remove information that violates our policies, implement screening software designed to block offending
transmissions, or take any other action we deem appropriate, including termination of a customer's contract with us.
We also are concerned with the privacy of on-line communications. The Internet is not considered a secure medium, therefore
Mr.Host cannot take any responsibility for the security of communications transmitted over our facilities.
We will comply fully, with all applicable laws concerning the privacy of our customers' on-line communications. In
particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our
customers unless required to do so by law. We may, however, monitor our service electronically to determine that our
facilities are operating to satisfaction. Also, we may be required to disclose information transmitted through our facilities
in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information
transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is
necessary to the proper operation of the system.
We are not responsible for loss of customer content due to server or hardware failure. It is the customer's responsibility
to have a full backup of their site.
Finally, we wish to emphasize that in signing the Services Agreement, customers indemnify us for any violation of the
customer of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim
against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement
or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and
reasonable attorneys' fees.
We reserve the right to permanently discontinue service, at any time, without notice, should customer be found in
violation of our aforementioned terms and conditions. Also, any violations of our aforementioned terms and conditions will
result in refund ineligibility.
Complaints about violators of our policies should be referred to abuse@mrhost.ca.
Each complaint will be investigated.
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