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arwMEDIA's terms of service applies to all content, domains and clients with in the arwMEDIA network. Please note that the term arwMEDIA used in this document - that arwMEDIA and Robert Watcher are one and the same.
Ordering
Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole. arwMEDIA's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.
All shared hosting services are intended for the end user only and may not be subleased, sold or given to third parties.
Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, arwMEDIA does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.
Clients are responsible for frequently backing up their files on our system. arwMEDIA cannot be held responsible for the deletion of users' files, whether intentional or unintentional.
Authorization of Charges
arwMEDIA will bill for services rendered which are due within seven (7) days. Client authorizes arwMEDIA to charge credit card supplied by Client if stored with in our billing system. Paypal or check/money order are also accepted if client chooses not to store a credit card.
arwMEDIA may discontinue service for failure to make payment for initial fees or for any re-occuring fees thereafter. arwMEDIA reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.
Client Content
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of arwMEDIA or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to arwMEDIA or any third party.
Customers may not run IRC, bots or clients. Clients may not use arwMEDIA servers for file storage unrelated to the client's website. Storage space is for active website file pages only. arwMEDIA’s shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at arwMEDIA. You will need to opt-in for our reseller hosting service.
Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. arwMEDIA will be the sole and final arbiter as to what constitutes a violation of this policy.
arwMEDIA does not normally monitor the contents of clients servers, however if suspicion occurs, arwMEDIA reserves the right to investigate and terminate the clients subscription to the service.
Unlimited Features
What do you mean by "unlimited disk space and bandwidth/data transfer"?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. arwMEDIA offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that arwMEDIA control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources.
A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc.
To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. arwMEDIA will make every reasonable effort to notify customer prior to suspension, however, arwMEDIA may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server.
arwMEDIA will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
Spam Policy
arwMEDIA servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client's domain or IP may not be referenced as originator or intermediary in any of the above.
arwMEDIA considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. arwMEDIA is the sole arbiter as to what constitutes a violation of the above provisions.
arwMEDIA IP blocks may not be used for the purposes of IP rotation while sending email. arwMEDIA may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination. Further mailing list policies are included in the Email / Mailing List Policy.
Server Abuse
Any attempt to undermine or cause harm to a arwMEDIA server or another arwMEDIA Client is strictly prohibited.
Any attempt to undermine any arwMEDIA web site or a web site of another arwMEDIA Client is strictly prohibited and may result in immediate termination of services rendered by arwMEDIA without refund. arwMEDIA is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implimented for intentional server abuse.
Indemnification
Client agrees that it will defend, indemnify, and hold harmless arwMEDIA from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against arwMEDIA, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless arwMEDIA against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with arwMEDIA's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from arwMEDIA's servers.
arwMEDIA assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights. Any attempt to undermine any arwMEDIA web site or a web site of another arwMEDIA Client is strictly prohibited and may result in immediate termination of services rendered by arwMEDIA without refund. arwMEDIA is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implimented for intentional server abuse.
Disclaimer
arwMEDIA wll not be held responsible for any damages you or your business may suffer. arwMEDIA makes no warranties of any kind, expressed or implied, for services rendered. arwMEDIA disclaims any warranty or merchantability or fitness for a particular purpose. arwMEDIA assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. arwMEDIA will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from arwMEDIA.
Term
A The term of this Agreement will continue until a notice of cancellation by arwMEDIA or Client is given, or until terminated under other provisions of this Agreement. arwMEDIA reserves the right to terminate this Agreement with cause upon notification to the Client. arwMEDIA may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by arwMEDIA to implement this Agreement is disrupted or terminated for any reason.
B 9.b is only applicable to Web Hosting Accounts (packages standard, windows, and wordpress). CLIENT may request arwMEDIA refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, CLIENT forfeits monies paid to arwMEDIA. CLIENT may cancel account with arwMEDIA and be removed from billing, thereby stopping all future charges.
C 9.c is only applicable to Dedicated/Colocation and IP Transit accounts. Refunds will be issued to any order prior to service turn up at CLIENT's request. Refunds are not offered on Dedicated servers, colocation space, VPS, licencing or IP transit after service has started. Termination must be requested in writing with 45 day notice.
D These policies may be modified or changed by arwMEDIA. arwMEDIA will inform client of any major policy changes.
Presumption of Agreement
By signing up with arwMEDIA, be it using arwMEDIA's online sign up form or contacting in any way an employee, officer, agent, and director with request for arwMEDIA to provide Client services, Client (1) authorizes arwMEDIA to take the actions necessary in order to setup Client's account, including charging credit card, if applicable, supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, arwMEDIA will be entitled to damages, costs, and attorney's fees from the Client.
Invalid or Non-enforeable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the Province of Ontario in Canada and the venue for any action, dispute or proceeding with respect to this Agreement will be Ontario.
Domain Agreement
arwMEDIA may provide new top level domain name for new clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client while client remains hosted at arwMEDIA. The client is responsible for renewing domain name by contacting the sales department. Should client decide to switch hosting providers, client agrees to pay yearly fee listed on the arwMEDIA website for domain name registrations.
Email / Mailing List Policy
Server's which are for mailing only are disallowed on arwMEDIA's network. A mailing only server is defined as any any shared/vps/dedicated/colocated server who's primary purpose is sending email over SMTP. arwMEDIA's network is monitored through multiple feedback loops and may terminate, with out prior warning, a server which has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt in, opt out only, or any other non double opt in mailing list will result in server termination.
Mailing lists must be double opt in lists. Messages must have clear removal instructions and valid headers. Removal requests must be completed with in 24 hours. Messages must include details on how the user subscribed. These details must be provided to arwMEDIA on our request. Excessive complaints may result in account termination. arwMEDIA reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to arwMEDIA policies. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org will result in immediate account termination.
Abuse Complaints
All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. arwMEDIA reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws.