Terms of ServicePayment, Content, Usage, Ownership and Liability Policies
TheTerms of Service and Associated Policies are intended for all domains residing on imagiNet.ca servers, including regular hosting clients, resellers, and their clients. By using our web hosting services, you agree to comply with our policies. imagiNet has a zero-tolerance policy with regard to all Unacceptable Content and Behavior and no exceptions will be made to these policies. We strive to provide the best possible service to all our customers, and therefore, we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These policies are imposed to protect you, other imagiNet customers and us against such harm.
Age: The client must be 18 years of age to obtain our services. If you are under the age of 18, you must have a parent or legal guardian obtain services for you.
Payment Policies: Full payment is required before any hosting service is rendered, which includes renewals. imagiNet will accept Visa, Mastercard, Cheques and Drafts. If paying by credit card, the card that you use to activate your account will be automatically charged each month, unless you have chosen to pay for multiple months. Prepayment is due each first day of the anniversary month following the date the account was established. Billing will continue until you cancel your hosting account. All payment-due notices will be sent by electronic mail and/or Canada Post. Billing will continue until you cancel your hosting account. All past due accounts will be placed with collections and any additional fees will be the responsibility of the client and may be reported to the appropriate credit reporting agencies if left uncollected.
Cancellation Policy: To cancel your service, you must send your request to our Accounting Department. There are no refunds after 30-days. There are no refunds on domain registrations. Upon receipt of proper cancellation notification, imagiNet will cancel said account within (3) business days unless other arrangements are made and all credit card charges or billing will cease immediately. If the account has a balance due at the time of cancellation, this balance must be paid in full before the account can be cancelled. Cancellation does not absolve the account holder of any outstanding financial obligations. Billing for the account will continue until the balance is paid in full. If the customer has purchased a Hosting Package that included a free domain name registration or renewal, the cost of the domain registration or renewal will be subtracted from the refund. imagiNet services are independent of account usage and domain name records, and are still in effect whether the account holder’s domain is pointing to our nameservers or to some other nameservers. If the account holder transfers a domain without properly notifying us, they will continue to be charged/billed until the cancellation guidelines have been followed. In other words, until you have notified imagiNet.ca of your cancellation, we are still providing your account with our services and you will be billed for same.
Email Policy: imagiNet.ca may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, hate email, or any mass email campaigns. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 30 email addresses or more than 10 news groups. Email storage is included in total disk storage allocations for all hosting accounts.
Spam Policy: imagiNet is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the imagiNet network, by customers or any other users of the imagiNet network (including customers’ customers); AND/OR over ANY network — if the message sent advertises or mentions a site hosted on an imagiNet.ca server. We reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an imagiNet.ca email address or web site URL is prohibited. The use of imagiNet.ca servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed for any costs incurred in our rectifying the effects of said account holder.
Content and Use of Services: imagiNet’s services may be used for lawful purposes only. Transmission, distribution or storage of any material in violation of any applicable laws or regulations are prohibited. Linking to illegal material is also prohibited. Examples of illegality, unacceptable content, links and behaviors include but are not limited to:
- Pirated software, pirating (distributing copyrighted material in violation of any copyright law, including MP3s, MPEG’s, and disk images)
- Hacker programs or archives
- Warez sites
- Pornography and sex-related merchandising; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person. Pornography is defined as set forth in the Criminal Code of Canada.
- Schemes to defraud, phishing or any content intended to falsely obtain personal identification.
- Threatening bodily harm or damage to individuals or groups
- Violating Canadian export restrictions
- Spamming – (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups)
- Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message)
- Trolling (posting controversial messages in newsgroups to generate responses)
- Mailbombing (inundating a user with email without any serious intent to correspond)
- Subscribing someone else to an electronic mailing list without that person’s permission
- Distribution of mass emailing programs
- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
- Attempt to circumvent any user authentication or security of host, network, or account
- Accessing data not intended for user
- Probing the security of any network
- Promulgation of viruses
- Or violating other provincial or federal laws of Canada.
imagiNet does not host sites of its competitors or web pages promoting sites of its competitors. Any violation of these policies may result in immediate account termination or suspension without prior notification and without any refunds. Any client who violates our policies will be held responsible for any and all damages to imagiNet and may be charged a fee for any necessary remedial actions required. imagiNet will be the sole arbiter as to what constitutes a violation of this provision.
Traffic/Bandwidth/Data Transfer/Disk Usage: imagiNet provides generous network traffic usage and disk storage quotas, and most sites never exceed their allocated network trafficf or disk storage allocation per month unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Please contact imagiNet.ca Technical Support team for more information. You will be charged for all transfer that you use beyond our generous data transfer limits without prior notification.
Backups: Backups are made for server restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the clients’ sole responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of client in securing their account or by an action of the client, imagiNet will attempt to recover the data from the most recent archive for a fee based on current hourly charge out rates. If loss of data occurs due to an error of imagiNet, we will attempt to recover the data at no charge to the client.
Account Ownership: imagiNet is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number, name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.
Resellers: Resellers and their clients are bound by these same Policies, Limitations, Disclaimers and Terms of Service. By reselling and purchasing imagiNet’s services, you hereby agree that imagiNet shall not be held liable for any promises or failure of same that Reseller’s extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim not provided to Reseller in writing by imagiNet. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).
Privacy: imagiNet fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about our customers. In order to fulfill our service to you as a customer of imagiNet, we require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to us, you are agreeing to allow us to utilize this information to complete all transactions you request and to disclose that information and details of all such transactions to our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. Customer’s contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services. Information that is collected is not ever shared with or sold to any third party.
Limitation of Liability: imagiNet shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from imagiNet.ca’s servers going off-line or being unavailable for any reason whatsoever. Further, imagiNet.ca shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of imagiNet.ca’s servers. All damages shall be limited to the immediate termination of service.
- imagiNet shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
- imagiNet reserves the right to terminate an account at any time and for any reason that causes harm to any imagiNet customer’s web sites. imagiNet.ca reserves the right to delete all content and files upon termination.
- imagiNet reserves the right to withhold any prepaid funds for any site removed for violations of these policies.
- imagiNet reserves the right to refuse, cancel, or suspend service at our sole discretion.
Indemnity: Customer/Client agrees to defend, indemnify and hold imagiNet harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by imagiNet to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content submitted by Client for publication by imagiNet, but excluding those related to the negligence of imagiNet. All services provided are governed by the laws of the Province of British Columbia, Canada. Venue for any action here under shall be in Vancouver, British Columbia.
Trademark: imagiNet is the registered trademark of IMAGINET INFORMATION MANAGEMENT INC. All references to imagiNet herein, are considered as referencing IMAGINET INFORMATION MANAGEMENT INC.
Policy Changes: imagiNet.ca reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.