Web Hosting Agreement

THIS AGREEMENT made the date of purchasing a web hosting package plan with CyberGeek's Software Solutions. BETWEEN CyberGeek's Software Solutions of the City of London, Province of Ontario, Canada.

Hereafter referred to as "CyberGeek's"

and

the person or organization purchasing the web hosting package from CyberGeek's.

Hereafter referred to as "Client"

If for any reason CyberGeek's needs to contact Client, Client's stated email address will be used for this purpose. If, after five business days there is no response, a letter of notification will be mailed to the mailing address. It is the Client's responsibility to ensure that the information on file is current and up to date at all times.

• Account Setup

  CyberGeek's will develop and setup for Client an Internet Web Hosting Service. This service will become effective after CyberGeek's have screened the order to ensure there is no fraud or attempt thereat.

• Term of Agreement

  This agreement shall remain in force for the period of twelve (12) calendar months commencing from the first day of the first month following the execution of this agreement. At the end of the last day of the twelfth month, unless notification is given by either party to the effect that either wishes to terminate the agreement it, subject to the provisions herein contained, will be automatically renewed and shall be renewed on the same date in each year following.

• Transfers and Responsibility of CyberGeek's

  As a courtesy to Client, CyberGeek's will make every effort to assist Client to transfer Client's web site or data to Client's web hosting account with CyberGeek's. However, as each web hosting provider is configured differently CyberGeek's, although CyberGeek's will do its best to effect said transfer it makes no guarantee as to the satisfactory transfer of the web site or data, its availability, or the amount of time it may take. It is understood that in some cases CyberGeek's may be unable to assist Client in the transfer of the Client's web site or data from an old web hosting provider.

  Client's use of CyberGeek's service is at the Client's sole risk. CyberGeek's is not responsible for files and/or data residing on the Client's web hosting account. Client agrees to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on CyberGeek's web hosting servers.

• Content

  All services provided by CyberGeek's may only be used for lawful purposes. CyberGeek's reserves the right to refuse service to anyone Any material which, in CyberGeek's judgement, is obscene, threatening, or is legally prohibited, will be removed from CyberGeek's web hosting servers, with or without notice. Any potential to harm minors is strictly forbidden, including but not limited to child pornography or content that can be perceived to be child pornography (Lolita). Any web hosting account found to contain child pornography or linking to child pornography will be suspended and/or terminated immediately with or without notice. All violations will be reported to the appropriate law enforcement agency.

  Any abuse of CyberGeek's staff in any medium or format will result in the suspension or termination of Client's services.

  Use of CyberGeek's services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of any trademark holder will result in immediate termination of the Client's web hosting account. Examples of unacceptable material on all web hosting accounts include:

  IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds/rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

  If in doubt regarding the acceptability of Client's site or service, contact CyberGeek's at sales@cybergeeksoftware.com.

  Failure to respond by telephone or email within forty-eight hours after CyberGeek's submitting notification of Client's web site or email abuse to the Client, Client's 's web hosting account may be suspended or terminated. All abuse issues will be dealt with as a high priority.

• Responsibility of Client

  It is Client's responsibility to ensure that scripts/programs installed on Client's web hosting account are secure and permissions of directories are set properly, regardless of of installation method. When possible, set permissions on most directories to 755 or as restrictive as possible. Client is ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords. It is required that Client uses a secure password. If a weak password is used, Client's web hosting account may be suspended until Client agrees to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed and Client's password is found to be weak, CyberGeek's will notify Client and allow time for Client to change or update Client's password.

• Zero Tolerance Spam Policy

  CyberGeek's has a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. "Safe lists" and "double opt-ins" will be treated as Spam. If Client sends out spam Client will have the web hosting account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on CyberGeek's web hosting services. This provision includes, but is not limited to SPAM, sent via fax, email, instant messaging or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on CyberGeek's servers. Any web hosting account that results in CyberGeek's IP space being blacklisted will be immediately suspended and/or terminated. CyberGeek's reserves the right to require changes or disable as necessary any web site, web hosting account, database, or other component that does not comply with its established policies, or at its sole discretion, in an emergency, to make any such modifications. CyberGeek's reserves the right to charge the Client who sends any unsolicited email a clean up fee. This cost of the clean up fee is entirely at the discretion of CyberGeek's.

• Payment Information

  Client agrees to supply appropriate payment for the services received from CyberGeek's, in advance of the time period during which such services are provided. Client agrees that until and unless Client notifies CyberGeek's of Client's desire to cancel any or all services received, those services will be billed on recurring basis.

  Cancellations must be done in writing via email or mail letter. Once CyberGeek's receives the Client's cancellation and have confirmed all necessary information with Client via email, CyberGeek's will inform Client that Client's web hosting account has been terminated. If Client does not hear back from CyberGeek's (in email format, mail letter or telephone call), CyberGeek's is to be contacted immediately via telephone.

  As a customer of CyberGeek's, it is Client's responsibility to ensure that Client's payment information is up to date, and that all invoices are paid on time. CyberGeek's provides a five day grace period from the time the invoice is due to when it is to be paid. Any invoice that remains unpaid for five days after invoice date will result in a $10.00 CAD late fee, and/or an account suspension until the account balance has been paid in full.

  Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If the Client requires assistance with this provision, contact CyberGeek's. CyberGeek's reserves the right to change the monthly payment amount and any other charges at anytime after having given Client due notice of pending change(s).

• Cancellations and Refunds

  CyberGeek's reserves the right to cancel the account for just cause at any time with or without notice. Client may cancel the services that CyberGeek's is providing Client at any time via the email or written mail letter. CyberGeek's gives Client an unconditional forty five day money back guarantee on all web hosting accounts. There are no refunds on dedicated services, administrative fees, installation fees for custom software, or domain name purchases. Refund requests after the initial forty-five days after signup and registration with CyberGeek's will be refunded on a prorated basis for any unused time.

  Only first-time accounts are eligible for a refund. For example, if Client previously had had a web hosting account with CyberGeek's, cancelled a web hosting account, and signed up again, or if Client has opened a second web hosting account with CyberGeek's. Client will not be eligible for a refund.

• Resource Usage

  The Client may not:

  • Use twenty five percent or more of system resources for a period longer than ninety seconds. There are numerous activities that could cause such problems including: Invalid programming of CGI scripts and PHP, improper use of FTP or HTTP, etc.
  • Run stand-alone, unattended server side processes at any point in time on CyberGeek's web hosting servers. This includes any and all daemons, such as IRCD.
  • Run any time of web spider or indexer (including but not limited to AdSpy).
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker or client.
  • Participate in any file-sharing or peer-to-peer activities.
  • Run any gaming servers such as Counter-Strike, Half-Life, etc. on CyberGeek's web hosting services.
  • Run CRON entries with intervals of less than fifteen minutes.
• INODES

  As every file on Client's web hosting account uses up one inode, to avoid over usage, use of more than 50,000 INODES could result in the web hosting account being suspended. However, exceeding the limit does not automatically constitute grounds for suspension as some web hosting accounts constantly create and delete large numbers of files on a regular basis. Causing file system damage may cause Client's account to be flagged for review.

• Bandwidth Usage

  Client's web hosting account is allocated a monthly bandwidth allowance. This allowance varies depending on the web hosting package Client has purchased. Should Client's web hosting account pass the allocated amount, CyberGeek's reserves the right charge Client an additional fee for overages, or to suspend the account until the start of the next allocation, level the package, or terminate the account. Any unused transfer in one month cannot be carried over to the next month.

• Uptime Guarantee

  If Client's web hosting account has a physical downtime that is not within 99.9% uptime, Client may receive one month's credit to Client's account. Approval of the credit is at the discretion of CyberGeek's, and is dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of CyberGeek's web hosting server is defined as a reported uptime from the operating system and the Apache web server, which may differ from the uptime reported by other individual services. To request credit, contact CyberGeek's with justification. All requests must be made in writing via email.

• Shared (non-reseller web hosting accounts)

  Client agrees that Client will not resell web hosting to any other person, firm, corporation or organization without the express written consent of CyberGeek's.

• Price Change

  The amount Client pays for web hosting will never increase between the date of purchase or renewal date of the first and of each succeeding term. On renewal date(s) CyberGeek's reserve the right to change prices listed by CyberGeek's, and the right to increase the amount of resources given to plans at or between renewal dates(s).

• Indemnification

  Client agrees to indemnify and hold harmless CyberGeek's from any claims resulting from the use, misuse, or unauthorised use of CyberGeek's services.

  Client agrees that it shall defend, indemnify, save and hold CyberGeek's harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable legal fees charged and/or assessments made against CyberGeek's. Client agrees to defend, indemnify and hold harmless CyberGeek's against liabilities arising out of:

  • Any injury to person or property caused by any products sold or distributed by CyberGeek's;
  • Any material supplied by Client that infringes or allegedly infringes on the proprietary rights of a third party;
  • Copyright infringement and/or plagiarizing by Client; and
  • Any defective product(s) sold to or delivered to Client's customer(s) or client(s) from any Client's web hosting account on a CyberGeek's web server.
• Arbitration

  In the event of a dispute between CyberGeek's and Client, which cannot be resolved by the respective parties, both CyberGeek's and Client agree to submit the dispute to binding arbitration. Said dispute will be arbitrated under the rules and regulations of The Province of Ontario, Canada, as detailed in the Arbitration Act, RSO 1990, as amended.

• Disclaimer

  CyberGeek's shall not be responsible for any damages to Client's business, or any damages Client's business may suffer because of this agreement or the services provided by CyberGeek's, howsoever caused. CyberGeek's makes no warranties of any kind, expressed or implied, for the services CyberGeek's provides. CyberGeek's disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by CyberGeek's and its employees.

• Disclosure to law enforcement agencies

  CyberGeek's may disclose any Client information to law enforcement agencies without further consent or notification to the Client, upon lawful request by such law enforcement agencies. CyberGeek's will cooperate fully with law enforcement agencies.

• Changes to this Agreement

  CyberGeek's reserves the right to revise its policies at any time without notice to the Client.

• Legal Jursidiction

  All matters pertaining to this agreement shall be governed by the laws of The Province of Ontario, Canada.