These Terms of Service (TOS) apply to any offerings made available on onlinewebadmin.com or online admin.ca or teresamartin.ca (hereinafter ("OWA"). For the purposes of the TOS, the word "You" or "Your" indicates the individual requesting one or more services provided by OWA, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, You agree not to make such a request on behalf of any other legal entity unless You have the authority to bind that legal entity to these TOS.
These TOS are applicable to Your access of an OWA website and to Your use of the services offered through an OWA website. By using any of the services or products provided by OWA You acknowledge that You have read, understood, and agree to be bound by our TOS. If You do not agree with any of the following TOS, do not use the OWA websites or services. These TOS are effective as of November 21, 2016 and apply to all users. We reserve the right to revise these policies at any time without notice.
IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS OF SERVICE LISTED BELOW:
1. You agree to provide accurate information about Yourself and to keep that information up-to-date.
2. We will setup Your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. Setup time will generally range from within 1 hour to 24 hours after payment is received.
3. Your setup information will be delivered via email only.
C-Past Due Accounts
1. Any account that is past due will be sent past due payment reminders to the email address on contact in the Account Manager at 5,12 and 27 days past their invoice due date.
2. Any account over 30 days past due will be Suspended.
3. After 45 days past due, the account will be terminated and all files removed from the server including any and all backups.
4. Any customer wishing to retrieve lost files after the account has been terminated will be require to pay a $100 admin fee (if the files still exist on a backup server).
D-Cancellations and Refunds
1. Domain name registrations are non-refundable due to restrictions placed by the registrar authority. You may transfer a domain name away.
2. Customers may cancel monthly website maintenance and hosting with 30 days written notice. Requests for cancellations/refunds can be sent to email@example.com or by creating a support ticket.
3. Refund requests received after 30 days from the date of signup will be refunded on a prorated basis of any unused time less any pre-payment discounts or other fees for service already performed and accepted by You.
4. OWA reserves the right to cancel a Customers account at any time with 24 hours notice sent to the email contact on file. If we take this action, full pro-rated refunds will be sent except in cases where the site was terminated due to illegal activity, abuse, abusiveness towards our staff or any activity that violates these TOS or the laws of Canada.
E-Lawful Use of Services
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography, nudity, adult or other such content.
Examples of unacceptable material and activities:
• Unsolicited emailing
• IRC Bots or similar
• Warez Sites or similar
• Pirated Software and or software serial numbers
• Hate sites
• Hack programs and archives
• Running of any scripts, executables or other programs that adversely affect the infrastructure
• Pornography of any kind or links to such websites
• Copyrighted MP3, video or images
• Illegal content or that which is deemed to be illegal
• Selling an illegal substance or service or informing how to acquire an illegal substance or service
We reserve the right to refuse services to any site that uses our services in a way that we deem not in line with the values of OWA. We also reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. OWA also reserves the right to make any such modifications in an emergency at our sole discretion. OWA will be the sole and final arbiter as to what constitutes a violation of this policy.
F-Zero Tolerance Spam Policy and Email Lists:
1. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam.
2. Any user who sends out spam will have their account terminated without notice.
3. Different jurisdictions have regulations about the format and collecting of user opt-in agreement. If You choose to send email, You must follow the regulations for Your jurisdiction.
4. If You are sending email in or from Canada, please review the applicable legislation at http://fightspam.gc.ca/
5. We reserve the right to charge a clean up fee to the holder of the account used to send any unsolicited e-mail. The cost of the clean up fee is left entirely to the discretion of OWA.
6. Any mailing list over 500 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1 AM - 8 AM Pacific Time on Monday - Friday.
7. Any time You are sending a message, no matter how large Your mailing list, You must throttle it. We recommend You set a minimum throttle rate of sending 1 email every 10 seconds. If the mailing list software You are using does not allow You to throttle, You must switch to something else. For example, if You wish to send 500 emails and You do not throttle the process, the server will try sending all 500 in 1 second, which is not possible. Not throttling Your email will cause the server load to go too high thereby slowing down all services on the OWA servers. We will terminate the process and Your account may be suspended.
8. PLEASE NOTE THAT FEES WILL CONTINUE TO BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
G-Use of Hosting Services
1. Unless otherwise purchased by You, OWA uses shared hosting services.
2. Any activity by You that impacts the overall health of the server environment can result in a suspension of Your account without warning.
3. Your use of the service is at Your sole risk.
4. We are not responsible for files and data residing on Your account.
5. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. You may contract with OWA to provide backup services at a fee. There are applications in the hosting services to will allow You to make Your own backups.
6. You may not re-sell add-on domains.
7. You are allocated a monthly bandwidth allowance. If You exceed that bandwidth, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until You upgrade to a higher level of package, terminate the account and/or charge You an additional fee for the overages.
8. Scheduled outages may occur when upgrades and updates are performed on the servers.
9. OWA is not responsible for any down time caused by a client's error such as user error, unsecure scripts, unsecure passwords, invalid account use, violation of our TOS, and other site related hacks.
10. PLEASE NOTE THAT FEES WILL CONTINUE TO BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
1. You agree to indemnify and hold OWA and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, Your use of the Services or any wilful misconduct on Your part.
1. OWA will not be responsible for any damages Your business may suffer.
2. We make no warranties of any kind, expressed or implied for services we provide.
3. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us or our employees or contractors.
PO Box 44041
Burnaby, BC V5B 4Y2