| Last modified on: November 2, 2016
Our motto of "No Surprises" is what we have strived to provide
with regard to policies and pricing for services we offer. So
before you agree to do business with us, we want you to read and
fully understand the following User Agreement / Terms of Service.
This way there are no surprises!
Quick links to:
This Services Agreement (the
"Agreement") contains the complete terms and conditions
which govern your subscription of web hosting, e-Commerce and other
Internet-related services provided by ET Web Hosting (the "Services").
As used in this Agreement, "ET Web Hosting" and "Domain
Smarty" means Electric Toad Internet Solutions Incorporated
and "Client", "you", or "your" means
you. By clicking on the "Submit Order" or "Sign Up"
button, you acknowledge that you have read the Agreement, and you
agree to its terms and conditions and all policies posted on the
ET Web Hosting site. As referred to in this Agreement, "Site"
refers to a World Wide Web site, "ET Web Hosting Site"
refers to the Site located at the URL http://www.etwebhosting.com,
"Domain Smarty Site" refers to the Site located at the
URL http://www.domainsmarty.com,
or any other successor Sites owned or maintained by ET Web Hosting.
ET Web Hosting reserves the right to change this Policy any time,
so please, check this page at least once a month or when in doubt.
ET Web Hosting strives to provide the best possible service to all
our customers, but we will not tolerate any unlawful activity or
abuse on our servers. This Agreement is imposed to protect you,
other ET Web Hosting customers, and us against harm.
ET Web Hosting provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content of data other
than as necessary to provide such Services.
- Client agrees
that it will not distribute, electronically transmit or display
any materials supplied by Client - or through Client by a third
party - to any ET Web Hosting server in connection with Client's
use of the Services which:
- infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of ET Web Hosting
or any third party;
- violate any provincial, state, federal or foreign laws or
regulations;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age, or promotes
hate;
- violate any ET Web Hosting policy posted on the ET Web Hosting
Site including, but not limited to, our Acceptable
Use Policy (includes Adult Material Policy), UCE
(SPAM) Policy, and CGI Abuse
Policy.
- contain viruses or other computer programming defects which
result in damage to ET Web Hosting or any third party.
- Client may occupy
only the amount of disk space on the ET Web Hosting Server and
utilize no more than the network bandwidth that is allotted by
ET Web Hosting. Additional fees, specified in the plans and packages
page, will be charged for exceeding the disk space and/or network
bandwidth allowance of your selected plan.
- Client
shall not use the Services for chain letters, junk mail, spamming,
or any use of distribution lists to any person who has not given
specific permission to be included in such a process. Client also
shall not engage in any unsolicited email practices at ET Web
Hosting, or otherwise, that mentions or reference any domain hosted
on ET Web Hosting servers or parked on ET Web Hosting DNS servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER AND RESELLER ACCOUNTS,
AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE
SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
- Client
agrees to use only properly licensed third party software in connection
with Client's use of the Services.
- Client will have
the ability to reinstate files which are automatically archived
by ET Web Hosting; however, ET Web Hosting does not guarantee
the existence, accuracy, or regularity of its backup services
and, therefore, Client is responsible for making back-up files
in connection with its use of the Services. Backup capability
is available through the Client’s Control Panel. If data
loss occurs due to negligence of Client in securing their account
or by an action of the Client, ET Web Hosting will attempt to
recover the data from the most recent archive for a $50.00 fee.
- ET Web Hosting
reserves the right to refuse service to anyone, for any reason.
ET Web Hosting, in its sole discretion, may immediately terminate
this Agreement for any reason.
Our policy on payment is very simple. If you pay your bill on time then you will not have any problems. Here is the "fine print":
Full payment is required from Client before any Service is
rendered, including hosting account renewals and domain name renewals.
All payment-due notices will be sent by email to the email
address you have put on file for your ET Web Hosting customer account. No bills or invoices will
be sent by postal mail or fax. If your email address is rejected
(your email address does not work), ET Web Hosting will not attempt
to contact you again. It is your sole responsibility and obligation
to keep a working email address current with us.
You may log into your ET Web Hosting customer account here: http://my.etwebhosting.com
- Client must
promptly remit payment to ET Web Hosting when it is due. It is
Client's responsibility to remit maybe when due, even if a bill
or statement is not received. All invoices will cleary indicate the payment due date.
- Recurring
payments are due in advance on or before Client's billing cycle
anniversary date. (ie: If Client is on a 30-day billing cycle,
then payment is due every 30 days.)
- Invoices
for recurring Services are sent out (by email only) 10 days before payment due
date.
- Notice
of payment being overdue are sent out (by email only) after the payment due date as a courtesy only.
- Any account
with an outstanding payment amount due past an invoice due date will be considered in violation
of this Agreement and will be automatically placed into non-payment
status.
- All Services
will be automatically suspended when account is placed into non-payment
status. If Services are suspended for any reason, then there will
be a service reinstatement fee imposed, per suspended account,
which shall be due along with any late fees and past due amounts,
prior to reinstatement of Services. Before re-activating the
suspended account, ET Web Hosting may also, at its discretion,
require a faxed or scanned copy of Client's photo identification document (passport, driver's license), and both sides
of the credit card that will be used for payment.
- If Client's
account is in non-payment status, ET Web Hosting reserves the
right to delete all of Client's files and content from ET Web
Hosting servers at any time.
- . ET Web Hosting
utilizes the services of collection agencies to collect amounts
currently owing or past-due. If our collection efforts fail, unpaid
debts WILL be reported to all available credit reporting agencies.
- If Client chooses
to register a domain name(s) through ET Web Hosting or DomainSmarty.com,
Client acknowledges and agrees that Client will pay a registration
fee(s) to register the domain name(s) with the applicable domain
name registrar. ET Web Hosting does not offer refunds for domain
name registrations or renewals for any reason, including misspelling
of the domain name. Domain renewal notices will be sent to the
email address of Client's billing account. If Client's email address
is rejected or inoperable (email does not work), ET Web Hosting
will not attempt to contact you again. It is Client's sole responsibility
and obligation to keep your email address current with us.
- If
Client's account is in non-payment status, ET Web Hosting reserves
the right to respond to any and all contact initiated by any prospective
client who identifies him or herself as an existing customer or
client of Client. Additionally, if Client's account is in non-payment
status for longer than 5 days, ET Web Hosting
reserves the right to initiate contact with Client's customers
and modify Client's "suspended account"
webpage to point to a page on the ET Web Hosting website.
- There is a $50.00
fee for each chargeback. Chargeback fees will be added to current
or past due fees.
- A Declined Credit Card Fee will be added to the current invoice each time a charge attempt to Client's credit card is declined for any reason.
-
Specials or discount pricing are given only to Client's who make payment on time. If Client's account goes into non-payment status, any specials or discounts applicable to the account will be permanently removed and pricing will be reset to whatever is current and normal pricing for their applicable package(s). For example, if Client has special pricing of 10% discount on their web hosting package, this discount will be permanently removed if Client's account goes into non-payment status.
ET Web Hosting and Domain Smarty will make a best effort to register,
transfer and/or renew Client's requested domain name. This is not
a guarantee that Client's requested domain name is available for
registration, transfer and/or renewal. Client's domain name may
go unregistered, untransferred and/or renewed, due to circumstances
beyond our control, such as registry, software and other problems
or outages, and will not be grounds for compensation of any financial
loss of any kind. Client is solely responsible for monitoring Client's
domain name registration or transfer requests to make sure it is completed correctly.
Client is solely responsible for monitoring Client's domain name
expiration date and making sure the domain name is renewed before
it expires.
In the event of Client entering into non-payment status or as a
result of a charge-back by a credit card company (or similar action
by another payment provider allowed by ET Web Hosting) in connection
with the payments of the registration fee for Client's domain name
registration, Client agrees and acknowledges that the domain name
registration shall be transferred to ET Web Hosting as the paying
entity for that registration to the registry and that ET Web Hosting
reserves all rights regarding such domain name including, without
limitation, the right to make the domain name available to other
parties for purchase. ET Web Hosting will reinstate Client's domain
name registration solely at ET Web Hosting's discretion, and subject
to its receipt of the initial registration or renewal fee, repayment
of incurred expenses, and our then-current reinstatement fee.
You explicitly authorize ET Web hosting to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf. ET Web Hosting may modify its information from time to time in such a way which may constitute a “Change of Registrant” under ICANN’s transfer policy (the “Transfer Policy”). In such a case, Client and ET Web hosting explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, Client and ET Web Hosting explicitly authorize the registrar of the IDP Domain to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on its behalf.
The parties agree that in no event shall ET Web Hosting be liable
to any third party for Client's breach or alleged breach of any
of the terms and conditions set forth in this Agreement. Client
agrees to defend, indemnify and hold harmless ET Web Hosting from
any and all expenses, losses, liabilities, damages or third party
claims resulting from Client's breach or alleged breach of any Client
obligations set forth hereunder.
You agree to use all ET Web Hosting Services and facilities at
your own risk. ET Web Hosting specifically disclaims all warranties
of merchantability and fitness for a particular purpose. In no event
shall ET Web Hosting be liable for any loss, or loss of data, or
other commercial damage, including but not limited to special, incidental,
consequential or other damages. Client agrees that it shall defend,
indemnify, save and hold ET Web Hosting harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against ET Web Hosting, its agents,
its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed
or any product sold by Client, it’s agents, employees or assigns.
Client agrees to defend, indemnify and hold harmless ET Web Hosting
against liabilities arising out of:
(1) any injury to person or property caused by any products sold
or otherwise distributed in connection with ET Web Hosting Services;
(2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from ET Web Hosting's
servers.
ET Web Hosting shall be the sole judge of what violates this Policy.
Subject to the terms and conditions hereof, this Agreement shall
be effective on the date you register for the Services ("Billing
Cycle Date"), and shall automatically renew and continue in
effect for the period of time selected during the signup process
("Billing Cycle") or specified by separate agreement or
unless terminated earlier pursuant to the provisions of this Section
1 or 2.
Either party will have the right to terminate this Agreement, however,
notification of termination must be received at least ten business
days prior to Client's Billing Cycle Date in order to avoid charges
in full for the next Billing Cycle.
If Client is terminating this Agreement, Client must request
cancellation by emailing the ET Web Hosting billing department.
ET Web Hosting will respond with a cancellation email, which
Client shall retain as proof of termination. It is the Client's
Responsibility to secure email confirmation from ET Web Hosting
that Client's account has been cancelled. If the Client has not
received email confirmation of account cancellation, then the account
remains active, and Client will continue to be invoiced.
If Client has a balance due at the time of termination, this balance
must be paid in full before account may be closed. Termination does
not absolve Client of any outstanding financial obligations. All
Client cancellation requests will become effective within 30 days
after termination notice has been provided to ET Web Hosting. Any
other attempt by Client to cancel this Agreement by written or other
notice shall be void. Sections 2 - 10 shall survive termination
or expiration of this Agreement. In any case that the Client's continuing
usage of the service is jeopardizing the stability of ET Web Hosting's
service to other clients, ET Web Hosting reserves the right to immediately
terminate this agreement. ET Web Hosting reserves the sole right
to determine what consitutes what does and does not jeopardize the
stability of ET Web Hosting's service to other clients.
ET Web Hosting reserve the right to change the price of any Services
at any time. Current Client will not be affected by any price change
throughout any existing contract ("Billing Cycle") period.
Client will pay and indemnify and hold ET Web Hosting harmless from
any and all taxes associated with or arising from Client's use of
the Services, including any penalties and interest and any costs
associated with the collection or withholding thereof.
THE SERVICES, THE ET Web Hosting SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE ET Web Hosting
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED
TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND.
ET Web Hosting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, ET Web Hosting SPECIFICALLY DISCLAIMS ANY WARRANTY
THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS
WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS;
AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
IN NO EVENT SHALL ET Web Hosting BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE ET Web Hosting SITE OR ANY
ET Web Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT
OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
IN NO EVENT SHALL ET Web Hosting’S CUMULATIVE LIABILITY EXCEED
AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).
If any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or rule of
law, then, that provision notwithstanding, this Agreement shall
remain in full force and effect and such provision or portion thereof
shall be deemed omitted. This Agreement (including the Exhibits,
attachments and/or addenda, if any,) represents the entire agreement
of the parties with respect of the subject matter hereof and supersedes
all prior and/or contemporaneous agreements or understandings, written
or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken
hereunder may not be transferred, assigned or delegated in any manner
by Client, but may be so transferred, assigned or delegated by ET
Web Hosting. Any waiver or any provision of this Agreement, or a
delay by any party in the enforcement of any right hereunder, shall
neither be construed as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision or right. In any
legal proceeding between the parties under this Agreement, the prevailing
party shall be entitled to recover its costs, expenses and reasonable
attorneys' fees. This Agreement and ET Web Hosting’s policies
are subject to change by ET Web Hosting without notice. Continued
usage of the Services after a change to this Agreement by ET Web
Hosting or after a new policy is implemented and posted on the ET
Web Hosting Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the ET Web Hosting Site for
any changes or additions.
This Agreement shall be governed by and construed in accordance
with the laws of the province of British Columbia in Canada, exclusive
of its choice of law or conflicts of law rules.
You irrevocably (i) agree that any litigation or action or proceeding
regarding or arising from or relating to this Agreement or your
use of Services may be brought only in the courts of British Columbia,
(ii) consent, for yourself and in respect of your property, to the
sole jurisdiction of each such court in any such action or proceeding,
(iii) consent, for yourself and in respect of your property, the
exclusive venue for any and all litigation or action or proceeding
regarding or arising from this Agreement or your use of Services
shall be in Vancouver, British Columbia, and, (iv) waive any objection
to proceeding in such venue, including that the forum is inconvenient.
ET Web Hosting reserves the right to update and modify this Agreement
at any time, and such changes will take affect fifteen (15) calendar
days from the date they are first published. It is Client's responsibilty
to check the ET Web Hosting website for any Agreement updates on
a regular basis. In the event Client disagrees with the updated
Agreement, Client must notify ET Web Hosting within fifteen (15)
days of the date of first publish, and services to Client will be
terminated as detailed in clause five (5) of this Agreement. If
Client does not notify ET Web Hosting within fifteen (15) days after
an updated Agreement is first published, Client is acknowledging
and agreeing to be bound by the terms of the updated Agreement.
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ET
Web Hosting Terms Of Service