Terms of Service

This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of the Web Hosting Department of Gain4You.Net, an Alberta registered company (the "Company") doing business as Self Web Hosting, governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The Company provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published here. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

1. Unacceptable or Socially Inappropriate Content: The Company reserves the right to refuse domain hosting services to sites deemed "unsuitable". Unsuitable sites include, for example, sites that:
   
   
   • Include, promote, or link to SEXUALLY EXPLICIT material.
   • Include, promote, or link to violence or illegal activities.
   • Include, promote, or link to material that promotes or depicts discrimination based on sexual orientation, race, gender, religion, national origin, physical or mental disability, or age.
   • Include, promote, or link to material which violate intellectual property rights or material of such nature.
   
   
2. Right of Refusal: The Company reserve the right to refuse/terminate hosting services to any individual, company, organization, or entity for any reason. In such cases, the Company may issue a full and immediate refund of all monies paid excluding add-on-service fees. In the event that services are refused/terminated, no explaination will be required.
   
   
3. Mail Server Policy: Any sites that engage in excessive use of the Mail Server are prone to immediate termination without notice. Excessive use is defined as any process or procedure which overtaxes the Mail Server resulting in other clients being unable to access the Mail Server to send and receive normal email communications. Prolonged and repeated mail abuse will result in a users SMTP priveledges being revoked without notice.
   
   
4. Spam Policy: The Company do not practice, participate in nor condone SPAM of any sort. Offenders of SPAM will be notified in writing by the Company to cease and desist such activities. Failure to comply will result in immediate termination of mail services without refund. The negligence of a single domain residing on the Company's servers could result in we being placed on an anti-spam list. Should the Customer be placed on the anti-spam list, every domain e-mail service will be affected and blocked. The Company wish to protect our Customers of this problem and for this reason, we will remain intolerant of SPAM.
   
   
5. Other Rules Concerning Website: Beside what listed above, the site of a customer must also abide the following common sense rules:
   
   
   • The Customer's site must use and store only the information and data that relates to the web site;
   • The Customer may not resell or give away web space under a domain name, nor may the Customer build web sites that house "sub domain" web sites on behalf of other companies, groups or individuals;
   • The Customer may not use the web site to store web pages, files or data for other IP addresses or domain names, nor may the Customer use the site as a repository for file, data or "Warez group" download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion;
   • The Company's "unlimited bandwidth" offer is to provide the Customer with storage space and bandwidth for active web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files.
   • The storage and distribution of MP3 format files over 15 MB in size on the Company's server is prohibited.
   • The Company does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 20% of system resources, or sites which in the Company's view are detrimental to the enjoyment of our services by other clients, or are in our sole and final judgment, detrimental to network or business operations.
   • To ensure that certain Customers do not utilize services to the detriment of other clients, sites that do not comply with these simple rules will, at the discretion of the Company, will be canceled and/or removed from our servers and have service charges assessed at the Company's discretion.
   
   
6. Policies and Pricing: Customers who purchase the Company's Services and Products will be considered customers. All company rules, policies and operating procedures concerning customer orders, customer service and service sales will apply to these customers. We reserve the right to change our policies and operating procedures at any time. For example, the Company will determine pricing schedule for services which may vary from time to time. However, to ensure the Customer enjoyes the best services, Customer's hosting price remains as long as the Customer stays in the particular services chosen before the new changes are made.
   
   
7. Payment of Service(s): The Company accepts payment in the form of all major Credit Cards, personal or business check, cashier's check, wire transfer and money order.
   
   
8. NSF checks will be charged a $50 US service fee. Credit Card numbers will be verified before transactions occur. Upon receipt of payment, the Customer will receive an order confirmation via an e-mail message outlining other policies and procedures.
   
   
9. Service Agreement: The Company agrees to process services purchased by the Customer. The Company reserves the right to reject orders that do not comply with the necessary requirements that we may establish from time to time. The Company will be responsible for all aspects of service processing, customer support and payment processing and we agree to handle all customer service requests generated at the order form. After the completion of the setup of the Customer's services, ALL service requests must be made via the Online Contact Form. This is necessary to be sure all requests for assistance are met in a timely, efficient manner.
   
   
10. Customer Service and Service Warranty: The Company agrees to provide technical assistance for services the Customer purchased where there is a technical problem as the result of the setup or configuration of the Customer's host service(s). The Company will resolve these problems and provide e-mail response as to the solution within 1-2 business days providing the Customer the service(s) outlined in your order confirmation document. We will provide answers to frequently asked questions or problems which will be posted on our site under the FAQ link. The Company stands behind all services -- both internet and customer services. At all times, the Company wants customers to feel satisfied. The Company will provide the best possible service to the Customer. Should the Customer find a problem with the setup of your internet service(s) as it is going on the Customer is responsible to contact the Company as outlined in the Customer's order confirmation document. Flame mail directed to the Company or any of its officers or employees will not be tolerated. Should the Customer be unsatisfied with any of the Company's services within the first 30 days (from the time payment and/or service agreement is received), where no mutual agreement can be met, the Company may provide you a full refund. Refunds will not be issued past 30 days.
    
    
11. The Company disclaims all liability for development and maintenance of the Customer's site that has not been directly *purchased from the Company. The Customer will compensate and hold the Company harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development and maintenance and contents of the Customer's site.
    
    
12. Should error or distinctions occur with the operations of the Customer's site based on development or maintenance provided by sources other than the Company, the Customer will be held liable, and will be expected to provide the necessary provisions for correction of this.
    
    
13. Relationship Between the Customer and the Company: This is an agreement between independent contractors - You and SelfWebHosting. This Agreement does not imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between the Customer and the Company. The Customer will not have, nor will the Customer represent that the Customer has, any authority to make or accept any offers or representations on behalf the Company. The Customer will not do anything to disparage or damage the reputation of the Company or any of its officers, employees, products and/or services.
    
    
14. Misrepresentation: The Customer will not misrepresent the Company by expressed or implied claims of success, warranties or service obligations or there of on behalf of the Company. The Company disclaims any liability for such claims or implications made on the Customer's part to prospects, potential customers, and/or customer of the Company. The Customer acknowledges this agreement will be terminated with or without notice for misrepresenting the Company, its officers, employees, distributors, assigns or products or services.
    
    
15. Modification of Terms & Conditions: The Company may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice and the new agreement on our site. Modifications may include but are not limited to changes in available fee or payment schedules or procedures and Program rules. THE CUSTOMER'S ONLY RECOURSE TO CHANGES UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
    
    
16. Limitation of Liability: The Company disclaims liability for any indirect, special or consequential damages, arising in connection with this Agreement or Service(s), even if the Company has been advised of the possibility of such damages.
    
    
17. Disclaimers: The Company makes no expressed or implied warranties or representations with respect to any services purchased at SelfWebHosting.com (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage). Further, the Company makes no representation that the operation of its network*, including its own Site, will be uninterrupted or error free, and the Company will not be liable for the consequences of any interruptions or errors.
    
    
18. Term of this Agreement and Termination: The duration of this Agreement will begin with the Company's receipt of the Customer's signed Agreement and will end when terminated by either party. Either party may terminate this Agreement at any time, with just cause, by giving the other party written notice of termination. Removal of all the Company's Logos and all reference to association with the Company must be removed from the Approved site immediately upon termination of this Agreement.
    
    
19. Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PURCHASING THE COMPANY'S SERVICE(S) AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
    
    
20. Miscellaneous: This Agreement will be governed by the laws of the province of Alberta, Canada, without reference to rules governing choice of laws. The Company's failure to enforce the Customer's strict performance of any provision of this Agreement will not constitute a waiver of the Company's right to subsequently enforce such provision or any other provision of this Agreement any action relating to this Agreement must be brought in the national or provincial courts located in the province of Alberta and you irrevocably consent to the jurisdiction of such courts with your acceptance of this Agreement.