ACCEPTABLE USE POLICY, TERMS AND CONDITIONS
May 2003 - (version 1.0)

Please read the following carefully.

The following is the Crafty Web Designs™ ("We", "Our" or "Crafty Web Designs") Acceptable Use Policy (the "AUP"). The AUP defines the terms and conditions that you ("You", "Your" or "Customer") agree to when You register and subscribe for Services with Crafty Web Designs. Please read these terms and conditions carefully before using the Services. BY CONTINUING TO USE THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE AUP, AND ALL RELATED POLICIES AND GUIDELINES OF MYHOSTING.COM, IF ANY, AS INDICATED IN THIS AUP ARE INCORPORATED BY REFERENCE.

Crafty Web Designs reserves the exclusive right to revise, change or amend any portion of the AUP, or any other policies or guidelines governing the Services, at any time, in its sole discretion and without advance notice to You. Any changes will be effective upon posting of the revisions on the Crafty Web Designs website (the “Site”). Your use of the Services will be subject to the most current version of the AUP posted on the Site at the time of such use. You may view the most current version of this policy at (craftywebdesigns.com/aup.asp). YOUR CONTINUED USE OF THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE AUP, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

At the sole discretion of Crafty Web Designs, a Customer in violation of the AUP may have the Services cancelled without refund and/or, if appropriate, be subject to a civil action and/or criminal prosecution.

1. DEFINITIONS
In this AUP, capitalized terms shall have the meanings set out in this Section 1:

“AUP” means this acceptable use policy and the terms and conditions contained herein in respect of use of the Services, as the same may be amended or replaced from time to time in accordance with the provisions of this AUP;

“Charges” means the relevant and appropriate fees and charges payable by You for using the Services as outlined in the registration process and that appear on the Site (craftywebdesigns.com) or any other Crafty Web Designs Site as same may be amended from time to time in accordance with the provisions of this AUP;

“Claims” means any claim, demand, liability, damage, loss, suit, action, or cause of action and all related costs and expenses, including legal fees, if any;

“Content” includes information made available, displayed or transmitted in connection with the Services including but not limited to all trade-marks, domain names, contents of any bulletin boards or chat rooms or forums, information made available by means of an HTML “hyper link”, a third party posting or similar means and all updates, upgrades, modifications and other versions of any of the foregoing;

"Domain Name(s)” means a domain name that is registered and owned by You that Crafty Web Designs may have registered on Your behalf, that is hosted and maintained by Crafty Web Designs.

“Initial Term” means the initial term during which You receive the Services from Crafty Web Designs, as specified in the registration process when You register and subscribe for Services with Crafty Web Designs, such term to be no less than one (1) month;

“Services” means the web design services, subject to this AUP, provided to You by Crafty Web Designs;

“Spam” means unsolicited e-mails, including without limitation, commercial advertising and informational announcements;

“Spamming” means sending spam; and

“Term” means any additional term subsequent to the Initial Term, including any renewal term(s).

2. INTERPRETATION
The provisions contained in this AUP are intended to be guidelines for You as it relates to acceptable behaviour and conduct in connection with Your use of the Services. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates any laws, regulations, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in this AUP, is prohibited. Crafty Web Designs reserves the exclusive right, at any and all times, to prohibit any of Your activities, in connection with Your use of the Services, that in any way damage the commercial reputation and goodwill of Crafty Web Designs.

Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.

3. Your Web Site

In connection with Your use of the Services, You may edit the material created by Crafty Web Designs at any time but, if We are required to “repair” the material You edited then you will be charged a maintenance occurrence.

 

4. Privacy

Crafty Web Designs respects it clients and will not sell Your information to other companies. In addition, We will not spam Your e-mail accounts.

 

5. BILLING

In connection with the use of the Services, You agree to the following:

  1. paying, as applicable, any and all relevant Charges relating, but not limited, to:
    1. hosting subscription fees;
    2. domain registration and/or renewal fees;
    3. additional disk space;
    4. additional bandwidth;
    5. additional e-mail accounts;
    6. any additional options (SSL, FTP accounts, etc…)
    7. dial-up subscription fees; and
    8. any applicable dial-up roaming Charges.

Canadian Customers will be charged GST in respect of these Charges.

You agree to the Charges, as they may be amended from time to time. Notice to You of any such amendments shall be made by Crafty Web Designs updating the Site or sending notification thereof by e-mail or regular mail.

  1. All prices on the Crafty Web Designs website are listed in U.S. Dollars ($). Crafty Web Designs reserves the right to charge You in any currency, at the U.S. Dollar equivalent at the time of billing. An administration fee of USD$15 will be applicable for any NSF check.
  2. Each Term, will be for a period equal to the Initial Term unless You or We give the other prior written notice of termination on no less than five (5) business days before the end of the Initial Term or Term (as applicable). Following termination, You are still responsible for any and all Charges that are billed in arrears, such as but not limited to Disk Space, Data Transfer and any Domain Registrations that remain pointed to or are parked on any of myhosting.com’s name servers.
  3. If applicable, Crafty Web Designs will automatically renew all domain names, associated with hosting Your account, that were registered by or transferred to Crafty Web Designs. A reminder notice will be sent to Your e-mail address on record, two (2) months prior to the expiry of such domain name(s). You are provided with the opportunity to decline the renewal by following the appropriate instructions attached to the e-mail from Crafty Web Designs. Any failure to decline this renewal request is deemed sufficient authorization from You for Crafty Web Designs to renew the relevant domain name(s) for a period of one (1) year at the current rates, as further detailed in the renewal notice.
  4. All domain names registered and/or hosted by myhosting.com remain Your property and are transferable. All fees owed or owing to Crafty Web Designs must be settled in full before Crafty Web Designs will release Your domain names. This includes all receivables and any usage based services that are billed in arrears, such as but not limited to Disk Space, and Data Transfer.

 

6. DISCLAIMER

  1. ALL SERVICES PROVIDED BY CRAFTY WEB DESIGNS, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

  2. CRAFTY WEB DESIGNS MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
  3. CRAFTY WEB DESIGNS IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR USE OF ANY SERVICES PROVIDED BY MYHOSTING.COM OR YOUR INABILITY TO USE ANY SERVICES FOR ANY REASON. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICES BY CRAFTY WEB DESIGNS OR ITS PROVIDERS THAT EXCEED THE FEES PAID BY YOU.
  4. YOU MUST AGREE TO MYHOSTING.COM’S AUP. MYHOSTING.COM’S AUP CAN BE FOUND ON THERE WEB SITE (WWW.MYHOSTING.COM/AUP.HTM)

 

7. LIMITATION OF LIABILITY

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MYHOSTING.COM, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYHOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, THE SITE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICES OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE, THE SITE OR THE CONTENT.

  2. YOU SPECIFICALLY ACKNOWLEDGE THAT MYHOSTING.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MYHOSTING.COM SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT DOWNLOADED FROM THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF MYHOSTING.COM, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS TO YOU FOR ANY AND ALL CLAIMS UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING FROM THIS AUP OR FROM THE USE OF THE SITE, THE CONTENT, OR THE SERVICES IS LIMITED TO $CDN100.

 

8. POLICY ENFORCEMENT

When Crafty Web Designs becomes aware of any alleged violation of this AUP, Crafty Web Designs will immediately initiate an investigation. Crafty Web Designs, may at its own discretion anytime during an investigation, restrict Your access to the Services in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, Crafty Web Designs may, at its sole discretion, restrict, suspend, or terminate Your account and/or pursue other legal remedies. If such violation is a criminal offense, Crafty Web Designs will promptly notify the appropriate law enforcement officials of such violation.

Notwithstanding any of the above, Crafty Web Designs reserves the right, in its sole and absolute discretion, to terminate Your access to any Services, at any time. Any fees that have been paid in advance of cancellation will be pro-rated and refunded to You if cancellation is initiated without cause by Crafty Web Designs. If cancellation of Services is a result of a violation of this AUP that causes Crafty Web Designs to incur any additional costs (i.e. network traffic, disk space, licensing charges, etc), You acknowledge Your responsibility to reimburse Crafty Web Designs from fees paid in advance and/or future billing.

 

9. COPYRIGHT INFRINGEMENT

  1. Should Crafty Web Designs become aware of any material posted by You that could be infringing on a third party's copyright, Crafty Web Designs will immediately initiate an investigation. If a claim is received by Crafty Web Designs from a third party complainant with the applicable copyright or trademark registration number, a copy of the underlying copyrighted work along with Your materials and/or a good faith declaration, signed under penalty of perjury, that (i) the material is the property of the complainant; or (ii) the work has been copied and that use of the material is not defensible, Crafty Web Designs, at its sole discretion, may, at anytime, restrict Your access to the challenged material.
  2. Crafty Web Designs will notify You of the copyright infringement allegation and will allow You to respond to the allegation(s) within five (5) business days.
  3. Crafty Web Designs shall have no liability, directly or indirectly, to third parties for any of Your infringing materials. You agree to indemnify and hold harmless Crafty Web Designs. as they may be amended from time to time, and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting or associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

 

10. REPORTING ABUSE OF THIS POLICY

Any party seeking to report any violations of this policy may send an e-mail to: abuse@craftywebdesigns.com

 

11. APPLICABLE LAW

You agree that all matters relating to the use of the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You also agree that any action at law or in equity arising out of or relating to this AUP or Your use of the Site, the Services or the Content will be filed only in a court located in Toronto, Ontario, Canada and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.

 

12. ENTIRE AGREEMENT

This AUP constitutes the entire agreement between You and Crafty Web Design relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and this AUP may not be amended or modified except in writing or by making such amendments or modifications available on the Site.

 

13. NO AGENCY; THIRD-PARTY BENEFICIARY

Crafty Web Design is not Your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from this AUP is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this AUP. This AUP and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Crafty Web Design and You.

 

14. ASSIGNMENT

You may not assign, convey, subcontract or delegate any of Your rights, duties or obligations hereunder.

 

15. SEVERABILITY

If any provision of the AUP is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the AUP remain in full force and effect.

 

16. LIMITATION

You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Services or the AUP must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

17. NO WAIVER

Crafty Web Design will not be considered to have waived any of its rights or remedies described in this AUP unless the waiver is in writing and signed by Crafty Web Design. No delay or omission by Crafty Web Design in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Crafty Web Design’s  failure to enforce the strict performance of any provision of the terms and conditions herein will not constitute a waiver of myhosting.com's right to subsequently enforce such provision or any other provisions of the AUP.

 

18. HEADINGS

The headings used in this AUP are included for convenience only and have no legal or contractual effect.

myhosting.com™ is a trade-mark and brand owned by Softcom Technology Consulting, Inc.

 

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