Acceptable User Policy
Terms and Conditions
- The information contained in this Agreement is subject to change without notice. BBS 42 is under no obligation to provide notices of any amendments, modifications or updates of this Agreement to its customers. It is the responsibility of the customer to periodically consult this Agreement for any changes or amendments that have been made. Continued use of BBS 42's services constitutes acceptance of this Acceptable Use Policy.
- BBS 42 will be the sole and final arbiter as to what constitutes a violation of this Agreement.
- The customer agrees to comply with all terms and conditions otherwise imposed on you by this Agreement. The customer agrees to promptly notify BBS 42 of any unauthorized use of BBS 42's services, and to take such steps that are reasonably required to prevent future occurrence.
Age of Majority
Customers must be 18 years of age or older, or have the signature of a parent or legal guardian, or must be a corporation or other legal corporate entity.
- All charges and other fees due to BBS 42 are to be paid in Canadian currency and are exclusive of any and all taxes (GST & HST), duties, or other similar charges imposed by any governmental agency or authority. A minimum of one month service must be paid in advance on all accounts.
- BBS 42 reserves the right to review and change prices. All prices will be posted at http://www.bbs42.com/hosting/. It is the users responsibility to regularly review all information regarding prices and any changes. Continued use of BBS 42's services constitutes acceptance of any price changes.
- Any cheque that is returned to BBS 42 as insufficient funds will be charged a $15.00 processing fee, as well there is a $30.00 processing fee for any charge-backs.
Effective July 01, 2004, any pre-paid annual plan that is cancelled prior to the 12th month will be subject to a $45.00 cancellation charge. Since annual plans are given a discount, cancellations of said accounts will be charged the regular non-discounted monthly rate for the number of months used, including the month in which the account was cancelled. No partial or pro-rated month fees will be reimbursed for the period between the date of cancellation and the first day of the following month. Any customer who is terminated for contravening Canadian laws or violating BBS 42's AUP forfeits any unused portions of their subscriptions.
Right To Refuse Service
At its sole discretion BBS 42 reserves the right to refuse access to any and all of its services at any time to any applicant, customer or client, whether it be an individual or legal corporation by refunding the unused portion of their subscription.
Termination / Cancellation
- The user agrees not to take part in any, but not limited to, the following activities:
- mail bombing
- bulk mail activities
- Make Money Fast (MMF)
- chain letters
- Multi Level Marketing (MLM)
- Hate literature
- Denial of Service (DoS) activities
- or Unsolicited Commercial Emails (UCE, aka spam)
The account may be immediately terminated without notice and a $150.00 clean up fee may be charged to an account that has been found to be sending out or taking part in any activity adversely affecting BBS 42 or its customers, including any of the activities listed above.
- BBS 42 reserves the right to delete all account files after either party terminates this Agreement.
- Either you or BBS 42 has the right to terminate the account at any time, with or without cause, upon notice. BBS 42 retains the right to terminate the account without prior notice, and will confirm termination with notification. Such termination does not relieve the customer of responsibility for payment of any and all outstanding charges owed to BBS 42. BBS 42 reserves the right to request that notification of cancellation of account be made in writing.
- BBS 42 reserves the right to pursue civil remedies for any outstanding costs that are owed to BBS 42.
If cancelled, an account may be reactivated only by the original owner, as well, the account may be subject to a reactivation fee, deposit, pre-payment for services or restrictions of usage.
BBS 42 maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the customer, and reserves in its sole discretion the right to change or remove any and all of the IP numbers and addresses.
BBS 42 reserves the right not release any customer's domain that is held by BBS 42 if there are any outstanding amounts owed to BBS 42.
BBS 42 adheres to the Personal Information Protection and Electronic Documents Act (PIPEDA), and therefor does not make available any account information to any third party. BBS 42 only collects personal information necessary for billing requirements, to provide services, and to satisfy legal requirements.
However there are certain exceptions in which BBS 42 may disclose personal information in its possession. These situations include, but not limited to, disclosing information to any law enforcement agency to comply with a proper court order, or as allowed in Section 7 of the PIPEDA. BBS 42 is under no obligation to inform the customer about any one seeking their personal information or that BBS 42 has provided any information. The customer acknowledges the above exceptions and agrees to them without reservation.
This Agreement is written in accordance with and shall be governed by the laws of the Province of Ontario and any applicable Federal laws of Canada.
Customers do not have the right to assign any part of this Agreement to third parties without the written consent of BBS 42.
The relationship that is established through this Agreement is between independent contractors, and this Agreement contains nothing that would prohibit the ability of any of the parties to enter into other commercial contracts with third parties.
Limited Liability and No Warranties
- BBS 42 does not assume any responsibility for damages suffered by any person or entity due to loss of data, non-delivery or interruptions in service, even if caused by negligence or omissions on the part of BBS 42, its users, or any third party. No oral advice or written information given by any BBS 42 employee will create any warranty or liability that BBS 42 is responsible for.
- Nor does BBS 42 accept responsibility for the actions of users which result in infected computer systems from, but not limited to: viruses, trojans, spyware, dataminers, porn dialers or any other malicious software that the user has intentionally or unintentionally downloaded while using BBS 42's services. This includes any files or materials obtained directly or indirectly from BBS 42. Use of BBS 42's services are at the users' own risk.
- Under no circumstances is BBS 42 liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by the customer, any of it customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory.
- BBS 42 will make every reasonable effort to protect and backup data for our customers on a regular basis. However BBS 42 does not guarantee the existence, accuracy or regularity of its backup data and; therefore, the client is solely responsible for maintaining backups of their own data.
BBS 42 will not be held liable for failure or a delay in preforming its obligations if such a failure or delay is due to circumstances which are out of BBS 42's reasonable control. These circumstances include, but are not limited to: any acts of governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, any delays or interruptions in services provided by third parties or failure of third parties to provide supplies or power used in or equipment needed for provision of the services BBS 42 provides to its customers.
Customers agree to indemnify, defend, and hold harmless BBS 42, its directors, officers, employees, shareholders and agents from any damages, judgements, expenses and any other liabilities resulting from any data, information, and/or content stored, received or transmitted, through or from your BBS 42 Account that infringes any trade-mark, trade secret, copyright, patent or third party intellectual property rights and from any damages, claims, suits or actions which may arise, now or in the future, from your use of BBS 42's services.