WebTerritory.net Customer Agreement/Terms

Welcome to WebTerritory.net! This Customer Agreement explicitly states the terms and conditions governing the use of the service, technology, and content of WebTerritory.net service. By typing 'Yes' in the agreement of terms field and clicking the "submit" button at the bottom of the registration page, you accept these terms and conditions and acknowledge that your use of WebTerritory.net is subject to certain limitations set forth below. If you do not accept this agreement, do not proceed with the sign-up process. WebTerritory.net reserves the right to amend or change these guidelines at any time without notice.

Services

WebTerritory.net provides customers with the ability to create, maintain, and conduct business via the World Wide Web by hosting customer Sites. WebTerritory.net's Service includes the following functionalities and features: build a hosted Web site via our browser-based control panel (Plesk); communications tools, such as web-based e-mail (Hord); online product pages and catalogues, using PHP and MySQL; online processing and commerce capabilities, using SSL encryption; promotion and Web site enhancing features and reporting tools specific to your site.

Each customer is requested to create one site, with at least one domain (web address) attached to. When signing up, a user becomes a customer of the WebTerritory.net network, with access to the services, including occasional email notices and newsletters.

WebTerritory.net reserves the right to add, delete or change tools, features, service, fees, conditions of service and the terms of this Agreement at any time. When possible, WebTerritory.net will give customers thirty (30) days' notice for such changes that are considered major. WebTerritory.net will announce any major changes on our web site and/or by e-mailing the address a customer used when signing up for the services. You expressly assume all risk for use of WebTerritory.net's services, technology, content, or customer sites.

Excessive Bandwidth Usage

Bandwidth is measured monthly for each customer account and includes all the customers services (HTTP, FTP, POP3, SMTP, and/or any other service that uses bandwidth). WebTerritory.net reserves the right to limit/cap or remove/suspend any service that causes excessive use of bandwidth at WebTerritory.net's sole discretion, however WebTerritory.net may recommend alternative services to allow such bandwidth usage if the usage is determined to be legitimate business use.

Payment and Fees

The WebTerritory.net Hosting Service is 299.88 CA$ for one year (24.99 CA$ per month), billing cycle is determined by the customer's web site primary domain name, on it's registration/renewal date. Any prices displayed will be in US$ for any customers paying on-line (ex: PayPal). WebTerritory.net has the right to change its pricing policies at any time, and from time to time. Extra charges may apply for added special site capabilities, added features and/or work provided by a WebTerritory.net agent. customers are also liable for all taxes incurred by the use of any taxable services. WebTerritory.net prefers business cheque made payable to it's proprietor Wayne Schulz, no receipt will be issued unless requested. If WebTerritory.net does not receive payment or received cheque is not honoured, you agree to pay WebTerritory.net all amounts due upon demand plus NSF/Banking fees in cash or a mutually agreed upon payment method. If you continue to be in default, you agree to pay all attorney and collection fees resulting from our efforts to collect past due amounts from you to the extent allowed by law.

Termination

This agreement is effective when you click the "Submit" button and continues until you or WebTerritory.net terminates it as follows:

Termination by WebTerritory.net hosting. At any time and without notice, WebTerritory.net may delete your site or files or discontinue service in whole or in part for any breach of this Agreement by you or (i) if necessary for security reasons, (ii) for continued operation of our service, (iii) for violation of laws or regulations, (iii) if a site is not a legitimate business site (as determined by WebTerritory.net in its sole discretion), (iv) if WebTerritory.net receives notices that your use of WebTerritory.net's services violate any third-party right, (v) if your cheque not honoured or you fail to make arranged payments or (vi) for any other reason. If WebTerritory.net terminates this Agreement, you will remain liable for the full monthly charge for the month during which we terminate your service. If WebTerritory.net terminates this Agreement, you agree not to sign up for or use WebTerritory.net's services again without WebTerritory.net's prior written approval.

Termination by You. You may terminate this agreement at any time and for any reason by going to the following link: http://www.WebTerritory.net.com/postcard.shtml

You will be liable for the full monthly charge for the month during which you terminated the Agreement and for all usage-based fees through the termination date of this Agreement.

FTP Usage

FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only.

It is not to be used for the distribution of files.

FTP usage for web cam purposes or other live content is not allowed. Your solution to this is to access the source feed directly via your web page (using a link or client side object code).

WebTerritory.net reserves the right to revoke or restrict any FTP access and/or remove any web site for improper or excessive FTP usage.

Restrictions and Prohibitions on Content and Use of Services and Technologies

WebTerritory.net may terminate customer accounts and sites at any time, without notice, for conduct that violates these guidelines or for any other reason. As a customer of WebTerritory.net, you agree not to do or participate in any of the following nonexclusive list of UNACCEPTABLE content and behaviors on WebTerritory.net:

Content that includes or contains links to nudity, pornography, foul language, or material that is obscene, lewd, lascivious, excessively violent, or otherwise objectionable.

Content that condones, promotes, contains, or links to warez, cracks, hacks, viruses, worms, harmful code, Trojan horses and/or their associated utilities, or other piracy-related information, whether for educational purposes or not.

Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Those who use WebTerritory.net's resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.

Content that commits acts of copyright, trademark, patent, tradename, trade secret or other intellectual property infringement or violates any other third party right.

Content that is racist, or otherwise offensive to the WebTerritory.net network and community, including content which aggravates, harasses, threatens, defames or abuses others, such as bigotry, prejudice, racism or hatred, and promotion, assistance, or information of any type related to violence against governments, groups, organizations, or individuals.

Content that exploits children under 18 years of age.

Content that holds WebTerritory.net up to public scorn or ridicule.

Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.

Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.

Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, bootleg alcohol, prohibited weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any people or animals.

Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual pass-working of customer sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.

To report violations of the above restrictions, please visit http://www.WebTerritory.net.com/postcard.shtml

WebTerritory.net does not actively monitor the content of customer sites, but will investigate complaints of a violation of third-party rights, including copyright and other intellectual property rights.

Indemnification, Disclaimers, Warranties

WebTerritory.net warrants that if a customer is dissatisfied with WebTerritory.net's service, technology, or content, upon notice from the customer, WebTerritory.net will terminate the Agreement and, upon the customer's request, will refund unused portions of any fees paid for future months and services, less balances due to WebTerritory.net services.

You agree to indemnify WebTerritory.net and its partners, parent, subsidiaries, affiliates, directors, officers, employees, agents and representatives against any and all liabilities, claims, cost, and expenses, including attorneys' fees, arising from your use of the WebTerritory.net services. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libellous or unlawful material contained within your Web site.

Content

WebTerritory.net has a zero tolerance policy for spam, pornography, and warez. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service.
WebTerritory.net shall not be held responsible for the content of pages hosted under our service.
The opinions and views expressed in any customer site do not reflect those of WebTerritory.net or its partners, parent, affiliates or subsidiaries and WebTerritory.net does not review pages for content before they are posted. WebTerritory.net does not verify, endorse or otherwise take responsibility for the content of any customer sites. customers are solely responsible for everything contained in their own customer sites and in their own directory and can be held legally liable for the contents of their customer site.
Neither WebTerritory.net nor its partners, parent, affiliates or subsidiaries make any guarantee as to the accuracy, correctness or completeness of any information on any customer site and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by WebTerritory.net.
WebTerritory.net may link to, or include on its Web site, resources and information provided by third-parties.
Neither WebTerritory.net nor its partners, parent, affiliates or subsidiaries make any guarantee as to the reliability of this information, nor does the inclusion of this information imply our recommendation of these services.

Services and Reliability

WebTerritory.net provides space for hosting Web pages but makes no implied or express warranties about the reliability of this space or related services.
WebTerritory.net is not responsible for any deletion, alteration or loss of data due to network or system outages, file corruption, accidental deletion or any other reason.
WebTerritory.net makes no guarantees about server reliability, speed, or consistency and shall not be held liable for such.
customers are responsible for regularly monitoring and creating backups of their own files and agree to use the WebTerritory.net resources and infrastructure at their own risk.
Neither WebTerritory.net nor its partners, parent, affiliates or subsidiaries make any warranty with respect to any content, information, services or products provided through or in conjunction with our service.
WebTerritory.net is also not liable to customers or any third party for any damage, direct or incidental, that could occur as customers use our services.
WebTerritory.net is not responsible for the delivery or quality of any goods or services sold or advertised through the WebTerritory.net network of web sites, its affiliates or through the customer sites.
WebTerritory.net does not guarantee that its security procedures will prevent the loss of, alteration of, or improper access to your information. For more information, read our Privacy Policy.

Liabilities

You are solely responsible for the conduct of your business and all other matters under your control.

IN NO EVENT SHALL WEBTERRITORY.NET, OUR PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING WEBTERRITORY.NET'S SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WEBTERRITORY.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST WEBTERRITORY.NET AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBTERRITORY.NET SERVICE.

WebTerritory.net and its parent, subsidiaries and affiliates shall not be liable for any damages that result from your failure to perform your responsibilities in connection with this Agreement or that result from any cause beyond WebTerritory.net's control. The aggregate liability of WebTerritory.net and its parent, subsidiaries and affiliates arising from this Agreement for any action or claim is limited to any amounts you have paid to WebTerritory.net during the term of this Agreement.

WebTerritory.net Rights

Customer Sites

WebTerritory.net reserves the right to delete customer sites that breach this Agreement at any time. WebTerritory.net and its parent, subsidiaries and affiliates shall not be liable for any foreseeable, unforeseeable, direct, or indirect consequence of such deletion. WebTerritory.net reserves the right to communicate with all customers at any time in the event that important messages need to be communicated.

Proprietary Rights

WebTerritory.net retains all proprietary rights, including, but not limited to, services, technology, all content, text, design, graphics, sound, and so forth on its web sites. customers acknowledge that all content and technology available on WebTerritory.net sites is protected by Canadian, U.S. and international copyrights, trademarks, service marks, patents, or any other proprietary rights and laws and that customers are permitted to use content and technology and its compilation, collection, selection, arrangement, assembly, and coordination only as expressly authorized by WebTerritory.net service. customers agree not to copy, reproduce, or create derivative works of the services, technology, content, text, design, graphics and other features of the WebTerritory.net sites.

WebTerritory.net claims no proprietary rights or intellectual property rights in customer's site content, including, but not limited to, text, software, music, sound, photographs, video, and graphics supplied by you for use on your site.

Trademarks and Service marks

WebTerritory.net's graphics, logos, and service names used to identify WebTerritory.net's products or services are the trademarks of WebTerritory.net. You agree not to use WebTerritory.net trademarks in connection with your, or any third party's, products or services in a way that discredits or ridicules WebTerritory.net or infringes upon WebTerritory.net's intellectual property rights. All other brands and names used on WebTerritory.net are the property of their respective owners.

Traffic Statistics

WebTerritory.net reserves the right to include traffic generated by all Web sites it hosts in its overall accounting of page views, unique users and other usage measures. This includes providing Web traffic measurement companies with all URLs hosted by WebTerritory.net for use in projecting WebTerritory.net's overall traffic.

Closing Agreements