This TUP refers to all Gateway Equipment Company Services.
However, in the event of a conflict between the terms of this TUP and a
signed Gateway Equipment Company Services Agreement, the terms of the Gateway Equipment Company
Services Agreement will prevail.
1) SERVICE. Gateway Equipment Company will sell and Customer will purchase certain Services. Gateway Equipment Company Services are defined as the use by the Customer of computing, telecommunications, software, and information services provided by Gateway Equipment Company. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
a) Web Hosting Service means - Any act of serving the Customer including Shared or Dedicated Server Services being provided by Gateway Equipment Company, regardless of its duration and whether it's a paid service or a service for free. The Services are provided "as is" and "as available" without warranties or conditions of any kind.
b) Without limiting the scope of item 1.a. above, Gateway Equipment Company will provide services on its host computing systems to individual Customers in exchange for payment of fees and compliance with the terms and conditions of this document.
c) Connectivity Service means connection of the customer to the Internet via a telecommunications facility, and includes Virtual Private Network (VPN) Services.
2) DOMAIN NAME REGISTRATIONS. Gateway Equipment Company's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). Gateway Equipment Company does not and cannot guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission.
a) Gateway Equipment Company will submit application to the Registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information has to be made directly to the Registrar and not to Gateway Equipment Company. Be advised that upon registering a domain name with Network Solutions, Inc and WebNames.ca, Inc. you will be subject to the Terms and Conditions of these registrars, or other registries as applicable.
3) TERM. The term of use is month to month, unless otherwise agreed upon. The Customer's Web Hosting services will be automatically renewed on the final day of the Term unless terminated in accordance with Section 5.
4) TRAFFIC RESTRICTIONS. For nearly all of our business customers, there will be no practical limit on the amount of traffic through either your DSL connection or to and from your website. (Among our thousands of business customers, over 99% currently use less than 2GB of traffic per month.) For the 1% of our customers who have heavy traffic requirements, you will be charged for excess traffic above certain limits:
For all hosting customers, excess traffic charges will apply above 10GB per month.
For Small Business Solutions customers, the traffic limits are as follows:
For DSL Connectivity only customer, the traffic limits are as follows:
Customers, who exceed their allotted traffic limit, will be
charged $15.00* per GB of excess traffic, or the rate agreed to in their
Gateway Equipment Company Services Agreement.
* For all customers who may have signed onto an unlimited usage policy, the preceding rates apply effective October 1, 2001.
Rates and Terms are subject to change.
a)For Cause. Either party may terminate the Services for cause without penalty in the event that the other party breaches any material term of this Policy, including but not limited to Section 6 of this Policy. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate, which shall clearly describe the problem(s) constituting cause. Customer shall cooperate with Gateway Equipment Company in enforcing the TUP (www.yourcompany.com) or available from Gateway Equipment Company at Customer's request.
b) For Convenience. Customer may terminate their Services at any time for convenience after giving Gateway Equipment Company written notice 14 days before the following payment period. In the event of such termination, Customer forfeits all prepaid fees.
6) ABUSE OF SERVICES. Any use of Gateway Equipment Company system resources that disrupts the normal use of the system for other Gateway Equipment Company customers is considered to be an abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to;
Defined as those many and varied activities that would commonly be termed abusive by computer professionals. These would include, but are not limited to:
Attempts to misuse the proprietary information, intellectual property or property of others for their for their own purposes.
e-Mail SMTP Acceptable Use
Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by Gateway Equipment Company Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Gateway Equipment Company Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Customer.
Unethical and criminal offenses are violations of Gateway Equipment Company conditions of use. You are expected to report to Gateway Equipment Company any information you may have concerning instances in which the conditions of use have been or are being violated. When Gateway Equipment Company becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Gateway Equipment Company may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.
7) BILLING. Customer is responsible for all applicable charges for services rendered, as set forth in the Web Hosting and Hosting Options pricing structure, as detailed at www.yourcompany.com at time of order submission, plus all applicable taxes. Web Hosting is a pre-paid service. Invoicing for Web Hosting Services is delivered after the charge has already been applied to the credit card provided. If Customer is paying by cheque or money order, Customer will be invoiced in advance of payment due. Customer is required to pay in a minimum of three-month increments when paying by Cheque (check) or money order. Invoices may be delivered by email, fax or mail. Service interruption does not relieve Customer from the obligation to pay the monthly charge. Additional fees may apply for NSF payments, reactivations, terminations, and changes of service. Accounts are in default if payment is not received within 30 days after day of invoice. If Customer defaults, Customer agrees to pay Gateway Equipment Company its reasonable expenses including solicitor and collection agency fees, incurred in enforcing its rights under this Agreement. Accounts in default are subject to an interest charge of 1.5% per month (19.56%. per annum).
8) USE OF NETWORK. Gateway Equipment Company Services are for the exclusive use of the Customer as contemplated by this TUP and is restricted by the TUP. Gateway Equipment Company reserves the right to amend the TUP from time to time. Customer acknowledges that it has read the TUP in effect at the date hereof.
9) IP ADDRESSES. Gateway Equipment Company 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 IP numbers and addresses.
10) CUSTOMER RESPONSIBILITY. It is Gateway Equipment Company's responsibility to install and maintain all Gateway Equipment Company's hardware, software and Network Infrastructure. Customer will have sole responsibility for ensuring that any additional software and services are compatible with Gateway Equipment Company's requirements and that they continue to be compatible with any modifications to any of the Services by Gateway Equipment Company from time to time. Gateway Equipment Company, at its sole discretion may deny any additional software application installations.
11) AGE OF MAJORITY. Gateway Equipment Company cannot accept agreements and payments from persons under the age of 18 years. Therefore, Gateway Equipment Company requires that its agreements be made with a person who is qualified to contract. As such, the Customer must be over the age of 18 years. Otherwise, a parent or guardian must accept the TUP and ensure the proper payment.
12) MODIFICATIONS. Gateway Equipment Company may, from time to time, modify the charges (including late payment charges) or any other term or condition of the Services provided that it gives the Customer at least 30 days advance written notice. Customer shall have the option to continue their Web Hosting services at the new charge or terminate their Web Hosting services upon giving written notice to Gateway Equipment Company prior to the expiration of the 30 day period referred to above.
13) MISCELLANEOUS. This TUP shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada as applicable therein. Gateway Equipment Company may assign its rights and obligations under this TUP without your prior written consent. The Customer may not assign their Web Hosting services without the prior written consent of Gateway Equipment Company, such consent not to be unreasonably withheld. This TUP remains binding upon the parties and their respective heirs, executors, trustees, successors, and assigns.
14) DATA, PROTECTION. Customer acknowledges having read Gateway Equipment Company's Privacy & Security statement in effect at the date hereof, available at www.yukonsoft.com .
15) LIMITATION OF LIABILITY. In no event will Gateway Equipment Company be liable for:
a) incidental, indirect, special or consequential damages or,
b) any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this TUP or the use or performance of Gateway Equipment Company Services, whether in action or of contract or tort including but not limited to negligence. Gateway Equipment Company's liability for damage to property shall be limited to physical damage directly caused by the sole negligence of Gateway Equipment Company and in not event shall exceed the charges associated with the provision of the Services. No action may be brought under this TUP more than two (2) years after its termination, or in the event of default by one of the parties, more than two (2) years after such default has come to the notice of the other party.
16) INDEMNIFICATION. The Customer hereby covenants and agrees to indemnify, defend and save harmless Gateway Equipment Company and its Partners, employees, legal representatives, successors and assigns, and each of them, from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, judgments, losses, damages, costs, charges, lawyers' fees, and other expenses of every nature and character by reason of the Partner's business and/or actions in respect of this TUP. The Partner further covenants and agrees that the provisions contained in this Section 16 shall survive the termination or earlier expiration of the Customer's Web Hosting services and shall be liberally construed in favour of Gateway Equipment Company.
17) FORCE MAJEURE. Gateway Equipment Company shall not be liable for any loss, damage, delay or failure to perform whole or in part resulting from causes beyond Gateway Equipment Company's control, including, but not limited to, war, acts of terrorism, fires, earthquakes, strikes, delays in transportation, or requirements of any government agency.