Please read these terms and conditions closely.
All items are enforced by Sage Internet Solutions Ltd.
(Sage). Your site content and your use of the services
provided by Sage Internet Solutions Ltd:
- Will not infringe on any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy;
- Will not violate any laws, statute, ordinance or
regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
- Will not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
- Will not be obscene or contain child pornography
or, if otherwise harmful to minors;
- Will not contain any viruses, trojan horses, worms,
time bombs, cancel bots or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate
any system, data, or personal information;
- Will not link directly to or include descriptions
of goods and services that you do not have a right
to link to or include
- Will not include unreasonable distribution of mass
e-mails to parties who do not wish to receive such
e-mails or have not affirmatively acknowledged that
they wish to receive such e-mails.
Internet/Email Etiquette
No spam e-mail is tolerated and any such conduct will
result in your account being shut down.
You must not use the Sage network and/or equipment to
originate the transmission of spam, flames, mail bombs,
or substantially similar, unsolicited email messages.
Nor must any messages originating from elsewhere announce
or otherwise advertise a web site or service hosted by
Sage.
A message is considered unsolicited if it is posted
in violation of a newsgroup charter or if it is sent
to a recipient who has not requested or invited the message.
For purposes of this provision, merely making one's email
address accessible to the public will not constitute
a request or invitation to receive messages. If you are
found to have spammed, without warning, Sage reserves
the right to disable your domain without notice.
We disable first, and ask questions later.
Sage solely reserves the right to refuse or cancel service
to known spammers. Lastly, Sage reserves the right to
determine what violates this policy. As such, any violation
will result in cancellation of services without
refund.
Hosting clients who run opt-in mailing list software
or other collection methods for their web site must require
subscriber authentication before completing the process
for the end user. Additionally, clear instructions on
subscription and un-subscription options must be provided
in each email that is sent to the mailing list recipients
and also provided in a clearly marked area on the clients’ web
site.
Billing Policies
Sage provides hosting services on a monthly, quarterly
or annual pre-paid basis. Payment is
accepted through the following options:
a) Credit Card – The supplied
card number will be automatically charged on the renewal
date (end of month/quarter prior to period for services).
b) Cheque or money order – Customers
paying by check or money order will receive an invoice for
charges and payment is due upon receipt. Accounts that are
30 days or more overdue are subject to a late payment interest
charge, calculated at 2% compounded monthly.
If payment is not received, service will be suspended
until the account is current.
The hosting Agreement will continue in force for one
(1), three (3) or twelve (12) months, as applicable,
from and after the date thereof, and shall automatically
renew for a successive one (1), three (3) or twelve (12)
month term, as applicable, unless terminated as provided
in this Agreement.
Credit Cards
In order to comply with the payment provisions of this
Agreement for hosting services, customers paying by credit
card agree to provide Sage with both the credit card
particulars as described in this Agreement and to complete
an authorization form authorizing Sage to charge applicable
charges to such credit card.
In order for continuity of service, customers paying
by credit card authorize Sage to charge their credit
card for any recurring charges for the life of the contract.
In the event that you cancel the credit card you have
provided us or it is otherwise terminated, you must immediately
provide us with a new valid credit card number. In the
event that you do not provide us with a current valid
credit card number with sufficient credit upon request
during the effective period of the hosting Agreement,
you will be in violation of this Agreement, and we may
terminate this Agreement with you.
Alternate billing arrangements can be made. Please contact
our billing department at accounts@sageinternet.com or
(250) 386-7243 if you require alternate arrangements.
Price Changes
Sage reserves the right to alter and change the terms
of the pricing schedule at any time, upon a one month
prior notice to customers. Sage shall provide notice
of such changes to you, the customer by posting conspicuous
notices on our web site. You agree that your use of the
hosting services after notification of any changes to
the pricing schedule shall constitute notice to Sage
that you have agreed to the terms of the revised pricing
schedule.
Cancellation
This Agreement may be terminated by either party, without
cause, by granting the other party 30 days written notice.
Notice must be made by mail or electronic mail. Refunds
will only be issued for cancellations provided within
this time frame. Notwithstanding the above, Sage may
terminate service under this Agreement at any time, without
penalty, if the customer fails to comply with the terms
of this Agreement, including non-payment. Sage reserves
the right to charge a reinstatement fee.
Transfer
The Customer may not transfer this agreement without
the written consent of Sage Internet Solutions.
User ID/System Access Information
You are provided with a user identification number (“UserID”)
and a password. It is your obligation and your responsibility
to safeguard the confidentiality and monitor any usage
or services provided in connection with the UserID and
the password. Any charges associated with the UserID
and the password are your responsibility and you shall
bear any risk of loss thereto (including charges for
services).
System/Server Resources
Each hosting account comes equipped with supported scripts.
Customers are free to use scripts provided with their
account or add any additional ones they require. Any
scripts deemed to be adversely affecting the server performance
or the network integrity may be shut down without prior
notice.
Any web site that uses a high amount of server resources
(such as, but not limited to CPU Time, Memory Usage,
and Network Resources) will be given an option of either
upgrading their service level or reducing the resource
used to an acceptable level.
Background Running Programs Background Daemons in general
are prohibited.
Sage will consider requests on a per application basis.
If allowed, extra charges will be assessed based on resource
requirements for system usage and maintenance.
Indemnification
Customer agrees that Customer shall defend, indemnify,
save and hold Sage harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorneys' fees, compensatory damages, punitive damages,
trebled damages, and statutory damages (hereinafter "Liabilities")
asserted against Sage, its agents, its customers, servants
officers and employees, that may arise or result from
any service provided or performed or agreed to be performed
by Customer, its agents, employees or assigns or any
product distributed, offered or sold by Customer, its
agents, employees or assigns.
IRC (Internet Relay Chat)
Sage currently prohibits its customers from operating
IRC or IRC Bots on any of the servers in the Sage network.
Additional Terms
- Sage reserves the right to refuse service to anyone
wishing to use our services.
- Sage is not responsible for the Content of our clients.
- Sage cannot guarantee that we will notice or prevent
any inappropriate use of this system. This includes
but not limited to underage persons, or persons acting
under false pretenses.
- Sage cannot guarantee that we will notice or prevent
Users from registering with false demographic information.
- Sage is not responsible for damage or loss, (data,
financial, or otherwise) caused by errors in the system
or the Internet. The system may be unavailable unexpectedly
as a result of errors or circumstance beyond our control.
- Sage provides no guarantee for clients using our
shared services and no refunds will be issued for unavailable
time. Clients with Dedicated Servers will have their
specific SLA (Service Level Agreement) included with
their signed contract.
Please contact us for clarification
on these Terms and Conditions.
Investigations of Violations of the Acceptable
Use Policy
Sage will cooperate with all Government officials, international
organizations and law enforcement authorities seeking
to clarify whether any User has violated the AUP Sage
and Users pledge to comply with all applicable laws in
such investigation. Privacy is of fundamental importance
to Sage Internet Solutions Ltd., who will respect and
protect the privacy of Users. Private information will
be disclosed to law enforcement authorities only as required
by law.
Sage will not knowingly host illegal content if such
content is determined to be illegal by a court of competent
jurisdiction. Although Sage is unable to monitor all
content, Sage will make a reasonable effort to investigate
legitimate complaints about alleged illegal content or
network abuse, and will take appropriate action. Prior
to taking any action, upon receipt of such complaints
Sage will: (a) conduct an internal review to determine
the nature and location of the content or abuse, and
where warranted; (b) consult with legal counsel and/or
outside authorities, and/or; (c) notify the User or User
of the complaint, with a request for a response within
seven days. If the complaint concerns copyright infringement,
Sage will comply with all copyright laws of applicable
jurisdictions and reserves the right to remove such offending
item or Content at any time. If you have any questions
about these terms, or if you would like information about
using any material in this site, please contact
us.
