This agreement is between
Tweaked Solutions Inc. ("Tweaked Solutions"), a Corporation existing under the laws of the
Province of Ontario with offices at 7856 Fifth Line South, RR4,
Milton, Ontario, L9T2X8, and the Customer (as signed above) to
provide World Wide Web (WWW) hosting on Tweaked Solutions’s WWW servers.
This agreement covers World Wide Web (WWW) and/or FTP hosting
services by Tweaked Solutions, for the Customer only, and does not extend
rights to any other party on behalf of the Customer. It is the
responsibility and liability of the Customer to protect their user
account(s) and password(s) information and should not disclose it to
any other party.
The use of Tweaked Solutions Internet shared resources is solely for the
purpose of Web hosting and does not extend its usage for any other
purposes. Use of this account for purposes such as unauthorized
access of data, or the presentation and transfer of material considered
illegal by the United States or international laws is strictly prohibited.
The Customer agrees to indemnify and hold Tweaked Solutions harmless from
any claims resulting from the Customer’s use of the agreed WWW
services that damage either the Customer or another party or parties.
Tweaked Solutions reserves the right to remove from Customer’s account any
material which violates any applicable Federal, Provincial, Common,
International laws or regulations or Tweaked Solutions Acceptable Use policy.
Tweaked Solutions reserves the right to modify the Acceptable Use policy at
any time, effective upon posting of the modified Policy to the URL
http://www.tweakedsolutions.com/policies/aup.php.
Tweaked Solutions will provide the hardware, software, and system
administration necessary for World Wide Web access to Customer’s
Internet site. Customer understands and agrees that Tweaked Solutions will
make every effort to provide access to Customer’s WWW-site
24-hours a day. Occasionally, however, access may be suspended due
to hardware or software maintenance, upgrades and outages by our
up-stream providers.
Tweaked Solutions will create regular backups of Customer information residing
on our WWW servers. We are not responsible, however, for any
Customer data lost or corrupted. It is recommended that Customer
maintain a backup copy of his/hers WWW material hosted on Tweaked Solutions
servers.
Tweaked Solutions will provide one Universal Resource Locator (URL) address for
each hosting account, in the form www.YourNameChoice.extension
Tweaked Solutions will register such name with InterNIC and maintain domain
service for that domain name. Customer understands that all Internet
domain name regulations and policies are set by InterNIC, and Tweaked Solutions
is not responsible for resolving domain name disputes or domain name
associated issues. Customer understands that the setup fee for
domain name accounts includes InterNIC registration fees for one
year unless otherwise stated. Each domain name fee covers the setup,
registration, and maintenance of one domain name. The domain name
registration fees are subject to change by InterNIC. Domain name
registration fees are non-refundable.
Tweaked Solutions will also provide a limited amount of hard disk space.
The limit for disk space and data transfer (the exchange of
digital media between the customer’s web site and the Internet)
corresponds to the hosting plan selected by the customer at the top
of this agreement. Additional hard disk space will be billed at $1 per
megabyte per month.
All hosting service fees are due in the first week of every month or first
week of every year unless prior special arrangements have been made with Tweaked Solutions.
If payment of hosting fees is not received by the invoice due date, the
unpaid balance will be subject to interest at a rate of 1.5% per month.
Non payment of hosting services DOES NOT constitute a request for
service termination or account cancellation. To terminate hosting
service, the customer agrees to notify Tweaked Solutions of his intentions, 30
days before the service termination date.
A hosting account is considered delinquent if no payment is received
within 60 days from the first of the month or year start date, for which
hosting services were provided by Tweaked Solutions. All delinquent accounts will
be turned over to a Collection Agency and will be subject to 18% annual
interest, and collection cost.
Any interest due to late payment, will be assessed from the date
services were rendered.
If payments are made by credit card, Customer agrees to pay all billed
amounts according to the credit card issuer terms and conditions until
the Customer cancels the account(s) or discontinues credit card
billing.
Cheques should be made out to "Tweaked Solutions Inc.". All returned checks
are subject to a $30.00 charge.
No warranty is made by Tweaked Solutions regarding bandwidth or any
information, services or products provided through, in connection with,
or located on the computer systems at Tweaked Solutions, and Tweaked Solutions
hereby disclaims any and all warranties, including without limitation on
any warranties as to the bandwidth, availability, accuracy, content of
information, products, or services.
By signing this agreement, Customer releases Tweaked Solutions from any
liability, including without limitation any liability for damages caused or
allegedly caused by any failure of performance, delay of operation or
transmission, error, omissions, interruption, deletion, defect,
communications line failure, theft or destruction of, or unauthorized
access to, negligence, for breach of contract, or under any other
cause of action. Any liability of Tweaked Solutions shall be strictly limited to the
amount paid by or on behalf of Customer to Tweaked Solutions for the current
month.
Customer agrees that these terms and conditions are subject to
change with a 30 days notice. Customer can cancel his/hers hosting
account with a 30 day written notice. By use of a Tweaked Solutions hosting
account, Customer accepts the terms and conditions set forth in this
agreement.