Terms and Conditions
This policy represents the Rocky View Web (“RVW”) Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Rocky View Web customers agree to when they sign-up for any of the RVW website hosting, management or development services. Rocky View Web reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
RVW also retains the right to increase any pricing and make changes to our account plans without notification. Customers using any services offered by RVW agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with RVW. Rocky View Web retains the sole discretion to make a judgment regarding any violation by any RVW customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Rocky View Web maintaining one or more accounts (each “Account”), you, as the Rocky View Web customer, agree to the following terms of service.
Definitions
- “We” “Us” “Provider” “Rocky View Web” or “RVW” – RockyViewWeb.com
- “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for website hosting, website management, website development, or is a designate of anyone who applies for any of these services.
Disclaimer of Warranty
The Internet, website hosting, website management, and website development rely on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly, not all services may be available to you at all times.
RVW, however, offers a 99.9% uptime guarantee. This is valid for only the server(s) utilized by RVW and the associated primary co-location internet connection. RVW clients may be diverse and their websites and the function of those websites may be diverse and RVW cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
ROCKY VIEW WEB MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Rocky View Web nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Rocky View Web, even if RVW has been advised of the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL ROCKY VIEW WEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ROCKY VIEW WEB SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF ROCKY VIEW WEB SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ROCKY VIEW WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ROCKY VIEW WEB’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ROCKY VIEW WEB FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ROCKY VIEW WEB’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold Rocky View Web and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Rocky View Web servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to equipment utilized by Rocky View Web or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Rocky View Web’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the Province of Alberta in the Country of Canada without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in a court in Alberta Canada. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Rocky View Web
Rocky View Web will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide HTTP Internet content to the general public. The Service allows RVW members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Rocky View Web members will use the provided services in a manner consistent with any and all applicable laws. RVW provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. RVW reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violations are committed, RVW can terminate client’s account without notification.
Rocky View Web provides timely website hosting support to our clients through support tickets and phone. By accepting your client contract agreement with RockyViewWeb.com, you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Rocky View Web and any employee or contractor of Rocky View Web.
Rocky View Web will send e-mails from time to time regarding your account, special offers, and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Refusal of Service
Rocky View Web reserves the right to refuse, cancel or suspend service, at the sole discretion of RVW.
Client Content
Client agrees that web pages and files uploaded to servers will not violate any provincial, national or foreign laws or regulations; infringe on any intellectual property rights of Rocky View Web or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Rocky View Web or any third party. Customers may not run IRC, bots or clients. Clients may not use RVW servers for file storage unrelated to the client’s website. Storage space is for active website file pages only. Rocky View Web hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Rocky View Web. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3 files, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. In addition, Rocky View Web requests that no adult, alcohol, tobacco, cannabis, occult or gambling content be hosted on RVW server space or submitted to RVW for website development or management. Rocky View Web will be the sole and final arbiter as to what constitutes a violation of this policy. RVW does not normally monitor the contents of clients servers, however, if suspicion occurs, RVW reserves the right to investigate and terminate the client’s subscription to the service.
Unlimited Features
What do you mean by “unlimited disk space and bandwidth/data transfer”?
RVW does not set limits on the disk space and bandwidth (data transfer) provided to you in plans/categories that are marked “Unlimited”. RVW wants you to have the resources available to you to build a great online presence.
Even though RVW wants you to succeed, there is a need to ensure that RVW is providing all RVW customers with optimum service. As such RVW does require all RVW customers to be fully compliant with the Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents may be removed and while RVW will make best effort to contact customers beforehand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (CPU, memory, disk i/o, # of files/inodes) utilization. Rocky View Web offers a shared hosting service, in which environment customers may share resources with other customers. Therefore it is imperative that RVW controls any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to CGI scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources may be slowed down automatically for as long as the resources are being overused. Rocky View Web will make every reasonable effort to notify customer prior to suspension, however, RVW may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer who is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package. Rocky View Web will be the sole and final arbitrator as to what constitutes a violation of this policy. Customers have access to their Resource Usage within their control panel.
No “Spam”
UCE/UBE or “Spam” originating from a server located on our network or associated with a Rocky View Web server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Rocky View Web network but is sent from an e-mail address not associated with that RVW account. Client shall not use their RVW services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. RVW reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Excessive Exploits
Rocky View Web allows 3rd party scripts to be uploaded/installed from an auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, or “deface” their site(s) it is the responsibility of our clients to either remove that script or Rocky View Web reserves the right to terminate that clients’ account and provide them with a prorated refund.
False Information
Customer agrees not to post false or inaccurate information to newsgroups in violation of the news groups rules and regulations. If any news groups or service provider contact Rocky View Web concerning unethical, false or unlawful activities by you, RVW reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Backup Files
Rocky View Web provides the tools needed to create backups of account data. Data on RVW servers is also backed up and a copy is retained for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Unless client uses the Rocky View Web WordPress Management service, Rocky View Web does not provide or keep records or copies of our clients’ website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Payment Obligations
Full payment is required in advance before hosting service is established. Rocky View Web sends out invoices that are due every pay period. You warrant and represent that the information you supply in the Order Form (or other information that Rocky View Web may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Rocky View Web prior to the renewal date and although RVW sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying RVW, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for may result in service deactivation until the account and or service renewal is paid for in full.
Renewals
It is the obligation of Rocky View Web’s customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the RVW cancellation form 5 business days prior to their account’s renewal date to ensure that the RVW can stop any renewal charges. Rocky View Web’s clients receive email notifications prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that RVW has a valid email address for which notices can be sent to RVW’s clients. If RVW does not receive a cancellation request prior to the customer’s renewal, RVW will renew the clients’ account 24 hours prior to the renewal date and will apply charges as appropriate. Accounts will be automatically renewed and billed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow RVW to place your account on a recurring payment plan, wherein RVW will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc.
Late Fees
Clients have the option to pay an invoice at any time by logging into their Rocky View Web account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system.
Currency
All prices listed are in Canadian Dollars ($ CAD), for all services unless otherwise specified.
Coupon Use
Coupons may be offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Rocky View Web has the right to refuse any coupon code that it believes to be invalid. RVW will honor the lowest advertised price on our website located at http://rockyviewweb.com/ at the time of order.
Cancellation & Refunds
Refunds may not be available for customers after account activation. You may, however, cancel your account at any time in order to make sure that your account is not renewed. You will need to contact Rocky View Web and verify information before cancellation takes place. You will be charged in full for the entire month in which you canceled your account. Accounts which have negative balances may be sent to collections and all services may be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration.
In addition, refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, premium SSL certificates, WordPress site management, WordPress site transfers, Website Development, and professional services, etc. Add-on services that are activated and are included in the hosting package are not refundable.
All website files are the responsibility of the Rocky View Web customer and should an RVW customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the RVW server prior to requesting that RVW cancels their account. Once the cancellation request has been submitted to Rocky View Web, a cancelation of the website hosting service may occur anytime after the request is received by RVW and when a cancellation request is completed the client’s hosting account with RVW and their website files are permanently removed from the RVW servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement
Rocky View Web offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. RVW is not responsible for any downtime caused by the client.
