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CreaTec Solutions (referred
hereinafter as 'CreaTec Solutions', 'our', 'we' and 'us') is a
firm offering web hosting, web design and graphic design
services. All of out services including, but not limited to web
hosting, web desing and graphic design, are subject to the terms
of service described in this document. Under the terms of this
agreement, your placement of information on servers resold to
you by CreaTec Solutions or your use of any or all of our
services is an acknowledgement that you have read, understand,
and agree to be bound by terms of service below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of
these services which violates any laws which may apply to
CreaTec Solutions, your local jurisdiction, or any jurisdiction
that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libellous, offensive, pornographic, indecent, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to
civil liability, or otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the
Internet.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing, etc., and encrypting of
any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
CreaTec Solutions reserves to the right to the final decision on
what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on servers hosted by us:
Run any process that requires more than 8Mb of memory space,
more than 30 CPU seconds, or use more than 5% of all available
system resources at any time.
Run any type of interactive real-time chat applications that
require server resources. Remotely-hosted services are fully
allowed.
Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such
as IRCD.
Run any software that interfaces with an IRC (Internet Relay
Chat) network.
Run any site with adult-oriented content, including but not
limited to any pornographic material.
Users are also required to abide by the following:
Databases are only to be used for CreaTec Solutions-hosted web
sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance
against sending of unsolicited e-mail, commonly known as spam.
Any user who sends out spam will have their account terminated
without notice.
CreaTec Solutions reserves the right to require changes or
disable as necessary any web site, account, or other component
that does not comply with this policy, at its sole discretion.
CreaTec Solutions also reserves the right to make any such
modifications in an emergency at our sole discretion.
3. Indemnification
You agree to indemnify, defend, and hold harmless CreaTec
Solutions from any and all liability, penalties, losses,
damages, costs, expenses, attorneys' fees, causes of action or
claims caused by or resulting indirectly from your use of the
service which damages either you, CreaTec Solutions, or any
other party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all
issues associated with your account, including but not limited
to domain name selection and Web site content.
4. Refusal or discontinuation of service
CreaTec Solutions reserves the right to refuse or discontinue
service to anyone at CreaTec Solutions' sole discretion. CreaTec
Solutions may deny you access to all or part of the service
without notice if you engage in any conduct or activities that
CreaTec Solutions in its sole discretion believes violates any
of the terms and conditions in this agreement. CreaTec Solutions
shall have no responsibility to notify any third-party providers
of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack
of notification. You agree that CreaTec Solutions has the right
to monitor the service electronically from time to time and to
disclose any information as necessary to satisfy the law, or to
protect itself or its subscribers. CreaTec Solutions reserves
the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this
agreement. CreaTec Solutions also reserves the right to refuse
refunds in cases where CreaTec Solutions believes abuse has
taken place.
5. No warranties
CreaTec Solutions makes no warranties or representations of any
kind for the services being offered. The service is provided on
an "as is" and "as available" basis without warranties of any
kind, either express or implied, including but not limited to
warranties of title, non-infringement, or implied warranties of
merchantability or fitness for a particular purpose. No advice
or information given by CreaTec Solutions or its agents or
employees shall create a warranty. CreaTec Solutions provides no
warranty that the service will be uninterrupted or error free or
that any information, software or other material accessible on
the service is free from viruses or other harmful components.
Under no circumstances shall CreaTec Solutions be liable for any
direct, indirect, special, punitive, or consequential damages
that result in any way from your use of or inability to use the
service, or for third parties' use of the service to access your
Web space, or to access the Internet or any part thereof, or
your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service, or
that result from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission, or
any failure of performance. If you are dissatisfied with CreaTec
Solutions service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using the service.
You understand that by placing information on CreaTec Solutions'
hosted servers that such information becomes available to all
Internet users and that CreaTec Solutions has no way of limiting
or restricting access to such information or protecting such
information from copyright infringement. You assume total
responsibility and risk for your use of CreaTec Solutions’
hosted servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and
usefulness of all opinions, advice, services and other
information, and the quality and merchantability of all
merchandise provided through CreaTec Solutions or on the
Internet generally.
Your use of the service is at your sole risk. CreaTec Solutions
is not responsible for files and data residing on your account.
You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and
data stored on CreaTec Solutions servers.
You agree not to interfere with the operation of the system. You
further agree not to interfere with the proper operation of
other systems reachable through the Internet, including any
attempt at unauthorized access. You agree to abide by any and
all future CreaTec Solutions policy decisions.
CreaTec Solutions reserves the right to monitor any and all
communications through or with our facilities. You agree that
CreaTec Solutions is not considered a "secure communications
medium" for the purposes of the ECPA, and that no expectation of
privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for all use
of this account, are at least 18 years of age. If you are under
18 years of age, you need to have parental consent in order to
sign up, and the account must be ordered by a parent or
guardian, in their own name. You agree to supply CreaTec
Solutions with a current and truthful name, postal address and
telephone number for our records, and you have a continued
obligation to keep this information current. You also agree that
you are an authorized user of any credit card that you supply to
us, and you understand and agree that we have an obligation to
fully investigate any possible fraudulent credit card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is
purchased either for yourself or on behalf of a client if you
are a reseller. You understand that as a reseller, you are the
individual solely responsible for all use of the account.
8. Payment & Other Information
You agree to supply appropriate payment for the services
received from CreaTec Solutions, in advance of the time period
during which such services are provided. You agree that until
and unless you notify CreaTec Solutions of your desire to cancel
any or all services received, those services will be billed on a
recurring basis.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral
communication you may have had with CreaTec Solutions or any
agent or representative thereof, and constitutes the complete
and total agreement between the parties. Should any provision of
this agreement is determined to be invalid or unenforceable, all
other provisions shall remain in full force and effect and said
provision shall be reformed only to the extent necessary to make
it enforceable.
By placing and continuing to maintain or place information on
CreaTec Solutions' hosted servers you are stating and
acknowledging that you have read the aforementioned terms and
conditions and that you understand such terms and conditions and
agree to be bound by them.
WEB DESIGN/GRAPHIC DESIGN
The first meeting with a CreaTec Solutions representative is a
free, no obligation to buy meeting where we gather information
on what work/services you require to assist us in deciding on
the final price calculation. On the second meeting we provide
the price for the work/services you require and a contract. The
price given to you at that time will not change unless you
request additional services from us. You may choose not to sign
the contract. No charges would apply if you chose not to proceed
at this stage.
Once you sign the contract you are required to make a deposit
which equals to one third of the full price or the full payment.
You may ask for a refund for services paid in advance of the
time period during which such services are provided. No refund
will be provided for the services that you have already used.
Once payment is received we commence the work/service you
requested. A second meeting is arranged to show you the front
page (also referred to as main or home page) where you may
request for changes to be made. A second payment is required
which equals to one third of the full price (unless you already
paid in full). A third and final meeting is arranged to show you
the completed website where you may request for changes to be
made. A third payment is required which equals to one third of
the full price (unless you already paid in full) after any
changes you request in the third meeting have been completed.
Charges may apply for changes requested by you after the third
meeting. If your payment (either full, or one third, or two
thirds) is made by cheque and it dishonors you will have to
write us another cheque for the same amount as the fist cheque
plus any charges incurred by us due to the dishonor. You will be
provided with a receipt for each payment which is a legal record
of your payment to CREATEC SOLUTIONS and/or its representatives
and/or associates. If you are paying by cheque and it dishonors
the receipt will be deemed as void until full payment is made
for the same value.
If your payment is overdue late charges may apply which equal to
$2 per day for every day the payment is late. Charges may be
waived if a reasonable explanation is provided which will be at
our discretion to accept or not.
We reserve the right to suspend or cancel any work/services you
may have requested from us if your payment is more than 5 days
overdue.
WEB HOSTING
Please refer to our PRICING BULLETIN to find out the cost of
each of our deals. We can vary our deals according to your
requirements but additional charges may apply. All the prices
include GST. Fees are variable and subject to change at any
time. You will be notified of any changes at least 1 month
before they occur. If you are making annual repayments any price
changes would not be reflected until your subscription comes up
for renewal. With all the deals and payment frequencies payment
is required in advance of service received unless we give other
permission. We reserve the right to stop work/services at any
time if payment due is not received or you cease to co-operate
with our representative/associate. You may request to cancel
your subscription at any time. Once you have signed up and/or
received access to your hosting account no refund will be
provided whether you prepay for a month or a year. Charges may
apply for changes requested to the deal by you after the
subscription has been activated. Additional charges apply if you
exceed your monthly data transfer limit which is charged monthly
at $0.20 per MB exceeded and/or if you exceed your web space
limit which is charged monthly at $0.30 per MB exceeded. If your
payment is made by cheque and it dishonors you will have to
write us another cheque for the same amount as the fist cheque
plus any charges incurred by us due to the dishonor. You will be
provided with a tax invoice for each payment you make which is a
legal record of your payment to CREATEC SOLUTIONS and/or its
representatives and/or associates. If you are paying by cheque
and it dishonors your payment will be deemed as void until full
payment is received for the same value plus any dishonour fees
we may have incurred . |