Terms & Conditions
Web Hosting: An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more shared or physical computers for use by Subscriber.
Bandwidth: A finite amount of Provider’s network transfer (bandwidth) capability for use by Subscriber using the Services requested by Subscriber.
Technical Support: Electronic support is provided only to Subscribers authorized Contacts ("Contacts") as listed within Subscriber's Member Center. Technical Support does not include computer training, software training, or any other general technical or Internet training.
Setup fee: Subscriber agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.
Recurring fee: Subscriber agrees to pay any recurring fees listed in the plan or service description term in advance each recurring payment date. Subscriber accounts 14 days past due may be temporarily suspended upon the Providers discretion until payment is received in full.
Bandwidth Overage: Should Subscriber exceed the total amount of combined bandwidth as described in the service or plan description; Provider will make all attempts to contact Subscriber by using Subscribers information on file to make arrangements to keep the subscribers service running. Additional bandwidth can be purchased for all accounts. Subscribers will be notified when 80% of maximum bandwidth allowance is reached. If no response or additional bandwidth purchases are made within 48 hours of exceeding Maximun Bandwidth Usage the Subscribers Account may be suspended upon the Providers discretion.
Term: This Agreement shall be effective as long as Subscribers continue to use Provider's Service.
Acceptable Use: Subscriber’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Use Policy” which promotes professional and safe computing practices. Provider may at its sole discretion change, update and revise the Acceptable Use Policy. The Acceptable Use Policy is located at the following URL http://www.creativeindesign.com/aup.php
Account Owner: The highest authority of a single specific Account is the Account Owner. Individual Services that are associated with an Account are controlled by the Account and its Account Owner. The Account Owner is established at the time the Account is created. The details of an Account Owner must be that of a real person. It is not permitted to use non-fictious or "fake" names for the details of an Account Owner. Accounts containing fictious or "fake" names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.
Transfer: The Account Owner role can be transferred only to an existing Contact on an Account and only with the permission of the current Account Owner. If the Account ownership role is transferred to another Contact, the previous Account Owner is no longer privileged beyond the basic privileges of their new role.
Creativeindesign.com reserves the right to cancel the account at any time with or without notice.
Security measures have been put in place to insure the safe cancellation of all subscriber related services. In the event that a Service or Account needs to be closed, subscribers may contact the Creativeindesign.com by phone ( Canada: 613 327 1655) Monday – Friday 9:00 AM – 5 PM Eastern Time. An email confirmation system will be used in conjunction with the Subscribers Account Center to insure that cancellations are legitimate. Requests to close by FAX, or email will not accepted.
Compliance with Law: Subscribers will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
Common Carrier: Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Subscriber’s website content. All material submitted by Subscriber for publication will be considered publicly accessible. Provider does not screen in advance Subscriber's material submitted to Provider for publication. Provider's publication of material submitted by Subscriber does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Availability of service: Subscribers understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider's control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Limitation/Disclaimer of Liability: Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.
DISCLAIMER OF WARRANTIES: PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY SUBSCRIBER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Indemnity. (a) Subscriber agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Subscriber) that are related to or arising out of: (a) false advertising claims against Subscriber (or customers of Subscriber), (b) liability claims for products or services sold by Subscriber(or Subscriber’s customers) any other transactions between Subscriber and third parties, or (c) any content submitted by Subscriber for publication by Provider. The preceding sentence excludes any third party claims due to the negligence of Provider in connection with providing products or services to Subscriber under this Agreement.
(b) Provider agrees to defend, indemnify and hold Subscriber harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees and costs ) incurred by Subscriber arising from or due to claims made by third parties (including customers of Subscriber) relating to (a) claims alleging Provider’s infringement of the proprietary rights of third parties; or (b) Provider’s contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement. The preceding sentence excludes any third party claims due to the negligence of Subscriber in connection with the transactions contemplated by this Agreement.
Force Majeure: Provider shall not be liable to Subscriber or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Canadian government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Liability of Subscriber: Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Subscriber or by the use of Subscriber-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Subscribers facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Subscriber shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.
Nondisclosure: Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.
Relationship of the Parties: The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.
Waiver: Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Attorneys' Fees: If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
Notices: Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.
Data Back-up: Subscriber is responsible for independent backup of data stored on Provider's servers; unless the Subscribers Web Hosting Plan or Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Subscriber.
Domain Names: Throughout the course of service rendered to Subscriber by Provider, Subscriber will remain the full owner and controlling entity for the Subscriber's established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.