Terms of Service and Acceptable Usage Policy

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 website 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 website 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’ website.

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 billing@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 website. 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.