Urban Web Design Inc. hereinafter referred to as "Urban Web", will provide Services to the account holder, hereinafter referred to as "the Client," in exchange for payment of fees and compliance with the terms and conditions of this document.
- New domain(s) will be purchased within 24-36 hours upon the receipt of all pertinent information.
- All public domain registrations are registered in YOUR NAME, not ours.
- Domain registration and application fees are not refundable.
By using any Urban Web services (including, without limitation, the Internet hosting services, or services distributed or made available by Urban Web, and any services provided on any of the web sites managed or owned by Urban Web (collectively, the "Urban Web service or services")), the Client agrees to be bound by these terms and conditions, and the acceptable use guidelines for the Urban Web service, referred to collectively as the "rules."
If the Client does not agree to be bound by the rules, the Client may discontinue using Urban Web services as their sole and exclusive remedy.
Service payments will be submitted in accordance with the billing procedures outlined in this document and according to the rates published in the online documentation.
Urban Web makes no warranties of any kind, either expressed or implied, for the service it is providing. Urban Web will not be held responsible for any damages the Client suffers or inflicts upon another party. This includes loss resulting from service interruptions, delays, non-deliveries or mis-deliveries caused by Urban Web's negligence or the client's own actions and/or errors.
Urban Web may employ, at its sole discretion, subcontractors, agents or affiliates to perform some or all functions for the Client. Urban Web takes no responsibility whatsoever for the performance of subcontractors, agents or affiliates.
Spam & Net Abuse
- Urban Web will not tolerate ANY Spam or other 'Net Abuse' sent from any website/domain hosted here. Your domain will be subject to immediate termination.
- If you are unsure about the definition of Spam (not the meat which is essentially a useless food... as is Net Spam), please call us at:
(250) 380-1296 or Toll Free at 1-877-889-2573.
Contract & Billing
By using the Urban Web Services, the Client agrees to accept any fees the Client may incur as a result of using the Services, including but not limited to, fees for supplemental services, bandwidth, disk storage, or features and/or Services. By providing billing information, the Client agrees they are liable for payment of such fees. Urban Web reserves the right to change its fees or billing methods at any time and Urban Web will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope. If the Client does not like these changes, they may stop using the Services at any time, however, the Client will not be entitled to receive a refund for the charges the Client has already incurred and the Client is responsible for timely payment of such amounts (including any applicable late fees).
All Urban Web accounts are on a contract basis of 3 months, 6 months or 1 year. At the end of the 3 months, 6 months or 1 year period Urban Web will send the Client an invoice for renewal of service for the next 3 months, 6 months or 1 year period, the contract is automattically renewed unless Urban Web has recieved communications in written (email, letter) format within 14 days of the termination date of the contract. It is the clients responsibility to inform Urban Web of there intention to canclel services using the above criteria. Client is liable for the entire fee for the fulfillment of the remainder of the 3 months, 6 months or 1 year service contract regardless of whether the account is terminated at any time before the end of the 3 months, 6 months or 1 year contract. Any change to a 3rd party dns is subject to a fee of $9.95 if requested by client.
In the event the Client has prepaid for an extended period of time and Urban Web either terminates the Client's Service, or makes a material change to the Service that adversely impacts the Client and the Client elects to terminate their Urban Web Service, the Client's sole and exclusive remedy will be a credit for any amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the average monthly cost over the service period. If the Client pays for services on a monthly basis, the Client will not be entitled to a refund. If The Client elects to terminate the Service before then end of a prepaid period, the Client shall not be entitled to a refund.
The Client certifies they have read, are aware of, and understands the rates and fees for usage as outlined in this document and online documentation which is published from time to time. A summary of rates for hosting, bandwidth (transfer) and disk storage may be found at http://www.urbanweb.net/hosting.html, as well as elsewhere on the Urban Web websites, including but not limited to http://www.web-hosting.ca, http://www.domain-hosting.ca.
Urban Web reserves the right to charge a returned check fee of US$25 for checks returned for any reason.
The Client may terminate the Services at any time by sending an e-mail message to the accounting department ([email protected]) or in writing to the Urban Web offices.
Urban Web uses electronic e-mail invoices to invoice the Client unless otherwise notified by the Client. The Client agrees to submit payment for all invoices upon receipt. Accounts 14 days past due are subject to suspension. Accounts 30 days past due are subject to termination and deletion. Accounts past due 60 days may be turned over to an independent collection agency for collection. Suspended (disconnected) accounts may be reinstated upon receipt by Urban Web of a $40.00 fee. Accounts more than 30 days overdue may be required to pay six (6) months fees in advance at the sole discretion of Urban Web.
No Urban Web account may be used in the the willful transmission, reception, or storage of illegal materials. This includes, but is not limited to, materials that are protected by copyright or trade secret laws, child pornography, or other topics which Urban Web deems, at its sole and exclusive discretion to be offensive or undesirable. This specifically includes plagiarized content, the sale or distribution of warez, cracks and like products and or similar materials.
Urban Web reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which Urban Web believes in its sole discretion to be illegal or potentially harmful to others, or may expose Urban Web to harm or liability of any kind.
Urban Web reserves the right to restrict or prohibit or remove any software running on the server. In all cases Urban Web has the final say on what software does and does not reside or function or run on the server.
The Client is responsible for maintaining backup copies of their files to ensure recovery in the event of loss or damage to client's files.
Refusal of Service
Urban Web reserves the right to refuse service to any individual or organization for any reason not prohibited by law. Urban Web may suspend or terminate the use of Services to any Client for any reason at any time, including if it determines noncompliance with any of the Rules. Urban Web reserves the right to take or terminate the use of any web site, user account, or email address at any time.
Scope of Agreement
This agreement represents the complete agreement and understanding between Urban Web and the Client with respect to the subject matter herein, and supersedes any and all previous representations, understandings or agreements, whether written, oral, or otherwise, with the sole exception being any agreements made to pricing terms, and shall prevail not withstanding any variance with terms and conditions of any order submitted.
Urban Web will assist The Client transferring domains but makes no guarantees or warranties of any kind, either expressed or implied, for the ability to transfer any domain. The Client accepts sole responsibility for transfer of their domain.
Urban Web will not be held responsible for any damages the Client suffers whatsoever as a result of Urban Web negligence or client's own actions and/or errors transferring domains.
Use of Service
Urban Web's failure to insist upon or enforce strict performance of any Rules shall not be construed as a waiver of any term or condition or right.
In all cases Urban Web has the final say on what does and does not constitute an "Acceptable Use".
Urban Web operates it services subject to and in accordance with all applicable local, state, and federal laws. The Client agrees to indemnify and hold Urban Web, and all agents, subcontractors and affiliates from any civil claims or criminal charges resulting from service that causes direct or indirect damage to another party or violates any law. Client also agrees to indemnify and hold Urban Web harmless from any and all lawsuits, judgments, decrees, costs and expenses, and attorney fees arising from the Client's use of the Services.
The Client agrees to defend, indemnify and hold blameless Urban Web and its sponsors, partners or other co-branders and/or affiliates harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) (collectively, "claims") arising out of or relating to the Client's breach of any of these Rules or use (by the Client or any third party) of Urban Web Services through the Urban Web account assigned to the Client, including negligence by Urban Web. The foregoing indemnification obligation shall survive any termination of Urban Web Services provided to the Client.