Terms of Use

Urban Web Terms of use policy.

These terms of service (the “Terms of Service”) apply to customers of  Urban Web Inc. In what follows, “we” or “us” refers to Urban Web Inc, “you” refers to the individual(s) or organization(s) purchasing  or using Urban Web Inc services, and “services” refers to all services,  products and accompanying services provided by Urban Web Inc. In  addition, “your users” refers to any third parties to whom you grant  access to services running within or associated with your Urban Web Inc account. Urban Web Inc is registered in British Columbia and Ontario Canada. Our  registered office and address for correspondence or any notices is  Urban Web #102 – 19 Dallas road, Victoria, British Columbia, Canada Postal Code V8V5A6. You can contact us and provide notices to us by email  at info@urbanweb.net. You can contact us by telephone on 1 877 889 2573 or 250 380 1296. You must be at least 18 years old to purchase or use our services and  in addition to this we reserve the right to refuse service to any  person or organization at our sole discretion.

Our Services and Responsibilities

We deploy, operate and maintain computing infrastructure. Our services  include the provision of capacity on this infrastructure to you. You  will rent capacity on our infrastructure, which you will access  exclusively over the internet, and will use this capacity to store  data and/or to run virtual servers. We also offer accompanying  services, for example domain name registration and DNS hosting. We have taken reasonable care in compiling the content of our website,  but make no warranty as to the accuracy of any descriptions of our  services on our website (with the exception of the Terms of Service),  and we do not accept any liability resulting from any reliance you or  any third party may place on such descriptions. In particular,  performance descriptions are indicative and not guaranteed. Our prices  cannot be guaranteed for any period of time, although in the event  that we wish to increase our prices, you will have the rights set out  under the Suspension and Termination section below. We do not support any operating systems and/or other software which  you run on your virtual servers. We do not make any representations,  warranties or guarantees regarding data retention, data integrity,  service security or service suitability for any purpose. You must not  use our services in any safety critical systems. You rent capacity on our infrastructure either:

  •     by subscription, paid in advance, covering a certain amount of capacity over a given time period; or
  •     by usage, which is deducted from a prepaid balance, and may be charged at a different rate from subscriptions; or
  •     by payment in arrears, according to the payment terms specified in our invoices or otherwise.

You may not always be able to increase the amount of capacity that you  use on our infrastructure, even when payment for this would be covered  by your existing subscriptions or prepaid balance, since our  infrastructure may be fully or nearly fully-utilized by other customers. The accompanying services which we offer may be subject to additional  terms and conditions from us or third parties, such as domain name  registrars, who are involved in their provision. We will notify you of  these conditions, which you must also accept should you wish to use  these accompanying services.

Service Level Agreement (SLA)

We guarantee that your stored data and running virtual servers will be  available over the internet for 100% of the time in any given calendar  month, except for periods of unavailability due to:

  •     Your payments not covering your use, including but not limited to when your subscriptions or prepaid balance run out.
  •     Acts or omissions of you or your users.
  •     Software running within your virtual servers.
  •     Scheduled maintenance which we have announced at least 24 hours in advance.
  •     Factors outside our control, including but not limited to any force majeure events; failures, acts or omissions of our upstream providers or failures of the internet.
  •     Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses.
  •     Violations of our Acceptable Use Policy.
  •     Law enforcement activity.

If we fail to meet the guarantee detailed above, then you will be able to  request a credit as detailed below, up to a maximum of 100% of your fee for capacity used during the previous 30 calendar days:

  •     Credit of 100 times the fees for any period of unavailability lasting more than 15 minutes, measured from the time at which you validly inform    us at support@elastichosts.com of the unavailability or the time at which our monitoring systems detect the unavailability, whichever is earlier.
  •     Credit of your entire fee for the previous 30 calendar days in case of permanent loss of your stored data.

In the event that we fail to meet the guarantee on more than one occasion within a period of 30 calendar days, then the credit that you may claim for any incident will be limited to the maximum of 100% of your fee for capacity used since the previous incident or 100% of your fee for capacity used during the previous 30 calendar days, whichever fee is lower. To receive a credit, you must contact us at info@urbanweb.net  within 30 calendar days of the incident, specifying the start time, date  and duration of the period of unavailability which forms the basis of your  claim and the amount of credit claimed. We will be the sole arbiter  regarding the award of credit and our decision will be final and binding.  The award of credit by us to you as described in this Service Level  Agreement will be the sole and exclusive remedy for unavailability of  stored data or virtual servers or loss of stored data. Credits will only  be provided against future service and for the avoidance of doubt may not  be exchanged for cash or other forms of payment.

Privacy Policy

We are committed to respecting and protecting the privacy of our  customers. As our customer, you will provide us with contact and payment  information. Contact information includes your name, email address,  postal address and telephone number. Payment information includes your  credit card number or other payment details. Your information will  only be used to support your customer relationship with Urban Web,  and will never be passed to any third party unless this is necessary  to provide services to you or where we are legally required to do so. You also store and transmit data using our services. Unless you give  us explicit permission, we will never inspect your stored data and  will only measure the volume of your transmitted data for billing  purposes or inspect your transmitted data to investigate suspected  violations of our Acceptable Use Policy. We will never disclose your  data to any third party unless we are required to do so by court or  administrative order.

Liability

Our liability under these Terms of Service will not exceed your bill  for virtual server use in the calendar month in which the incident  occurred, and you will make no claim against us unless you notify us  of the details of the claim within one month of the incident  occurring and one month prior to making the claim. We will not be liable for any losses or liabilities that you may incur  as a result of any force majeure event or law enforcement activity. A  force majeure event in the Terms of Service is an event that is  outside our control and will include but not be limited to fire,  flood, earthquake, storm, hurricane or other natural disasters, war,  invasion, act of foreign enemies, hostilities (whether war is declared  or not), civil war, rebellion, revolution, insurrection, military or  usurped power or confiscation, terrorist activities, nationalisation,  government sanction, blockage, embargo, labour dispute, strike,  lockout or interruption or failure of electricity or other utilities. With the exception of losses with regard to fraud on our part and  personal injury, we will not be liable for any consequential losses  which you or your users may suffer as a result of our breach of these  Terms of Service, such losses including but not limited to economic  loss, loss of goodwill or reputation, and loss of or damage to data.

Your Responsibilities

If you are a consumer then nothing in this agreement excludes any  rights which you may have under English consumer protection law. You are responsible in all respects for your use and your users’ use  of our services. Without limitation, this includes:

  •     All data stored in your account or transmitted by your virtual servers.
  •     Any operating systems and/or other software on your virtual servers.
  •     Web sites, email messages and other data transmitted by your virtual servers.

With regard to data protection laws, you are the data controller for all data stored in your account or transmitted by your virtual servers. You are responsible for maintaining any required backup copies of data stored in your account. We do not make or maintain backup copies on your behalf. You must receive and read all email sent to “postmaster” and “abuse” in every mail domain which you host on our infrastructure. We recommend that you also receive and read all email sent to “hostmaster” and “webmaster”. You will not disclose your password or security key to third parties for any purpose. If your account or virtual servers are compromised by  third parties, then you will notify us immediately at  info@urbanweb.net and you will change any passwords and  reinstall any software which may have been compromised. In absence of  such notification or manifest error, we will accept your security key  as authority to make any changes to your account. You will indemnify us and keep us indemnified from and against all  claims, costs (including legal costs), damages, expenses, losses and  liabilities incurred by us or due to third party claims against us as a  result of, or in connection with your breach of any third party  rights, including but not limited to any infringement of third party  intellectual property rights.

Compliance with Law

You undertake that your use and your users’ use of our services does  not and will not violate any applicable laws and that you will not  permit any such violations by others. We are not responsible for any use which you or your users make of our  services, nor any charges that you or your users may incur with a  third party. You will indemnify us against any liability for any  action that you undertake that does or may breach any applicable laws  and any costs (including our legal fees and a commercially reasonable  additional charge for our time), claims, damages, expenses, losses and  liabilities resulting from such breach.

Acceptable Use Policy (AUP)

We do not permit the use of our services for actions or activities  which, at our sole discretion, may be illegal, offensive, abusive or  contrary to accepted internet norms or threaten our infrastructure. We  will take any actions necessary to enforce these prohibitions,  including those listed under the Suspension and Termination section  below. The uses which are not permitted include but are not limited to the following: We prohibit all uses of our services which appear to us at our sole  discretion to be illegal under any applicable laws. This includes but  is not limited to:

  •     Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network.
  •     Involvement in fraudulent activities.
  •     Misuse of our or other computer systems.

We prohibit uses of our services which appear to us at our sole  discretion to be offensive. This includes but is not limited to  storing or transmitting any content or links to any content which we  believe to be:

  •     Pornographic.
  •     Excessively violent, inciting violence or threatening violence.
  •     Harassing or inciting hate of any person or group of persons.
  •     Defamatory.
  •     Violating the privacy of any person or group of persons.
  •     Promoting or soliciting illegal activities under any applicable laws.
  •     Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so.
  •     Unfair or deceptive under consumer protection laws.
  •     Creating a risk to safety, health or national security.

We prohibit all uses of our services which appear to us at our sole  discretion to be abusive or contrary to accepted internet norms.  This includes but is not limited to:

  •     Sending of unsolicited bulk/commercial email (spam).
  •     Excessive posting on web forums, news groups, chat services or IRC.
  •     Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abuse if they were carried out via Urban Web.
  •     Distribution of viruses, adware or other malware.
  •     Fraudulent collection of personal or financial data (phishing).
  •     Unauthorized access to or misuse of data, computer systems or networks.
  •     Unauthorized probing, scanning or testing the vulnerability of computer systems or networks.
  •     Interference with service to other users of computer systems or networks, including denial of service attacks.
  •     Unauthorized interception or monitoring of network traffic.
  •     Transmitting fake or misleading network traffic, including forged IP packets or email headers.
  •     Any conduct likely to result in retaliation against us, including engaging in behaviour that results in a denial of service attack.

We prohibit all uses of our services which appear to us at our sole discretion to threaten our infrastructure. This includes but is not  limited to:

  •     Usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use.
  •     Virtual server configurations with inadequate security, allowing unauthorized third party access.
  •     Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.

You will ensure that all use of our services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind  your users to an acceptable use policy containing all of the  restrictions above.

Alteration of Terms of Service

The current version of the Terms of Service will be the version available on our website at http://www.urbanweb.net/. However, we  reserve the right to alter the Terms of Service at any time. In the event that we alter the Terms of Service, you will have the rights set out under the Suspension and Termination section below. Any request for transfer will be accepted by any account in good standing, please supply us with 7 business days notice of transfer. Fees may be incurred for help facilitating the transfer of files. All outstanding fees must be paid before a transfer will be initiated by the staff. Migration fees to our server or from our server to a third party will be priced between 250 – 400 depending  on the complexity of the site. Please consult with a staff member for costs.

Suspension and Termination

You may terminate your account with us in the following situations:

  •     In the event that we wish to alter the Terms of Service or increase our prices, we will notify you by email 30 calendar days before any alteration takes effect. Upon receipt of such notice, you will have the option either to terminate your account and receive a refund for the unused portion of your payments or to continue    subject to the altered Terms of Service or increased prices. If you do not notify of us of your wish to terminate your account within 30 calendar days of receipt of such notice, then you will be deemed to have accepted the altered Terms of Service or increased prices.
  •     At any time, provided that you give us at least five Business Days notice (Business Days in the Terms of Service shall mean a day other than a Saturday or a Sunday on which banks are open for business in  Vancouver). We will not provide a refund for any unused payments unless  you are a consumer as set out in The Consumer Protection (Distance Selling) Regulations 2000 and you notify us in writing at our correspondence address that you wish to cancel your agreement within the statutory seven working day cancellation period.
  • Content deemed abandoned by a client that leaves an account unpaid without contact may be sold for fees and expenses left behind by client.

We may at our sole discretion, immediately and without notice, terminate or suspend for a period of time all or part of our services to you, including deleting your stored data, in the following  situations:

  •     In the event that you or your users violate our Acceptable Use Policy, any other provision of the Terms of Service or any applicable laws. In the event of termination or suspension in this situation, you will not be entitled to any refund. In addition, we will have the right to recover from you any costs resulting from the violation, including our time which we and you agree will be charged at a rate of  $1,000 per day and which we and you agree is a genuine pre-estimate and commercially reasonable; any legal fees that we incur; and a commercially reasonable additional charge for the violation itself.
  •     In the event that your payments do not cover your use, including but not limited to when your subscriptions or prepaid balance run out.

We may at our sole discretion, terminate or suspend for a period of  time all or part of our services to you, including deleting your  stored data, where we have provided you with at least 30 calendar days  notice. In the event of such termination or suspension, we will refund  the unused portion of your payment.

Notice

You will ensure that your email address, postal address and other contact details specified in your online account settings are kept up  to date at all times, particularly as we will send critical  correspondence to you at your email address. Where necessary you will  act on any correspondence sent to you within three Business Days of  when it is sent. In the absence of evidence of earlier receipt, a notice or other communication is deemed given: if sent by email at one hour after the email has been sent; if delivered by hand, at the time of delivery; if  sent by post (other than air mail), at midday on the second Business Day after posting it.

Governing Law and Jurisdiction

These Terms of Service and all other legal relationships between you  and us will be governed by and construed in accordance with Canadian law. The courts of Edmonton Alberta are to have exclusive jurisdiction to  settle any dispute arising out of or in connection with these Terms of  Service and any proceedings will be brought in the Alberta courts. We and you irrevocably submit and agree to submit to the jurisdiction of  the Edmonton, Alberta, Canada courts. We and you irrevocably waive any objection which  we or you may at any time have to the Canadian courts being so nominated and agree not to claim that the Canadian courts are not a  convenient or appropriate forum. The illegality, invalidity or unenforceability of a provision of the  Terms of Service under the law of any jurisdiction does not affect:  the legality, validity or enforceability of any other provision of the  Terms of Service in that jurisdiction; or the legality, validity or  enforceability of that or any other provision of the Terms of Service  under the law of any other jurisdiction.

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