Main-City.Net Websolutions Inc

Terms of Service

This policy represents the Main-City.Net Websolutions Inc. Terms of Service ("TOS") in its entirety and supercedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Main-City.Net Websolutions Inc.. Main-City.Net Websolutions Inc. reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.

Customers may view the most current version of this policy at http://www.main-city.net/

Customers using any services offered by Main-City.Net Websolutions Inc. consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Main-City.Net Websolutions Inc. any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions
In consideration for Main-City.Net Websolutions Inc. maintaining one or more accounts (each "Account"), you agree to the following terms of service.

Definitions

    * "We" "Us" or "Provider" or "Main-City.Net Websolutions." Main-City.Net Websolutions Inc.
    * Main-City.Net Websolutions is a registered tradename of Main-City.Net Websolutions Inc. - A British Columbia Corporation
    * "You" "Your" "Client" "Customer" or "Member."
      Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, Main-City.Net Websolutions offers a 99.9% uptime guarantee. This is valid for only the connection. Main-City.Net Websolutions will pursue all resources and channels available to maintain maximum uptime, however, Main-City.Net Websolutions is not responsible for any down time caused by client's error.

Main-City.Net Websolutions MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Main-City.Net Websolutions nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Main-City.Net Websolutions, even if Main-City.Net Websolutions has been advised to the possibility of such damages.

Services provided by Main-City.Net Websolutions
Main-City.Net Websolutions will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Main-City.Net Websolutions members to maintain Internet websites, and access web space via an onsite content management system to upload files for their websites. Main-City.Net Websolutions members will use the provided services in a manner consistent with any and all applicable laws of the Province of British Columbia and the Canadian Federal Law. Main-City.Net Websolutions provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Main-City.Net Websolutions can terminate client's account without notification.

   1. Client Content: Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of Main-City.Net Websolutions or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Main-City.Net Websolutions or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Main-City.Net Websolutions will be the sole and final arbiter as to what constitutes a violation of this policy. Main-City.Net Websolutions does not normally monitor the contents of clients servers, however if suspicion occurs, Main-City.Net Websolutions reserves the right to investigate and terminate the clients subscription to the service.

   2. Bandwidth Usage: Main-City.Net Websolutions offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended. There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account will be suspended until you upgrade or pay additional service fee of $3.50 per GB, warning e-mail's are sent out before your account reaches the maximum.

   3. Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: scripts, components, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Main-City.Net Websolutions will be the sole and final arbiter as to what constitutes a violation of this policy.

   4. No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a Main-City.Net Websolutions server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Main-City.Net Websolutions network but is sent from an e-mail address not associated with that Main-City.Net Websolutions account. Client shall not use their Main-City.Net Websolutions services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Main-City.Net Websolutions reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.

   5. False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and regulations. If any news groups or service provider contact Main-City.Net Websolutions concerning unethical, false or unlawful activities by you, Main-City.Net Websolutions reserve the right to terminate your service without notice.

   6. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

   7. Back-Up Files: It is the responsibility of the customer to keep up-to-date archives of their backed up data. Main-City.Net Websolutions currently does not utilize any back-up services and is not responsible for any lost data.

Payment, Renewal, Cancellations

   1. Payment Obligations: Full payment is required in advance before hosting service is established. Main-City.Net Websolutions sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. We do not automatically charge your credit card. You warrant and represent that the information you supply in the Order Form (or other information that Main-City.Net Websolutions may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the yearly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks.

   2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Main-City.Net Websolutions thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

   3. Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, Main-City.Net Websolutions will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer serivce and verify information before cancellation takes place. Accounts which have negative balances will be collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations.

99.9% Service Level Agreement "SLA"
Main-City.Net Websolutions offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Main-City.Net Websolutions will try to maintain maximum uptime. Main-City.Net Websolutions is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee
Main-City.Net Websolutions offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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