(S.L.A.) Service Level Agreement
Terms and Conditions
This agreement represents the complete agreement and understanding between WereDigital Hosting Inc.. (hereinafter called "WereDigital") and the customer (hereinafter called "the customer and or you") and supersedes any other written or oral agreement. Upon notice published on-line via http://WereDigital.com/sla, WereDigital may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of your account order shall constitute your acceptance of these Terms and Conditions that follow and your agreement to abide by all the terms and conditions found in the acceptable use statement located at http://WereDigital.com/aup
1. Provision of services
- Service means - ANY act of serving the customer, being provided by WereDigital, regardless of its duration and whether it's a paid service or a service for free.
- Without limiting the scope of item above, WereDigital will provide services on its host computing systems to individual customer's in exchange for payment of fees and compliance with the terms and conditions of this document.
- WereDigital Services are defined as the use by the customer of computing, telecommunications, software, and information services provided by WereDigital. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
- WereDigital role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). WereDigital does not and can not guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission. WereDigital will submit application to the Registrar as provided. It is the registrants responsibility to provide accurate information. Any change to the original information has to made directly to the Registrar and not to WereDigital.
- For existing customers only, WereDigital may, with 30 days notice, amend the fees and/or charges for any future server usage and services.
- Be advised that upon registering a domain name with WereDigital you will be subject to the Terms and Conditions of WereDigital, or other registries as applicable.
- Be advised that all hosting clients will have their domains automatically renewed 45 day prior to expiry to insure billing and other services are uninterrupted
- Be advised that all custom work ordered for any purpose, will be preformed as received, and as soon as possible. All work is preformed as received and in the order it is received. The exception to that is an explicit contract for "On Demand Service". Work is started when received at the first possible moment.
- Be Advised that all Free Or bonus offers must be used when they are received they can not be combined or held over for another billing period. All right to future use of the offer are void once not used in any billing period. For example in the case of free domain registrations if you do not exercise your free domains on any level of service you lose that free domain it can not be saved for future billing.
- We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s). It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
- You are responsible for insuring that WereDigital Hosting Inc. has current and accurate contact and billing for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record. Regardless of the name used in any domain registration or service WereDigital Hosting Inc. must be informed of any changes. your can maintains this information within your provides in the billing portal located at https://billing.WereDigital.com
3. Use of Material
- Public domain materials (e.g., images, text, and programs) may be downloaded or uploaded using WereDigital services. customers may also re-distribute materials in the public domain. The customer assumes all risks regarding the determination of whether the material is in the public domain.
- As provided by United States/Canadian federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using WereDigital services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified
4. Use of Services
- The customer agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The customer is solely responsible for changing its password as required to assure secure access to its account.
- The customer agrees to use the Services provided by WereDigital as permitted by applicable local, provincial, state, and federal laws. The customer agrees, therefore, not to use the Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libellous, or against any WereDigital policy.
- WereDigital reserves the right to refuse Service to any new or existing customers upon any prohibited activity by the customer.
- The customer is solely responsible for any legal liability arising out of, or relating to,his/her web site or bandwidth leasing at WereDigital. The customer represents and warrants to WereDigital that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of ANY DATA to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not:
- violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute
- contain any material that is: unlawful, harmful, fraudulent, libellous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. customer agrees to indemnify and to hold WereDigital, and any third party entities related to WereDigital, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:The customer's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.
- The customer understands and agrees that hosting of the customer's web site is at the sole discretion of WereDigital. WereDigital may at its sole discretion discontinue Service to any customer operating a web site that WereDigital deems to be in violation of Section (3d.) of these Terms and Conditions.
- WereDigital accounts cannot be transferred or used by anyone other than the subscriber. customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the customer has entered into a Reseller Agreement with WereDigital.
- Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
- customer will endeavour to prevent viruses from corrupting WereDigital systems. WereDigital may run anti-virus programs to minimize damages.
- customer acknowledges that any recommendation by WereDigital employees for Services or products ancillary to WereDigital services are the recommendations of that employee and not of WereDigital. WereDigital does not warrant the integrity or quality of the service or product provided by such third parties.
- In the case of domain name registration, the customer warrants by submitting an application for domain name registration that, to the best of customer's knowledge and belief, the information submitted therein is true and correct, and that any future changes to this information will be provided to the Registrar on a timely manner.
- In the case of domain name registration, customer agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
The customer agrees to protect, defend, hold harmless and to indemnify WereDigital, its Executives, Directors, Officers, Managers, Employees, Consultants, and Agents, from any claims, including attorney's fees, resulting from the customer's use of WereDigital Services.
6. LIMITED LIABILITY
- To the maximum extent permitted by applicable law, Customer understands, agrees and acknowledges that in no event and under no legal theory, shall WereDigital be liable to customer or any third party for, including but not limited to, the loss of customers domain name; any business loss, revenue decrease, expense increase; costs of substitute products/services; or any consequential, special, incidental, punitive or indirect damages of any kind arising from, including but not limited to, the use, or inability to use, any of WereDigital services; any malfunction or incompatibility of technologies included with WereDigital services; any technologies added, removed or altered by customer or third party, including but not limited to, scripts and/or software used for or in the creation or operation of customer website. all of the foregoing is applicable regardless of whether WereDigital has been advised of the possibility of such damages. in no event shall WereDigital liability exceed the initial fee or one (1) month's fee paid by customer TO WereDigital. this limitation of liability and risks is reflected in the price of WereDigital services.
- The customer acknowledges that WereDigital makes an honest effort to keep the information available on WereDigital systems accurate. However, WereDigital can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available. Use of information obtained from or through WereDigital is at the risk of the customer.
- The customer acknowledges that the information available through the interconnecting networks may not be accurate. WereDigital has no ability or authority over the material. WereDigital can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through WereDigital Services is at the risk of the customer.
- The Customer understands, agrees and acknowledges that WereDigital makes an honest effort to provide the customer with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, WereDigital can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. WereDigital specifically disclaims all warranties of merchantability and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through WereDigital, or any other referred third party, directly or indirectly, is at the risk of the customer.
7. Methods of Payment of fees
- The customer agrees that WereDigital does not routinely operate any form of credit service and all fees are paid in advance for domain registration, bandwidth, software services, web hosting, and data Storage. Note: "software services" include all design, development and management fees.
- If a customer requires any form of credit he must establish such before placing an order for service for such contact The Administration office
- WereDigital accepts Visa, MasterCard, American Express, Diners Club, cash money order/drafts, Ineract e-Transfer and pre-approved cheque.
- The WereDigital Billing cycle for your account begins on the 1st day of your agreement (the "Agreement") and ends on the last day of that agreement. Charges for new accounts are not prorated to the month.
- Service payments will be submitted in advance of receiving Services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax or email.
- The customer acknowledges that he/she is responsible for initiating a payment in order to renew his/her account once the original service period has ended.Notice is sent a min of 30 days in advance of the renewal to the contact provided in the billing portal. These notices of renewal provide you a Link to the billing Portal to complete any payment. The address of the Billing Portal is https://billing.WereDigital.com
- Payment is due a min of 15 days in advance of your new agreement date and must be received to ensure timely renewals.
- Delinquent accounts are those that remain unpaid at the beginning of your new agreement.
- Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for 30 days automatically have their files archived. Accounts that are unpaid for 60 days after the renewal date have their files purged. WereDigital accounts continue to accrue charges while they are on hold.
- There is a service reconnection charge equal to CDN $89.95 to reactivate any Hosting account that is on hold.
- The customer acknowledges responsibility for the account until payment in made in full. In order that an account may be closed or transferred out by the user, all due invoices/payments must be received in our offices and your account be in good standing. WereDigital Inc will not provide additional service or assistance to account's that are not in good standing.
- There is a CDN $75 service charge for each check which is not honored.
- The customer will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the customer's responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. WereDigital has no obligation to warn the customer regarding the excessive bandwidth usage. All pertinent information regarding Bandwidth usage is within your control panel.
- the customer is responsible for ensuring that payment to WereDigital made by check, credit card or money order is sent to the address as it appears on the WereDigital invoice and found on our website at http://WereDigital.com/contact-us/4-contact-administration
- There will be a service fee of CDN $3.00 for all credit card transactions not honored on retained credit card information used for any monthly billing.
- There will be a service fee of CDN $49.95 for all manual intervention of domain registrations no matter the cause ranging from lost access to username and password to domain being past its expiry date. Manual intervention being WereDigital completing the renewal on the customer's request versus the alternative of the client completing the renewal from the web interface located at https://billing.WereDigital.com.
- There will be a minimum of 2 years renewal on all domains renewed while in expiry.
- All Storage limits must fit within your allotted space or you are automatically moved to the next level of hosting and billed accordingly.
- Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement.If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to WereDigital Hosting Inc. and a cancellation surcharge of CDN $189 per domain name canceled plus applicable renewal fees may be levied if you wish to recover the domain now expired.
- This Agreement will commence upon the customer's acceptance of it and continue on an annual (12) month basis.
- For customers that pay on a monthly basis ONLY - "NOT-TO-RENEW" requests for WereDigital accounts must be given via a telephone call to the WereDigital main office (Telephone number available on the contact section of WereDigital website). Such requests must be received by 5 PM Central Standard Time on the 15th day of each month, in order to be processed by the end of the same month.
In the event, the 15th of the month falls on a weekend or holiday the first business day after.
- For customers that pay on a non-monthly basis (12 months) ONLY - "NOT-TO-RENEW" requests for WereDigital accounts must be given via a telephone call to the WereDigital main office. Such requests must be received by 5 PM Central Standard Time a minimum of 30 DAYS before the account's anniversary date, in order to be processed before the anniversary date. This will prevent an automatic renewal and charge at 30 days before renewal is due).
- All WereDigital accounts must be paid in full before the transaction will be considered complete.
- WereDigital will provide a 30-day money back guarantee on new accounts The 30 days start from the earlier of the day we receive the electronic order form or the day customer signs up via fax. In any case, the set-up fee, extra bandwidth, and extra storage space charges are not refundable.
- Cancellations will NOT generate ANY refund.
- All cancellations received after the cancellation deadline above will be subject to an $85 late cancellation fee.
- You may also provide cancellation notice through the Online billing portal located at https://billing.WereDigital.com. Go to "Your Services" Tab select the service you wish to cancel and "view details" to toggle the cancellation. We will confirm your request within 24 hours.
10. Abuse of Services
- Any use of WereDigital system resources that disrupts the normal use of the system for other WereDigital customers is considered to be an abuse of system resources and is grounds for administrative intervention or legal prosecution. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, WereDigital forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
- Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by WereDigital Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with WereDigital Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to the customer.
- Unethical and criminal offenses are violations of WereDigital acceptable use policy. You are expected to report to WereDigital any information you may have concerning instances in which the conditions of use have been or are being violated. When WereDigital becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, WereDigital may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge $50CDN.
- The most common Abuse is the storage of Multi Media files. These files are merely stored on WereDigital Inc's servers and are not related to the user's website. Since they are not related to a website or its operation their are considered an abuse of your storage rights.
11. IP Addresses
- WereDigital maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
- As an IP assignment is required to configure service correctly all clients must maintain DNS records with WereDigital. Clients shall maintain their DNS records/zones on our DNS service provided. Any and all unauthorized DNS zones pointed at our servers will appear as invalid. DNS pointed to our servers without notice or authorization will appear as "Leaching" service and be automatically considered abuse of service. As abuse of service, the account in question will be automatically deleted at the sole discretion of WereDigital.
- Should there be some requirement to host DNS outside of our service, It is the client's sole responsibility to notify WereDigital. With proper notice, appropriate arrangements to maintain proper server configurations can be made. Lack of notice on the clients part will result in the deletion of the account as fore mentioned due to abuse of service. WereDigital is not required to provide notice to the account holder when abuse of service is noted. WereDigital Inc.will in no way be held as Liable for any harm, loss of data or information required to replace such a loss. As IP addresses do change it is the client's responsibility to maintain any outside DNS record. WereDigital can not be held liable for losses of service for DNS records that are not maintained by us
12. Intellectual Property
- The customer warrants that it will not copy, reproduce or republish any material, in whole or in part, located on the WereDigital website. customer will not use the trademarks or copyrights of WereDigital. customer will not misrepresent its relationship with WereDigital or attempt to pass itself off as WereDigital or in any way claim that it is WereDigital.
- The customer warrants and agrees that any 3rd party software that may be licensed and or copywritten be used in accordance with the provider's terms of service, That it be maintained fully licensed at all times and agrees to hold WereDigital harmless and at no fault for any breach of such.
13. Assignment and Agents
- The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the customer may not assign or delegate its rights and obligations under his business relationships with WereDigital, either in whole or in part, without the prior written consent of WereDigital. WereDigital may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of WereDigital assets or other corporate reorganization.
- Customer agrees that if an application for domain name registration or web hosting service completed by an agent for the customer (sometimes called Administrative Contact), the customer is nonetheless bound as a principal by all terms and conditions herein.
14. Governing Law/Severability
Any agreement, arising from the business relationships between WereDigital and the customer, will be governed by and construed in accordance with the laws of the Province of Saskatchewan (Canada), without reference to its conflicts of laws principles. customer agrees that any litigation or arbitration between the parties will take place in Saskatchewan (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect.
15. Age of Majority
WereDigital cannot accept agreements and payments from persons under the age of 18 years.Therefore, WereDigital requires that its agreements be made with a person who is qualified to contract. As such, the customer must be over the age of 18 years. Otherwise, a parent or guardian must accept this Agreement and ensure the proper payment. Your acceptance of this agreement constitutes your claiming you have reached the age of 18.
16. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and Agreement of the customer and WereDigital, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of these Terms & Conditions, initiated by the customer, will be effective only if accepted in writing and signed by WereDigital.