Terms Of Service

WebPcPhoto provides services related to web design, web programming, web hosting, PC repair, computer networking, VoIP, photography with best effort and intention. You have acknowledge and accept that we are not liable, and will not be held responsible for any damages, loss, costs or expenses arising from the use of our services.

Hosting Services

Overview

webpcphoto.com and its sub domains such as www.webpcphoto.com are operated by WebPcPhoto and its parent company Soli Tech Inc.. This Terms of Service (hereafter referred to as "TOS") is between WebPcPhoto. (hereafter referred to as WPP) and the customer namely: you (hereafter referred to as "Customer") who uses internet web hosting service and/or co-location service provided by WPP. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all international, federal, provincial, state and local laws.

Relationship Between WPP and Customer

WPP provides best-effort service to maintain a full time 24/7 Internet presence for Customer. WPP does not guarantee 100% availability at all time. Customer's rights and privileges cannot be sold or transferred to any third-party without the written consent and approval from WPP 30 days in advance. This Agreement is read carefully and thoroughly understood by Customer. If Customer sells advertising and/or services to a third-party, the Customer will be held solely responsible for the content of that advertising and/or services. Customer will be held solely responsible for the actions of that third-party. WPP is not liable for Customer's loss and/or damage. Customer agrees not to harm WPP and WPP's assets such as reputation, computer systems, computer programs, computer software, network equipments, and/or other Customers using WPP's services. WPP reserves the right to refuse services to Customer and cancel the Customer's account at any time.

Service Interruptions

WPP is not liable for any errors or service interruptions within and/or outside of WPP 's reasonable control. Customer understands interruptions may or may not occur. WPP holds harmless and is free from any damages and/or loss incurred to Customer at any time. Service may be temporarily unavailable due to scheduled maintenances, power interruptions or other causes.

Payment

The fixed fees and/or rate are applicable to any service set out by WPP. This may include one-time fees and recurring fees. Payment for any service provided by WPP is in advance. Customer is required to pay the full amount of fees for the initial term and applicable taxes. WPP accepts payment by credit card (Visa, MasterCard or American Express) and by PayPal. For recurring fees, the amount plus applicable taxes will be automatically charged to the credit card or PayPal Account on file when WPP has Customer's preauthorization. If Customer is not satisfied within the 30 day period starting the date Customer purchase hosting service, Customer will receive a refund.

If the amount which Customer pay by credit card or PayPal be charged back to WPP, Customer will incur an additional fee of CAD$25.00. If the full amount of payment is not received by the due date, WPP may restrict, suspend, or terminate the affected services. The overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual interest rate of 12.68%) or the maximum interest rate permitted by law, whichever is less. WPP shall be entitled to recover its collection costs, including but not limited to legal fee and expenses.

Code of conduct

Customer is expected to follow reasonable internet Etiquette (Netiquette), which is the accepted behaviour and expectation of the internet community. Customer will comply with the rules and/or regulations appropriate to any network WPP may provide access. Customer should not post, transmit, or permit internet access to information that the Customer desires to keep confidential. Customer is not permitted to post any material that is illegal, libellous, tortuous, indecently depicts any person or organization, or likely to result in retaliation against WPP by offended users. WPP reserves the right to refuse or terminate service to Customer at any time. Customer will indemnify and hold WPP and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorney's fee, incurred in connection with or arising any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Customer's Content, Customer's use of Services or any misconduct on Customer's part.

Content

WPP has the right to refuse service if the content provided by Customer and/or Customer's third-party is deemed unlawful, illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or inappropriate for the intended audience.

Unlawful of illegal use or inappropriate use of services provided by WPP will result in immediate termination of Customer's account and access to the material will be disabled. Examples of illegal use or inappropriate use include but are not limited to: infringe any copyright or trademark; copy of music, books, photographs, or any other copyrighted work; sale of counterfeit merchandise; posse, store, view, download, transmit, distribute, or traffic any illegal material. If you believe that your copyright or trademark is being infringed upon, please email WPP: abuse@webpcphoto.com.

All content stored on the servers of WPP must be publicly accessible via the website. Customer shall not store or transmit any confidential material, knowledge, or information onto the servers of WPP. Customer is responsible for the backup of his content. Customer account is prohibited to be used as a storage/backup device.

Examples of unacceptable material on all hosting plans include:

• Unauthorized, unlicensed, and/or illegal content
• Copyright infringement
• Pornography or links to such sites
• Large collection of MP3 files and/or DVD/CD ISO Image Files
• File storage or mirror scripts (i.e. mediafire or rapidshare)
• Commercial audio streaming
• Topsites (Warez)
• Pirated software or software serial numbers, cracks
• Unsolicited Emailings
• Newsgroup spamming
• Banner-Ad services (online-advertising or commercial banner ad rotation)
• Escrow/bank debentures
• IRC scripts
• Proxy Scripts
• Image hosting scripts (i.e. imgur, photobucket or tinypic)
• Auto surf, paid to click, pay to surf, or pay per click sites
• IP Scanners
• Brute-force scripts, applications or programs
• High-yield interest programs or similar websites
• Investment sites (i.e. Ponzi/pyramid scheme, multi-level marketing scheme, FOREX, E-Gold exchange, second life, linden exchange)
• Sites involving bank debentures/bank debenture trading programs
• Lottery sites or similar websites
• Multi-user games, persistent browser-based games, or role-playing games
• Sites involving hatred, racist, and/or harassment
• Sites involving hacking, archiving, and cracking program
• Sites promoting illegal activities
• Sale of any controlled substance without appropriate permits
• Forums and/or websites for distributing any illegal content
• Fraudulent Sites
• Any scripts, executables, processes, or program that can in any way adversely affect the performance of WPP's technology infrastructure.

Customer who provides any unacceptable material is in breach of this TOS. WPP may terminate services to the Customer without notice and without any refunds of Customer's unused pre-paid portion of funds.

Email Spam

WPP network may not be use to transmit unsolicited email, whether the nature of emailing is commercial or personal. Unsolicited email is commonly referred to as email spam or junk email. Customer shall not use or permit others to use WPP network to send email spam. WPP will not host or permit hosting of sites that sends email spam. Customer sending email spam is in breach of this TOS. Reasonable amount of time will be given to Customer to resolve this problem or complain before WPP takes actions. WPP reserves the right to block spam activities and suspend Customer's account. WPP reserves the right to terminate services without any refunds of the unused portion prepaid by Customer when Customer is in violation of "NO SPAM" policy. Customer takes full responsibilities of his email spam. Customer who sends email spam may be fined according to the local, provincial, federal, or international rules and/or regulation. For more information please visit http://www.fightspam.gc.ca/

Disruptive Usage

Customer may not use services or WPP's technology infrastructure in any manner that interferes and/or disrupts WPP's other customers. In the event of disruptive usages, WPP may exercise its right and suspends services provided to Customer. The following includes but not limited to examples of disruptive usage.

• Generating a daily, weekly, or monthly volume of network traffic that exceeds the network traffic typically generated by WPP's other customers who purchased similar hosting services.
• Generating spikes of network traffic that are out of proportion in volume and/or frequency to the network traffic typically generated by WPP's other customers who purchased similar hosting services.
• Taking more than 50% of system resources for more than 120 seconds. Some examples can be: scripts with non terminating loop, large FTP file transfers, poorly executed database plan/queries.
• Running unattended processes such as Internet Relay Chat daemon.
• Running any scripts that collects and/or index websites (i.e. web crawler)
• Running/storing any BitTorrent application, tracker, or client. Customer shall not link to other torrent websites.
• Running any file-sharing and/or peer-to-peer activities
• Running any game servers (i.e. Counter Strike)
• unning any scheduled/cron jobs less than 60 minutes intervals

There is the resource limits imposed by hosting plan. (i.e. website space, database space, memory, CPU time, bandwidth, etc)

Content Backups

WPP will not be responsible for any file and/or data residing on Customer's account. Customer takes full responsibility for the storage, archiving, and backup of his content. WPP backup service runs once a week on a random day and these backup activities are primary for WPP's own disaster recovery purposes. WPP only keeps one week of backups and makes no guarantees about the weekly backups. Customer account exceeding the resource limits imposed by the his hosting plan will not be backed up.

Uptime Guarantee

WPP hosting plans provides 99% uptime and is on monthly basis. If Customer experiences uptime less than 99%, please email WPP with justification within 30 days of the event. If justification is verified and approved by WPP, one month credit will be applied to Customer's account. All requests must be made in writing via email and is subject to approval of WPP. Third-party monitoring service reports may not be used for justification due to monitor's network capacity and/or transit availability. The uptime is reported by Windows Server which may differ from uptime reported by other individual services. For any question please email billing@webpcphoto.com

Password Protection

Customer is given a username and/or a password for the purpose of accessing features of services or sites. Customer is responsible for all activities conducted under the username and/or password and will not permit anyone to use WPP's services without authorization. Customer will take all the necessary steps to ensure that no one other than Customer uses that username and/or password and that password is always kept confidential. WPP will fully co-operate with law enforcement and/or authorities in detection and prosecution of illegal activity.

IP Addresses

Customer must return to WPP all IP addressed assigned to Customer by WPP in the event Customer discontinues services with WPP or if WPP terminates services.

Term of agreement

Web hosting plans are on a recurring basis. Customer shall pay WPP recurring fees (hereafter referred to as "Recurring Fees") as stated on each invoice. Amounts past due date may result in termination of Customer's account. Taxes, other services and third-party charges will be stated separately on the invoice. Customer pays full amount stated on invoice including fees, fees for other services, and taxes. WPP may change the prices without notice Customer.

Customer users WPP services at Customer's own risk. WPP makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. WPP shall not be liable for any loss or damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. WPP reserves the right to refuse service and terminate Customer's account at anytime. Customer takes full responsibility of his content or the content provided by Customer's third-party.

If Customer breaches any part of this TOS and WPP has to engage the service of any attorney, the Customer will pay any and all of WPP's reasonable attorney fee, court costs, and other losses.

Renewal

All hosting plan will be automatically renewed unless specified by Customer. Customer fees are due in advance and shall be paid in full amount stated in the invoice prior to the due date. The amount due may be adjusted by additional of services, upgrade of services, downgrade of services or other changes specified by WPP. If Customer does not pay service fee by the due date/ renewal date, the affected services may be restricted, suspended, or terminated and content will be inaccessible to Customer.

Suspension and Termination

If Customer breaches the TOS, WPP may restrict or suspend the services without prior notice to Customer and without any opportunity to cure the breach. If Customer is given an opportunity to cure the breach and Customer demonstrate to WPP all the necessary steps and/or precaution to prevent future breaches to the TOS, WPP may lift the restriction or suspension. WPP will give Customer notice of any restriction or suspension via email. If Customer is suspended, the accessibility to Customer's content is in WPP's sole discretion. Please note that fees will still be charged during the period of restricted or suspended services.

Customer may terminate service at any time by using web-based tool provided by WPP or in writing via email to WPP: billing@webpcphoto.com. If the termination is within the 30 day money back guarantee period, the full amount will be refund to the Customer. After the 30 day money back period, the refund is based on the unused time and determined by WPP. WPP may terminate any service by giving you at least 30 days notice of the termination date. WPP may terminate this agreement immediately and without prior notice if Customer breaches TOS.

30 Day Guarantee of Hosting Services

If at any time during the 30 day period on the date that Customer purchase hosting services from WPP for the first time and Customer is not satisfied with the received hosting service, Customer may terminate this agreement by using the web-based tool provided by WPP or in writing via email to WPP. By doing so, Customer will receive the refund for his hosting service minus fees such as one-time fee set out on the online order form that Customer completed or any additional fees associated with other services that WPP provides. Some examples of non-refundable fees are domain registration fee and SSL Certificate fee.

Warranties and Disclaimers

The internet is a complex communication system consisted of network equipments, service providers, and data warehouses. The service provided by WPP may not be available to you at all time. You acknowledge that the hosting services and/or other services may not always be available and WPP shall not be liable for any loss and/or damage resulting from any failure to provide service or from any termination of service. WPP expressly disclaims any representations, warranties, or conditions with respect to the hosting service or otherwise arising from this agreement whether express or implied, past or present, statutory or otherwise, including without limitation, any implied warranties or condition of merchantability or fitness for a particular purpose and any warranty that the hosting services will be uninterrupted or error free. Customer takes full responsibility of his content or the content provided by Customer's third-party.

Indemnification

Customer agree to indemnify and hold WPP and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorney's fee, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result or relating to Customer's Content, Customer's use of the services or any wilful misconduct on Customer's part.

Language of the Terms WPP has provided Customer with translations of the English language version of the TOS. Any other translated version of TOS is provided for Customer's convenience only. If there is any contradiction between the English language version of TOS and any translated version of TOS, English language version of TOS takes precedence over other translated TOS.

Amendment

WPP reserves the right to revise this TOS at any time without notice.