1) SERVICE. Think Profits will sell and Client will purchase certain Services. Think Profits Services are defined as the use by the Client of computing, telecommunications, software, and information services provided by Think Profits. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
Web Hosting Service means - Any act of serving the Client, being provided by Think Profits, regardless of its duration and whether it's a paid service or a service for free. The Services are provided "as is" and "as available" without warranties or conditions of any kind. Without limiting the scope of item 1.a. above, Think Profits will provide services on its host computing systems to individual Clients in exchange for payment of fees and compliance with the terms and conditions of this document. Connectivity Service means connection of the client to the Internet via a telecommunications facility.
2) DOMAIN NAME REGISTRATIONS. Think Profits's
role in the registration of a domain name is limited to the submission
of the registration request to the appropriate registrar (the "Registrar").
Think Profits does not and cannot guarantee that a particular application
for a domain name will be accepted or approved. Please note each
individual domain name constitutes a single submission.
Think Profits will submit application to the Registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information has to be made directly to the Registrar and not to Think Profits. Be advised that upon registering a domain name with Network Solutions, Inc. you will be subject to the Terms and Conditions of these registrars, or other registries as applicable.
3) TERM. The term of use is month to month, unless otherwise agreed upon. The Client's Web Hosting services will be automatically renewed on the final day of the Term unless terminated in accordance with Section 5.
4) TRAFFIC RESTRICTIONS. For nearly all of our business clients, there will be no practical limit on the amount of traffic through either your DSL connection or to and from your website. (Among our thousands of business clients, over 99% currently use less than 2GB of traffic per month.) For the 1% of our clients who have heavy traffic requirements, you will be charged for excess traffic above 10GB per month.
For DSL connectivity clients in BC and Alberta only, the traffic limits are as follows:
For 1.5M DSL connections, the limit is 2GB per month
For 2.5M DSL connections, the limit is 5GB per month
For DSL connections over 3.0M, the limit is 10GB per month
For DSL connectivity clients in Ontario and Quebec only, the traffic limits are as follows:
For 1.5M DSL connections, the limit is 5GB per month
For 3.0M PPPOE DSL connections, the limit is 10GB per month
For 3.0M Dedicated DSL connections, the limit is 15GB per month
Clients who exceed their allotted traffic limit, will be charged $15.00* per GB of excess traffic, or the rate agreed to in their Think Profits Services Agreement.
*For all clients who may have signed onto an unlimited usage policy, the preceding rates apply effective October 1, 2001.
Rates and Terms are subject to change.
5) TERMINATION. For Cause. Either party may terminate
the Client's Services for cause without penalty in the event that
the other party breaches any material term of this Policy, including
but not limited to Section 6 of this Policy. Prior to such termination,
the party intending to terminate shall first give the other party
written notice of its intent to terminate, which shall clearly describe
the problem(s) constituting cause. Client shall cooperate with Think
Think Profits at Client's request.
For Convenience (Month-to-Month Hosting Contract clients). Client may terminate their Services at any time for convenience after giving Think Profits written notice 30 days before the following payment period. In the event of such termination, Client forfeits all prepaid fees.
For Convenience (12 Month Contract clients). Client may terminate Services at any time for convenience by giving Think Profits at least 60 days written notice. In the event of such termination, Client will pay Think Profits the lesser of 75% of the applicable monthly minimum amounts for each remaining month of the Minimum Service Period or 3 times the monthly service fee, in addition to paying all amounts due and owing as of such termination. If Think Profits has purchased equipment on behalf of the Client, including but not limited to ADSL modems and routers, Client shall either assume responsibility for payments for such equipment, until paid in full or return equipment, without credit, to Think Profits.
6) ABUSE OF SERVICES. Any use of Think Profits
system resources that disrupts the normal use of the system for
other Think Profits clients is considered to be an abuse of system
resources and is grounds for administrative intervention. 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.
Illegal, criminal or malicious activities.
Transmission of any material in violation of any International, National, or Local jurisdictional law or regulation, to include, by not limited by, copyrighted material, threatening or obscene material, or material protected by trade secret.
Any other activity or activities that Think Profits in its sole discretion determines is unethical or damaging to our other clients, users of the Internet, Think Profits's Network or to our corporate reputation.
Think Profits does not host websites containing adult content.
Propagation, support for, creation of or deliberate attacks by any Virus or Worm
Giving false information to obtain access to the Company's system and/or purchase any service. Any other activity or activities that Think Profits in its sole discretion determines is unethical or damaging to other clients, users of the Internet, Think Profits's Network or to our corporate reputation.
Without limiting the scope of the above, Think Profits forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy, the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.
Defined as those many and varied activities that would commonly be termed abusive by computer professionals. These would include, but are not limited to:
Modification of, or tampering with, files not owned by the user.
Attempts to examine files that contain sensitive information not
normally to be viewed by system users.
Attempts to use system resources not normally available to users.
Attempts to reduce the systems security, or to hamper the normal functioning of the system. (Note: The modification of sensitive files is considered acceptable when occurring under the normal function of common user programs designed to modify or examine those files, such as the password program.)
Attempts to violate or affect the rights of others.
Attempts to make publications that are threatening or defamatory or otherwise injurious to the business or reputation of others.
Attempts to violate the law.
Attempts to misuse the proprietary information, intellectual property or property of others for their for their own purposes.
Email SMTP Acceptable Use
Using any facet of the Think Profits network for unsolicited emails (SPAM) is prohibited
Maintaining an open SMTP relay is prohibited
No more than 100 individual email transmissions per day may be sent from any one POP account and/or Think Profits IP address using a shared Think Profits SMTP server.
Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by Think Profits Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Think Profits 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. Clients 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 Client.
Unethical and criminal offenses are violations of Think Profits conditions of use. You are expected to report to Think Profits any information you may have concerning instances in which the conditions of use have been or are being violated. When Think Profits becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Think Profits 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.
7) BILLING. Client is responsible for all applicable charges for services rendered, as set forth in the Client service agreement at time of order submission, plus all applicable taxes. Web Hosting is a pre-paid service. Invoicing for Web Hosting Services is delivered after the charge has already been applied to the credit card provided. If Client is paying by cheque or money order, Client will be invoiced in advance of payment due. Client is required to pay in a minimum of three-month increments when paying by cheque or money order. Invoices may be delivered by email, fax or mail. Service interruption does not relieve Client from the obligation to pay the monthly charge. Additional fees may apply for NSF payments, reactivations, terminations, and changes of service. Accounts are in default if payment is not received within 30 days after day of invoice. If Client defaults, Client agrees to pay Think Profits its reasonable expenses including solicitor and collection agency fees, incurred in enforcing its rights under this Agreement. Accounts in default are subject to an interest charge of 1.5% per month (19.56%. per annum).
8) USE OF NETWORK. Think Profits Services are for the exclusive use of the Client as contemplated by this TUP and is restricted by the TUP. Think Profits reserves the right to amend the TUP from time to time. Client acknowledges that it has read the TUP in effect at the date hereof.
9) IP ADDRESSES. Think Profits maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
10) Client RESPONSIBILITY. It is Think Profits's responsibility to install and maintain all Think Profits's hardware, software and Network Infrastructure. Client will have sole responsibility for ensuring that any additional software and services are compatible with Think Profits's requirements and that they continue to be compatible with any modifications to any of the Services by Think Profits from time to time. Think Profits, at its sole discretion may deny any additional software application installations.
11) AGE OF MAJORITY. Think Profits cannot accept agreements and payments from persons under the age of 18 years. Therefore, Think Profits requires that its agreements be made with a person who is qualified to contract. As such, the Client must be over the age of 18 years. Otherwise, a parent or guardian must accept the TUP and ensure the proper payment.
12) MODIFICATIONS. Think Profits may, from time to time, modify the charges (including late payment charges) or any other term or condition of the Web Hosting services provided that it gives the Client at least 30 days advance written notice. Client shall have the option to continue their Web Hosting services at the new charge or terminate their Web Hosting services upon giving written notice to Think Profits prior to the expiration of the 30 day period referred to above.
13) MISCELLANEOUS. This TUP shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada as applicable therein. Think Profits may assign its rights and obligations under this TUP without your prior written consent. The Client may not assign their Web Hosting services without the prior written consent of Think Profits, such consent not to be unreasonably withheld. This TUP remains binding upon the parties and their respective heirs, executors, trustees, successors, and assigns.
14) DATA, PROTECTION. Client acknowledges having read Think Profits's Privacy & Security statement in effect at the date hereof, available at www.thinkprofits.com.
15) LIMITATION OF LIABILITY. In no event will Think Profits be liable for: incidental, indirect, special or consequential damages or, any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this TUP or the use or performance of Think Profits Services, whether in action or of contract or tort including but not limited to negligence. Think Profits's liability for damage to property shall be limited to physical damage directly caused by the sole negligence of Think Profits and in not event shall exceed the charges associated with the provision of the Services. No action may be brought under this TUP more than two (2) years after its termination, or in the event of default by one of the parties, more than two (2) years after such default has come to the notice of the other party.
16) INDEMNIFICATION. The Client hereby covenants and agrees to indemnify, defend and save harmless Think Profits and its Partners, employees, legal representatives, successors and assigns, and each of them, from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, judgments, losses, damages, costs, charges, lawyers' fees, and other expenses of every nature and character by reason of the Partner's business and/or actions in respect of this TUP. The Partner further covenants and agrees that the provisions contained in this Section 16 shall survive the termination or earlier expiration of the Client's Web Hosting services and shall be liberally construed in favour of Think Profits.
17) FORCE MAJEURE. Think Profits shall not be liable for any loss, damage, delay or failure to perform whole or in part resulting from causes beyond Think Profits's control, including, but not limited to, war, acts of terrorism, fires, earthquakes, strikes, delays in transportation, or requirements of any government agency.