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| 47 Spencer Ave, Suite #111, Toronto ON, CA 416.531.1496 |
| Your site will burn with High Heat Design! |
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High Heat Design Terms Of Service:
By using High Heat Design web hosting services, you agree to comply with our Terms Of Service. You are expected to have access to a computer, which is connected to the Internet to use our services, and we expect you to possess a basic knowledge of the Internet and computer function. The spirit of this policy is to guide you to use our services with due regard to the rights of other Internet users and in conformity with our network environment.
Illegal Usage
High Heat Design servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to High Heat Design service agrees to indemnify and hold harmless High Heat Design from any claims resulting from the use of the service that damages the subscriber or any other party.
High Heat Design will be the sole arbiter as to what constitutes a violation of this provision.
Server Abuse
Any attempts to undermine or cause harm to a High Heat Design server or customer of High Heat Design is strictly prohibited. Any sub-networks of High Heat Design and dedicated servers must adhere to the above policies. Failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.
Domain Availability
High Heat Design is not responsible for actual or consequential damages as a result of the unavailability of the domain name you are attempting to register or any delay that may be experienced in the registration of your domain name.
Adult Content
High Heat Design does not allow adult oriented sites including pornography, sex-related merchandising, and hate sites. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Backup
Clients are responsible for frequently backing up their files on our system. High Heat Design cannot be held responsible for the deletion of users' files, whether intentional or unintentional. Nightly backup of all user files are maintained but no guarantee is made about the ability to retrieve such files.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. High Heat Design shall be the sole arbiter of what is considered to be a high server usage level.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a High Heat Design server or using an email address that is maintained on a High Heat Design machine is STRICTLY prohibited. High Heat Design will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a High Heat Design server as a maildrop for responses, you are in violation. Violators will face an immediate suspension.
Billing Cycle
We process billing every 1st of every month.
Traffic Overage Charges
You will receive a notice by email detailing your bandwidth usage when exceeded. Traffic overages will be charged at a rate of $3.99/1GB/month. Billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $2.99/1GB/month.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any High Heat Design client in good financial standing with High Heat Design at the time of a service outage.
(2.) Service Level
High Heat Design endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.
(3.) Credits
In the event that your web site is not available for more than 99.9%, High Heat Design will credit the following month's service fee.
In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@highheatdesign.com For security, the body of this message must contain your username, the dates and times of the unavailability of your website, and such other customer identification requested by High Heat Design. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from
(1.) your behavior or the performance or failure of your equipment, facilities or applications, or
(2.) circumstances beyond High Heat Design reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or
(3.) a client breaking any item in High Heat Design "terms of conditions and acceptable use policy" causing a machine to fail as a result.
Actions Taken by High Heat Design
When High Heat Design becomes aware of an alleged violation of its Usage Policy; High Heat Design will initiate an investigation. During the investigation, High Heat Design may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, High Heat Design may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offence, High Heat Design will notify the appropriate law enforcement department of such violation.
High Heat Design does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
Modification
High Heat Design reserves the right to add, delete, or modify any provision of this Usage Policy at any time without notice.
Agreement and Acceptance
In order to maintain a high quality of service all sites and web hosting plans are subject to the terms and conditions of the High Heat Design Terms Of Service. Sites can be cancelled without refund and Clients and/or their agents may be subject to legal prosecution if found in violation. Placing an order and subsequent submission to a server of web site data, including files, images and text are proof of the Client's agreement and acceptance of the terms and conditions of the Terms Of Service. Clients agree they have read and understood the terms and conditions of the Terms Of Service before ordering any plan.
Indemnification
Indemnification. The Account Holder agrees to indemnify and hold High Heat Design harmless from any and all claims or causes of action of any kind or nature, arising out of or related to Account Holder's use of products and services purchased from or provided by the High Heat Design, as well as all claims or causes of action of any kind or nature brought by any third party, or any of Account Holder's own customers. The Account Holder and High Heat Design will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
More information
General information: info@highheatdesign.com
Technical: support@highheatdsign.com
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