Client Web Hosting Policy, Agreement and Terms of Hosting Service.

Content.

Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or Municipal law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Roger Wheatley from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Roger Wheatley will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links include but are not limited to: Pirated software hacker programs or archives, "warez" sites, any Site that consumes more than 10% of system resources.

Following are a list of sites that will often require more than 10% of our systems resources. This list includes but is not limited to:

Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, .mp3, .mpeg, .flv, etc.), and domain accounts offering download files.

We are not saying that your web site can not contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.

Traffic Usage.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill 15.00 CDN$ monthly for each GB or part thereof of traffic exceeded.
Spamming, or the sending of unsolicited email, from our servers or using an email address or domain that is maintained on our server’s machine as reference is STRICTLY prohibited. Roger Wheatley will be the sole arbiter as to what constitutes a violation of this provision. Please also see the Acceptable Use Policy as it specifically addresses the issue of how spam complaints are handled: www.rogerwheatley.com/aup.shtml

If you are running newslists, online newsletters, email subscription or similar services, etc. MAKE SURE that you configure your account to only transmit one email message to each user per second. If your account attempts to transmit more than one email per second to newslist subscribers, newsletter subscribers, etc. your account will be suspended and may be terminated at our discretion.

Chat Rooms.

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs.

We do not install or allow any programs required to run through root access on the servers. Most scripts can be run through the users own account and does not require root access. If at any time your are trying to install programs that require root access to any machine, then you will need to upgrade to a dedicated server.

IRC.

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse.

Any attempt to undermine or cause harm to a server, or client, of Roger Wheatley is strictly prohibited. Even attempting to view any system files or to alter material that is not owned by your username, will result in immediate removal of your account. Mere possession of any scripts related to hacking, sniffing, smurfing, phishing, etc. will lead to an effort on our part to track your destination and prosecute to the full extent of the law.

Refusal of Service.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Backups.

Any site that is over 1GB of data will not be backed up. Sites under 1GB will be backed up every 5 days. You should backup your site as often as you deem appropriate in the event that there may be a corruption in our backup copy or we cannot retreive the information. We are not responsible for any loss of data.

Billing.

Recurring Billing: We do not send out invoices unless requested. All credit cards are billed automatically. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we may send an email notification at which point we will need to be provided with another credit card within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.

All prices are in Canadian Dollars. All terms are due up front. There is an 80.00 CDN$ charge for NSF cheques or other failed payments.

Account Deactivations .

Any account deactivated due to non-payment or any other matter must contact us via the online contact form at www.rogerwheatley.com/contact.shtml or the online help desk at www.rogerwheatley.com/support to reactivate it. We cannot guarantee that your account will be activated. The reactivation service fee is 50.00 CDN$ payable prior to reactivation.

30 Day Money Back Guarantee/Refunds.

If you become unsatisfied with our hosting services within the first 30 days of your account activation, Roger Wheatley will refund your hosting fee, minus the 30-day pro rated service fees. Refunds will be only issued if we do not provide the hosting service items specified at the time you purchased your account or if you indicate to us in writing that you do not agree with this hosting policy.

Cancellation Refunds.

We do not refund any fees to accounts cancelling after their 30 day initial account activation period, this includes accounts cancelled by the subscriber or by us. For example, if you have purchased a one year account and the account is cancelled (terminated) 31 days later, we do not refund the remaining 334 day period. If you do not wish to renew a hosting package, provide notification in writting 30 days prior to the end date of your hosting package period. Doing so will cause us to send a cancellation code. Keep that code as your receipt.

Limitation Of Liability.

Roger Wheatley shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Roger Wheatley servers going off-line or being unavailable for any reason whatsoever. Furthermore, Roger Wheatley shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Roger Wheatley Servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to Roger Wheatley online at www.rogerwheatley.com/support. All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer.

Roger Wheatley cannot be held liable for system downtime, crashes, or data loss or other errors. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Some equipment, routing, software, programming and services used by Roger Wheatley are not directly owned, written or under the control of or by Roger Wheatley. Moreover, Roger Wheatley holds no responsibility for the use of your hosting accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Roger Wheatley sees fit.

Account Activation.

By activating your account with Roger Wheatley, you automatically agree to the above policies, guidelines and disclaimer. Upon requesting an account activation, you accept these policies, guidelines, and disclaimer.

NOTICE: If you obtain an account and do not follow our terms. No refunds will be given. We may however let you know by email or by lettermail before any action is taken.

FURTHERMORE, Roger Wheatley retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.