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Terms
of Services
From here-on, the
term 'netcompass.ca' refers to the owners of Netcompass.ca.
Netcompass.ca reserves
the right to change this Policy any time, so please, check this page frequently
or when in doubt.
Netcompass.ca's Policies, Guidelines, and Disclaimer are intended for
all domains hosted by Netcompass.ca. By using our web hosting and web
design services, you implicitely agree to comply with our policies. Netcompass.ca
has a zero-tolerance policy with regard to all Unacceptable Content and
Behavior and no exceptions will be made to these policies.
Netcompass.ca strives to provide the best possible service to all our
customers, and therefore, we will not tolerate any unlawful activity or
abuse on our servers. We respect freedom of speech and expression unless
it is harmful to others. These policies are imposed to protect you, other
Netcompass.ca customers and us against such harm.
The client must be 18 years of age to obtain our services. If you are
under the age of 18, you must have a parent or legal guardian obtain services
for you.
Payment Policies:
Full payment is required before any hosting service is rendered, which
includes renewals. Netcompass.ca will accept cheques or cash.
All payment-due notices will be sent by electronic mail. No bills or invoices
will be sent by postal mail or fax. Prepayment is due each anniversary
following the date the account was established. Billing will continue
until you cancel your hosting account.
If full payment is not made on the anniversary date, Netcompass.ca has
the right to remove the website from the server until such time that full
payment is made.
Cancellation Policy:
To cancel your service, you must send your request via e-mail. There are
no refunds after 30-days.
Upon receipt of proper cancellation notification, Netcompass.ca will cancel
said account within (7) business days unless other arrangements are made
and all billing will cease immediately. If the account has a balance due
at the time of cancellation, this balance must be paid in full before
the account can be cancelled. Cancellation does not absolve the account
holder of any outstanding financial obligations. Billing for the account
will continue until the balance is paid in full.
Netcompass.ca's services are independent of account usage and domain name
records, and are still in effect whether the account holder's domain is
pointing to Netcompass.ca's nameservers or to some other nameservers.
If the account holder transfers a domain without properly notifying Netcompass.ca,
they will continue to be charged/billed until the cancellation guidelines
have been followed. In other words, until you have notified Netcompass.ca
of your cancellation, we are still providing your account with our services
and you will be billed for same.
Domain registration is nonrefundable.
Email Policy:
Netcompass.ca may not be the source, intermediary, or destination address
involved in the transmission of any unsolicited email, email bombs, hate
email, or any mass email. Your email account may not be referenced as
originator, intermediary, or reply-to address of such email. We consider
mass email any email message sent to more than 30 email addresses or more
than 10 news groups. Client is responsible for keeping email storage on
hosting account below 10 MB. This is normal for most accounts since email
is typically downloaded from the server on a regular basis using an email
client such as Outlook, Outlook Express or Eudora.
Spam Policy:
Netcompass.ca is committed to a zero-tolerance, anti-Spamming policy.
Under this policy, we prohibit Spam, or any unsolicited commercial email,
from being sent either: Over the Netcompass.ca network, by customers or
any other users of the Netcompass.ca network (including customers' customers);
AND/OR over ANY network if the message sent advertises or mentions a site
hosted on the Netcompass.ca server.
We react quickly and seriously to violations, and we further reserve the
right to terminate the services, without prior notice, of any customer
disregarding this policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large number of usenet groups, posting
obscene or threatening messages while using or referring to a Netcompass.ca
email address or web site URL is prohibited. The use of Netcompass.ca
servers as a mail drop for responses to activities described above is
also prohibited. Accounts canceled due to spam will be billed a "clean
up" fee of $1000.
Content and Use of Services:
Netcompass.ca's services may be used for lawful purposes only. Transmission,
distribution or storage of any material in violation of any applicable
laws or regulations are prohibited. Linking to illegal material is also
prohibited.
Examples of illegality, unacceptable content, links and behaviors include
but are not limited to:
Pirated software, pirating (distributing copyrighted material in violation
of copyright law, specifically MP3s, MPEG's, ROMs, etc)
Hacker programs or archives
Pornography and sex-related merchandising; trafficking in obscene material;
sending a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten, or harass another
person
Schemes to defraud
Threatening bodily harm or damage to individuals or groups
Violating export restrictions
Stalking
Spamming - (sending unsolicited advertising to those with which the customer
has no existing business relationship, posting off-topic advertising in
newsgroups)
Spoofing (using a return email address which is not the valid reply address
of the sender or sending an email message which does not contain enough
information to enable the recipient to identify the party who is really
sending the message
Trolling (posting controversial messages in newsgroups to generate responses)
Mailbombing (inundating a user with email without any serious intent to
correspond)
Subscribing someone else to an electronic mailing list without that person's
permission Distribution of mass emailing programs
Server broadcast messages or any message sent on an intrusive basis to
any directly or indirectly attached network
Attempt to circumvent any user authentication or security of host, network,
or account
Accessing data not intended for user
Probing the security of any network
Promulgation of viruses
IRC bots
Or violating other provincial or federal or international laws, including
the Electronic Communications Privacy Act, the Computer Fraud and Abuse
Act, or the Economic Espionage Act.
Netcompass.ca does not host sites of its competitors or web pages promoting
sites of its competitors. Any violation of these policies may result in
immediate account termination or suspension without prior notification
and without any refunds. Any client who violates our policies will be
held responsible for any and all damages to Netcompass.ca and may be charged
a fee for any necessary repairs or clean ups. Netcompass.ca will be the
sole arbiter as to what constitutes a violation of this provision.
Traffic/Bandwidth/Data Transfer:
Netcompass.ca allows for very generous traffic, and most sites never exceed
4 G per month, unless they offer shareware, sound, video, image and multimedia
archives, are mirror sites or any site whose primary purpose is file distribution.
Netcompass.ca customers are discouraged from storing any files that cause
excessive traffic on Netcompass.ca servers. 99% of the sites do not fall
into this category and never reach our traffic limits.
You will be charged for all transfer that you use beyond our generous
data transfer limits without prior notification. You can monitor your
transfer at anytime in your Control Panel, and you can have us notify
you you when you are nearing your limit by going to Account Management
in your Control Panel and setting up notification.
Backups:
It is the full responsibility of the clients of netcompass.ca to perform
their own backups. No guarantees are made of any kind, either expressed
or implied, as to the integrity of the servers used by netcompass.ca.
It is the clients' responsibility to maintain local copies of their web
content. The "Archive Manager" is included in each hosting plan and the
client can use this tool to back up their files.
If loss of data occurs due to an error of Netcompass.ca, we will attempt
to recover the data for no charge to the client. If data loss occurs due
to negligence of the client in securing their account or by an action
of the client, Netcompass.ca will attempt to recover the data from the
most recent archive for a $50.00 fee.
Account Ownership:
Netcompass.ca is only responsible to the present owner of the Web hosting
space. We verify ownership by name, address, email address, username,
& password. If you give this information to any other party or give access
to your email address on your account to another party, you risk having
your Web site and any other information on your account changed and/or
deleted. We are not responsible for any information on your account should
you reveal this information to another party who causes damage to your
account and/or Web site.
By purchasing Netcompass.ca services, you hereby agree that Netcompass.ca
shall not be held liable for psychological or mental trauma and including
but not limited to, quality of service, financial obligations, financial
losses (or inference or assumption of such) or any other claim NOT provided
in writing by Netcompass.ca.
If you abuse our services, we reserve the right to cancel your account.
Privacy:
Our site uses an order form for customers to request information, products,
and services. We collect visitor's contact information (like their email
address). Contact information from the order form is used to get in touch
with the customer when necessary. Customer information is NEVER given
to third parties.
Registration: In order to register for our service(s), the user is required
to supply his / her Full Name, Company Name, Full Address, Phone Number,
E-mail address, username, and domain name. To register for Web Hosting,
the user must also supply a username, password and domain name. Sharing
of Information: Netcompass.ca uses the above-described information to
contact our clients in regards to changes in our services. Information
that is collected is not shared with or sold to any third party, with
the following exceptions:
Domain Registration - In order for Netcompass.ca to register / modify
domain names, the above information is submitted to ICCAN-accredited domain
registrars. Netcompass.ca is not responsible for the privacy practices
of those websites to whom which we must provide information.
This site does contain a small number of links to other sites. Netcompass.ca
is not responsible for the privacy practices or the content of such Web
sites.
Limitation of Liability:
Netcompass.ca shall not be responsible for any claimed damages, including
psychological, incidental and consequential damages, perceived or assumed
damages or losses of any kind, which may arise from Netcompass.ca's servers
going off-line or being unavailable for any reason whatsoever. Further,
Netcompass.ca shall not be responsible for any claimed damages, including
psychological, incidental or consequential damages, perceived or assumed
damages or losses of any kind resulting from the corruption or deletion
of any web site from one of Netcompass.ca's servers. All damages shall
be limited to the immediate termination of service. Netcompass.ca shall
be the sole arbiter of what is and is not a violation of these acceptable
use policies. Netcompass.ca reserves the right to terminate an account
at any time and for any reason that causes harm to any Netcompass.ca customer's
web sites. Netcompass.ca reserves the right to delete all content and
files upon termination. Netcompass.ca reserves the right to withhold any
prepaid funds for any site removed for violations of these policies. Netcompass.ca
reserves the right to refuse, cancel, or suspend service at our sole discretion.
Netcompass.ca is not
responsible for any claimed damages, incidental and consequential damages,
psychological, perceived, assumed or existant damages or losses of any
kind in regards to any links from this site or from any of our clients
sites.
Netcompass.ca reserves
the right to change these Policies without prior notice or warning. Non-enforcement
of any part of these Policies does not constitute consent.
Disclaimer:
The materials appearing on netcompass.ca site or on those of our clients'
sites, could include technical, typographical or photographic errors.
Netcompass.ca does not warrant that any of the materials on its site are
accurate, complete or current. Netcompass.ca may make changes to the materials
contained on its site at any time without notice. Netcompass.ca does not,
however, make any commitment to update the materials.
Netcompass.ca is not
responsible for the contents of any such linked site. The inclusion of
any link does not imply endorsement by Netcompass.ca of the site. Use
of any linked site is at the user's own risk.
Custom-Made
and Third Party Software:
Netcompass.ca
uses and offers a variety of custom-made and third party software, programs
and scripts. Netcompass.ca disclaims any responsibility for or liability
related to the software. Any questions, complaints or claims related to
the software should be directed to the appropriate vendor.
THE SERVICES AND SOFTWARE
ARE PROVIDED BY Netcompass.ca "AS IS" AND "WITH ALL FAULTS."
Netcompass.ca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE QUALITY, SAFETY OR SUITABILITY OF THE SERVICES OR SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHER, Netcompass.ca MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS
CONCERNING THE SERVICE AND SOFTWARE THAT IS CONTAINED IN Netcompass.ca's
INTERNET SITES. IN NO EVENT WILL Netcompass.ca BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY
ARISE AND EVEN IF Netcompass.ca HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
There are inherent
dangers in the use of any software or services available for use on the
Internet, and Netcompass.ca. cautions you to make sure that you completely
understand the potential risks before using any of our services. You are
solely responsible for adequate protection and backup of the data and
equipment used in connection with any of the services and Software, and
Netcompass.ca will not be liable for any damages that you may suffer in
connection with downloading, using, modifying or distributing any of our
services and Software.
The Software is subject
to Canadian export control laws and may be subject to export or import
regulations in other countries.
Copyright:
Copyright
to-date by Netcompass.ca. All rights reserved. No part of Netcompass.ca's
Internet sites may be reproduced in any way, or by any means, nor original
ideas copied without the prior written permission of Netcompass.ca.. Violations
will be dealt with to the fullest extent of the possibilities of the international
copyright law. Use of any index or listing of Software for the purpose
of constructing a mailing list, creating promotional materials or producing
a printed or electronic catalog of any kind is expressly forbidden without
the prior written permission of Netcompass.ca.
No logos or graphics
may be used without the prior written approval of Netcompass.ca. Any unauthorized
use of any materials contained on Netcompass.ca’s Internet site may result
in criminal or civil penalties and Netcompass.ca will actively seek the
recovery of any costs and damages it may incur preventing the misuse or
misappropriation of its property.
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