CostCom

Hosting Agreement Terms of Use

3rd Party Hosting / Use or Lease of Server space

LEGAL RESTRICTIONS AND TERMS OF USE

The users of WEBRUNNER INTERNET VENTURES services, servers, and resource are hereafter referred to as the Client.

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING SIGNING UP WITH WEBRUNNER AS YOUR WEB SITE HOSTING COMPANY. SIGNING UP AND LEASING SERVER SPACE INDICATES THAT YOU ACCEPT THESE TERMS. YOU SHOULD RETURN AND RE-READ THESE TERMS FREQUENTLY IF YOU ARE A CUSTOMER OF WEBRUNNER INTERNET VENTURES, BECAUSE THEY ARE BINDING ON YOU.

The Agreement supersedes all prior proposals and understandings, oral or written and is the entire understanding between WEBRUNNER INTERNET VENTURES and the Client.

WEBRUNNER INTERNET VENTURES's network architecture is designed to provide the best combination of high quality throughput, reliability, and performance to our Clients. By utilizing the latest in fibre optic internet backbone connectivity, we believe we are poised to exceed your highest service level expectations.

NOTE: Client agrees that WEBRUNNER INTERNET VENTURES shall not be liable for damages of any kind arising from random acts of the universe or any other condition beyond its control, including any service degradation or disruption that occurs during scheduled maintenance, is the result of upstream telephone and network company outages on shared services such as Frame Relay, SMDS, and ATM, is related to acts or omissions of the Customer or authorized agent, is the result of a malicious action by a third party against the Customer or authorized agent, is related to adverse behaviour of Customer equipment, facilities, or applications, is related to adverse weather, natural disasters, acts of God, civil disorders, hardware failure, software failure, or other occurrences beyond the reasonable control of WEBRUNNER INTERNET VENTURES. Client agrees that the only current version of this document of Terms of Use as found at www.webrunner.ca/3rdterm.cfm will be the only version, and that this, the most current document supersedes all prior Terms of Use, proposals and understandings, oral or written and is the entire understanding between the parties. Any other cached versions anywhere other than at the URL specified above are tacitly agreed by the Client to be not a verifiable version nor of a verifiable source.

WEBRUNNER INTERNET VENTURES strongly encourages our Clients to recognize that nobody will guarantee complete connectivity at all times to the Internet. Although WEBRUNNER INTERNET VENTURES makes every effort to provide redundancy in all points of it's network, databases, and other dynamic solutions remain in the model of a single connection to the Internet, so 'down time' is a fact of life. We do not eliminate the risk of being down, we simply manage it down to as little down time as possible.

Use of Servers You may not view, modify, decrypt, hack, reverse engineer, disassemble, or decompile any of the files or folders, programs, applications, or anything that is outside of your main web folder on the server in any way. You must contact administration and alert them if you are using any special functions in ColdFusion, namely any of the restricted functions as defined in the ColdFusion Administrator. The server facilities are granted to you under restricted access policy, and any unauthorized use of or access of any materials on the server other than your normal web site useage is forbidden. Use of the server(s) to send out mass or bulk email from 3rd party databases that consist of email addresses that have NOT been generated locally by your business activities and collected for your purposes is forbidden. Use of the server(s) to send out unsolicited email to any 3rd party is strictly forbidden. If you breach any of these Terms, your authorization to use our hosting services automatically terminates. Violations of this policy may result in permanent termination from WEBRUNNER INTERNET VENTURES hosting services without notice, and WEBRUNNER INTERNET VENTURES reserves the right to recover damages from such violations through criminal and/or civil legal proceedings. WEBRUNNER INTERNET VENTURES reserves the right to terminate your account at any time for any reason.

WebSite Statistics. WebSite Statistics are provided on an as is basis. You will be provided with general statistics for your whole site as generated by the default settings as setup by an Administrator at WEBRUNNER INTERNET VENTURES. Any specific tracking of any page, document, link, image, or other can be done upon demand, but there will be extra charges associated with that.

User Submissions. You must agree that any material, information or other communication you transmit or post to your Site will be in accordance with our hosting standards policy, which is as follows: You are prohibited from posting or transmitting to or from your Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. We do not host porn sites.

DNS hosting WEBRUNNER INTERNET VENTURES supplies one DNS hosted domain per client. Additional DNS charges for additional domains will be billed to the client. If the client chooses to opt out of WEBRUNNER INTERNET VENTURES DNS hosting, they must supply a list of the domains they wish WEBRUNNER INTERNET VENTURES NOT to host. In the event of a DNS error and no written instructions, it will be deemed to be an error of the client for failure to exercise due diligence with regard to their own domain(s). The client is responsible for checking their own DNS settings WEBRUNNER INTERNET VENTURES has made on their behalf to ensure they are correct. WEBRUNNER INTERNET VENTURES cannot be held responsible for erroneous DNS records. DNS charges are assessed annually, and once assessed, they cannot and will not be rescinded. WEBRUNNER INTERNET VENTURES urges it's clients to plan their web presence carefully to avoid any confusion and / or unexpected costs with respect to DNS hosting. If you have any further questions, please contact us or talk to your webmaster about your DNS settings.

Filtering. WEBRUNNER INTERNET VENTURES may without notice filter out email and files from email that commonly carry malicious payloads. We are not responsible for any mail deleted by the system, and subsequently lost because the system settings or programs or network software deem any email not acceptable for forwarding. If you find your email or attachments are not getting through, contact us for a list of files we filter out, or just zip up your files before sending them since we do not filter the contents of zipped files that are not on our dangerous file list. WEBRUNNER INTERNET VENTURES has no obligation to monitor the email Service, but may do so and disclose the information regarding the use of the email Service for any reason if WEBRUNNER INTERNET VENTURES in its sole discretion believes that it is reasonable to do so, including to satisfy governmental or legal requests and to mitigate any damages it might incur because of fraud or because of suspected fraud, including non-payment. WEBRUNNER INTERNET VENTURES, in its sole discretion, may monitor the email Service and disclose any information retrieved and use it to mitigate damages it believes it may sustain if no action is taken. Use of WEBRUNNER INTERNET VENTURES services of any kind, to maintain website domains, including domain registration with 3rd party registrars while in a state of non payment is in the opinion of WEBRUNNER INTERNET VENTURES a form of fraud, and WEBRUNNER INTERNET VENTURES in its sole discretion reserves the right to take action as it sees fit to avoid and mitigate damages that may accrue. Such action may include suspension of access to services, including FTP, database, HTTP, and all other network and 3rd party registrar services as deemed necessary by WEBRUNNER INTERNET VENTURES. WEBRUNNER INTERNET VENTURES reserves the right to possess and control a domain at the registrar level ex post facto by monitoring Client email accounts or any accounts which are in the sole discretion of WEBRUNNER INTERNET VENTURES high risk accounts, either because of non-payment or other fraudulent activities. The Client agrees to indemnify and hold harmless WEBRUNNER INTERNET VENTURES of any and all actions WEBRUNNER INTERNET VENTURES may take in response to fraudulent or suspected fraudulent activity or breach of contract including non-payment concerning the use of WEBRUNNER INTERNET VENTURES Services. WEBRUNNER INTERNET VENTURES may or may not notify the Client at any time of any actions of WEBRUNNER INTERNET VENTURES to protect it's interests. Clients who use encrypted email or who host domains at registrars controlled by domains which are not hosted by WEBRUNNER INTERNET VENTURES may be subject to further risk management policies of WEBRUNNER INTERNET VENTURES, including a deposit no less than the value of the average of the last 3 months hosting fees or US $500, whichever is less, or other reasonable fee as dictated by WEBRUNNER INTERNET VENTURES. Clients in a state of insolvency and bankruptcy tacitly agree to automatically surrender control of their domain at the registrar level to WEBRUNNER INTERNET VENTURES for the duration of the bankruptcy by any method WEBRUNNER INTERNET VENTURES deems fair, including email monitoring. Any domains held in this fashion by WEBRUNNER INTERNET VENTURES will be returned to the Client when the Client is again solvent, or upon other terms that WEBRUNNER INTERNET VENTURES and the Client negotiate. WEBRUNNER INTERNET VENTURES may sell or otherwise market the domain after a certain period of non payment has passed, or if the client fails to recover from bankruptcy to recover damages incurred or losses sustained for any reason as a result of doing business with the Client. The Client tacitly agrees, by using WEBRUNNER INTERNET VENTURES services, that it agrees to these terms and that it understands that any control of any domain at the registrar level will be returned to the Client upon the full performance of the contract and the full payment of the amounts owing and the state of insolvency and bankruptcy is removed by the bankruptcy Court. Amounts owed to WEBRUNNER INTERNET VENTURES by the Client before bankruptcy and insolvency are to be negotiated by WEBRUNNER INTERNET VENTURES and the Client, but any amounts accrued since the bankruptcy and insolvency are to be paid in full before any domain held by WEBRUNNER INTERNET VENTURES is released to the control of the Client.

Late or non payment Unless otherwise specified, all Client accounts are cash accounts. Invoices are due when received by the Client. Overdue invoices will start to accrue interest charges. Clients with accounts overdue may be shut down or suspended without notice at any time. Any data, files, or other proprietary information belonging to the Client will not be made available to the Client until the account is closed honorably. We may bill you from up to one year from the date a charge is incurred on your account. You agree that at any time, WEBRUNNER INTERNET VENTURES may require you to prepay up to 3 months in advance based on current useage trends. Failure to prepay can and will result in account suspension. You agree to pay for undisputed charges appearing on your invoice if not disputed within 30 days, whichever is greater. You agree to accept our calculation of usage as conclusive. We may cancel or suspend any or all of your services without notifying you if you do not pay any amount you owe to us when due; give us false or misleading information; you fraudulently or improperly seek to avoid payment to us. Cancellation of your account for dishonour or failure to remit payment when due for a concurrent period of six months will result in the creation of an equitable lien of which WEBRUNNER INTERNET VENTURES is the primary creditor in and on all Client property, physical and intangible on WEBRUNNER INTERNET VENTURES premises or computer network and servers. A $50 fee for reconnection will apply.

In consideration of the Client use of WEBRUNNER INTERNET VENTURES servers, services, bandwidth, or resources, you do absolutely and unconditionally guarantee to WEBRUNNER INTERNET VENTURES the full, faithful and prompt performance, payment and discharge of any and all obligations and agreements of Client under or with respect to any and all such transactions and any and all other agreements in any way of Client with WEBRUNNER INTERNET VENTURES. Presentment, protest and demand, and notice of protest and demand of any and all transactions with WEBRUNNER INTERNET VENTURES are hereby waived. Any rights to extension, composition or otherwise under the Bankruptcy Code or any amendments thereof, or under any provincial, state or other federal statute and law are hereby waived. Extensions of the times of payment, and extensions of the times of performance of agreements of Client, or any other compromises, adjustments, or indulgences may be granted without notice to Guarantor and Client.

Lease Clients (dedicated server Clients) are required to submit notice of termination of contract to WEBRUNNER INTERNET VENTURES in writing. Lease terms are annual contracts for one (custom contract) or two years (default contract as per these Terms of this agreement), whether express or implied, beginning on the first day of the first month of the lease period for two years minus one day thereafter. Lease Clients wishing to terminate their contracts early, or clients terminated dishonourably will be required to buy out their lease terms at full value of the annual contract. THERE ARE NO EXCEPTIONS TO THIS POLICY. Any Client may learn whether they are a lease Client by looking at their hosting bill, fees listed as "Dedicated" or "Leased" are deemed to be leased services, and generally run in the hundreds of dollars per month price range. Partial leases, custom terms, and shared leases are all considered lease clients. The only services which are exempt and are not on annual contracts are those identified as Basic, Economy, E-business, and Ecommerce. If you are in doubt as to which status you fall under, please ask, since these terms are binding on you. It is very expensive to set up a lease server for a Client, and it takes two years just to recover the investment required to set up a leased server. Lease terms of one year are also available at a higher rate. If you have an questions regarding our lease policies, please ask us.

Copyright of all works including software programming and software development. As per Canadian and international copyright laws and in the absence of a written copyright and moral rights waiver agreement between the developer (WEBRUNNER INTERNET VENTURES and Jason Draper) and the Client, ownership of the copyright and all moral rights for all programming and development remain with the WEBRUNNER INTERNET VENTURES and Jason Draper -- the Author of the work. Any reverse engineering of the code by the Client, including database structure copying is deemed to be an infringement of copyright. Any coding released to the Client will be in encrypted form with an accompanying Terms of Use, as per the industry standard for software. Unless otherwise specified in writing, all coding produced by WEBRUNNER INTERNET VENTURES and Jason Draper for any Client is "delivered" to servers internal to our network. Delivery outside of the WEBRUNNER INTERNET VENTURES local network, by CD or by FTP, will require the appropriate licensing to be completed. Sale (including selling the use of the code) or modification by the Client at any time of any works originating as WEBRUNNER INTERNET VENTURES copyrighted work without the express written permission of WEBRUNNER INTERNET VENTURES where written means signed manually in pen ink by both WEBRUNNER INTERNET VENTURES and the Client, is deemed and tacitly admitted by the Client to be an infringement of copyright and a derivative work. You may not modify, decrypt, hack, reverse engineer, disassemble, or decompile any of the source code delivered, programmed, and coded by WEBRUNNER INTERNET VENTURES, in any way, without the express written permission of WEBRUNNER INTERNET VENTURES where written means signed manually in pen ink by both WEBRUNNER INTERNET VENTURES and the Client. All programming and software authored by WEBRUNNER INTERNET VENTURES has a User License to allow the Client to use it on one server only. Hosting on more than one source, including backup systems, MUST be negotiated on separate terms. Hosting any software written by WEBRUNNER INTERNET VENTURES on more than one server, without a written User License agreement between WEBRUNNER INTERNET VENTURES and the Client is deemed to be a violation of the User License. Please contact WebRunner BEFORE development starts to negotiate a mutually satisfactory agreement to give you the flexibility you need on your project.

This agreement will be governed and constructed in accordance with the laws of the Province of British Columbia without regard to the conflicts of laws or principles thereof. Any suit brought about hereon shall be brought in the Provincial or Federal courts sitting in the city of Courtenay, Province of British Columbia, Canada. Client agrees to pay all costs of collection including court costs and attorneys fees.

Support Support for your site is provided by email only. Some limited phone support may be available, but you are encouraged to use email to help us keep ours and your costs down. On site assistance is not available. You are responsible for configuring your own email in your Client (Outlook Express, Outlook, etc.), and for configuring your email on the web based interface that we provide you.

Term and Termination, and modification of your account terms The only acceptable method to terminate or modify your account is in writing no less than thirty days prior to agreement expiration. Charges will continue to accrue on your account until you terminated your account, or your account is terminated or modified by us. You will know we have terminated your account if we have NOTICED you of the termination or modification in writing.

Disclaimer. THE SERVICES PROVIDED BY WEBRUNNER INTERNET VENTURES ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WEBRUNNER INTERNET VENTURES may make changes to the services we make available on our servers, or to the products and prices described at Webrunner.CA, at any time without notice. WEBRUNNER INTERNET VENTURES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SERVICES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY... - USE OF (OR INABILITY TO USE) THE SITE OR SERVERS OR ANY SOFTWARE THAT WEBRUNNER.CA PROVIDES FOR YOUR USE WHETHER DIRECTLY, INDIRECTLY, OR REMOTELY, - USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HAVE RUNNING ON OUR SERVER(S); - FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE. FURTHER, WE ARE NOT LIABLE FOR DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").

Limitation of Liability. IN NO EVENT WILL WEBRUNNER INTERNET VENTURES, OR OTHER THIRD PARTIES MENTIONED HEREIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, ANY WEB SITES RUNNING ON OUR SERVERS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEB SERVER SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU HOST A DATABASE WITH US, WE HIGHLY RECOMMEND YOU TAKE STEPS TO GUARD YOUR DATA. WE DO DAILY BACKUPS, WE USE RAID ARRAYS ON OUR SERVERS, AND WE DO REGULAR OFFSITE BACKUPS, BUT ONLY YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR DATA.

Indemnification Client will defend, indemnify, and hold harmless WEBRUNNER INTERNET VENTURES, and their respective directors, officers, technology partners, employees, affiliates, and agents from all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorney's fees and expenses) arising from any provision or claim of this Agreement. Without limiting the generality of the foregoing, Client shall indemnify and hold harmless WEBRUNNER INTERNET VENTURES against liabilities arising from the following: (i) the products or services provided by Client in connection with WEBRUNNER INTERNET VENTURES; (ii) any actual or alleged defamatory or illegal material provided by Client for placement on, or in connection with WEBRUNNER INTERNET VENTURES; and (iii) any material provided by Client on, or in connection with WEBRUNNER INTERNET VENTURES, that actually or allegedly infringes on the intellectual property or personal rights of a third party. Each party agrees to (i) promptly notify the other party in writing of any indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at the party's sole expense, and (ii) cooperate fully with the other party in defending or settling such claim; WEBRUNNER INTERNET VENTURES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.

General. WEBRUNNER INTERNET VENTURES may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you.

Failure by WEBRUNNER INTERNET VENTURES to insist upon strict performance or observance of any terms extended shall not be construed as a waiver or relinquishment for the future of any terms, provisions, or covenants, but the same shall continue to remain in full force and effect.

Hosting or leasing your site, or using the paid network services of WEBRUNNER INTERNET VENTURES implies your agreement with the Hosting Terms of Use as found on this document, for the hosting services we provide you with.

EDUCATION IS WHAT YOU GET from reading the small print in a contract. Experience is what you get from not reading it.