Website Hosting Service Agreement
If you accept this Agreement without reading it in its entirety, you are still bound by this Agreement in its entirety. The following is the entire service agreement between Tropical Web Shop Inc. (Tropical Web Shop) and the personal or corporate account holder (You / Your).
1. Service - Tropical Web Shop will provide You with storage space on a Tropical Web Shop server for hosting a World Wide Web site (SITE) according to a selected plan at the site, in exchange for you paying the prescribed fee.
3. Acceptable Use Policy – You may view our Acceptable Use Policy.
4. Resource Abuse Policy – You may view our Resource Abuse Policy.
5. Limitations - Any content on your Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Tropical Web Shop in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to you.
6. User Liability - Your use of the service is at your sole risk. You are liable for all content on your site. Tropical Web Shop is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate back-up of files and data stored on Tropical Web Shop servers.
7. Amendments - You agree to abide by any amendments made to this Agreement, from time to time, as posted at tropicalwebshop.com.
8. E-mail - You agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Tropical Web Shop, in its sole discretion, to be offensive, disruptive, obscene or inappropriate, including spam mail (i.e. unsolicited e-mail).
9. Zero Tolerance Spam Policy - Tropical Web Shop has a zero tolerance on sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. If you send out spam your account will be terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. If your account results in our IP space being blacklisted will be immediately suspended and/or terminated.
10. User Obligation - You will at all times keep Tropical Web Shop apprised of Your current contact and billing information.
11. Web Site Suspension / Termination - If litigation or a similar adjudicative proceeding is commenced against you in respect of your SITE, and upon receipt by Tropical Web Shop of a Court-issued copy of such proceeding, your SITE will be temporarily deactivated. The deactivation period will last until you have filed an appropriate Defence in respect of such proceeding, and provided Tropical Web Shop with a Court-issued copy of same. If you fail to defend any such proceeding, your SITE will remain deactivated, without any compensation to you.
12. Domain Name Registration - Second-level domain names registered through Tropical Web Shop by you are governed by the terms located at tropicalwebshop.com.
13. Refund Policy - If you are not completely satisfied with our services within the first thirty (30) days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.
14. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.
15. Limitation of Liability - Tropical Web Shop is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Tropical Web Shop server, or losses or damages arising from the use of the content or services provided by Tropical Web Shop or third parties in connection with Tropical Web Shop. Tropical Web Shop is not responsible for any financial losses by you in association with your SITE.
16. Indemnity - You agree to indemnify and hold Tropical Web Shop harmless from and against, and to reimburse Tropical Web Shop with respect to, any and all losses of every nature whatsoever incurred by Tropical Web Shop arising out of (i) any breach of this Agreement by you; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.
17. Termination - Both you and Tropical Web Shop have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. Tropical Web Shop may terminate this Agreement at any time without notice or compensation to you if you violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm Tropical Web Shop servers or central processing units (CPUs), or engage in any conduct Tropical Web Shop deems in its sole discretion to be disruptive or harmful. Termination of service by you must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled.
18. Payment Information - You agree to supply appropriate payment for the services received from Tropical Web Shop, in advance of the time period during which such services are provided. You agree that until and unless you notify Tropical Web Shop of your desire to cancel any or all services received, those services will be billed on a recurring basis. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact email@example.com.
19. Renewal - Upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise Tropical Web Shop otherwise prior to said expiration. Renewal fees must be received by Tropical Web Shop within 10 (ten) days of said expiration, failing which your SITE and e-mail account(s) will be placed on accounting hold. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. If the renewal fees are not received within 30 (thirty) days of expiration, all SITE and e-mail content will be deleted and removed from Tropical Web Shop servers without any compensation or notice to you. Tropical Web Shop reserves the right to not automatically renew any service plan.
20. General - This Agreement is governed by and construed in accordance with the applicable laws of the Province of Ontario and the federal laws of Canada and is treated in all respects as an Ontario-based contract. The excusing of any provision in this contract does not excuse any other or subsequent provision in this contract. Any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement. This Agreement, together with the policies prescribed at constitutes the entire Agreement between You and Tropical Web Shop Inc. Any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement. This Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument. Tropical Web Shop maintains the right to refuse service if it considers it would be disruptive to its business to provide such service. Any failure by Tropical Web Shop in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity. All remedies available to Tropical Web Shop under this Agreement survive termination of this Agreement without limitation.