This Terms of Service Agreement (TOS) is a formal and legally binding agreement between Webhog Inc. ("Webhog", "We", "Our", "the Company") and the Customer, ("Service User", "User", "Client", "You", and or "Customers"). The use of the Company services constitutes acceptance and agreement to the Terms of Service in full. This TOS supersedes any other agreement with Webhog Inc. or it's owners; written, oral, by conduct, or otherwise.
Violation of these Terms of Service may result in the suspension or termination of the Customer account. Webhog Inc. or it's owners shall not be held liable for any refunds, damages or data loss if your account is terminated for TOS violations. No Modifications of this contract by Customer is allowed.
TABLE OF CONTENTS
This Agreement includes both the terms above and the following sections. The headings are for convenience only and the Customer is responsible for reviewing all sections, defined terms and related links in their entirety to ensure You fully understand this Agreement.
ACCEPTANCE OF TERMS
UNLIMITED USAGE POLICY AND DEFINITIONS
SECURITY AND OWNERSHIP
CANCELLATION OF SERVICES
THIRD PARTY SERVICE PROVIDERS
LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES
GOVERNING LAW & CHOICE OF FORM
ACCEPTANCE OF TERMS
- As a precondition and requirement to use the services provided by Webhog, you, for yourself and for the company or other person(s), if any, you represent ("Customer" or "Customers", as applicable), hereby accept and agree to be legally bound by these Terms. These Terms are effective immediately between the Customer and Webhog, Inc. dba Webhog, and subsidiaries ("World Wide Web Manitoba"). Each Customer is subject to these Terms, and by using Webhog's services, network and/or systems (collectively the "Services"), Customer agrees to be legally bound by and subject to all Terms and conditions contained in these Terms of Service, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Customer.
- Customer represents and warrants that, if an individual, Customer is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Customer represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Webhog. Further, Customer represents and warrants all information provided by the Customer to Webhog has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to Webhog in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Customers of paid services offered through Webhog must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
- Webhog intends to provide the best possible service to each of its Customers. Webhog is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, Webhog reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Notwithstanding Webhog's right to alter these Terms of Service without prior notice, Webhog may, within its sole discretion and as a courtesy to all affected Customers, make an effort to provide Customers with 7 days advanced notice of any alteration of these Terms if it appears to Webhog, in its sole discretion, that said alteration may materially and adversely impact said Customer's use of the Services.
- If Customer is registering a new domain name with Webhog, or using or transferring a previously registered domain name in conjunction with Customer's use of the Services, Customer hereby acknowledges and agrees that Customer's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Canadian Internet Registration Authority (CIRA).
These Terms do not give Customers any rights in Webhog intellectual property or technologies. Webhog and related trademarks and logos are the exclusive property of Webhog Inc. Webhog and the Customer agrees that neither will, directly or indirectly, reverse engineer or decompile or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Webhog from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
UNLIMITED USAGE POLICY AND DEFINITIONS
What "Unlimited" mean. Webhog does not set arbitrary limits or caps on the amount of resources a single Customer can use. In good faith and subject to these Terms, Webhog makes every reasonable effort to provide its Customers with all the storage and bandwidth resources needed to power their websites and email successfully, as long as the Customer's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide consistent pricing to our Customers as they grow their websites without experiencing any increase in hosting charges.
What "Unlimited" DOES NOT mean. Webhog employs multi-layers of security to protect its Customers and systems from abuse. Webhog's offering of "unlimited" services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact other Customers.
Webhog's standard hosting services (virtual or dedicated servers excluded) are designed to meet the typical needs of small- to medium-sized companies and home business website Customers in Canada and the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Webhog will make every reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, Webhog employs automated systems and safeguards to protect against any one website growing too quickly until Webhog can evaluate the Customers websites resource needs.
Unlimited Email Storage. Webhog does Not limit on the amount of disk space a Customer can use for email, nor does Webhog charge additional fees based on an increased amount of storage used, provided the Customer's use of storage complies with these Terms. Webhog does NOT provide unlimited email storage for online archiving, backup of Customers email or any such use of the Services will result in the termination of Customer's account, with or without notice. Customers with excessive emails may negatively affect the performance of the server and Webhog may request that the Customer reduce the number of emails to ensure proper performance.
Unlimited Data Transfer. Webhog does Not limit the amount of visitor traffic a website can receive or the amount of electronic files a Customer can upload to his/her/there website in a given month, nor does Webhog charge additional fees based on increased use of bandwidth, as long as the Customer's use of the Services complies with these Terms. In most cases, a Customer's website will be able to support as much traffic as the Customer can legitimately acquire. However, Webhog does reserve the right to limit storage space and bandwidth when necessary to prevent a negative impact on other Customers.
Breach of Terms of Service and Account Termination. The uses of Webhog Services set forth herein are prohibited. The engaging in any prohibited use as set forth herein by the Customer or by any affiliate associated with the Customer constitutes a material breach of these Terms and will be subject to the Customer's account being immediately termination without notice.
Spamming. Whether or not it overloads the Services or disrupts service to Webhog's Customers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial email, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Webhog requires that all mass emails contain an automated opt out . We do not allow purchased lists. Webhog's Customers are required to follow all rules in the Can Spam Act as well as our company spam rules. Webhog reserves the right to determine, in its sole and absolute discretion, whether email recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Webhog allows a upto 500 emails per hour to be sent from any individual hosting account.
Prohibited Offerings. No Customer may utilize the Services to provide, sell or offer to sell the following: illegal drugs, weapons, pirated materials, instructions on making or assembling weapons to attack others, information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information, and information to illegally harm people or animals.
Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Webhog is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Malicious Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in any activity that is intended to disrupt or interfere with, or that results in the disruption of any kind.
Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking. Webhog does not allow the use of anonymous proxies or proxy scripts on its servers, as they can be very abusive and negatively affect other Customers on that server.
Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make in any way available child pornography is prohibited. Webhog is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted.
Backup Storage. Webhog offers its Services, not to store data. Customers’ using the account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Backup Storage. Webhog offers its Services to host websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
Other Illegal Activities. The use of the Services to engage in any activity that is determined by Webhog, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable privacy laws. Webhog will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Webhog provides you with the following payment options:
- Online - Pay your bill online with your credit card: VISA, MasterCard, AMEX
- Postal Mail - Mail directly to Webhog, please make cheques payable to Webhog Inc.
- In Person - Payments may be made by; Cash, Cheque, Visa, MasterCard, AMEX, Debit.
You agree to pay Webhog the total charges for use of the Services, including, without limitation: fees applicable to setup; registrations; processing, costs incurred by Webhog and interest charges, if your account is past due. You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Webhog. Payments made after the due date on your invoice will be reflected on your next invoice. Amounts owing after the due date may be subject to a late payment interest charge calculated on the outstanding amount at 2% per month until paid in full. You agree to pay Webhog $25.00 if your credit card is denied or if your cheque is returned due to non-sufficient funds. Should it become necessary to disconnect a past due account, payment of the full outstanding balance plus a re-setup fee will be required before service is restored. You are responsible to ensure that the billing information you provide Webhog is accurate,and agree to promptly notify Webhog of any changes in your billing information.
You are responsible for any costs, including legal fees and expenses, collection agency fees or payments and Court costs incurred by Webhog to collect any amounts owing under these Terms of Service. If you are receiving the Services through a trial period offer, you agree that upon the expiry of such trial period, you will be bound by the payment requirements set out in this Section unless the Services are terminated in a manner set out in CANCELLATION OF SERVICES prior to the end of such trial period. You must bring invoice questions and disputes to Webhog’s attention within 60 days of the invoice date. Your failure to contact Webhog regarding any invoice will constitute your acceptance of the invoice.
GOVERNING LAW & CHOICE OF FORM
The laws of Canada, the Province of Manitoba will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provicial courts located in the City of Winnipeg, Manitoba.
If any court of competent jurisdiction finds that any provision contained in these Terms Conditions of Service is invalid, you agree that the remaining provisions shall remain in full force and effect.
306 - 690 St Joseph Street
Winnipeg Manitoba R2H 3E2 Ca
Telephone: 1 (204) 927-2100