TERMS OF SERVICE (TOS)

IMPORTANT NOTICE: *All Payments To InternetPEI/Bellweather.net Are Non-Refundable*

InternetPEI.com/Bellweather.net (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of InternetPEI/Bellweather.net Service constitutes acceptance and agreement to InternetPEI’s/Bellweather’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of InternetPEI.com/Bellweather.net. The TOS may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of Prince Edward Island, county of Queens applicable to contracts enforceable in that province. Venue will be Charlottetown, Queens County, Prince Edward Island, Canada

1. Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition InternetPEI/Bellweather shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by InternetPEI/Bellweather are subject to the current tax rate on Prince Edward Island. The above applies to all accounts and services provided by InternetPEI/Bellweather. First payment is considered due when service is first activated.

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that are past due. Service interrupted for nonpayment is subject to a $15 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by InternetPEI/Bellweather may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes: All payments to InternetPEI.com/Bellweather.net are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in InternetPEI’s/Bellweather’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay InternetPEI/Bellweather an “Administrative Fee” of not less than $50 and not more than $150.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: Requests for canceling accounts may be made by email with at least 30 days notice but not more than 60 days prior notice to:

For cancellations email customer service at info@bellweather.net

You must have all account information to cancel.

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by InternetPEI.com/Bellweather.net on behalf of the account holder a handling fee will be incurred.

10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to InternetPEI.com/Bellweather.net will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by InternetPEI.com/Bellweather.net on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11. Support Boundaries: InternetPEI/Bellweather, provides technical support to our subscribers (except for few holidays and short company meetings when we close our offices.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: InternetPEI provides support related to your server or virtual site physical functioning. InternetPEI/Bellweather does not offer tech support for application specific issues such as cgi programming, html or any other such issue. InternetPEI/Bellweather does not provide technical support for YOUR customers if you are a reseller. If you can email, we encourage you to email support@bellweather.net for assistance. If you are able to get online and have other questions, the answers may be on our homepage – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

12. SPAM and Unsolicited Commercial Email (UCE): InternetPEI/Bellweather takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of InternetPEI/Bellweather may not use or permit others to use our network to transact in UCE. Customers of InternetPEI/Bellweather may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of InternetPEI’s/Bellweather’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, InternetPEI/Bellweather will initiate an immediate investigation (within 48 hours of notification). During the investigation, InternetPEI/Bellweather may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, InternetPEI/Bellweather may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, InternetPEI/Bellweather reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. InternetPEI/Bellweather will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $150 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $300 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that InternetPEI/Bellweather personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the InternetPEI/Bellweather network, it is advisable that Customers develop a similar, or stricter, policy for their clients if they become resellers of InternetPEI hosting services.

IMPORTANT NOTICE:

BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our network.

13. Network

IP Address Ownership: If InternetPEI/Bellweather assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to InternetPEI/Bellweather, and Customer shall have no right to use that Internet Protocol address except as permitted by InternetPEI/Bellweather in its sole discretion in connection with the Services, during the term of this Agreement. InternetPEI/Bellweather shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by InternetPEI/Bellweather, and InternetPEI/Bellweather reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). InternetPEI/Bellweather will monitor Customer’s bandwidth and disk usage. InternetPEI/Bellweather shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in InternetPEI/Bellweather’s sole and absolute discretion. If InternetPEI/Bellweather takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, InternetPEI/Bellweather may, at its sole discretion, collect a deposit, in an amount determined by InternetPEI/Bellweather, against customer’s credit card on file with InternetPEI/Bellweather.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the InternetPEI/Bellweather Network. Violations of system or network security may result in civil or criminal liability. InternetPEI/Bellweather will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

14. Notification of Violation:

InternetPEI/Bellweather is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

First violation: Any User, which InternetPEI/Bellweather determines to have violated any element of this TOS, shall receive an email, warning them of the violation. The service may be subject at InternetPEI/Bellweather’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation: Users that InternetPEI/Bellweather determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

InternetPEI reserves the right to refuse any new accounts or to terminate current accounts if we feel it would compromise any of our servers or compromise any of our other clients websites.

15. Suspension of Service or Cancellation: InternetPEI/Bellweather reserves the right to suspend or cancel network access to any customer if in the judgment of the InternetPEI/Bellweather network administrators the customer’s is in violation of any of the other terms of the TOS or for any other reason which InternetPEI/Bellweather chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s account were suspended.

16. InternetPEI/Bellweather reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of InternetPEI/Bellweather must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

17. Indemnification: InternetPEI/Bellweather wishes to emphasize that in agreeing to the Terms of Service (TOS), customer indemnifies InternetPEI/Bellweather for any violation of the Terms of Service (TOS) that results in loss to InternetPEI/Bellweather or the bringing of any claim against InternetPEI by any third-party. This means that if InternetPEI/Bellweather is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against InternetPEI/Bellweather, plus all costs and attorney’s fees.

18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

InternetPEI/Bellweather takes no responsibility for any material input by others and not posted to the InternetPEI/Bellweather Network by InternetPEI/Bellweather. InternetPEI/Bellweather is not responsible for the content of any other websites linked to the InternetPEI/Bellweather Network; links are provided as Internet navigation tools only. InternetPEI/Bellweather disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

InternetPEI/Bellweather is not responsible for any damages your business may suffer. InternetPEI/Bellweather does not make implied or written warranties for any of our services. InternetPEI/Bellweather denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by InternetPEI/Bellweather.

It is absolutely forbidden to host pornographic on your account. Accounts found hosting this material will be subject to immediate cancellation without refund.

It is absolutely forbidden to also host illegal software on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund and may face legal action.

Admin rental: If you are not an InternetPEI/Bellweather client, we can provide admin work on your site, server, webpage, domain recovery, etc for a hourly rate of $80 per hour with a 30 minute mimimum for the admin rental costs.

19. Responsibility for Content: You, as InternetPEI/Bellweather’s customer, are solely responsible for the content stored on and served by your hosting account.

20. Transfer of this agreement: SUBSCRIBER shall not transfer or assign this Agreement without the prior written consent of the InternetPEI/Bellweather. InternetPEI/Bellweather may assign Agreement at anytime without consent from or notice to SUBSCRIBER.

21. InternetPEI/Bellweather reserves the right to remove illegal or otherwise offensive material from personal or commercial websites hosted with us if deemed offensive by InternetPEI/Bellweather. We reserve the right to remove content if we find that it abuses the server performance or affects any other users’ websites.

22. Downtime: Occasional downtime may be expected due to weather/hardware failure/server upgrades/maintenance or other acts of god and users are recommended to backup their own files incase there is ever a server failure. InternetPEI/Bellweather will not be held responsible for lost data (email, website, etc).

23. Search Engine Submission: InternetPEI/Bellweather will submit your website to search engines on your behalf if you purchase the search engine package. We cannot guarantee the submission of your site to some search engines or site rank in some engines as that is beyond our control. Once the website is submitted it is up to the search engines to list the site. It is up to the SUBSCRIBER to keep a current list of meta tags on their website.

24. Backups: Data backups of personal or commercial web space can be done by the user through the Control Panel. We recommend this to be done by the user on a regular basis. InternetPEI/Bellweather is not responsible for lost WebPages or files of any kind.

a: BACKUPS & RESTORES: Users can backup and restore their sites through their Cpanel. If an user requests server admins to restore their site, the first time there is no charge. Further restores by server admins will be charged $10 CAD. Backups of websites are the responsibility of the client.

 25. Specials: Occasionally InternetPEI/Bellweather will offer specials on new signups. ie: Double bandwidth/Double storage. This offer is valid as long as your account is paid up and in good standing with InternetPEI/Bellweather. If on any specials a domain name is included in a yearly paid signup, If for any reason you decide not to continue hosting with InternetPEI/Bellweather after the 30 day money back guarantee. You will be responsible for the purchase of the domain name which would be subtracted from your current hosting refund.

COPYRIGHT (C) 2011, INTERNETPEI/BELLWEATHER. ALL RIGHT RESERVED