BambooCricket Hosting. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service) and AUP (Acceptable Use Policy).
Use of BambooCricket Hosting Service constitutes acceptance and agreement to BambooCricket Hosting’s Acceptable Use Policy as well as BambooCricket Hosting’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of BambooCricket Hosting and AUP (Acceptable Use Policy). The AUP 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 the province of Ontario, applicable to contracts enforceable in that province. Venue will be Toronto, Ontario.
Terms Of Service
1. Disclosure to Law Enforcement: The AUP 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 BambooCricket Hosting 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 year or on the anniversary of the month for that month's service depending on the payment terms that the Subscriber has selected at the Signup stage. All accounts and services provided by BambooCricket Hosting are subject to the current GST tax rate as imposed by the Province of Ontario which is currently 5%. The above applies to all accounts and services provided by BambooCricket Hosting. Sign-ups made by credit card will be charged automatically when new invoices are generated, this includes but is not limited to domains and annually billed hosting packages. Check/Invoice types will also be automatically invoiced, with a due date 5 days after the invoice generation. Credit cards are charged on the 1st of the month, 5 days after invoice generation.
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 reach 14 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by BambooCricket Hosting 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. There will also be an additional $20.00 penalty for cheques that are returned by BambooCricket Hosting’s financial institution marked as NSF (bounced).
5. Refund and Disputes: All payments to BambooCricket Hosting are nonrefundable. This includes the domain name registration charge (if applicable) and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within sixty (60) days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in BambooCricket Hosting’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay BambooCricket Hosting 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 in writing with at least 30 days notice but not more than sixty (60) days prior written notice and sent to:
Bamboo Cricket Hosting Attn: Cancellations
PO Box 1005
Mississauga, ON, L4Y 3W3
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 one to three (1-3) business days. Due to unforeseen complications, however, this process may sometimes require up to seven (7) business days. If the new domain is registered by the account holder, there will be no registration fee. If the domain is registered by BambooCricket Hosting on behalf of the subscriber, a registration fee will be incurred.
ICANN’s Registrant Rights and Responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights/educational
ICANN’s Registrant Benefits and Responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to BambooCricket Hosting. will require a minimum of two to three (2-3) 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 BambooCricket Hosting on behalf of the account holder a $10.00 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: BambooCricket Hosting, provides technical support to our subscribers via support tickets, these can be submitted 24 /7. We limit our technical support to our area of expertise. The following is our guidelines when providing support: BambooCricket Hosting provides support related to your account or site physical functioning. BambooCricket Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you are able to get online and have other questions, the answers may be on our home page at www.bamboocrickethosting.com in our knowledgebase- 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.
Users should have a basic understanding of uploading via FTP and setting up email accounts before signing up for a hosting account. These are the most basic functions of your account.
12. SPAM and Unsolicited Commercial Email (UCE): BambooCricket Hosting 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 BambooCricket Hosting may not use or permit others to use our network to transact in UCE. Customers of BambooCricket Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. 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.
a. Violation of BambooCricket Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BambooCricket Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, BambooCricket Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BambooCricket Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, BambooCricket Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BambooCricket Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $25 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $50 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 BambooCricket Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As part of our SPAM POLICY we do not permit the use of any "Mailing List", "Newsletter" or other mass mailing programs on our server. The use of these may result in immediate loss of service.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our server. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our server and network without notice to the customer. Any Subscriber guilty of a second violation WILL be immediately and permanently removed from our network without notice.
a. 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 during Signup. BambooCricket Hosting will monitor Customer's bandwidth and disk usage. BambooCricket Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the allocated amount. 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 BambooCricket Hosting’s sole and absolute discretion. If BambooCricket Hosting 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, BambooCricket Hosting may, at its sole discretion, create an invoice for the amount required that will be paid for by the Subscriber.
b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the BambooCricket Hosting Network. Violations of system or network security may result in civil or criminal liability. BambooCricket Hosting 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. BambooCricket Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which BambooCricket Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at BambooCricket Hosting’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Severe violations may result in immediate termination of service, even on the first violation.
c. Second Violation: Users that BambooCricket Hosting 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.
d. We reserve the right, to remove the account 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 if denial of service attacks are originating from your account. 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.
15. Suspension of Service or Cancellation: BambooCricket Hosting reserves the right to suspend access to any customer if in the judgment of the BambooCricket Hosting network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which BambooCricket Hosting 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 machines were suspended.
16. BambooCricket Hosting reserves the right to amend its policies at any time. All Subscribers of BambooCricket Hosting 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 users in the matter described on these Terms and conditions. Therefore, it is in your best interest to monitor the usage of anyone using your account for any reason.
17. Indemnification: BambooCricket Hosting wishes to emphasize that in agreeing to the BambooCricket Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies BambooCricket Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to BambooCricket Hosting or the bringing of any claim against BambooCricket Hosting by any third-party. This means that if BambooCricket Hosting is sued because of a customer's or a user of a customer's activity, the customer will pay any damages awarded against BambooCricket Hosting, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for yourself. E-mail, fax, and telephone contacts are used, in that order of preference.
a. 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.
b. 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.
c. BambooCricket Hosting takes no responsibility for any material input by others and not posted to the BambooCricket Hosting Network by BambooCricket Hosting. BambooCricket Hosting is not responsible for the content of any other websites linked to the BambooCricket Hosting Network; links are provided as Internet navigation tools only. BambooCricket Hosting 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.
d. BambooCricket Hosting is not responsible for any damages your business may suffer. BambooCricket Hosting does not make implied or written warranties for any of our services. BambooCricket Hosting 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 BambooCricket Hosting.
19. Responsibility for Content: You, as BambooCricket Hosting’s customer, are solely responsible for the content stored on and accessed through your BambooCricket Hosting account.
20. Courtesy Upgrades: In the event that our packages change, our users will be elegable for a free upgrade at the same price point. For yearly clients, if you would like to upgrade that upgrade can be done at the end of your 1 year term, but we will need notice before your invoice is generated. If you are monthly, we ask that you not request a downgrade within 6 months of your coutresy upgrade. If you would like to downgrade as a monthly client before 6 months we may ask that you cancel and re-activate your account.
*All Payments To BambooCricket Hosting (The Takeover Group) Are Non-Refundable*
If available, please provide the following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. BambooCricket Hosting may take any one or more of the following actions in response to complaints:
• Issue written or verbal warnings
• Suspend the Member's newsgroup posting privileges
• Suspend the Member's account
• Terminate the Member's account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
BambooCricket Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).