Terms of Use Policy (TUP)
This TUP refers to all YukonSoft Corporation Services.
However, in the event of a conflict between the terms of this TUP and a
signed YukonSoft Corporation Services Agreement, the terms of the YukonSoft
Corporation Services Agreement will prevail.
1)
SERVICE. YukonSoft Corporation will sell and
Customer will purchase certain Services. YukonSoft Corporation Services are
defined as the use by the Customer of computing, telecommunications,
software, and information services provided by YukonSoft. These services also
include the provision of access to computing, telecommunications, software,
and information services provided by others via the Global Internet.
a) Web
Hosting Service means - Any act of serving the Customer including Shared or
Dedicated Server Services being provided by YukonSoft, regardless of its
duration and whether it's a paid service or a service for free. The
Services are provided "as is" and "as available" without
warranties or conditions of any kind.
b) Without limiting the scope of item 1.a.
above, YukonSoft Corporation will provide services on its host computing
systems to individual Customers in exchange for payment of fees and
compliance with the terms and conditions of this document.
c)
Connectivity Service means connection of the customer to
the Internet via a telecommunications facility, and includes Virtual
Private Network (VPN) Services.
2) DOMAIN NAME
REGISTRATIONS. YukonSoft's role in the
registration of a domain name is limited to the submission of the
registration request to the appropriate registrar (the
"Registrar"). YukonSoft Corporation does not and cannot guarantee
that a particular application for a domain name will be accepted or approved.
Please note each individual domain name constitutes a single
submission.
a)
YukonSoft Corporation will submit application to the
Registrar as provided. It is the registrant's responsibility to
provide accurate information. Any change to the original information
has to be made directly to the Registrar and not to YukonSoft. Be
advised that upon registering a domain name with Network Solutions, Inc
and WebNames.ca, Inc. you will be subject to the Terms and Conditions
of these registrars, or other registries as applicable.
3) TERM.
The term of use is month to month, unless otherwise agreed
upon. The Customer's Web Hosting services will be automatically renewed
on the final day of the Term unless terminated in accordance with Section
5.
4) TRAFFIC RESTRICTIONS. For nearly all of our business customers, there will be no practical limit on the amount of traffic through either your DSL connection or to and from your website. (Among our thousands of business customers, over 99% currently use less than 2GB of traffic per month.) For the 1% of our customers who have heavy traffic requirements, you will be charged for excess traffic above certain limits:
For all hosting customers, excess traffic charges will apply above 10GB per month.
For Small Business Solutions customers, the traffic limits are as follows:
For DSL Connectivity only customer, the traffic limits are as follows:
Customers, who exceed their allotted traffic limit, will be
charged $15.00* per GB of excess traffic, or the rate agreed to in their
YukonSoft Corporation Services Agreement.
* For all customers who may have signed onto an unlimited usage policy, the
preceding rates apply effective October 1, 2001.
TERMS/RATE
CHANGES
Rates and Terms are subject to change.
5)
TERMINATION.
a)For Cause. Either party may
terminate the Services for cause without penalty in the event that the
other party breaches any material term of this Policy, including but
not limited to Section 6 of this Policy. Prior to such termination, the
party intending to terminate shall first give the other party written
notice of its intent to terminate, which shall clearly describe the
problem(s) constituting cause. Customer shall cooperate with YukonSoft
Corporation in enforcing the TUP (www.yourcompany.com) or available
from YukonSoft Corporation at Customer's
request.
b) For
Convenience. Customer may terminate their Services at any time for convenience
after giving YukonSoft Corporation written notice 14 days before the
following payment period. In the event of such termination, Customer
forfeits all prepaid fees.
6) ABUSE OF
SERVICES. Any use
of YukonSoft Corporation system resources that disrupts the normal use of the
system for other YukonSoft Corporation customers is considered to be an abuse
of system resources and is grounds for administrative intervention. Some
examples of system abuse include, but are not limited to;
Account Abuse
Defined as those many and varied activities that would commonly be termed
abusive by computer professionals. These would include, but are not limited
to:
Attempts to misuse the proprietary information, intellectual property or property of others for their for their own purposes.
e-Mail SMTP Acceptable Use
Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by YukonSoft Corporation Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with YukonSoft Corporation Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Customer.
Unethical and criminal offenses are violations of YukonSoft Corporation conditions of use. You are expected to report to YukonSoft Corporation any information you may have concerning instances in which the conditions of use have been or are being violated. When YukonSoft becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, YukonSoft may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.
7)
BILLING. Customer is responsible for all
applicable charges for services rendered, as set forth in the Web Hosting and
Hosting Options pricing structure, as detailed at www.yourcompany.com at time
of order submission, plus all applicable taxes. Web Hosting is a pre-paid
service. Invoicing for Web Hosting Services is delivered after the charge has
already been applied to the credit card provided. If Customer is paying by
cheque or money order, Customer will be invoiced in advance of payment due.
Customer is required to pay in a minimum of three-month increments when
paying by Cheque (check) or money order. Invoices may be delivered by email,
fax or mail. Service interruption does not relieve Customer from the
obligation to pay the monthly charge. Additional fees may apply for NSF
payments, reactivations, terminations, and changes of service. Accounts are
in default if payment is not received within 30 days after day of invoice. If
Customer defaults, Customer agrees to pay YukonSoft Corporation its
reasonable expenses including solicitor and collection agency fees, incurred
in enforcing its rights under this Agreement. Accounts in default are subject
to an interest charge of 1.5% per month (19.56%. per annum).
8) USE OF
NETWORK. YukonSoft Corporation Services are
for the exclusive use of the Customer as contemplated by this TUP and is
restricted by the TUP. YukonSoft Corporation reserves the right to amend the
TUP from time to time. Customer acknowledges that it has read the TUP in
effect at the date hereof.
9) IP
ADDRESSES. YukonSoft Corporation maintains
control and ownership of any and all IP numbers and IP addresses that may be
assigned to the Customer and reserves in its sole discretion the right to
change or remove any and all IP numbers and addresses.
10) CUSTOMER
RESPONSIBILITY. It is YukonSoft
Company’s responsibility to install and maintain all YukonSoft's
hardware, software and Network Infrastructure. Customer will have sole
responsibility for ensuring that any additional software and services are
compatible with YukonSoft's requirements and that they continue to be
compatible with any modifications to any of the Services by YukonSoft
Corporation from time to time. YukonSoft Corporation, at its sole discretion
may deny any additional software application installations.
11) AGE OF
MAJORITY. YukonSoft Corporation cannot accept
agreements and payments from persons under the age of 18 years. Therefore,
YukonSoft Corporation requires that its agreements be made with a person who
is qualified to contract. As such, the Customer must be over the age of 18
years. Otherwise, a parent or guardian must accept the TUP and ensure the
proper payment.
12)
MODIFICATIONS. YukonSoft Corporation may, from
time to time, modify the charges (including late payment charges) or any
other term or condition of the Services provided that it gives the Customer
at least 30 days advance written notice. Customer shall have the option to
continue their Web Hosting services at the new charge or terminate their Web
Hosting services upon giving written notice to YukonSoft Corporation prior to
the expiration of the 30 day period referred to above.
13)
MISCELLANEOUS. This TUP shall be governed by
and construed in accordance with the laws of the Province of British Columbia
and the federal laws of Canada as applicable therein. YukonSoft Corporation
may assign its rights and obligations under this TUP without your prior
written consent. The Customer may not assign their Web Hosting services
without the prior written consent of YukonSoft Corporation, such consent not
to be unreasonably withheld. This TUP remains binding upon the parties and
their respective heirs, executors, trustees, successors, and
assigns.
14) DATA,
PROTECTION. Customer acknowledges having read
YukonSoft's Privacy & Security statement in effect at the date
hereof, available at www.yukonsoft.com
.
15) LIMITATION OF
LIABILITY. In no event will YukonSoft
Corporation be liable for:
a) incidental, indirect, special or
consequential damages or,
b)
any damages whatsoever resulting from loss of use, data or
profits arising out of or in connection with this TUP or the use or
performance of YukonSoft Services, whether in action or of contract or
tort including but not limited to negligence. YukonSoft's liability for
damage to property shall be limited to physical damage directly caused by the
sole negligence of YukonSoft Corporation and in not event shall exceed the
charges associated with the provision of the Services. No action may be
brought under this TUP more than two (2) years after its termination, or in
the event of default by one of the parties, more than two (2) years after
such default has come to the notice of the other party.
16)
INDEMNIFICATION. The Customer hereby covenants
and agrees to indemnify, defend and save harmless YukonSoft Corporation and
its Partners, employees, legal representatives, successors and assigns, and
each of them, from any and all claims, actions and suits, whether groundless
or otherwise, and from and against any and all liabilities, judgments,
losses, damages, costs, charges, lawyers' fees, and other expenses of
every nature and character by reason of the Partner's business and/or
actions in respect of this TUP. The Partner further covenants and agrees that
the provisions contained in this Section 16 shall survive the termination or
earlier expiration of the Customer's Web Hosting services and shall be
liberally construed in favour of YukonSoft.
17) FORCE
MAJEURE. YukonSoft Corporation shall not be
liable for any loss, damage, delay or failure to perform whole or in part
resulting from causes beyond YukonSoft's control, including, but not
limited to, war, acts of terrorism, fires, earthquakes, strikes, delays in
transportation, or requirements of any government agency.