Terms of Service and Acceptable Use Policy
Terms of Service
SeeThrough Web. ("STW") agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).
Use of STW services and resources constitutes acceptance and agreement to STW's Terms Of Service & Acceptable Use Policy.
All provisions of contracts with STW are subject to the Terms Of Service (TOS) and Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) may be changed from time to time at the sole discretion of STW. Members understand that changes in the Acceptable Use Policy (AUP) are not grounds for non-payment or early contract termination.
1. Disclosure: The subscriber gives STW consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, STW reserves the right to terminate all services to this account without refund.
2. Service Rates: The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that STW may from time to time change the specified rates and charges. All offers are contingent on STW meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses.
3. Payment: Establishment of services is dependent upon receipt by STW of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. All services provided by STW are billed in Canadian currency (CAD) unless otherwise stated at time of purchase. Residents of Canada are subject to applicable taxes on all purchases.
4. Payments and Fee's: Credit cards which are declined may be subject to a $10.00 declination fee. Payments on credit cards which are reversed for any reason will be subjected to a $100.00 reversal fee. Services may be interrupted on any accounts which reach 14 days past due. Accounts interrupted as a result of non-payment will be subjected to a $100.00 reconnection fee. Accounts which are not paid by their due date are subject to a $15.00 late fee. Any additional service fee's, including technical support, bandwidth overage charges, and other additional fines, or fee's will be charged at the end of the month, or at STW's discretion. Accounts which can not be collected by STW may be turned over to an outside collection agency, and the subscriber agrees to pay a $100.00 Collection Fee. Cheques: NSF cheques will be subject to a $ 15.00 NSF fee.
5. Refunds and Disputes: All payments to STW are non-refundable unless stated otherwise by STW at the time of the dispute. All disputes of charges must be reported within 45 days of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at STW's sole discretion a valid charge under the provisions of the Acceptable Use Policy (AUP) and/or Terms Of Service (TOS), the subscriber agrees to pay STW a $100.00 reversal fee.
6. Failure to Pay: STW reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges, plus reasonable interest and all collection fee's. STW reserves the right to retain any and/or all of a customers equipment in the event of failure to pay. Should the customer fail to make upon appropriate payment arrangements with STW within 60 days, STW reserves the right to liquidate customer equipment, in part, or in whole, to repay overdue accounts.
7. Account Cancellation: All requests concerning account cancellations must be sent to STW with at least 30 days notice, but not more then 40 days notice. All account cancellations must be confirmed with STW. When requesting an account cancellation, the subscriber must have all information relating to their account on hand for verification.
8. Availability of Services: The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of STW. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that STW shall not be liable for damages arising from causes beyond the direct and exclusive control of STW. The subscriber also acknowledges that STW's liability for it's own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occurred. In no event whatsoever shall STW be responsible or liable for any special or consequential damages, loss, or injury.
9. Domain Related: All accounts involving the registration, or transfer of an existing domain name will be set up and entered into STW's DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications transfer of domain should take more then 7 days, and the subscriber cancels service before 60 days have incurred all charges will be considered valid and earned.
10. Support Boundaries: STW reserves the right to limit it's technical support to it's area of expertise. STW provides support for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate in 30 minute minimum intervals.
11. SPAM: The subscriber acknowledges that STW defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.
12. Internet Protocol (IP) Address Ownership: All Internet Protocol (IP) addresses which are assigned to subscribers belong only to STW. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by STW in it's sole discretion. STW shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assign's.
13. Bandwidth/Disk: The subscriber agrees that should they exceed allocated disk space or bandwidth, they shall pay STW the respective "overage" charges which have been communicated, and/or made available to the subscriber. STW reserves the right to deny additional disk space, or bandwidth usage which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fee's paid in advance prior to such corrective action.
14. Offensive Materials: STW reserves the right to remove any and all materials which are deemed to be offensive by STW. The subscriber is aware that STW may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should STW choose to take any action relating to materials or content which STW deems as offensive shall not entitle the subscriber to a refund of any form.
15. Violation of Terms Of Service/Acceptable Use Policy: STW is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy (AUP) have occurred. STW assumes no responsibility though its Acceptable Use Policy (AUP) to monitor or 'police' Internet-related activities. The subscriber is aware that STW shall deal with each violation of the Acceptable Use Policy (AUP) and/or all other issues on a case-by-case basis, and is aware that STW is under no obligation to provide "warnings" under any circumstances. STW may choose to "warn" subscribers STW feels that the subscriber may be breaking the Acceptable Use Policy (AUP).
16. Appearance and Network Protection: STW reserves the right to protect it's network, resources, and services from influences which threaten to disrupt, or degrade STW's network, resources, or services. The subscriber is aware that STW may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to STW's resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of STW, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using STW's services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxy's/relays.
17. Service Cancellation/Suspension: STW reserves the right to cancel or suspend any subscribers service which STW feels may be the target, or source of any violations of the Acceptable Use Policy (AUP), or for any other reasons STW chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of STW's investigation. STW will is under no obligation to refund, or credit the subscribers account(s) for such service interruptions.
18. Indemnification: The subscriber indemnifies STW for any violation of the Acceptable Use Policy (AUP) and Terms Of Service (TOS) that results in loss to STW, or the bringing of any claim against STW by any third-party. If any damages are awarded against STW as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against STW, and all attorneys fee's.
19. Waiver: The subscriber understands that should STW choose to give the subscriber a waiver for any breach of the Acceptable Use Policy (AUP), it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy (AUP), or as a waiver for any other breaches of the Acceptable Use Policy (AUP).
20. Transfer of Ownership: The subscriber shall not transfer, or assign this agreement without the prior written consent of STW. STW reserves the right to cancel customers rights under this contract at anytime without further obligation.
21. Damages: STW is not responsible for any damages which may damage the subscribers business. STW does not make any written or implied warranties for any services it may offer. STW denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by STW.
22. Content: The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through STW's services and/or resources.
Acceptable Use Policy
The following items are violations of STW's Acceptable Use Policy (AUP):
1. Illegal Activities: STW services may not be used for illegal purposes, or in any form support illegal activities. STW reserves the right to cooperate with legal authorities and/or injured parties in the investigation of any suspected illegal activities.
2. Threats and Harassment: Use of STW services to transmit any materials (by e-mail,up-loading, posting, messaging, etc.) to threaten or harass other subscribers, or other third parties.
3. Fraudulent Activity: Use of STW services and/or resources to make fraudulent offers to buy or sell items, services, or any type of "scam" such as but not limited to "chain letters", "pyramid schemes",etc.
4. Impersonation: Modifying network information in an effort to mislead or deceive, with or without bad intent. Attempting to assume the identity of someone else using modified network information, including packet headers, and e-mail headers or other identifying information.
5. Bulk E-mail/SPAM: Use of STW services to transmit any solicited, or unsolicited e-mail, News-group, Internet Relay Chat (IRC), or other forms of SPAM is prohibited. Any and all violations of this nature will result in the immediate termination of the offending subscribers account(s) without refund. Accounts which are terminated for this reason are subject to a $250.00 "clean-up" fee, and may result in notification to the proper authorities, on STW's sole discretion.
6. Denial of Service (DoS) Attacks: Use of STW's services and/or resources in ANY attempt to disrupt, interfere, damage, degrade or interrupt another networks, or parties ability to use STW's services, or the Internet is strictly prohibited. It is each members responsibility to ensure that their network is configured in a manner which is deemed by STW as secure. A subscriber may not through inaction or action allow their services to be used by their users, or third parties for inappropriate or illegal actions.
Members may not configure their network, or neglect to reconfigure their network in any manner which would allow for a third party in an inappropriate or illegal manner. Unauthorized entry as the result of neglect will become the responsibility of the member; They will assume all responsibility for actions, fines, penalties and potential termination of service which may result from Unauthorized entry.
7. Unauthorized Access: Use of STW's services or resources in any attempt to infiltrate, access, probe, another subscribers account, or account information is prohibited. Use of STW's services or resources in any attempt to circumvent, or probe STW's, or third parties security measures, hardware or software, or electronic communications system, or telecommunications systems, is prohibited.
8. Collection or Storage of Personal Information: Use of STW's services in any attempt to collect or store personal information of third parties, without their knowledge and/or consent is strictly prohibited.
9. Copyright, Patent, Trademark, and Trade Secret Infringement: Any form of distribution, of the aforementioned Infringements will not be tolerated.
10. Distribution of Harmful programs: Use of STW's services or resources to intentionally or knowingly distribute software which may cause damage, harassment, or annoyance to third parties, data, or computer systems, including but not limited to the distribution of Viruses, Virii, Trojans, "Droppers", etc. is strictly prohibited.
11. Unacceptable use of software: Use of software with the intent of facilitating a continual connection from, or to STW's network is prohibited. This includes use of software for the needless transmission of data, to or from STW's network with the intent of occupying network resources.
12. Third Party Accountability: All STW members will be held solely responsible and accountable any and all activities performed by third parties, using the said members account or services, which are in violation of the Acceptable Use Policy (AUP).
13. Revisions of the Acceptable Use Policy: STW reserves the right to revise or modify our Acceptable Use Policy (AUP) at any time and in any manner. It is the subscribers responsibility to keep up to date with the current contents of the Acceptable Use Policy (AUP). STW will provide notice of changes to the Acceptable Use Policy (AUP) whenever reasonably possible, which is determined solely by STW.
14. Adult Materials: Use of STW's services or resources to store, transmit, or create adult oriented materials is strictly prohibited. STW reserves the right to remove any adult materials it deems offensive from its network, by means of deleting, or removing the resource housing them from the network. STW reserves the right to remove adult materials with, or without consent of the account owner, and without prior notice.
15. Internet Relay Chat (IRC): Use of STW services or resources to establish connections to IRC networks, or host Internet Relay Chat Daemons (IRCD) is strictly prohibited unless approved in writing by STW. This includes use of "Eggdrop bots", and "Energy Mech bots (EMech)". Any accounts found to be disobeying this rule may be subject to immediate termination. Any servers or accounts which attract a Denial of Service (DOS) attack as a result of IRC related connections may be subject to immediate account cancellation without refund and without notice, regardless of having STW's written permission or consent.
16. Offensive Materials/Content: Use of STW services or resources to display, distribute, upload, post, discuss, or create materials which STW deems to be offensive is strictly prohibited. This may include, but is not limited to: pornography, beastiality, hentai, yaoi, materials which depict bodily harm, hate related/motivated materials, anti-gay materials, anti-lesbian materials, Ku-Klux Klan related materials, satan related materials, etc.