This Agreement is between the registered EZnet.ca customer (known herein as “Customer”) and the Internet services provider under the company Bit Stream Studios (known herein as “EZnet.ca”). This Agreement shall remain in effect between these parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Termination
Either party may terminate this Agreement without cause if properly cancelled inside the members area. Nothing in this paragraph however shall limit EZnet.ca right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.
In the event that EZnet.ca elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that EZnet.ca elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
Liability
Customer agrees that EZnet.ca shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that EZnet.ca shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold EZnet.ca liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
EZnet.ca is not liable for customer site content backups on their shared hosting platforms. EZnet.ca has made every reasonable attempt to protect the security and integrity of customer’s web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL EZNET.CA LIABILITY EXCEED THE TOTAL VALUE PAID TO EZNET.CA BY CUSTOMER.
Representation and/or Warranties
EZnet.ca makes no representations and cannot guarantee that Customer’s domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold EZnet.ca liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party. Client Content, Backups and Data Loss
EZnet.ca assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on EZnet.ca Servers, or of any database maintained on any server operated by EZnet.ca.
AT NO TIME SHALL EZNET.CA ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Security
Customer understands that the Internet and other various networking communications are not secure. EZnet.ca has made every reasonable attempt to protect the security and integrity of customer’s data.
Applicable Laws
Customer will ensure that its use of the Internet and any service provided by EZnet.ca to it complies with all applicable national, provincial and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, EZnet.ca shall have the right to consider same a breach of this Agreement by customer which shall entitle EZnet.ca to terminate Customer immediately without prior notice.
It shall be within the sole discretion of EZnet.ca to deem material as inappropriate.
Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer’s password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. EZnet.ca shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL EZNET.CA LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN EZNET.CA AND CUSTOMER.
EZnet.ca will use its best efforts to maintain the integrity and security of Customer’s password.
Scripts Prohibited From EZnet.ca Servers
Formmail.pl – We do not allow ANY version of formmail from Matt’s Scripts.
Please use formmail.PHP or the secure version of formmail 1.9s available at
http://www.monkeys.com/anti-spam/filtering/formmail.html
Pirated software, warez or illegal MP3
Hackers programs or archives
Proxys/Port “Bouncers” etc (BNC, shelld)
IRC and IRC bots (BitchX, eggdrop, etc.)
Third party chat scripts (para is OK)
Sites with banners, graphics, or CGI’s running from their domain used on other domains
Minivend daemons
UltimateBBS (UBBS – all versions)
Yabb-cgi
smartsearch.cgi
Ikonboard (all versions)
IRC Egg Drops
psybnc (all versions)
Proxy Scripts and Servers
nph-proxy
The Anonymizer
Improperly installed formmail scripts
any soap mailers
Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall EZnet.ca be responsible for this cost.
Mail Services
EZnet.ca mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
Web based e-mail is provided by EZnet.ca for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on EZnet.ca servers may be deleted after 90 days. EZnet.ca does not backup the mail accounts of its customers and customers store their e-mail on EZnet.ca servers at their own risk. Customer can make a backup of their data at any time through the hosting control panel. (https://eznet.ca:10000/)
Bandwidth Usage
EZnet.ca reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by EZnet.ca will be given the option to pay for excess usage at a rate specified with hosting package purchased, or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.
Hosting Account Ownership
The billing contact, as registered with EZnet.ca is considered to be the account owner. EZnet.ca will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
Legal Action
Customer agrees to indemnify and hold EZnet.ca harmless in any legal action which arises as a result of Customer use of EZnet.ca services, without limitation or exception including, but not limited to any action brought against Customer by a third party.
Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the province of Ontario. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE PROVINCE OF ONTARIO.
Headings
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
Modification
The terms and conditions of this Agreement may be modified at the discretion of EZnet.ca with 30 days’ notice to Customer.
Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify EZnet.ca via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer’s acceptance of same.
Renewal
Customer’s failure to properly notify EZnet.ca of its objections to any of the terms and conditions set forth herein shall constitute Customer’s acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. EZnet.ca current Terms and Conditions may be viewed at http://eznet.ca/terms-of-use/.
Fees
Setup fees are non-refundable. EZnet.ca does not issue refunds for fees paid in advance or for fees and/or payment made towards your account after the first 30 days of Service.
One time fees including but not limited to additional features, change domain name and upgrade/renew fees are non-refundable.
Current pricing for EZnet.ca services may be obtained by checking price pages in http://www.eznet.ca, EZnet.ca reserves the right to change prices, rates and/or institute new charges/fees at any time.
Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of EZnet.ca.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, EZnet.ca RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
EZnet.ca may, at its sole discretion, charge a fee of US$20.00 or greater to reinstate a suspended account.
If you believe that EZnet.ca has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please submit a trouble ticket located inside the members area.
Any site found to be in violation of the Acceptable use Policy will be suspended/removed and subject to a $20.00 fee.
Cancellation
Customer will acknowledge that once a cancellation order is requested, the service will be stopped and removed from our servers.
All cancellation requests MUST be done from inside the members area located at: https://eznet.ca/whmcs
If a cancellation is received from inside the members area OR from the credit card processing company, the account will be terminated from that said day.
Spam Policy
*** NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM) ***
EZNET.CA STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY EZNET.CA, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ACCESS TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. EZNET.CA DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON EZNET.CA SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN’S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON EZNET.CA SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY EZNET.CA IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND IMPROVED MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF EZNET.CA SMTP SERVERS.
CUSTOMER ACKNOWLEDGES THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND HEREBY AGREES NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY EZNET.CA OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.
Terms Of Use
Terms & Policy
This Agreement is between the registered EZnet.ca customer (known herein as “Customer”) and the Internet services provider under the company Bit Stream Studios (known herein as “EZnet.ca”). This Agreement shall remain in effect between these parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Termination
Either party may terminate this Agreement without cause if properly cancelled inside the members area. Nothing in this paragraph however shall limit EZnet.ca right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.
In the event that EZnet.ca elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that EZnet.ca elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
Liability
Customer agrees that EZnet.ca shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that EZnet.ca shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold EZnet.ca liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
EZnet.ca is not liable for customer site content backups on their shared hosting platforms. EZnet.ca has made every reasonable attempt to protect the security and integrity of customer’s web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL EZNET.CA LIABILITY EXCEED THE TOTAL VALUE PAID TO EZNET.CA BY CUSTOMER.
Representation and/or Warranties
EZnet.ca makes no representations and cannot guarantee that Customer’s domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold EZnet.ca liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party. Client Content, Backups and Data Loss
EZnet.ca assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on EZnet.ca Servers, or of any database maintained on any server operated by EZnet.ca.
AT NO TIME SHALL EZNET.CA ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Security
Customer understands that the Internet and other various networking communications are not secure. EZnet.ca has made every reasonable attempt to protect the security and integrity of customer’s data.
Applicable Laws
Customer will ensure that its use of the Internet and any service provided by EZnet.ca to it complies with all applicable national, provincial and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, EZnet.ca shall have the right to consider same a breach of this Agreement by customer which shall entitle EZnet.ca to terminate Customer immediately without prior notice.
It shall be within the sole discretion of EZnet.ca to deem material as inappropriate.
Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer’s password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. EZnet.ca shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL EZNET.CA LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN EZNET.CA AND CUSTOMER.
EZnet.ca will use its best efforts to maintain the integrity and security of Customer’s password.
Scripts Prohibited From EZnet.ca Servers
Formmail.pl – We do not allow ANY version of formmail from Matt’s Scripts.
Please use formmail.PHP or the secure version of formmail 1.9s available at
http://www.monkeys.com/anti-spam/filtering/formmail.html
Pirated software, warez or illegal MP3
Hackers programs or archives
Proxys/Port “Bouncers” etc (BNC, shelld)
IRC and IRC bots (BitchX, eggdrop, etc.)
Third party chat scripts (para is OK)
Sites with banners, graphics, or CGI’s running from their domain used on other domains
Minivend daemons
UltimateBBS (UBBS – all versions)
Yabb-cgi
smartsearch.cgi
Ikonboard (all versions)
IRC Egg Drops
psybnc (all versions)
Proxy Scripts and Servers
nph-proxy
The Anonymizer
Improperly installed formmail scripts
any soap mailers
Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall EZnet.ca be responsible for this cost.
Mail Services
EZnet.ca mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
Web based e-mail is provided by EZnet.ca for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on EZnet.ca servers may be deleted after 90 days. EZnet.ca does not backup the mail accounts of its customers and customers store their e-mail on EZnet.ca servers at their own risk. Customer can make a backup of their data at any time through the hosting control panel. (https://eznet.ca:10000/)
Bandwidth Usage
EZnet.ca reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by EZnet.ca will be given the option to pay for excess usage at a rate specified with hosting package purchased, or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.
Hosting Account Ownership
The billing contact, as registered with EZnet.ca is considered to be the account owner. EZnet.ca will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
Legal Action
Customer agrees to indemnify and hold EZnet.ca harmless in any legal action which arises as a result of Customer use of EZnet.ca services, without limitation or exception including, but not limited to any action brought against Customer by a third party.
Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the province of Ontario. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE PROVINCE OF ONTARIO.
Headings
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
Modification
The terms and conditions of this Agreement may be modified at the discretion of EZnet.ca with 30 days’ notice to Customer.
Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify EZnet.ca via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer’s acceptance of same.
Renewal
Customer’s failure to properly notify EZnet.ca of its objections to any of the terms and conditions set forth herein shall constitute Customer’s acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. EZnet.ca current Terms and Conditions may be viewed at http://eznet.ca/terms-of-use/.
Fees
Setup fees are non-refundable. EZnet.ca does not issue refunds for fees paid in advance or for fees and/or payment made towards your account after the first 30 days of Service.
One time fees including but not limited to additional features, change domain name and upgrade/renew fees are non-refundable.
Current pricing for EZnet.ca services may be obtained by checking price pages in http://www.eznet.ca, EZnet.ca reserves the right to change prices, rates and/or institute new charges/fees at any time.
Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of EZnet.ca.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, EZnet.ca RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
EZnet.ca may, at its sole discretion, charge a fee of US$20.00 or greater to reinstate a suspended account.
If you believe that EZnet.ca has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please submit a trouble ticket located inside the members area.
Any site found to be in violation of the Acceptable use Policy will be suspended/removed and subject to a $20.00 fee.
Cancellation
Customer will acknowledge that once a cancellation order is requested, the service will be stopped and removed from our servers.
All cancellation requests MUST be done from inside the members area located at: https://eznet.ca/whmcs
If a cancellation is received from inside the members area OR from the credit card processing company, the account will be terminated from that said day.
Spam Policy
*** NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM) ***
EZNET.CA STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY EZNET.CA, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ACCESS TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. EZNET.CA DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON EZNET.CA SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN’S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON EZNET.CA SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY EZNET.CA IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND IMPROVED MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF EZNET.CA SMTP SERVERS.
CUSTOMER ACKNOWLEDGES THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND HEREBY AGREES NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY EZNET.CA OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.