wenmargraphics.com, wenmar.ca, wenmarhosting.com, wenmar1.com and wenmar2.ca are operated by WenMar Graphics. This service contract (hereinafter the "CONTRACT") is between WenMar Graphics and the applicant, You: (hereinafter CLIENT) who wishes Internet Web Hosting services with WenMar Graphics.
2. Relationship Between WenMar Graphics and CLIENT
a) WenMar Graphics will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b) CLIENT's rights and privileges can not be sold or transferred without the written consent and approval from WenMar Graphics sixty (60) days in advance.
c) This contract represents the complete understanding between CLIENT and WenMar Graphics. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
d) CLIENT agrees not to harm WenMar Graphics, it's reputation, computer systems, programming and/or other CLIENTS using WenMar Graphics' services.
3. Interruptions in Service
WenMar Graphics is not liable for any errors or interruption in service, whether within or outside of WenMar Graphics' reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold WenMar Graphics free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by WenMar Graphics or by third-party providers, or because of power interruptions or other causes.
4. Password Protection
CLIENT is responsible for protecting CLIENT'S password and for any authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use WenMar Graphics' service to guess passwords or to access other systems or networks without authorization. WenMar Graphics will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
5. Internet Etiquette
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which WenMar Graphics may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against WenMar Graphics by offended users. WenMar Graphics reserves the right to refuse or terminate service at any time. CLIENT will indemnify WenMar Graphics and hold WenMar Graphics harmless from any damage to WenMar Graphics' business, service, equipment, network(s) operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
WenMar Graphics has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse [at] wenmar1 [dot] com . The use of a hosting account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups. Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website. Examples of unacceptable material on all hosting plans include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Large collection of MP3 files and/or DVD/CD ISO Image Files
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
CLIENTS who provide the above mentioned content are in breach of the contract. WenMar Graphics may terminate service without notice and without any refunds of CLIENT's unused pre-paid portion of funds
7. Resource Usage
The following restrictions on shared hosting plans:
- Taking up more than 20% system resources for more than 90 seconds.
- Running unattended standalone server side daemons
- Running any scripts (web spider) which indexes websites
- Running any BitTorrent application, tracker, or client.
- Running any file-sharing/peer-to-peer activities
- Running any game servers
- Running any cronjobs less than 15 minute intervals
8. Backups and Data Loss
A self catered backup service through our Plesk panel is provided by request to our clients. It is the responsibility of the client to maintain backups, WenMar Graphics will not be responsible for files and/or data including email residing on your account. You agree to take full responsibility for files and data including email transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by WenMar Graphics. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
It is your responsibility to maintain backups. Please contact info [at] wenmar [dot] ca for optional automated backup services.
9. Uptime Guarantee
If your hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month. Justification must be given to WenMar Graphics in writing via email to info [at] wenmar [dot] ca and approval of credit is at the discretion of WenMar Graphics. All requests must be made in writing via email. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared and reseller plans. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10. Unsolicited Commercial Email
The WenMar Graphics network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of WenMar Graphics may not use, or permit others to use, the WenMar Graphics network(s) to send UCE. WenMar Graphics will not host, or permit hosting of sites or information that is advertised by UCE from other networks. WenMar Graphics will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on WenMar Graphics' network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. WenMar Graphics reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as "fair warning" as to WenMar Graphics' strict "NO SPAM" policy. WenMar Graphics reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of "NO SPAM" policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient's email address. WenMar Graphics reserves the right to fine the individual $1,000.00 per SPAM incident.
11. Warranty and Assumption of Risk
CLIENT uses WenMar Graphics services at CLIENT's own risk. WenMar Graphics makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. WenMar Graphics shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. WenMar Graphics has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
12. Term of Contract, Termination, and Renewal
a) All hosting contracts are on a recurring basis billed annually. CLIENT shall pay WenMar Graphics recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on WenMar Graphics's invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. WenMar Graphics may change prices without notice and it is the CLIENT's responsibility to check the website for updates. Grandfathered accounts will not be affected.
b) All cancellations by CLIENT of service or changes in service must be done in writing to WenMar Graphics. It can be done by email (info [at] wenmar [dot] ca), fax (250-347-9262) or via regular post to WenMar Graphics, PO BOX 146, Radium Hot Springs, BC V0A1M0 Canada. 30 day money back guarantee is offered on all hosting plans. If cancellation is requested within 60 days of initial setup date, then the full hosting fees will be refunded. After 60 days of cancellation, no refund will be issued. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, Western Union Money Transfer, cheques, and money orders. There are no refunds on install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
c) If CLIENT breaches any part of this contract and WenMar Graphics has to engage the services of an attorney, the CLIENT will pay any and all of WenMar Graphics' reasonable attorney fees and court costs.
13. Limitation of Liability
In no event shall WenMar Graphics or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if WenMar Graphics has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless WenMar Graphics from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.
WenMar Graphics reserves the right to revise its policies at any time without notice.