Terms and Conditions | FileMaker Developer Experts - Neo Code

Terms and Conditions

WEB HOSTING TERMS OF SERVICE

Last revised: 2019-04-18 15:30

Terms of Service in effect from May 5th 2019

“Terms of Service” and “Acceptable Usage Policy”

This agreement is between Neo Code and You (hereafter referred to as “the Customer”) and is effective as of the date the Customer purchases the Website / Software or Services as defined below. This represents the entire agreement between you (the Customer) and Neo Code.

This agreement is valid for a period for which the Customer has ordered and paid the invoice.

 Website Hosting Services

The Customer is responsible for ensuring that the Customer’s web site conforms to all Local, Provincial, Federal, and International laws. Further, the Customer is responsible for ensuring the legal copyright to any images, text, or other website elements that are not provided by Neo Code. If needed, moving the website off the hosting servers is the Customer’s responsibility. Neo Code will not transfer or FTP the Customer’s website to/from another provider.

 Backups and Data Loss

The Customer’s use of the Services is at their sole risk. Neo Code is not responsible for files and/or data residing on an account. The Customer agrees to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Neo Code servers.

 Mail Storage

The Service includes a specified amount of disc space and bandwidth usage. Restriction also applies on the single mail message size which is solely determined by Neo Code. Currently, any individual email message larger than 5 megabytes may not be processed.

The Customer agrees that Neo Code may establish limits concerning use of the Services offered under this agreement, including, but without limitation:

(I) The maximum number of days that email messages will be retained by the Services, (II) The maximum number of email messages that may be sent from or received by an account on the Services,

(III) The maximum size of an email message that may be sent from or received by an account on the Services,

(IV) The maximum disc space that will be allotted on Neo Code’s servers on the Customer’s behalf, and

(V) The maximum number of times and duration the Customer may access any services in a given period of time.

Neo Code does not support mail sending scripts and may disable or remove content which attempts to bypass the previous limitations.

The Customer agrees that the size of the the mailbox can grow up to the purchased storage limit over a period of time. Neo Code reserves the right to limit the rate of growth of the mailbox to a reasonable limit at its own discretion and without prior notice.

The Customer agrees that Neo Code has no responsibility or liability for the deletion, corruption or failure to receive, send, or store any messages or other content maintained or transmitted by the Services. The Customer acknowledges that Neo Code reserves the right to log off accounts that are inactive for an extended period of time.

Neo Code makes no warranty that any services will be uninterrupted, timely, secure or error-free.

 Network Performance

Neo Code accounts operate on shared resources. Excessive use or abuse of these shared network resources by one Customer may have a negative impact on all other Customers. Abuse of service will result in an account being disabled. Repeated abuses will result in termination of service.

 Availability of Services

Subject to the terms and conditions of this Agreement, Neo Code shall attempt to provide Web/Mail Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. The Customer agrees that from time to time the Web/Mail Hosting and Virtual Hosting service may be inaccessible or inoperable for any reason, including, without limitation:

(I) Equipment malfunctions;

(II) Periodic maintenance procedures or repairs which Neo Code or its supplier may undertake from time to time; or

(III) Causes beyond the control of Neo Code or its suppliers which are not reasonably foreseeable by Neo Code, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. The Customer agrees that Neo Code has no control of availability of Web Hosting and Virtual Hosting on a continuous or uninterrupted basis.

Neo Code provides access to the web hosting platform and supports its availability. Documentation for usage is available inside of user accounts on the host. The Customer is responsible for education on how to use the platform and make changes inside of their own cPanel account.

 Neo Code rights

Neo Code and/or its supplier(s) retain(s) all rights to this Software and Services, website templates, forms, and documentation. The Customer is entitled to use this Software, the web templates, forms and documentation to build web sites.

 Neo Code reserves the right to:

– Censor any web site hosted on its servers that, in Neo Code’s sole opinion, is deemed inappropriate. This includes, but is not limited to, taking the website offline and the termination of the Customer’s account.

– Review every Web Hosting account for excessive space and bandwidth utilisation. And to terminate or apply additional fees to those accounts that exceed those levels that are allowed.

– Modify pricing at any time without any prior notice. Terminate the Customer’s Web Hosting Service for unsolicited, commercial emailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.

– Terminate the Customer’s Web Hosting Service if the contents of the Customer’s web site results in, or are the subject of, legal action or threatened legal action, against Neo Code or any of its affiliates, partners or suppliers, regardless of whether or not such legal action or threatened legal action are eventually determined to be with or without merit. The decision to terminate the Customer Web Hosting service as a result of actual or threatened legal action, shall be done so solely by Neo Code, and in doing so, Neo Code shall not be required to consider the merits of the legal action or whether or not threatened legal action will actually come to pass.

 Customer Obligations and Acceptable Usage Policy

The Customer represents and warrants to Neo Code that the Customer’s content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person or legal entity; and the Customer owns the website content generated/added by him/them and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within the Customer’s web site.

Neo Code does not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of Neo Code Services.

The Customer is responsible for ensuring there is no excessive overloading on Neo Code’s or supplier’s DNS or servers. The Customer may not use Neo Code’s or supplier’s servers and the Customer’s website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Neo Code reserves the right to remove sites that contain information about hacking or links to such information. Use of website as an anonymous gateway is prohibited. Neo Code prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Neo Code. The Customer agrees that Neo Code reserves the right to remove the Customer’s website/mails temporarily or permanently from its hosting servers if Neo Code is the recipient of activities that threaten the stability of its network.

The Customer agrees not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

(I) Disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email;

(II) Disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;

(III) Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;

(IV) Create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;

(V) Export, re-export or permit downloading of any message or content in violation of any export or import law;

(VI) Interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which the Customer does not have authorisation to access or at a level exceeding the Customer’s authorisation;

(VII) Disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or programme; or

(VIII) engage in any other activity deemed by Neo Code to be in conflict with the spirit or intent of this Agreement or any Neo Code policy.

Security

The Customer is responsible for any misuse of his/her/their account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, the Customer must take steps to ensure that others do not gain unauthorised access to the Customer’s account. In addition, the Customer may not use the Customer’s account to breach security of another account or attempt to gain unauthorised access to another network or server.

The Customer’s password provides access to online account. It is the Customer’s responsibility to keep the password secure.

Sharing of password and account access with unauthorised users is prohibited. The Customer should take care to prevent others from using his/her/their account since the Customer will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.

The Customer must adopt adequate security measures to prevent or minimize unauthorised use of the Customer’s account.

The Customer may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into or making use of a server or account the Customer is not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programmes, cracking tools or network probing tools.

The Customer may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

The Customer must ensure latest versions of software are installed (ie: WordPress).

Users who violate systems or network security may incur criminal or civil liability. Neo Code will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 Liability & Indemnification

Neo Code provides this Software and Services “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall Neo Code be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if Neo Code has been advised of the possibility of such damages arising from any defect or error in the documentation, software, website templates, or hosting.

The Customer shall indemnify, defend by counsel reasonably accepted by Neo Code, protect and hold Neo Code harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants and attorneys fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of, or relating to, Software and Services provided.

 Access to other third party software

Neo Code may provide the Customer access to other third party software and/or services (“Third Party Products “) through the relationships Neo Code has established with certain commercial vendors (“Third Party Vendors”). Neither Neo Code nor any third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. The Customer expressly acknowledges and agrees that use of third party products is at the Customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Neo Code or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Neo Code nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. The Customer agrees to observe the terms of any licence and/or applicable end user subscriber agreement for third party products and that the Customer shall be fully liable to third party vendors and Neo Code with respect to any improper use of such third party products or violation of licence agreements with them and/or applicable end user subscriber agreements.

 Failure to Pay

Neo Code may temporarily or permanently deny service or terminate this Agreement upon the failure of the Customer to pay charges when due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

 Copyrights and Trademark

All software used to provide the service(s) are copyright of their original owners.

All trademarks are property of their respective owners.

 Changes

Neo Code reserves the right to add to or change/modify the terms of this Agreement. Any changes will be posted to https://www.neocode.com/web-hosting-terms-of-service/ and it is the Customer’s responsibility as a user to refer to the terms on accessing this service. Changes could be made by us after the first posting to the Site and the Customer will be deemed to have accepted any change if the Customer continues to access the Site after that time.

Neo Code reserves the right to modify, suspend/cancel, or discontinue any service at any time without notice, make modifications and alterations in any or all the content, products and services contained on the site without prior notice.

 Breach

In the event that Neo Code suspects breach of any of the terms and conditions of

this Agreement:

(1) Neo Code can immediately, without any notification and without assigning any reasons, suspend / terminate the Customer’s access to all Neo Code Products and Services.

(2) The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

 Complaints

Commission for Complaints for Telecom-television Services (CCTS). CCTS is an independent agency whose mandate is to resolve complaints of consumers about their telecom and TV services, and complaints of small business customers about their telecom services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.

To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

 

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