Web Hosting Terms of Service (TOS)
We, AMGmedia Works Inc. DBA “AMGmedia-labs.com”, agree to provide you with webhosting services subject to this Agreement.
In this Agreement, the words “us”, “we”, “our”, “ours” refer to AMGmedia-labs.com and the words “you”, “your”, “they”, “them” will refer to you, a customer of AMGmedia-labs.com.
Your Account with Us
Billing and Payments
In exchange for us providing Services to you, you will pay us our previously agreed upon monthly fee on or before the first of every month.
Overdue Interest
You will pay us interest on all amounts owing to us with the amounts payable, at an interest rate of 18% per annum, calculated and accruing monthly, with all interest calculated on both principal and interest amounts combined.
Contact & Billing Information
You will provide to, and maintain with, us accurate contact information about you, including, but not limited to, e-mail addresses not based on your account’s main domain, telephone contacts, and regular mail contacts.
Disputes and Failure to Pay
You will advise us of any dispute with our fees within 30 days after we render our bill to you or we charge your credit card. If you pay a bill or fail to dispute a charge on a bill within 30 days after we render a bill, then you accept the charges on the bill. We may charge you an additional fee of $50 if your credit card issuer charges back a fee properly charged to your credit card.
Refund for Shared Hosting Customers
We may issue a refund to a customer who purchases shared hosting services for such services if they deliver a notice that they wish to cancel the shared hosting service within 30 days after we issue a shared hosting customer their account log-in details.
Refunds
We have no obligation to refund any money, to anyone, for any reason. If we choose to refund any money to any customer, other than for the first month of shared hosting services to a shared hosting customer, then we will do so at our complete discretion.
Account Transfers
If, at your request, we transfer your data from another service provider to our servers or from our server to another service provider or anyone else, then we will transfer that data as a courtesy service and we make no guarantees, assurances, or warranties regarding the quality of that transfer.
Prohibited Service Uses
Prohibited Uses of Account
You will not do, or attempt to do, any of the following, or allow any of the following to be done, or attempt to be done, directly by you or anyone else, using or through our Services (Prohibited Uses of Account):
- engage in any business that violates any Canadian, American, or International Law generally;
- violate or infringe on any trademark, copyright, patent, trade secret, or any kind of intellectual property using our Services, specifically, but not exclusively, sharing or providing copyrighted materials such as text, music, images, photography, pirated software, bit torrents, and program archives;
- transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm, or destruction of property;
- publish or republish defamatory material;
- store, exchange, or facilitate the trade of the following content:
- any kind of child pornography;
- malicious software including, but exclusively, virus and worm libraries, hacker programs/archives, Warez;
- any material which, in our sole judgment,is obscene or threatening;
- make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters;
- add, remove, or modify identifying network header information to deceive or mislead;
- attempt to impersonate any person by using forged headers or other identifying information;
- make misrepresentations or misleading statements with an intent to cause another person to act on it;
- engage in any activity that affects other people’s ability to use any services or other Internet services, including “denial of service” (DOS) attacks against another network host or individual use and interfering with or disrupting other network users, services or equipment;
- enter another system or network without consent;
- access other accounts or internet services, whether hosted by Us or not;
- penetrate security measures of other systems;
- issue any kind of unsolicited e-mail, such as spam;
- advertise your site using spamming services, such as SPAM, Spamvertised, or other spamming service that my use fax, e-mail, instant messaging, or usenet/newsgroups;
- access other networks without consent;
- breach or break securitiy measures on other systems;
- share your password or system access information with anyone else;
Prohibited Uses of Network Resources
You will not do, cause to be done, or allow to be done, any of the following (Prohibited Uses of Network Resources):
- use more than 30% of a systems resources for longer than 1 minute or more than 55,000 inodes on any single account;
- use your shared or semi-dedicated accounts for file storage of other accounts, backups, storing backups of dvd’s, mp3’s, or any files larger than 150MB;
- send more than 1000 emails per hour, for shared, semi-dedicated, or reseller account;
- exceed your allocated bandwidth usage amount;
- use excessive CPU cycles or any resources that cause strain to other sites;
- execute, or allow to be executed, IRC, IRC bots, or proxy services using our Services; and,
- if you are a shared hosting services customer, will not allow programs to run continually in the background.
Customers using virtual private servers or dedicated services may run any legal daemons, except for IRC and Proxy services.
Intellectual Property Ownership
Internet Protocol Ownership
We own all Internet Protocols, numbers, addresses, and access that we assign to you. You cannot use any Internet Protocols that we assign to you inconsistently with this Agreement. We may change or remove any Internet Protocol assigned to you in our sole and absolute discretion.
You Provide Us with Information
You agree to provide us with any information that we may request from you to establish and provide services to you, such as government issued identification, credit card information, an accurate description of your business, and any other such information.
We May Disclose Information
Subject to any separate agreement entered into between you and us, we may disclose customer information, account information, IP addresses, and content on our services if required to do so by court order, subpoena, search warrant, summons, or order issued by an administrative tribunal.
Termination or Suspension of Services
We may refuse service
We reserve the right to do any of the following at our sole discretion, without notice to you, under any circumstances, including, but not exclusively:
- remove content;
- temporarily or permanently block access;
- change or withdraw IP assignments;
- suspend or discontinue service; and,
- charge back to you any expense to perform these actions;
if you do any of the following:
- breach any term of this Agreement;
- fail to pay any money owing to us;
- anyone does anything using our services, through your account, that contravene the Prohibited Uses of Account or Prohibited Uses of Network Resources; and,
you waive any claim that you may have against us for any damages, harm, or injury that you may have suffered by us refusing services under this section.
Cancellation
If you wish to cancel our monthly service, then you can only cancel your service by sending us a cancellation form in the Support Center at least 30 days before which your next payment is due.
No Guarantees or Liability
No Liability or Warranties
We make no other warranties, guarantees, or representations of service other than those expressly written in this Agreement. This specifically, but not exclusively includes any warranty of:
- service that is continuous, uninterrupted, and error free;
- integrity of data;
- security of data;
- operation time;
- service time response; or,
- service start time.
No Responsibility
You will not hold us responsible for any damages, including but not exclusive of loss of data, loss of present and future income, harm to reputation, or any other damages, that you may suffer from the use, discontinuation, interruption, or suspension of service that may arise for any reason, including delay, wrong delivery, and other service interruptions.
Indemnification
You will indemnify, and agree not to sue, us for any demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our customers, officers and employees, that may arise or result from us providing services to you whether such demands, liabilities, losses, costs or claims originate from you or anyone else. You will defend us against any claim made in any jurisdiction, in any forum, brought by anyone who asserts any demand, liability, loss, cost, or claim from us that may be connected with the Services that we provide to you.
Governing Law
The law of the Province of British Columbia, Canada will govern this dispute. You and Us will bring any dispute regarding this Agreement or the provision of Services in the courts of the Province of British Columbia.
Modifications
We may modify the terms of this Agreement at anytime without notice to you by posting the revised terms of this Agreement on our website. Any revisions to this Agreement will bind you once we post them on our website or we provide written notice to you.
