Terms of Service
updated September 17, 2007
Agreement for Service
This agreement states the terms of service for Web Hosting provided by Spelunking Web Design (SWD).
Both parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, SWD makes no guarantee that any given reader shall be able to access the sites stored on Spelunking Web Design's server at any given time. However, SWD represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
THEREFORE, in consideration of the mutual promises contained herein, you agree to the following:
1. Use of SWD services, including the storage of information, is at your own risk. Spelunking Web Design does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. Services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither Spelunking Web Design nor anyone else involved in creating, producing, or delivering Spelunking Web Design's services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of SWD services, the inability to use SWD services, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.
2. You will indemnify and hold harmless Spelunking Web Design against any loss, damage, cost and expense which Spelunking Web Design may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from your use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Spelunking Web Design's failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
3. Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which you have paid during the term of affected service and any reasonable legal fee and court costs.
4. Spelunking Web Design will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.
5. This agreement shall be governed by and construed in accordance with the laws of Manitoba. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with you which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.
6. Spelunking Web Design shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from your or Spelunking Web Design's server. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold.
7. Spelunking Web Design may terminate service at any time, without notice, for violation of this agreement. SWD will not be liable for any damages or harm to you resulting from such termination.
8. Revisions to these Terms of Service supercede all previous revisions of these terms.
Acceptable Use Policy
By using web hosting services provided by Spelunking Web Design, you agree to comply with our policies that are designed to protect each client and ensure we can provide the best services available.
1) Banned Scripts/Programs from use on SWD Servers
A small handful of scripts/programs are not allowed on the servers. This is largely due to excessive demands on server resources that can degrade performance for other hosting clients. The following are BANNED from use on our servers:
- IRC-related software (servers, bots, bouncers, etc.)
Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice. We reserve the right to add from, modify, or otherwise adapt to this list other banned programs at our complete discretion.
2) Content
All services provided by Spelunking Web Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Country, Federal, State or Local regulation is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, child pornography or material protected by trade secret and other statute, and invasion of privacy. You are solely responsible for determining the legality of your data, which is stored or transmitted.
Sites that promote any illegal activity or present content that may be damaging to Spelunking Web Design servers or any other server on the Internet are prohibited from using our servers. Spelunking Web Design will be the sole arbiter in determining violations of this provision. Links to such materials are also prohibited.
SWD does not accept sites with the following content/links on our network:
- Sim Game Sites
- Anime/Video Sites
- Adult content (in any form)
- Pirated software
- Hacker programs or archives
- Warez sites
Accounts that are found to have such content are subject to immediate suspension and/or termination without notice. We reserve the right to add, modify, or otherwise adapt to this list other banned programs at our complete discretion. SWD will be the sole arbiter as to what constitutes a violation of this provision.
3) Misuse of System Resources
Any use, which interferes with the server's ability to function in its primary purpose of publishing web documents, is prohibited. Any attempt to undermine or cause harm to a server, or customer, of SWD is strictly prohibited. This includes, but is not limited to, using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; or use of servers for backup of files unrelated to the web site of the account. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.
4) Provisioning of Web Space or Email Addresses
This includes but is not limited to the provision of email addresses, Web Hosting, storage space, or setting up domains on your account for others (sub-hosting) is not allowed.
Hosting other sites or domains other than your own with your hosting account, as determined absolutely and solely at Spelunking Web Design 's discretion (usually verified via domain WHOIS lookup), is not allowed in any way, shape, or form. We do NOT allow clients to set up sites for others (such as friends, the public, etc.) in subdomains, folders, or otherwise on their hosting account with us; they should sign up separately for their own account(s). We reserve the right to cancel/terminate additional domains and/or the entire hosting account with us at our discretion for violations of this clause.
5) Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a Spelunking Web Design server or using an email address or domain that is maintained on an Spelunking Web Design machine as reference is STRICTLY prohibited. Spelunking Web Design will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Spelunking Web Design server.
6) Network Abuse
Use of Spelunking Web Design's servers to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of Spelunking Web Design's network is prohibited.
Should the Client become the target of a network attack, Spelunking Web Design reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the Client's account) required to return server or network operation to normal.
Account Policies and Cancellation:
Account renewal is automatic until cancelled by the account holder. All accounts will be renewed according to the term selected upon account signup (monthly or annually). There are no refunds due to the large number of "host hoppers".
1) Disk Space and Bandwidth
We offer varied bandwidth plans. If you surpass the amount your plan we would be happy to discuss other options with you. We do not allow sites to purchase multiple accounts to get more bandwidth.
2) Invoicing
Accounts are invoiced on or about the first day of each calendar month by email and are payable at the time of invoicing. Overdue accounts may be terminated or suspended at SWD's discretion when Client is in arrears beyond (30) thirty days without prior agreement or arrangement. Spelunking Web Design is not responsible in any way for any loss of revenue or business due to account suspension or deletion.
3) Cancellation of Service
You may terminate your account at any time. Cancellation requests can be submitted via our Contact Form or by postal mail. All fees paid for service up to the notice of cancellation are non-refundable. Fees for domain registration also are non-refundable.
4) Suspension
Activity that results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.
5) Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. Failure to follow any term or condition will be grounds for immediate account deactivation.