CORBIMITE, Inc. ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CORBIMITE Service constitutes acceptance and agreement to CORBIMITE's AUP
as well as CORBIMITE's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
CORBIMITE, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of
the state of British Columbia,
Surrey applicable to contracts enforceable in that state.
Venue will be Surrey, British
Columbia
1.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our
service for illegal activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who makes a
written request without further consent or notification to the Subscriber. In
addition CORBIMITE shall have the right to terminate all service set forth in
this Agreement.
2.
Service Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its suppliers.
3.
Payment: Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service.
4.
Payments and Fees: Credit cards that are declined for any reason are subject
to a $1.00 declination fee. Service will be interrupted on accounts that reach
10 days past due. Service interrupted for nonpayment is subject to a $200
reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee.
Accounts that are not collectable by CORBIMITE may be turned over to an outside
collection agency for collection. If your account is turned over for collection,
you agree to pay the company a "Processing and Collection" Fee of not less than
$50 nor more than $150. If you desire to cancel your account, please follow the
proper procedure to do this as outlined in this TOS.
5.
Refund and Disputes: All payments to CORBIMITE, Inc. are nonrefundable. This
includes the one time setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 60 days of the time the
dispute occurred. If you dispute a charge to your credit card issuer that, in
CORBIMITE's sole discretion is a valid charge under the provisions of the TOS
and /or AUP, you agree to pay CORBIMITE an "Administrative Fee" of not less than
$50 and not more than $150.
6.
Failure to Pay: The Company may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any collection
fees.
7.
Account Cancellation: All requests for canceling accounts must be made in
writing with at least 30 days notice but not more than 60 days prior written
notice and sent to CORBIMITE Attn: Cancellations, 7403 – 146 Street Surrey, BC
V3S 8Z7, Canada - or you may call 604-591-1140 or fax the cancellation request
to 604-591-6640. You must have all account information to cancel.
8.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company shall not
be liable for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
9.
New Domain Accounts: All new webhosting accounts
involving new domains will be set up and entered into our DNS servers within 3
to 5 business days. Due to unforeseen complications, however, this process may
sometimes require up to 7 business days. If the new domain is registered by the
account holder, there will be no handling fee. If the domain is registered by
CORBIMITE, Inc. on behalf of the account holder a handling fee will be incurred.
10.Transfer of Domains: New webhosting accounts which involve the transfer of a domain
from another provider to CORBIMITE, Inc. will require a minimum of seven (7)
days to be set up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the unpredictable nature of the
transfer process, no guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by CORBIMITE, Inc. on
behalf of the account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges are
considered earned.
11.Support Boundaries: CORBIMITE, provides technical
support to our subscribers (except for few holidays and short company meetings
when we close our center.) We limit our technical support to our area of
expertise. The following is our guidelines when providing support: CORBIMITE
provides support related to your server or virtual site physical functioning.
CORBIMITE does not offer tech support for application specific issues such as
cgi programming, html or any other such issue. CORBIMITE does not provide
technical support for YOUR customers. If you can email, we encourage you to
email support@ContractCADD Group.com for assistance.
If you are able to get online and have other questions, the answers may be on
our home page at http://www.CORBIMITE.com/support/ - we encourage you to check
there first. Lastly, the Help files in the program you are using may have the
answer to your question so please do investigate these resources before calling
tech support.
12.SPAM and Unsolicited Commercial Email (UCE):
CORBIMITE takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means that
customers of CORBIMITE may not use or permit others to use our network to
transact in UCE. Customers of CORBIMITE may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination of service.
a.
Violation of CORBIMITE's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, CORBIMITE will initiate
an immediate investigation (within 48 hours of notification). During the
investigation, CORBIMITE may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation of our SPAM
policy, CORBIMITE may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, CORBIMITE reserves the right to pursue civil
remedies for any costs associated with the investigation of a substantiated
policy violation. CORBIMITE will notify law enforcement officials if the
violation is believed to be a criminal offense.
b.
First violations of this policy will result in an "Administrative Fee" of $250
and your account will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree that in
addition to these "Administrative" penalties, they will pay "Research Fees" not
to exceed $175 per hour that CORBIMITE personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
c.
As our Customers are ultimately responsible for the actions of their
clients over the CORBIMITE network, it is advisable that Customers develop a
similar, or stricter, policy for their clients.
d.
Beginning immediately, anyone hosting websites or services on their server that
support spammers or cause any of our IP space to be listed in any of the various
Spam Databases will have their server immediately removed from our network.
The server will not be reconnected until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon reconnection and agree
to allow us access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the customer. Any
server guilty of a second violation WILL be immediately and permanently removed
from our network without notice.
13.Network
a.
IP Address Ownership: If CORBIMITE assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol address
shall belong only to CORBIMITE, and Customer shall have no right to use that
Internet Protocol address except as permitted by CORBIMITE in its sole
discretion in connection with the Services, during the term of this Agreement.
CORBIMITE shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by CORBIMITE, and CORBIMITE
reserves the right to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new
policies state that use of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization to use
those IP addresses that could be used with name-based hosting.
b.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the Services ordered by
Customer on the Order Form (the "Agreed Usage"). CORBIMITE will monitor
Customer's bandwidth and disk usage. CORBIMITE shall have the right to take
corrective action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in CORBIMITE's sole and absolute
discretion. If CORBIMITE takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance prior to
such action.
c.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the CORBIMITE Network.
Violations of system or network security may result in civil or criminal
liability. CORBIMITE will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These violations include,
without limitation:
i.
Accessing data not intended for such User or logging
into a server or account, which such User is not authorized to access.
ii.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization.
iii.
Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
iv.
Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
v.
Taking any action in order to obtain services to which
such User is not entitled.
14.Notification of Violation:
a.
CORBIMITE is under no duty to look at each customer's or user's activities to
determine if a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police Internet-related activities.
b.
First violation: Any User, which CORBIMITE determines to have violated any
element of this Acceptable Use Policy, shall receive an email, warning them of
the violation. The service may be subject at CORBIMITE's discretion to a
temporary suspension pending a User's agreement in writing, to refrain from any
further violations.
c.
Second Violation: Users that CORBIMITE determines to have committed a
second violation of any element of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service without further notice.
d.
We reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity is
causing great harm to parties on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact you as soon as
is feasible.
15.
Suspension of Service or Cancellation: CORBIMITE
reserves the right to suspend network access to any customer if in the judgment
of the CORBIMITE network administrators the customer's server is the source or
target of the violation of any of the other terms of the
AUP or for any other reason which CORBIMITE chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the
customer's machines were suspended.
16.CORBIMITE reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of CORBIMITE must adhere
to the above policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the actions of your
clients in the matter described on these Terms and conditions. Therefore, it is
in your best interest to implement a similar or stricter Terms and conditions or
otherwise called Acceptable Terms of use policy.
17.Indemnification: CORBIMITE wishes to emphasize that
in agreeing to the CORBIMITE Acceptable Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies CORBIMITE for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to
CORBIMITE or the bringing of any claim against CORBIMITE by any third-party.
This means that if CORBIMITE is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded against
CORBIMITE, plus all costs and attorney's fees.
18.Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
a.
A waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
b.
Subscriber shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers rights
under this contract at anytime without further obligation.
c.
CORBIMITE takes no responsibility for any material input by others and
not posted to the CORBIMITE Network by CORBIMITE. CORBIMITE is not responsible
for the content of any other websites linked to the CORBIMITE Network; links are
provided as Internet navigation tools only. CORBIMITE disclaims any
responsibility for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
d.
CORBIMITE is not responsible for any damages your business may suffer. CORBIMITE
does not make implied or written warranties for any of our services. CORBIMITE
denies any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by CORBIMITE.
19.IRC Servers: CORBIMITE subscribers are not permitted
to run IRC servers on the dedicated Web server’s
20.Adult Content: - Adult Content or links to Adult
Content are not permitted on CORBIMITE Servers
1-604-591-1140
