1)The information contained in this Agreement is subject to change without notice. Bandwidth Galore is under no obligation to provide notices of any amendments, modifications or updates of this Agreement to its customers. It is the responsibility of the customer to periodically consult this Agreement for any changes or amendments that have been made. The Agreement can be found at www.bandwidthgalore.com/aup.html. Continued use of Bandwidth Galore's services constitutes acceptance of this Acceptable Use Policy.
2)Bandwidth Galore will be the sole and final arbiter as to what constitutes a violation of this Agreement.
3) The customer agrees to comply with al terms and conditions otherwise imposed on you by this Agreement. The customer agrees to promptly notify Bandwidth Galore of any unauthorized use of Bandwidth Galore's services, and to take such steps that are reasonably required to prevent future occurrence.
4) Account holders are not permitted to resell Bandwidth Galore's web hosting services to any third party. Nor are customers allowed to store unpublished data on Bandwidth Galore's web server.
Customers must be 18 years of age or older, or have the signature of a parent or legal guardian, or must be a corporation or other legal corporate entity.
1) All charges and other fees due to Bandwidth Galore are to be paid in Canadian currency and are exclusive of any and all taxes (GST & HST), duties, or other similar charges imposed by any governmental agency or authority. A minimum of one month service must be paid in advance on all accounts.
2) Upon signing up with Bandwidth Galore, the customer acknowledges and gives consent for Bandwidth Galore to automatically charge their credit card, once a month for payment of services. The necessary billing information and the credit card number will be provided to Bandwidth Galore when the customer initially signs up.
3) The customer acknowledges, agrees, and authorizes Bandwidth Galore to automatically charge your credit card for successive terms of equal length as the initial term, unless the account is terminated or cancelled before payment is due.
4) Bandwidth Galore reserves the right to review and change prices. All prices will be posted at www.bandwidthgalore.com/packages.html It is the users responsibility to regularly review all information regarding prices and any changes. Continued use of Bandwidth Galore's services constitutes acceptance of any price changes.
5) Any cheque that is returned to Bandwidth Galore as insufficient funds will be charged a $15.00 processing fee, as well there is a $30.00 processing fee for any charge-backs.
There are NO refunds
At its sole discretion Bandwidth Galore reserves the right to refuse access to any and all of its services at any time to any applicant, customer or client, whether it be an individual or legal corporation by refunding the unused portion of their subscription.
1) The user agrees not to take part in any, but not limited to the following activities: mail bombing, bulk mail activities, Make Money Fast (MMF), chain letters, Multi Level Marketing (MLM), Hate literature, Denial of Service (DoS) activities, or Unsolicited Commercial Emails (UCE, aka spam).
The account may be immediately terminated without notice and a $150.00 clean up fee may be charged to an account that has been found to be sending out or taking part in any activity adversely affecting Bandwidth Galore or its customers, including any of the activities listed above.
2) Notice for cancellation of account must be submitted to Bandwidth Galore before
the 20th of the month. Cancellation can be made by using/accessing the online form
and filing it out. If cancellation notices are not received by Bandwidth Galore on time,
the customer will be charged for the next month's services.
If, for any reason, the credit card transaction is not approved, Bandwidth Galore will
immediately notify the customer by email. The customer then has 24 hours to pay
Bandwidth Galore the amount outstanding, or the account will be terminated.
3) Bandwidth Galore reserves the right to delete all account files after either party terminates this Agreement.
4)Bandwidth Galore reserves the right to pursue civil remedies for any outstanding costs that are owed to Bandwidth Galore.
If cancelled, an account may be reactivated only by the original owner, as well, the account may be subject to a reactivation fee, deposit, pre-payment for services or restrictions of usage.
Bandwidth Galore maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the customer, and reserves in its sole discretion the right to change or remove any and all of the IP numbers and addresses.
Users are responsible for their own DNS registration. Bandwidth Galore will host domains on our name servers at no additional charge. Tech contact must point to domains@bandwidthgalore.com
Bandwidth Galore adheres to the Personal Information Protection and Electronic Documents Act (PIPEDA), and therefor does not make available any account information to any third party. Bandwidth Galore only collects personal information necessary for billing requirements, to provide services, and to satisfy legal requirements.
However there are certain exceptions in which Bandwidth Galore may disclose personal information in its possession. These situations include, but not limited to, disclosing information to any law enforcement agency to comply with a proper court order, or as allowed in Section 7 of the PIPEDA. Bandwidth Galore is under no obligation to inform the customer about any one seeking their personal information or that Bandwidth Galore has provided any information. The customer acknowledges the above exceptions and agrees to them without reservation.
This Agreement is written in accordance with and shall be governed by the laws of the Province of Ontario and any applicable Federal laws of Canada.
Customers do not have the right to assign any part of this Agreement to third parties without the written consent of Bandwidth Galore.
The relationship that is established through this Agreement is between independent contractors, and this Agreement contains nothing that would prohibit the ability of any of the parties to enter into other commercial contracts with third parties.
1) Bandwidth Galore does not assume any responsibility for damages suffered by any person or entity due to loss of data, non-delivery or interruptions in service, even if caused by negligence or omissions on the part of Bandwidth Galore, its users, or any third party. No oral advice or written information given by any Bandwidth Galore employee will create any warranty or liability that Bandwidth Galore is responsible for.
2)Nor does Bandwidth Galore accept responsibility for the actions of users which result in infected computer systems from, but not limited to: viruses, trojans, spyware, dataminers, porn dialers or any other malicious software that the user has intentionally or unintentionally downloaded while using Bandwidth Galore's services. This includes any files or materials obtained directly or indirectly from Bandwidth Galore. Use of Bandwidth Galore's services are at the users' own risk.
3)Under no circumstances is Bandwidth Galore liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by the customer, any of it customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory.
4) Bandwidth Galore will make every reasonable effort to protect and backup data for our customers on a regular basis. However Bandwidth Galore does not guarantee the existence, accuracy or regularity of its backup data and; therefore, the client is solely responsible for maintaining backups of their own data.
Bandwidth Galore will not be held liable for failure or a delay in preforming its obligations if such a failure or delay is due to circumstances which are out of Bandwidth Galore's reasonable control. These circumstances include, but are not limited to: any acts of governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, any delays or interruptions in services provided by third parties or failure of third parties to provide supplies or power used in or equipment needed for provision of the services Bandwidth Galore provides to its customers.
Customers agree to indemnify, defend, and hold harmless Bandwidth Galore, its directors, officers, employees, shareholders and agents from any damages, judgements, expenses and any other liabilities resulting from any data, information, and/or content stored, received or transmitted, through or from your Bandwidth Galore Account that infringes any trade-mark, trade secret, copyright, patent or third party intellectual property rights and from any damages, claims, suits or actions which may arise, now or in the future, from your use of Bandwidth Galore's services.