Terms of Service

Unmetered Server ("The Company") agrees to provide services to the Subscriber and is subject to the following TOS (Terms of Service). Use of Unmetered Server Service constitutes acceptance and agreement to Unmetered Server AUP (Acceptable Use Policy) as well as Unmetered Server TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Unmetered Server and AUP. The AUP may be changed from time to time at the discretion of The Company. The Subscriber understands that changes 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 province of New Brunswick.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, The 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 Unmetered Server shall have the right to terminate all service set forth in this Agreement.

Article I. Service Rates

The 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.

Article II. Payment

The establishment of the 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. All accounts and services provided by Unmetered Server are subject to the current tax rate as imposed by Canadian Customs & Revenue Agency.

Article III. Payment 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 14 days past due. Accounts not paid by due date are subject to a 2% late fee. Accounts that are not collectable by Unmetered Server may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedures outlined in Article VI.

Article IV. Refund and Disputes

All payments to Unmetered Server, Inc. are non-refundable. 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 Unmetered Server's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Unmetered Server an "Administrative Fee" of not less than $50 and not more than $150.

Article V. Failure to Pay

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

Article VI. Cancellation Notification

All requests for cancelling accounts must be made in writing with at least 14 days notice but not more than 60 days prior written notice and sent to Unmetered Server.

Article VII. Technical Support

Unmetered Server provides 24 x 7 technical support to its subscribers except for various holidays and short Company meetings when we close our centre. We limit our technical support to our area of expertise. Unmetered Server does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail support@gtcomm.net for assistance.

Article VIII. Unsolicited Commercial E-mail

Unmetered Server takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that the Customers of Unmetered Server may not use or permit others to use our network to transact in UCE. Customers of Unmetered Server 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 immediate termination of service.

Section 8.01

As our Customers are ultimately responsible for the actions of their clients over the Unmetered Server network, it is advisable that the Customer develop a similar, or stricter, policy for their clients.

Article IX. Network

Section 9.01 IP Address Ownership

If Unmetered Server assigns the Customer an Internet Protocol address for the Customer's use, the right to use that Internet Protocol address shall belong only to Unmetered Server, and the Customer shall have no right to use that Internet Protocol address except as permitted by Unmetered Server in its sole discretion in connection with the Services, during the term of this Agreement. Unmetered Server shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Unmetered Server. Unmetered Server 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 policies. 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.

Section 9.02 System and Network Security

Users are prohibited from violating or attempting to violate the security of the Unmetered Server Network. Violations of system or network security may result in civil or criminal liability. Unmetered Server 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:

(a) Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which such User is not entitled.

Article X. Notification of Violation

Section 10.01

Unmetered Server is under no duty to look at the Customer's or the 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.

Section 10.02 First violation

Any User, which Unmetered Server determines to have violated any element of the AUP, shall receive an e-mail, warning them of the violation. The service may be subject, at Unmetered Server discretion, to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Section 10.03 Second Violation

Users that Unmetered Server determines to have committed a second violation of any element of the Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. Users that Unmetered Server determines to be in constant violation of 1.17 of the Acceptable Use Policy shall be subject to an immediate account upgrade.

Article XI. Suspension of Service or Cancellation

Unmetered Server reserves the right to suspend network access to the Customer if in the judgment of the Unmetered Server 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 Unmetered Server 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.

Article XII. Amendments

Unmetered Server reserves the right to amend its policies at any time. All Sub-Networks, resellers and servers of Unmetered Server 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 in this TOS. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Article XIII. Indemnification

Unmetered Server wishes to emphasize that in agreeing to the Unmetered Server Acceptable Use Policy (AUP) and Terms of Service (TOS), the Customer indemnifies Unmetered Server for any violation of the AUP and Terms of Service (TOS) that results in a loss to Unmetered Server or the bringing of any claim against Unmetered Server by any third party. This means that if Unmetered Server is sued because of the Customer's or a customer of the Customer's activity, the Customer will pay any damages awarded against Unmetered Server, plus all costs and attorney's fees.

Article XIV. Responsability for Content

You, as the Unmetered Server Customer, are solely responsible for the content stored on and served by your Unmetered Server server.

Article XV. Miscellaneous Provisions

You must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.

Section 15.01

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.

Section 15.02

The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement at any time without consent from or notice to the Subscriber. Company reserves the right to cancel the Customers' rights under this contract at anytime without further obligation.

Section 15.03

Unmetered Server takes no responsibility for any material input by others and not posted to the Unmetered Server Network by Unmetered Server. Unmetered Server is not responsible for the content of any other websites linked to the Unmetered Server Network; links are provided as Internet navigation tools only. Unmetered Server 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.

Section 15.04

Unmetered Server is not responsible for any damages your business may suffer. Unmetered Server does not make implied or written warranties for any parts of our services. Unmetered Server 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 Unmetered Server.

Article XVI. Disclaimer

The 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, the 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. The 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 the 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.

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