Terms of Service and Acceptable User Policy

Terms of Service

When stated herein: "we","us", and "our" refer to Reverb Systems LTD.. "You" and "yours" shall include the person or company procuring our services.

Reverb Systems LTD.. ("Reverb Systems LTD.") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

Reverb Systems LTD. agrees to provide the client web hosting for a monthlyfee. Reverb Systems LTD. will never require clients to advertise for Reverb Systems LTD. on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites or content.

Content:
All services provided by Reverb Systems LTD. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statute. The subscriber agrees to indemnify and hold harmless Reverb Systems LTD. from any claims resulting from the use of the service which damages the subscriber or any other party. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Reverb Systems LTD. will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software
- Photos or videos showing graphic violence, death or dismemberment.

Threats:
Use of the ReverbSystems LTD's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Fraudulent Activity:
Use of ReverbSystems LTD's service to 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."

Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Background-running Programs:
As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:
Material accessible to you through Reverb Systems LTD.'s Services may be subject to protection under Canada's (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Reverb Systems LTD. Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Reverb Systems LTD. Network. If you use a domain name in connection with the Reverb Systems LTD. Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the Reverb Systems LTD. Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Reverb Systems LTD. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:
Reverb Systems LTD. reserves the right at its sole discretion to refuse or cancel service. Violation of any of Reverb Systems LTD.'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:
You must not use the Reverb Systems LTD. Network, resources, Reverb Systems LTD. equipment or any Reverb Systems LTD. email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Reverb Systems LTD. Network,resources, Reverb Systems LTD. equipment or any Reverb Systems LTD. email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Reverb Systems LTD. reserves the right to disable your domain without warning. In addition, Reverb Systems LTD. may impose a $150.00 penalty for each spam policy violation. Reverb Systems LTD. solely reserves the right to refuse or cancel service to known spammers. Lastly, Reverb Systems LTD. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Reverb Systems LTD. server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Reverb Systems LTD. (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Reverb Systems LTD., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Reverb Systems LTD. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Reverb Systems LTD. server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Reverb Systems LTD. to the amount paid for service.

Payment Policy:
Full payment is required in advance, before hosting service is established. You grant Reverb Systems LTD. the right to debit the credit card you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing via email or fax or is cancelled by Reverb Systems LTD. according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that Reverb Systems LTD. may require) is accurate and truthful. All payments will be debited on a month by month basis by our 3rd party merchant services, or collected in person when a paying in cash,via postal mail in the form of a check, or money order for the amount of the services rendered. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay a $15.00 USD reconnect fee and the monthly fees to reopen the account. There is a $15 USD fee for bounced check and a $25 USD processing fee for chargebacks.
You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.

Overage Charges
Should you go over your alloted bandwidth you will be charged $3USD\$4.28 CAD GST included for every 500MegaBytes of data transfer or if you exceed your hard disk space alloted you will be charged $3.00 USD\$3.21 CAD fee for every 100MegaBytes of hard disk space. However the option to upgrade to the next plan can be provided based on approval from the customer.

Disclaimer
Reverb Systems LTD. will not be responsible for any damages your business may suffer. Reverb Systems LTD. makes no warranties of any kind, expressed or implied for services we provide. Reverb Systems LTD. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Reverb Systems LTD. and its employees. Reverb Systems LTD. makes no "uptime" guarantees.

Reverb Systems LTD. keeps backups of key server systems only. Reverb Systems LTD. can accept no responsibility for any loss of data or consequences arising from this. Reverb Systems LTD. always advises clients to back up their site data regularly for its own protection.

Reverb Systems LTD. furthermore expects that its customers to fully comply with all applicable laws concerning the privacy of online communications and any other policy of Reverb Systems LTD.. A customer's failure to comply with those laws will violate this policy.

Finally, Reverb Systems LTD. wishes to emphasize that in accepting services, customers indemnify Reverb Systems LTD. for the violation of any law or Reverb Systems LTD. policy, that results in loss to Reverb Systems LTD. or the bringing of any claim against Reverb Systems LTD.. This means that if Reverb Systems LTD. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Reverb Systems LTD., plus costs and legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Reverb Systems LTD. reserves the right to refuse service.

Reverb Systems LTD. reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

Copyright © 2003-2005 ReverbSystems LTD