Terms Of Service

IMPORTANT NOTICE: All Payments To Sibername.com (Sibername Internet and Software Technologies, Inc.) Are Non-Refundable unless they fall under the 30 Day Money Back Guarantee!

All the domain names registered through us and hosting plan services ordered are set for auto renewal if paid by credit card. By registering a domain name, signing up for a hosting plan and accepting this agreement, you are providing an authorization to Sibername.com to renew the service automatically. Automatic renewals can be disabled through our user control panel at http://www.sibername.com/user or by contacting us. A notification will be emailed for the upcoming renewals and it is required to reply to that reminder by a cancel request if auto renewal is not necessary. Also a valid credit card will need to be on file for this service to function.

Sibername.com ("The Company") agrees to furnish services to the client, subject to the following TOS (Terms of Service).

Use of Sibername.com Service constitutes acceptance and agreement to Sibername.com's AUP, Sibername.com's TOS (Terms of Service) as well as Sibername.com (Service Level Agreement).

All provisions of this contract are subject to the TOS (Terms of Service) of Sibername.com, AUP (Acceptable Use Policy) and Sibername.com (Service Level Agreement). The AUP may be changed from time to time at the discretion of the Company. Client 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 province of Ontario, city of Ottawa applicable to contracts enforceable in that state. Venue will be Ottawa Ontario.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client 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 Client. In addition Sibername.com shall have the right to terminate all service set forth in this Agreement.

Service Rates: Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client 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.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

1) AUTO RENEWAL ATTEMPT DATE

If your account is still set for auto renewal on the date below, your credit card on file will be attempted to be charged for the purpose of renewing your service automatically and for your convenience:

AUTO RENEWAL ATTEMPT DATE: 4 days before the renewal date.

If your credit card is declined or the service is not set for auto renewal, you will receive further email notification about the status of your account. We will attempt to auto renew your service 4 days before the expiry in order to make sure a decline will not cause your domain name to expire. If we charge the fee on the day of renewal and for any reason, your credit card is declined, domain names included in the service would be suspended by the registry. By attempting 4 days ahead of time, we try to make sure you will notice the charge failure and take necessary steps to update the credit card for a successful auto renewal.

2) FEE FOR UNDESIRED AUTO RENEWAL

Auto renewal feature is for your convenience. If you forget to set the auto renewal option off or forget to cancel your service and your card is charged by our system for auto renewal payment, we will have to refund the full amount minus $20 CAD processing fee. This is because all payments and refunds made by credit cards have a cost associated with them. It would not be in our interest to use a credit card without the card holder's authorization. Please either set the auto renewal off through your user interface at http://www.sibername.com/user or simply reply to this email to set it off before the attempt date.

3) YOUR SERVICE AND EXPIRY DATE

You will be able to see the renewal date and service details at http://www.sibername.com/user/services.php

4) IF YOU WOULD LIKE TO CANCEL THE SERVICE:

If you would like to cancel this service or have questions please contact us by replying to this e-mail and including your cancellation request. Please send your request before the service renewal date in order to prevent service charges that might be caused by a refund.

5) IF YOU HAVE PAID BY CREDIT CARD WHEN YOU SIGNED UP AND WOULD LIKE US TO USE THE CARD OR A NEW CREDIT CARD:

If you have paid by credit card when you signed up, our system will try to charge the service fee to your credit card you have used on 4 days before the renewal date. If your credit card expiry date has been changed or you will pay by a different card. Please login to your account at http://www.sibername.com/user/services.php and renew your service by using the new credit card. This renewal will also update your credit card information. Your service will be renewed automatically upon a successful payment.

6) IF YOU WOULD LIKE TO PAY BY CHEQUE or MONEY ORDER:

Please login to your account at http://www.sibername.com/user/services.php and renew your service by using the Cheque payment option and follow the instructions to send the cheque payment. Your service will be renewed the day we receive your Cheque or Money Order. Please note there is a $10 CAD processing and handling fee if you choose the Cheque payment option. Please write it payable to Sibername.com and mail it to: Sibername.com 275 Slater Street, Suite 900, Ottawa, ON, K1P 5H9 CANADA

7) IF YOU WOULD LIKE TO PAY BY PAYPAL:

Please login to your account at http://www.sibername.com/user/services.php and renew your service by using the PayPal payment option. Your service will be renewed automatically upon a successful payment.

8) IF YOU WOULD LIKE TO PAY BY DEBIT/INTERAC:

Please login to your account at http://www.sibername.com/user/services.php and renew your service by using the Interac/Debit, payment option. Your service will be renewed automatically upon a successful payment. Please note there are only 3 Canadian Banks we can accept for this payment option. They are Royal Bank/ TD Bank and Scotia Bank. If the automated payment with credit card option is selected, Credit card payments will be set to recurring payments on 4 days before the renewal days of the service. It is Customer's responsibility to make sure that the credit card information is up to date to prevent service interruptions. Customers will be offered several payment options. They will be able to set the automated payment on and off through their user interface. Customers will be informed by email about any upcoming credit card charges. Customers will have to turn the auto payment option of through the user interface or email support@sibername.com with their auto payment off requests.

Payments and Fees: Credit cards that are declined for any reason are not subject to any fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is not subject to any charge. Accounts that are not collectable by Sibername.com will 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 CAD nor more than $150 CAD. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments after the initial 30 days of service to Sibername.com, 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 Sibername.com's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Sibername.com an "Administrative Fee" of not less than $50 CAD and not more than $150 CAD.

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

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 emailed to support@Sibername.com Subject: Cancellations. You must send the email from the address we have in file or fax your request with a valid photo ID.

Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries: Sibername.com, provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support: Sibername.com provides support related to your server or functioning. Sibername.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Sibername.com does not provide technical support for YOUR Clients. If you can email, we encourage you to utilize the online ticket system http://Sibername.com/support.html for assistance. Any request for technical support warrants the possibility of being charged a system administration fee if the request is related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Sibername.com is required to login to your server to provide support, system administration fees can be applied to your account.

SPAM and Unsolicited Commercial Email (UCE): Sibername.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Sibername.com may not use or permit others to use our network to transact in UCE. Clients of Sibername.com 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.

Violation of Sibername.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Sibername.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sibername.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Sibername.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Sibername.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sibername.com will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 CAD and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 CAD 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 CAD per hour that Sibername.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Clients are ultimately responsible for the actions of their clients over the Sibername.com network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

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

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Sibername.com website. Sibername.com will monitor Customer's bandwidth. Sibername.com shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. 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 Sibername.com's sole and absolute discretion. If Sibername.com 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. In the event that a customer exceeds the included allocation, Sibername.com may, at its sole discretion, collect a deposit, in an amount determined by Sibername.com, against customer's credit card on file with Sibername.com.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Sibername.com Network. Violations of system or network security may result in civil or criminal liability. Sibername.com 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:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Addition of IP addresses that have not been specifically assigned to the server.

Notification of Violation: Sibername.com 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.

First violation: Any User, which Sibername.com 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 Sibername.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Sibername.com 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.

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.

Suspension of Service or Cancellation: Sibername.com reserves the right to suspend network access to any customer if in the judgment of the Sibername.com 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 Sibername.com 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.

Sibername.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Sibername.com 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.

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

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 waiver by the Company of any breach of any provision of this Agreement by Client 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.

Client 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 Client. Company reserves right to cancel Clients rights under this contract at any time without further obligation.

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

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

Responsibility for Content: You, as Sibername.com's customer, are solely responsible for the content stored on and served by your Sibername.com server.

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