My-ASP.Net Terms of Service for Shared Hosting

1. General Terms.

In consideration of web services to be delivered, you the customer agrees to be bound by the following terms and conditions:

Customer agrees:

To pay, in advance of each monthly service term, for hosting and services to be rendered.

To be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order My-ASP.Net service for a certain minimum period of time.

Setup fees and monthly web hosting service fees are non-refundable.
My-ASP.Net is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for My-ASP.Net services.
All monetary amounts to which this Agreement refers shall be in Canadian dollars.
Not to assign or attempt to assign its obligations under this Agreement without My-ASP.Net prior and express written consent to such assignment.
Any failure by My-ASP.Net to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of My-ASP.Net rights.

2. Agreement for Services.

My-ASP.Net will provide, and you will purchase and pay for, the Web services according to the service fees specified for the applicable Service Description.

You acknowledge that the service and service fees have been communicated to you and that you are aware of all applicable charges as per the hosting agreement or Terms of Work provided to you by My-ASP.Net. You also understand that no promotional offers will apply to your service unless said promotional offers are specified in this Agreement for Service.

3. Payment.

Establishment and provision of service is contingent upon receipt of payment from you to My-ASP.Net.

You must pay in full for the Services before My-ASP.Net begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that My-ASP.Net may apply the amount due at any time to the credit card listed on file.
Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup.
Payment is due on the defined recurring billing date of each service agreement. All returned checks will be charged a $50.00 service fee.
Customers agree to pay all taxes applicable to your account.

3.1. Non-Payment

Non-Payment of services shall result in a 15-day notice of disconnection. All payment failures must be cured within 5 business days from disconnection issue date or account will be suspended. Account termination will result from invoices overdue for 30 days. Such termination or denial will not relieve you of responsibility for the payment of all accrued service fees, and any collection fees to which My-ASP.Net may be entitled under this Agreement or under applicable law.

Accounts that are not collectable by My-ASP.Net will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to My-ASP.Net a "Processing and Collection" Fee of not less than One Hundred ($100.00) Dollars nor more than Two Hundred Fifty ($250.00) Dollars.

4. Account Cancellation.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by submitting a Cancellation Request through our support center which is provided on the My-ASP.Net Web site. You can enter a Cancellation Request ticket by logging into: My-ASP.Net's Helpdesk or email support@my-asp.net

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account.

On or after renewal date cancellations will be charged renewal fees.

Customer understands and agrees that My-ASP.Net does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

5. Refunds and Disputes.

IMPORTANT NOTICE: Except as explicitly provided below all payments to My-ASP.Net are NON-REFUNDABLE.

All payments to My-ASP.Net are nonrefundable. This includes any setup fees, service fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred.

6. 30-Day Money-Back Guarantee

Without waiving any of its other rights under this Agreement, My-ASP.Net offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the "30-Day Guarantee"). If for any reason you cancel your account by submitting the cancellation request ticket to My-ASP.Net, within thirty (30) days of the beginning of your service, My-ASP.Net will refund your money with no questions asked.

Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:

Setup fees
Fees for domain name registrations
Fees charged for exceeding your allotted disk storage space or bandwidth
SSL certificate fees
Web design fees
Web site marketing fees
Any add-on services, features, software
Any third party fees or expense

6.1 The 30-Day Money Back Guarantee is subject to all of the following limitations:

If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of My-ASP.Net.

You may not transfer or assign the 30-Day Guarantee to any third party.

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from My-ASP.Net and does not apply to any changes to your service at any time.

Customer agrees not to engage in any activity that violates any Canadian federal, provincial, local or international laws applicable to the service terms described in this Agreement.

7.0 Server Backup, System Data management and Restoration.

In order to allow us to provide the best service to you, My-ASP.Net accounts are backed up daily and weekly. However, these backups are intended for My-ASP.Net administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, My-ASP.Net always seeks to create complete and accurate backups of customer accounts.

Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, My-ASP.Net does not guarantee the availability, completeness, currency, or integrity of these backups or the data they contain. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.

Customers are responsible for maintaining their own backups on their own personal computers or other computers.

By posting or submitting content to any My-ASP.Net Web site, server, or database you:

Grant My-ASP.Net a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with My-ASP.Net;
Acknowledge that you are placing data on servers, networks, and systems that reside physically in Canada. Such servers, networks, and systems are governed by Canadian law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by Canadian law and the My-ASP.Net privacy policy. By ordering or using My-ASP.Net' services, you explicitly consent to this provision regarding privacy.
Agree to defend, hold harmless, and indemnify My-ASP.Net for any claims of any third party resulting from the public posting or use of your content.

My-ASP.Net does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that My-ASP.Net backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of My-ASP.Net or any of its employees or agents, and regardless of whether My-ASP.Net had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.

In the event that you need to recover data from a backup, My-ASP.Net will use reasonable efforts to restore data to your account from the appropriate backup.

Please note that this service is intended to complement your own backups to your own my-asp.net computer, and is not a substitute for those backups. Again, My-ASPNnet does not guarantee the availability, completeness, currency, or integrity of its backups.

You understand and agree that My-ASP.Net backup policy does not create any warranties for whose breach My-ASP.Net can be held liable.

9.0 Liability / Indemnification

Customer agrees to defend, indemnify, and hold harmless My-ASP.Net and the parents, subsidiaries, successors, assigns, employees and agents of My-ASP.Net against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

My-ASP.Net SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR

Any indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of my-asp.net services by customer or any third parties, regardless of the form of action or theory of liability, or
Any loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions.
My-ASP.Net provides the services and products as is, without warranty of any kind, whether express or implied. My-ASP.Net disclaims all warranties of non-infringement of any third-party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and my-asp.net shall have no liability therefore.

To the maximum extent permitted by law, My-ASP.Net disclaims, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it, and the internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights.

My-ASP.Net does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its networks, or the internet.

10. No Waiver of Rights by My-ASP.Net Hosting.

11. Notices.

11.1 From My-ASP.Net to Customer.

My-ASP.Net will notify you by e-mail of any notices that My-ASP.Net is required to provide to you under this Agreement, at the most current e-mail address you have provided to My-ASP.Net.

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that My-ASP.Net has your most current e-mail address, and My-ASP.Net shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that My-ASP.Net sends to the most current e-mail address you have provided to My-ASP.Net.

11.2 From Customer to My-ASP.Net .

Unless otherwise specified in this Agreement, notices to My-ASP.Net shall be sent to the following address:

My-ASP.Net Hosting
Attention: Legal Notices
2435 Glenayr Dr.,
Nanaimo, BC, Canada
V9S3R8

12. Governing Law - Province of British Columbia, Canada

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

13. Entire Agreement.

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and My-ASP.Net, and supersedes any prior or previous agreements between you and My-ASP.Net with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which My-ASP.Net notifies you from time to time, pursuant to this Agreement.

14. Service Interruption.

My-ASP.Net shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, natural disaster, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of My-ASP.Net.

15. Severability of Terms of this Agreement.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

16. Limitation of Actions Arising Under this Agreement.

Any cause of action you may have with respect to My-ASP.Net performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.