| These
Terms and Conditions are binding on all subscribers
to
Mecca services, including but not limited to Mecca Internet
Solutions websites (http://www.i-mecca.net, http://www.mecca.ca
and https://ehosting.ca)/e-mail/web design/web
hosting/domain registration/domain hosting/e-commerce
Services and constitute a contract between Mecca and
each
Subscriber. The following terms shall have the following
meanings, unless the context otherwise requires:
"Mecca"
or "We" refers to Mecca Internet Solutions
Ltd., its subsidiaries and affiliates.
"Contents"
refers to any software, content, data, information or
other material that is accessible by or through using
Mecca Services including, but without limitation to,
all electronic mail and other messages and all textual,
audio, video, still image, graphical and other content;
"Content
Provider" means any third party providing Content
and/or who operating services accessible by or through
using Mecca Services;
"Login
ID" means any personal identifier(s) issued by
Mecca to the Subscriber to gain access to all or any
of the Mecca's Services;
"Charges"
means any applicable charges from time to time including,
without limitation, monthly fee, storage charges and
other connect time charges, access charges, handling
charges, and other fees and charges as may be charged
from time to time, for or relating to the Subscriber's
use (and/or any other person's use of the Services by
using the Subscriber's Login ID and/or password) of
the Services;
"Password"
means any password issued by Mecca to the Subscriber,
which enables access to all or any of the Services;
"Services"
means those e-mail, web design, web hosting, domain
registration, E-Commerce, Shopping Cart provided by
Mecca
You
must accept the terms of this Agreement in order to
use the Services.
1.0
Use of Services
1.1
You must ensure that your activity while using the
Services does not improperly restrict, inhibit
or degrade any other Subscriber's use of the Services,
nor represent (in the sole judgment of Mecca) an
unusually large burden on the network itself, such
as, but not limited to, peer to peer file sharing
programs, serving streaming video or audio, mail,
http, ftp, chat rooms, and multi-user interactive
forums.
Mecca reserves the right to set specific limits for Bandwidth Usage and charge
for excessive Bandwidth Usage at any time. In addition, you must ensure that
your activities do not improperly restrict, disrupt, inhibit, degrade or impede
Mecca's ability to deliver the Services and monitor the Services, backbone,
network nodes,
and/or other network services.
Specifically Unlimited Data Transfer offer is not provided to the below situations:
a)
Adult Content Mecca does not provide
Unlimited Data Transfer to Subscriber who hosts sexual
related websites. For any sexual related websites, Mecca
covers only 10 GB of traffic each month for all hosting
plans and additional traffic is CDN$12/GB/month. Please
note that as stated in term (3), hosting picture/video
posting forum with sexual content is prohibited;
b)
Copyrighted Materials Mecca does not permit
Subscriber to host third party copyrighted materials
without appropriate permission and/or illegal materials,
including but not limited to text, audio and video clips.
Mecca reserves the right to terminate the Subscriber's
account and charge the Subscriber $12/GB/month should
we notice that the Subscriber is conducting the stated
activities with our Service;
c) Medium/Large
Scale Streaming Mecca
does not permit Subscriber to stream audio/video files
which attracts so many concurrent users on shared hosting
platform. In addition each media clip is restricted
to a maximum of 2 megabytes on shared hosting platform.
Streaming
media would degrade the overall server and network
performance
and will
directly
affect
other
clients on the same server. One must consider to use
our dedicated hosting service for medium or large scale
of streaming;
d)
Mecca does not provide Unlimited Data Transfer
to our
dedicated server hosting and server co-location
clients.
1.2
The Subscriber is not permitted to distribute material
promoting hatred against individuals or groups or any
Content which is deemed illegal under the laws of Canada
or any copyrights laws. Mecca reserves the right to
decline requests for web space rentals and to cancel
any account at our discretion.
2.0
Copyright Violations
2.1
Our
website designs (including Site2Go website templates),
promotion materials and programming are copyrighted
to Mecca and its licensors.
Any redistribution or republication of any of our designs
and programming scripts are strictly prohibited. The
Subscriber agrees that no one except Mecca could modify,
alter or remove any designs and programming scripts
that are created by Mecca. The Subscriber should not
publish, post or transfer any of our designs or programming
scripts to other companies. Mecca reserves the right
to modify,
alter or remove any of our designs and programming
scripts anytime at Mecca's discretion.
3.0
Spamming & Network Abuse
3.1
The Subscriber will not hack, break into, access or
use or attempt to hack, break into, access or use any
part of the Services, its content and/or any data areas
on Mecca's server(s) for which the Subscriber has not
been authorized by Mecca.
3.2
The Subscriber is not permitted to distribute material
promoting any form of network and server abuse,
such
as bulk spam mailers, sniffers, or hacking tools.
In addition, hosting picture/video posting forum with
sexual content is prohibited.
The
subscriber is also not permitted to host any script/file/media
clip or to perform email broadcasting which is consuming
huge CPU, memory and/or bandwidth resources. Mecca
reserves
the right
to disable
any
Subscriber's
script/file/media clip/email account/website without
prior notice should we find that the
Subscriber is causing Mecca serious technical
and/or bandwidth
difficulties.
3.3
The Subscriber should not use the Services to circulate,
publish, transmit, distribute, or any unsolicited promotional
information or any content that is seditious, obscene,
defamatory, indecent, threatening, offensive, liable
to incite racial hatred, discriminatory, menacing or
in breach of confidence. Mecca exercises no control
whatsoever over the Content passing through the Services.
3.4
The Subscriber are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at ehosting.ca. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by ehosting.ca.
The Subscriber are prohibited to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
The Subscriber are prohibited to host any illegal or unlawful activity
The Subscriber are prohibited for any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
4.0
Viruses and Other Destructive Activities
4.1
Use of Mecca's services or equipment for creating or
sending Internet viruses, worms or Trojan horses, or
for pinging, flooding or mail bombing, or engaging in
denial of service attacks is prohibited. It is also
prohibited for any customer to engage in other activity
that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the
ability of others to effectively use Mecca's services
and equipment (or any connected network, system, service
or equipment) or conduct their business over the Internet.
5.0
Enforcement
5.1
Mecca reserves the right at all times to deactivate
all or any of the Services thereof with a at least
8
hours advance notice to carry out system maintenance,
upgrading, testing and/or repairs. No credit or
refund
is available in respect of any time when all or any
of the services is down or suspended.
5.2
Mecca reserves the rights to expand or reduce the Services,
amend the Charges or introduce new charges payable by
the Subscriber, amend any of the terms and conditions
of this Agreement, alter, modify and/or delete any of
the Services without prior notice to Subscriber.
5.3
Mecca may suspend or terminate this Agreement and/or
the provision of the Services without notice and without
limiting any other remedies available to Mecca if any
of the following events should occur: The Subscriber's
balance remains unpaid 5 days after the invoice date
The Subscriber becomes the subject of bankruptcy, winding
up or receivership proceedings; or The Subscriber permits
outstanding charges to exceed the credit limit established
from time to time by Mecca; or The Subscriber is in
breach of any terms of this Agreement.
5.4
Mecca may terminate this Agreement and the Subscriber's
access to the Services at any time if the Subscriber
breaches any terms of this Agreement or if the Subscriber's
use of or actions in connection with the use of the
Services is/are inappropriate, in Mecca's sole opinion,
with the continued use of and/or subscription to Mecca.
The Subscriber may request Mecca to cancel the Services
provide at any time by giving 30 days written notice,
provided that all accrued charges as of the actual cancellation
shall be due and payable. Upon the termination of the
provision of the Services by Mecca, Mecca will cease
to provide to the Subscriber access to the Services
and all licenses and other rights and privileges granted
to the Subscriber. All payments (including any setup
fees and/or administration fees) previously made by
the Subscriber will not be refunded.
6.0
Warranty; Warranty Disclaimer
6.1
Mecca makes no warranties of any kind, whether expressed
or implied, for the Services it is providing and disclaims
any responsibility for the accuracy or quality of information
obtained through its Services. Mecca will not be responsible
for any damage Subscriber suffers from use of the Services.
This includes loss of data resulting from delays, non-deliveries
or service interruptions caused by its own negligence
or Subscriber errors or omissions, or due to inadvertent
release or disclosure of information sent by Subscriber.
The Subscriber should always maintain a good backup
copy of their website files, databases and emails at
all times.
7.0
Limitation & Exclusion of Liability
7.1
Mecca guarantees 100% network uptime and 99.5% server
uptime. Network uptime guarantee does not cover outages
due to scheduled or emergency network and/or facility
maintenance, which will be broadcast to all customers
in advance via email, and will not exceed 60 minutes
per month. Server uptime guarantee does not pertain
to scheduled or emergency server maintenance, unexpected
operating system and hardware failures. In order to
accomplish 100% network uptime and 99.5% server uptime,
Mecca has carried out the following:
a)
All network connections make use of Cisco's Hot Standby
Router Protocol (HSRP)
b) Multiple upstream providers
c) Fully redundant OCn internal backbone network
d) All network devices and server parts have onsite
spares
e) All key network components, mail and web
servers are monitored 24/7
f) UPS and diesel generator
power are in place to prevent power failures
7.2 Mecca
expressly disclaims any liability for (i) any damage
to or loss of data arising from the Subscriber's
use of the Services; (ii) any claim based in contract,
tort, or otherwise for any direct or indirect loss of
revenue, profits or any consequential loss whether of
an economic nature or any such loss which the Subscriber
suffers as a result of any error, inaccuracy or computer
virus in or introduced into the Subscriber computer
system by, through or in connection with the Subscriber
uses of the Services or the Software; (iii) any claim
relating to the Services and/or any Content supplied,
provided, sold or made available by or through the Services
(or any failure or delay to so supply, provide, sell
or make available); (iv) any disruption or suspension
of the Services or any part thereof which is attributable
to an event or circumstance beyond Mecca's control ("Force
Majeure Event"). A Force Majeure Event includes
but is not limited to acts of God, war, civil disobedience,
explosion, fire, flood, governmental action, legislation
not in force at the time of this Agreement, restraints
imposed by government or any other regulatory authorities,
labour disputes, trade disputes or delays of third
parties
(other than subcontractors) over which Mecca has no
control.
8.0
Indemnification
8.1
The Subscriber hereby agrees to indemnify and to keep
Mecca fully and effectively indemnified against any
action, liability, cost, claim, loss, damage, proceeding,
expense suffered or incurred by Mecca arising from or
which is directly or indirectly related to: the Subscriber's
use and any other persons use of the Services where
such person was able to access Mecca by using the Subscriber
Login ID and/or Password, including but not limited
to claims for defamation, infringement of copyright
or any other intellectual property rights; and/or any
breach or non-observance of any provision hereunder
by the Subscriber or any other person where such person
was able to access the Services by using the Subscriber
Login ID and/or Password.
9.0
Payment for Services
9.1
"14-day Money Back Guarantee"
is offered to selected Mecca's hosting plans. Within
the 14 day of the initial hosting service, Subscriber
under
"14-day Money Back Guarantee" can send a
written request (either by fax or email) to request
a refund
of the hosting fee. Should the Subscriber wants to cancel
the service, Mecca will refund the hosting fee previously
paid by the Subscriber minus Canadian $15 administration
fee minus any applicable cheque charges and minus any promotional benefits (ex. Free Domain). After the account has been active for 14 days, Mecca will provide partial refund of the hosting fee which deduct the following items: (Canadian $15 administration fee, any applicable cheque charges, 3 months hosting service fee, any promotional benefits). No full or
partial amount will be issued back to Subscriber
should hosting account has been activated for or over
the 3 months period* or to a renewed account. *14-days money back guarantee is only
offered to new Subscriber only. Subscriber who has
not subscribed to our service for the past 48 calendar
months is considered as new Subscriber.
9.2
Invoices are due on the date specified on the invoice.
Interest will accrue on unpaid amounts as and from 14
days after the invoice date at the rate of 2.0% per
month, or such other rate as we may determine from time
to time. Payment shall be made by credit card (Visa,
MasterCard and American Express) or pre-authorized payment.
Should a payment be rejected by your financial institution
for any reason, the Subscriber will be charged a fee
of Canadian $25.00 if the client is willing to pay within
5 business days of such incident occurs . Penalty charge
will increase by $25.00 per 5 business days should payment
cannot be received within the specified period.
Should
the Subscriber chooses to pay invoices by any method
other than by credit card charges the Subscriber may
be subject to a credit check. Mecca reserves the right
to examine the Subscriber's credit record before providing,
continuing or reinstating Services to the Subscriber.
The Subscriber authorizes Mecca to investigate the Subscriber's
creditworthiness and agree, from time to time, to provide
appropriate authorizations and financial information
as Mecca may reasonably request for this purpose.
9.3
In the event that the Subscriber wants to restore a
suspended account due to expiration, late payment, NSF,
chargeback, or poor credit history, there will be a
minimum Canadian $25.00-50.00 service restoration charge
on top of any chargeback fees, owing balances and interests.
9.4 Billing Terms and
Conditions are listed at our Billing Policy in which it
will still hold as legal bound for Mecca eHosting.ca
clients.
9.5 Purchases over $100 for sign ups
and/or registration requires a copy of a government issued
photographed id card, and front and back copy of the credit card used for payment.
BILLING
POLICY
10.0
Miscellaneous
10.1
All applications for Mecca Services shall be subject
to review and acceptance by Mecca. All new clients not from Canada will be required to provide additional information during our billing process for security purposes. Once the client has signed up for a new account, he/she will be contacted by our customer service agent for the following information:
• A photocopy of the Credit Card
• A photocopy of a valid picture ID (ex. Driver’s license)
The information may be faxed to 1-604-273-2076 or emailed to Support@mecca.ca. The account will be created once the information has been provided.
10.2
Confidentiality The parties each agree
that all Confidential Information (as defined below)
communicated to it by the other is done so in confidence
and will be used only for the purposes of this Agreement
and will not be used to compete with the other party
or disclosed to any third party without the prior written
consent of the other party except as permitted under
this Agreement. "Confidential Information"
means all information in any form, including, without
limitation, printed or verbal communications and information
stored in printed, optical or electromagnetic format,
which relates to the Services; or computer, data processing
or electronic commerce programs and software; electronic
data processing applications, routines, subroutines,
techniques or systems; information which incorporates
or is based upon proprietary information of either party;
or information concerning business or financial affairs,
product pricing, financial conditions or strategies,
marketing, technical systems of either party; or any
information concerning customers or vendors of either
party; or any data exchange between a party and any
customers or vendors. Exceptions to Confidential Information
include (1) information in the public domain; (2) information
developed independently by a party without reference
to information disclosed under this Agreement; or (3)
information received from a third party without restriction
and/or breach of this or a similar Agreement. It is
not a violation of this provision to disclose Confidential
Information in compliance with any legal, accounting
or regulatory requirement beyond the control of either
Party or, but in such case, prior to disclosure, the
disclosing Party shall give written notice to the other
Party to permit that Party an opportunity to challenge
such disclosure. If either Party is subpoenaed, such
Party shall give written notice to the other Party to
permit that Party an opportunity to challenge the disclosure
of Confidential Information. Upon the termination of
this Agreement and upon written request of the disclosing
Party, each Party shall promptly return all Confidential
Information of the other Party. This provision shall
survive the termination of this Agreement for two (2)
years.
10.3
This Agreement constitutes the entire agreement and
understanding between the parties and supersedes all
prior arrangements or understandings, whether oral or
written, between the parties relating to the subject
matter hereof.
10.4
These terms and conditions may be amended by Mecca at
any time and if any term or condition hereunder becomes
or is declared illegal, invalid or unenforceable for
any reason, such term or condition shall be separable
and shall not form part of these terms.
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