DOMAIN PARKING / RESERVATIONS

1. There is no charge for indefinite parking of domains on the servers or to transfer to another service provider. However, in the event a domain that was registered is transferred to another service provider and requires manual intervention by our support staff to complete the transfer, there will be an administrative transfer cost of US$50.00 (CDN$75.00) per domain assessed plus any applicable taxes.

2. Domain Parking does NOT include Web Space or Virtual Hosting. You are not provided with the option to submit your own DNS entries as we are NOT a Registrar and therefore assume that you wish to obtain your hosting services directly through Bizgateway Hosting.

3. Domain name payments are non-refundable. The 30 day money back guarantee only applies to the hosting portion of your service. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back.

4. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.

GENERAL

1. Bizgateway Hosting claims no control whatsoever over the content of the information passing through the Bizgateway Hosting web services. Bizgateway Hosting makes no warranties of any kind, whether expressed or implied, for the service it is providing. Bizgateway Hosting also disclaims any warranty of merchantability or fitness for a particular purpose.

2. Bizgateway Hosting will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

3. Bizgateway Hosting services may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

4. We have the right to refuse to host adult content and to remove it from our servers at any time. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools).

5. At Bizgateway Hosting and its officer's discretion, access to Bizgateway Hosting services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Bizgateway Hosting and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.

6. You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which you'd like added to the available system binaries or scripts please check with your sales representative to arrange approval.

7. You agree to indemnify and hold harmless Bizgateway Hosting from any claims resulting from your use of the service which damages you or another party.

8. Use of any information obtained via Bizgateway Hosting services is at your own risk. Bizgateway Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services.

9. Telnet and Shell Access is strictly prohibited.

10. You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary.

11. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.

12. If the disk usage, transfer limit or number of email accounts of a hosted package is exceeded, the user's account will be charged for extra bandwidth, disk space and/or email accounts according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their package’s respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.

13. Bizgateway Hosting reserves the right to suspend without prior notification, accounts which are deemed to be a threat to the functionality or existence of services.

14. Bizgateway Hosting will provide a 30 day money back guarantee. The 30 days start from the earliest of - the day we receive the electronic order form, the day customer signs up via fax or email. In any case, the set-up fee, extra bandwidth and extra storage space charges provided for in pricing are not refundable. 

15. Cancellations will NOT generate ANY refund.

16. Miva Merchant license keys are nonrefundable.

 17. If any Bizgateway Hosting account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User server Virtual Server. We reserve the right to make this determination at our discretion.

18. Over due accounts will be subject to service suspension.  A $50 reconnect fee will apply under these circumstances.

19. Use of Bizgateway Hosting services constitutes acceptance of these Terms and Conditions.

EASYMAIL/MAILING LISTS

1. EasyMail E-Mail Accounts are restricted to a maximum size of 10MBytes of space on the EasyMail e-mail server. If this space is exceeded, this may result in e-mail being lost or your account being suspended or terminated.

2. EasyMail E-Mail Accounts are restricted to a maximum e-mail transfer of 7MB per Mail Server request. This is restricted by the Mail Server.

3. Deletions of EasyMail Accounts are queued for execution once a day (overnight).


DOMAIN REGISTRATIONS

1. Virtual Hosting will be active 24 hours after the initialization process begins (Final Confirmation is e-mailed to the client with subject 'Final Service Confirmation'). This includes DNS Support and Web Hosting Support.

HEAVY USER SERVER

This server is available by approval only. Extra costs may apply as determined by Bizgateway Hosting

DISPUTES BETWEEN DOMAIN NAME HOLDERS AND THIRD PARTIES

The applicant acknowledges that any third party may, for whatever reason, challenge the use by the applicant of the domain name before an Administrative Domain Name Challenge Panel (ACP) in accordance with the WIPO ACP rules. The applicant further acknowledges that the decisions of an ACP may determine rights of applicant or other parties or both to the use of a particular domain name, and that, with respect to its right to use a particular domain name or names, it will be bound by ACP decisions.