You'll Stay !
Published: June 1, 2002 | Updated: August 1, 2006
This pages establishes any and all terms and conditions of agreements between Silverland International and its customers. This page also includes acceptable use policies as they relate to the Customer's use of the Internet and the other services provided by Silverland Hosting. By establishing an account with Silverland, you are agreeing to the terms and conditions contained in this document.
For the purposes of this document the general public and paying clients are referred to as the "Customer". Silverland International is referred to as "Silverland Hosting" or "Silverland" or "the Vendor".
1. SERVICE DESCRIPTION
Silverland provides various services to its customers for a fee. These services include, but are not limited to Internet services such as domain hosting, web-site hosting, database hosting, application hosting and electronic mail services. To receive such services a customer account must be established with Silverland and any initial or setup fees must also be paid. Silverland reserves the right to refuse service to anyone at any time for any reason.
2. SERVICE USAGE
A. Legal Parameters: This service may be used only for lawful purposes and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Customer agrees to indemnify and hold harmless Silverland from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by the Customer.
B. Unilateral Service Revocation: In the event that Silverland, at any time, believes that the service is being used by the Customer in contravention of the terms and provisions of this contract, the Vendor may, at its sole discretion, immediately discontinue such service to Customer without liability.
3. NO WARRANTIES
With respect to the service to be provided hereunder, the customer acknowledges that Silverland makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, the customer agrees that Silverland shall not be liable to the customer for any claims or damages which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Silverland. The customer hereby agrees to indemnity and hold harmless Silverland from any and all claims of whatever nature brought by any of Customer’s customers against Silverland.
4. USE OF INFORMATION
The utilization of any data or information received by customers from the utilization of the service to be provided by Silverland is at the customer's sole and absolute risk. Silverland specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services provided to the customer.
5. DOMAIN NAME
If Silverland shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against Silverland for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Silverland for any reason. Any costs incurred by Silverland in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to Silverland upon invoice from Silverland to the customer.
6. SERVICE FEES AND INVOICING
Customer shall pay any initial fees set forth by Silverland prior to the commencement of service. In addition, the Customer shall be charged for an initial three (3) month period of service. In the event that Customer shall fail to pay for such services in advance of that three (3) month period, then Silverland shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, Silverland may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension may require a re-connect fee, the amount of which is set at the sole discretion of Silverland.
7. CUSTOMER SUPPORT
Support issues must be initiated through the electronic forms located in the Technical Support Center available at Silverland's website. Silverland will make a diligent effort to resolve issues related to services provided to a customer, but does not guarentee to provide a solution for every issue raised. Silverland's services are provided "as-is" under the warranty stated in paragraph three (3) of this agreement.
Any customer who cancels or terminates services within 30 days of initial service activation, or within 30 days of an automatic account renewal, is entitled to a full refund equal to the amount charged by Silverland for the service. All one-time setup fees are non-refundable. For cancellation or termination requests received after 30 days of service activation, or received after 30 days of an automatic account renewal, no refunds will be given.
Any cancellation of services must be requested by using our service cancellation form, which is accessible by all Silverland customers. Use of this online console requires a user name and password (provided to customers during account activation) and ensures that only an authorized customer contact is able to initiate a cancellation request. Cancellations may also be requested by fax, providing we can reliably determine the identity of the sender by way of a return telephone number. Please see our contact information page for our fax number information.
For any cancellation request, we require at least 24 hours notice prior to the actual date of cancellation. Cancellations processed as a result of violations of these Terms and Conditions or other policy violations in particular Unsolicited Commercial Email (spam) are subject to clean-up fees, termination charges or other charges at the sole discretion of Silverland. In the case of policy violations, Silverland reserves the right to terminate or suspend any accounts or services without prior notice. Silverland reserves the sole right to determine what is and what is not a policy violation.
New Customers. To set up a new service with Silverland, customers are required to make an initial quarterly, semi-annually, or annual payment, along with any applicable set up fees. New accounts will not be set up until payment has been received and processed by our Accounting Department. Silverland accepts Visa, Mastercard and American Express as a means of payment by credit card. Other forms of payment such as purchase orders, wire transfers or checks may also be accepted.
Contract Renewals. Contracts for services provided by Silverland, including all website hosting plans, database hosting plans, optional services and dedicated servers are automatically renewed at the renewal date unless we have been otherwise notified.
Existing Customers. Customers in good standing may order new hosting services at any time without an initial payment. Normally we will bill for new services once they have been setup and are available for use. If requested, we can adjust the billing periods for new services to match the billing period of any existing services you may have.
Statements. We provide full statements to our customers. Our statements show domain names, billing periods, amounts charged, amounts paid, useful descriptions and other important information. Accounts carrying a balance forward will be issued a statement every thirty days until full payment is made. Statements issued to customers paying by credit card will show type of card used to make the payment. We do not print credit card numbers on our statements.
10. SCOPE OF AUTHORITY
Customer has no authority, apparent or otherwise, to contract for, or on behalf of Silverland, or in any other way legally bind Silverland in any fashion, nor shall Customer be authorized to make any representations about Silverland or its services
other than to reiterate to its Customers Silverlands' responsibilities as outlined in this agreement.
11. CHANGES IN TERMS OF AGREEMENT
Silverland reserves the right to make changes to the above terms and conditions of this agreement. The Customer agrees to monitor Silverlands' website for notice of changes in this agreement on regular basis. Changes in monthly service fees shall become effective only at the end of the customers current billing period for which the customer has prepaid. Utilization of the service by the Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.
Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be Edmonton, Alberta, Canada.
Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, if Silverland shall be the prevailing party, Silverland shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
Account Holder Disputes: Silverland will only accept and process changes to a Customer Account, including the issue and/or re-issue of passwords, from the party that originally setup the Customer Account and can demonstrate to Silverlands’ satisfaction that they are the rightful Account Holder. Silverland will not divulge or change passwords to any account without proof of identification, which is satisfactory to Silverland, which may include written authorization with signature.
In the event of any partnership break-up, divorce or other legal problems that includes a Customer Account, the Account Holder understands that Silverland will remain neutral and may put the Account on hold until the situation has been resolved by the parties involved.
Under no circumstances will Silverland be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Silverland from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
13. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between Silverland and the Customer, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between Silverland and the Customer, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect.
The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.
In order to facilitate their contractual relationship the Customer and Silverland wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities:
a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and it’s operating principles and procedures.
b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
c) Unsolicited Commercial Messages - Silverland strictly prohibits Unsolicited Commercial Messages, also known as "spam". This includes using our network to distribute unsolicited bulk messages or using any outside network to send bulk messages advertising a web site, business, charity or other organization and any products or services including but not limited to bulk email software or bulk email services to any other persons or any other activity promoting, aiding or otherwise enabling the transmission of unwanted bulk messages. Use of email account lists obtained for the purpose of transmitting bulk messages is prohibited. The term "opt-in list" means each and every person on the list has given express prior written consent directly to the originator of any messages prior to the recipient receiving any messages from the originator. Silverland reserves the right to immediately and without prior warning terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees. Silverland reserves the right to determine if any particular activity is in violation of this or any other policy. Silverland incurs a direct cost to clean-up, terminate and otherwise handle complaints and damages done by persons involved in Unsolicited Commercial Messages. For this reason, Silverland will charge the customer for clean-up fees, termination fees and other fees associated with termination or removal of accounts involved in Unsolicited Commercial Email. Such fees are typically $US 500 per incident but may be more depending on the nature of the incident. The actual amount of any Clean-up fees charged by Silverland are the sole discretion of Silverland.
d) Compliance with Laws - The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
e) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
f) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.
g) Discretion and Judgement - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
h) Pornography - Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, Silverland reserves the right to immediately terminate the Customer's account and no refund will be issued for any unused service fees. Material deemed to be pornographic is the sole discretion of Silverland, with due regard to the laws of Alberta, Canada.
i) Excessive Service Usage - Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other resources provided by Silverland. Judgements of excessive usage are determined solely by Silverland and will be considered in comparison to other Silverland customers using similar services and paying Silverland similar rates. Silverland may contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both Silverland and the customer, and that the customer continues to use excessive resources, Silverland reserves the right to immediately terminate any customer account associated with excessive resource usage. Accounts or services involved in excessive resource usage may be suspended or terminated immediately by Silverland without prior notice.
j) Notice of Termination - Silverland has the right to suspend or terminate any service without prior notice or warning for any reason at any time. If the terms and conditions or the general usage policies are violated in any way we reserve the right to immediately terminate the service without prior warning or notice. No refunds are issued for terminated services.
k) Fitness for Purpose and Intended Use - Silverland provides general purpose Internet, web hosting, email and other related products and services. All products and services are provided on an "as-is" basis. Silverland makes no guarantees regarding fitness of the products and services for any particular use or intent. It is the sole responsibility of the customer to determine if Silverlands' services are fit for the customers intended use. In the event that the products or services are unfit for any particular purpose, Silverland is under no obligation to alter the service to meet the intended use nor is Silverland under any obligation to provide alternate services to meet the intended use.