All services provided by Bookkeepers Web Design Inc. ("BWD") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Canadian federal, provincial law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BWD from any claims resulting from the use of BWD’s services which damage the subscriber or any other party.

Prohibited are content or links to websites that promote illegal activity or present content that may be damaging to BWD's web and mail servers or any other server on the Internet.

Examples of unacceptable content or links include (but are not limited to):

• pornographic content
• racially motivated content
• counterfeit and/or pirated content
• hacker programs or archives
• Warez websites

IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A CANCELLATION FEE WILL APPLY. ADDITIONALLY, ACCOUNTANTS WEB DESIGN INC. WILL NOTIFY THE APPROPRIATE LEGISLATIVE AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic (bandwidth) allowance. BWD monitors all accounts and may adjust the bandwidth limit to accommodate your usage. At our sole discretion, BWD may invoice your account for each gigabyte of bandwidth exceeded however, prior to doing so BWD will consult with you to remedy any issues that cause excess bandwidth by your account.

Server Abuse

Any attempt to undermine or cause harm to a server or another customer of BWD is prohibited. Should you violate the Terms of Services outlined within, your account will be canceled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Money Back Guarantee, Refund Policy and Account Renewal and Deactivation

Money Back Guarantee

We offer a 30 day money back guarantee. Upon your notice to us of cancellation we shall:
Issue a cheque equal to the subscription fee paid less a $20 domain name fee and mail said cheque to the address listed on the account
Deleted all website content from our servers and backup system
Work with you to transfer your domain name to another domain name registrar
BWD cannot be held responsible for domain names that expire for not having been transferred to another registrar

Refunds:

Once past the 30 day guarantee period your account remains active for the duration of the current paid term. There is no pro-rata refund for accounts canceled after the 30 day guarantee period

Account Renewal

A renewal notice will be e-mailed to your account's main contact address 60 days prior to renewal. Accounts are automatically renewed so there is no action on your part if you wish to continue your subscription. Accounts whose payments are not approved are given a 48 hour grace period before being deactivated.

Account Deactivation

Deactivated subscriptions that wish to renew after expiration require a reactivation fee of $20 in addition to the subscription fee

Limitation of Liability

BWD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BWD servers going off-line or being unavailable for any reason whatsoever. Furthermore, BWD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BWD's servers. All damages shall be limited to the immediate termination of service and pro rata refund.

Violations

Violations of these Acceptable Use Policies should be referred to BWD's Administration Department. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

BWD cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site were functioning. Certain services provided by BWD are contracted thus certain equipment, routing, software and programming used by BWD are not directly owned or written by BWD. Moreover, BWD holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution as BWD sees fit.

Account Activation

By activating your account with BWD you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

BWD guarantees 99% service (http, ftp, pop, imap, smtp) up time on all plans. Should we fail to deliver this for any given calendar month, your account will be credited a pro-rated amount for the duration of excessive downtime.

BWD reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, BWD offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. BWD respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, BWD reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, BWD has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using BWD's services. This AUP may be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that BWD cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her own best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be offensive. Because BWD cannot monitor or censor the Internet, and will not attempt to do so, BWD cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that BWD does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over BWD's network and may reach a large number of people, including both subscribers and non-subscribers of BWD , subscribers' postings to the Internet may affect other subscribers and may affect BWD's goodwill, business, reputation or operations. For these reasons, subscribers violate BWD policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

• Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward BWD, but also because it can overload BWD's network and disrupt service to BWD's subscribers. Maintaining an open smtp relay is prohibited. When a complaint is received, BWD will investigate and shutdown the account that is Spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore BWD reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should BWD choose to pursue and prosecute.
  Audio/Video Streaming: Audio/Video Streaming is not hosting friendly. As such, BWD does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
• Adult-Oriented Content: BWD does not allow adult content and will suspend/terminate any offending account.
  Large File Policy: BWD is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .iso, audio/video files or .exe files. If you are unsure whether your file is against this policy, please e-mail BWD's Administration Department.
• Obscene Speech or Materials: Using BWD's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. BWD is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
• Defamatory or Abusive Language: Using BWD's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is strictly prohibited
  Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
• Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
• Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
• Facilitation of a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
• Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States.
• Usenet Groups: BWD reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
• Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
• Other Activities: Engaging in activities, whether lawful or unlawful, that BWD determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. BWD will not monitor the communications of its subscribers to ensure that they comply with BWD 's policy or applicable law. However when BWD becomes aware of harmful activities, it may take any action to stop the harmful activity including, but not limited to removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet or any other action deemed appropriate by BWD .

BWD will not monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. BWD may however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, BWD may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. BWD assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases, may be prohibited by law from giving such notice. Finally, BWD may disclose subscriber information or information transmitted over its network where necessary to protect BWD and others from harm or where such disclosure is necessary, to the proper operation of the system. BWD will never sell information to other services or outside companies.

Finally, BWD wishes to emphasize that, in accepting the Service Agreement, subscribers indemnify BWD for any violation of the Service Agreement, law or BWD policy resulting in loss to BWD or the bringing of any claim against BWD by any third party. This means that, if BWD is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against BWD , plus costs and reasonable legal fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including BWD and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to the BWD Administration Department