Terms and Conditions
These Terms and Conditions are binding on all subscribers to Techever Development Inc. services, including but not limited to Techever Solutions websites (http://www.techever.com)
The following terms shall have the following meanings, unless the context otherwise requires:
"Techever" or "We" refers to Techever Development Inc., its subsidiaries and affiliates.
"Contents" refers to any software, content, data, information or other material that is accessible by or through using Techever 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 Techever Services;
"Login ID" means any personal identifier(s) issued by Techever to the Subscriber to gain access to all or any of the Techever'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 Techever to the Subscriber, which enables access to all or any of the Services;
"Services" means those ecommerce, e-mail, web design, web hosting, domain registration and domain hosting services provided by Techever
"eComPro System" trade name of eCommerce online sales system provided by Allnetlink, an Application Software hosted with Allnetlink only without source code provided. User only licenses to use this application from Allnetlink.
You must accept the terms of this Agreement in order to use the Services.
1.0 Use of Services
1.1 Limitation of use:
a) Adult Content is not allowed; hosting contents, picture/video posting forum with sexual content is prohibited. Please contact us for Adult Content hosting in different hosting service.
b) Exceeding hosting plans traffic is CDN$12/GB/month. Please note that as stated in term (3),
c) Copyrighted Materials: Techever 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. Techever 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;
d ) Medium/Large Scale Streaming Techever 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;
e ) Techever 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. Techever 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, promotion materials and programming are copyrighted to Techever 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 Techever could modify, alter or remove any designs and programming scripts that are created by Techever. The Subscriber should not publish, post or transfer any of our designs or programming scripts to other companies. Techever reserves the right to modify, alter or remove any of our designs and programming scripts anytime at Techever'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 Techever's server(s) for which the Subscriber has not been authorized by Techever.
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. Techever 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 Techever 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. Techever exercises no control whatsoever over the Content passing through the Services.
4.0 Viruses and Other Destructive Activities
4.1 Use of Techever'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 Techever's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
5.1 Techever reserves the right at all times to deactivate all or any of the Services thereof with a at least 24 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 Techever 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 Techever may suspend or terminate this Agreement and/or the provision of the Services without notice and without limiting any other remedies available to Techever 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 Techever; or The Subscriber is in breach of any terms of this Agreement.
5.4 Techever 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 Techever's sole opinion, with the continued use of and/or subscription to Techever. The Subscriber may request Techever 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 Techever, Techever 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 Techever 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. Techever 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. eComPro system provide back-up programs and subscriber should back-up data periodically.
7.0 Limitation & Exclusion of Liability
7.1 Techever guarantees 99% network and 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 99% network and server uptime, Techever 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 Techever 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 Techever'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 Techever has no control.
8.1 The Subscriber hereby agrees to indemnify and to keep Techever fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense suffered or incurred by Techever 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 Techever 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 All payments for subscriptions or services are non refundable.
10.1 All applications for Techever Services shall be subject to review and acceptance by Techever
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 Techever 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