Service Policies

Here are the policies that govern NETalberta’s use and its users.

NETalberta ISP User Agreement

This User Agreement ("Agreement") is an agreement between NETalberta Internet Services, a division of Hök Nik Creative, Inc. ("NETalberta") and any persons, entity or agents and authorized representatives using any of NETalberta’s Internet services (collectively, the "Services). Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY USE OF ANY OF NETalberta’s INTERNET SERVICE(S), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING NETalberta’s USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. NETalberta reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by NETalberta. Activation of the Services shall indicate NETalberta’s acceptance of this Agreement. Subject to the terms and conditions of this Agreement, NETalberta will provide to Customer the Services as requested by Customer.

Usage Policy

Under this Agreement, Customer shall comply with NETalberta’s then current "Usage Policy", as amended, modified or updated from time to time by NETalberta, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference.

In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. NETalberta does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website.

Notwithstanding anything to the contrary contained in this Agreement, NETalberta may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event NETalberta takes corrective action due to a violation of the Usage Policy, NETalberta shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that NETalberta shall have no liability to Customer or any of Customer's customers due to any corrective action that NETalberta may take (including, without limitation, disconnection of Services).

Amendment

NETalberta may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. NETalberta may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on NETalberta’s website or two days after the sending of a notice by NETalberta to Customer by e-mail or conventional mail. If any material modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 3. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. NETalberta reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.

Term; Termination; Cancellation Policy

The Initial Term of this agreement shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) by NETalberta in the event of nonpayment by Customer, (iii) by NETalberta, at any time, without notice, if, in NETalberta’s judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in NETalberta’s judgment, could disrupt, NETalberta’s business operations and (iv) by NETalberta in accordance with Sections 1, 9, and 10 of this Agreement.

If you cancel this Agreement prior to the end of the Term:

  1. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
     
  2. NETalberta shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,
     
  3. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) NETalberta shall have the right to charge you an early cancellation fee of $25.00. Any cancellation request shall be effective 30 days after receipt by NETalberta, unless a later date is specified in such request. If NETalberta cancels this Agreement prior to the end of the Term, NETalberta shall not refund to you any fees paid in advance of such cancellation and;
     
  4. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and NETalberta shall have the right to charge you an early cancellation fee of $25.00.

Domain Name Registration, Management & Cancellation

NETalberta registers and manages domain names on behalf of its customers on a one year prepaid basis (except .ca domains - registered and managed for two years). NETalberta requires 60 days written notice (prior to the domains expiry date) to cancel or drop a domain name. Domains are automatically renewed and customers are invoiced for domain renewals one month prior to the domain's expiry date.

Billing and Payment

All fees for the Services shall be in accordance with NETalberta’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. A $15.00 late fee will apply to accounts past due more than ten (10) calendar days from the due date. NETalberta may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.

NETalberta may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due NETalberta remains unpaid twenty (20) days after such payment is due, NETalberta, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There will be a $50.00 charge to reinstate accounts that have been suspended or terminated.

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of NETalberta) shall be paid by Customer. Customer agrees that NETalberta may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration. Returned checks will be assessed a $30.00 charge. Wire transfers will be assessed a $30.00 charge.

Special Provisions Applicable to Resellers

NETalberta from time to time may offer reseller programs which will permit Customers to resell certain NETalberta products and services, and be eligible for certain discounts, services and other promotions. A Customer that participates in a reseller program is referred to herein as a "Reseller". To be eligible to participate in a reseller program, the Reseller may be required to meet certain requirements as provided in such reseller program. If you are a Reseller, the terms and conditions in this section (in addition to any terms or conditions contained in the reseller program) are applicable to you. As a Reseller, you are NETalberta’s Customer. A Reseller shall be deemed, and is the "Customer" for all purposes under this Agreement and the Usage Policy. When you resell the Services, the purchaser of those resold services becomes your customer (a "Reseller Customer"). A Reseller Customer is not a Customer of NETalberta, and NETalberta will not support any Reseller Customer. Reseller shall take all necessary measures to preclude NETalberta from being made a party to any agreement with any Reseller Customer. As a Reseller, you are authorized to resell the Services identified in the applicable reseller program on a non-exclusive basis. NETalberta reserves the right to market and sell its products and services through its own employees, other resellers and other representatives and retailers that may compete with you. The terms and conditions of such other relationships may differ from the terms of this Agreement and the reseller program, and may be better. Reseller shall be responsible for billing, and collecting payments from, Reseller Customers. Reseller shall not withhold payments to NETalberta under this Agreement because of a failure of a Reseller Customer to make payments to Reseller. Reseller may set the prices to be paid to it by Reseller Customers for any of the resold Services. Reseller shall provide all support (including, without limitation, customer support, first level support, second level support, and other technical support) for Reseller Customers.

Reseller shall pay all sales, use, transfer, privilege, excise or other taxes and all duties, whether international, state or local, however designated, which are levied or imposed on NETalberta and Reseller under this Agreement and any and all transactions between Reseller and Reseller Customers.

Reseller shall not resell the Services under NETalberta’s brand name. Reseller shall be solely responsible for compliance with any regulations governing the export of the Services (or any portion thereof). Nothing in this Agreement constitutes a license to Reseller to use or resell the Marks (as defined below).

NETalberta as Reseller or Licensor

NETalberta is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-NETalberta Product"). NETalberta shall not be responsible for any changes in the Services that cause the Non-NETalberta Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-NETalberta Product either sold, licensed or provided by NETalberta to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of NETalberta obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-NETalberta Product are limited to those rights extended to Customer by the manufacturer of such Non-NETalberta Product. Customer is entitled to use any Non-NETalberta Product supplied by NETalberta only in connection with Customer's permitted use of the Services.

Customer shall use its best efforts to protect and keep confidential all intellectual property provided by NETalberta to Customer through any Non-NETalberta Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-NETalberta Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

IP Address Ownership

If NETalberta assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to NETalberta, and Customer shall have no right to use that Internet Protocol address except as permitted by NETalberta in its sole discretion in connection with the Services, during the term of this Agreement. NETalberta shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by NETalberta, and NETalberta reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Caching

Customer expressly (i) grants to NETalberta a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by NETalberta under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

CPU Usage

Customer agrees that Customer shall not use excessive amounts of CPU processing on any of NETalberta servers. Any violation of this policy may result in corrective action by NETalberta, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in NETalberta’s sole and absolute discretion. If NETalberta takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). NETalberta will monitor Customer's bandwidth and disk usage. NETalberta shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in NETalberta’s sole and absolute discretion. If NETalberta takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Web Design Services

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend NETalberta and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

The Designer owns copyright to the finished web design site produced. The client will be assigned rights to use the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to royalty free photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. All web design projects completed by our studio contain a credit link to the designer, unless stipulated otherwise by the client.

Prior to design, the Management reserves the right to refuse to construct a web site which may be judged as unfit due to content issues or otherwise.

Customers will pay a 50% deposit for design fees before work on design begins. The remaining 50% will be due upon completion of the project. Your site will not be posted for Internet viewing until all design fees have been paid. If a client decides not to continue with design service after the initial deposit has been paid and after design work has begun to the programming stage, no refund will be issued. We accept most major credit cards as well as company cheques.

As every assignment is different, we determine ‘estimated’ design costs. If your project expands in scope, we reserve the right to bill in addition to the estimated price at our standard hourly rates. We recognize the need for budget control and financial accountability. If awarded your project(s) we will supplement the estimates provided with written or verbal cost reports at predetermined points throughout the projects.