Create A Site - Terms and Conditions

Terms and Conditions

This document contains the terms by which end-users, members and clients of Create A Site™ are to make use of services provided on this site. This document may be considered as a right of use document and all users of this website are bound to the fullest extent of law by this document. It is strongly advised that users of this site read these terms and abide by them.

Within this document, “I”, “you”, “them”, “members”, “end-users” refers to clients/end-users of this site.

“We”, “Our”, “Us” refers to Createasite.ca and its staff.

If you are accepting the terms provided herewith on behalf of an organization or employer, then “you” shall refer to that employer, organization, or entity. Your acceptance of this terms and conditions would be regarded as being accepted by the employer or organization you represent.

Users below the age of 18 must have parental/guardian permission before commencing use of this site.

Important

Create A Site shall not be considered as responsible for any use you make of our services, neither for any charges that you may incur with any third parties.

By logging into your account, or uploading files to it, you give us express indication of your acceptance of these Terms and Conditions and any other documents linked to it.

We reserve the right to withhold service(s) from end-users for reasons considered reasonable by Create A Site staff.

All hosting plans are discounted packages and therefore cannot be part paid or cancelled until renewal.

Regardless of anything else in these terms and conditions, our liability shall not exceed a proportionate amount of your subscription fees.

When your account is closed, all files (including web pages, etc.) shall be deleted within 72hours.

We reserve the right to cancel an end-users account at any time without prior notice.

To protect your privacy we will never distribute Personal Identifiable Information on our end-users to third parties except under conditions as stated within this document and our privacy policy.

End-users must not participate in any form of Spam, un-solicited bulk e-mailing, provision of cracked content, and adult content.

In the event an end-user uses his website to provide customers with deficient service(s) we cannot be held liable.

Right to Change

We reserve the right to amend and update our Terms and Conditions & Privacy Policy pages without prior notice to members of this site. Emails of notification may be sent to members after changes have been made to this document but we cannot be held liable for the non-delivery of these emails.

Ignorance shall not be considered a reason to be exempted from any clauses included in any updated versions of these documents.

Payment of Service

We reserve the right to change the costs of our services without prior notice to members of this site.

Payment shall be required before we are able to provide members of this site with any service(s). Debtors shall be denied access to service until all outstanding payments have been cleared.

Delays may be caused as a result of transaction verification procedures carried out by the payment processor through which we were paid. We cannot be held liable for any delays that may arise during the payment process.

Server Use

We do not provide services to end-users whose content include warez, adult, illegal, or cracks. We reserve the right to suspend/block any accounts we consider as providing illegal or unfit information to its users.

We are not liable for the content or service(s) provided on end-users websites.

Control Panel Access and Create A Site Program

All users will have full access to the control panel of their account for the hosting packages. However if the "Create A Site" program is requested or installed on to the users account, the control panel access will be removed or inaccessible. If you need any changes to your account you may contact our support department and we will be glad to make the changes. This helps us protect our program from being copied and distributed. If anyone or company uses our program on an account that is not one of our accounts this will be considered theft and legal action will be taken. The program is copyrighted.

High Resource User Policy

Any end-user whose usage of our services jeopardizes server performance or the continued provision of service to other end-users may have his account suspended.

This policy applies to end-users :-

	who may use more than their allocated band-width
	whose website(s) are found to be monopolizing memory and processor space.

We advise our end-users to constantly go through their scripts and source code for evidence of mal ware/spy ware or any other illegal/intrusive contents.

End-users should note that this policy shall be employed in extreme cases only. Once an end-users account is suspended, he/she has to contact us to get detailed information on why his account has been suspended. We expect that once informed, an end-user is posed with the responsibility of fixing errors causing the problems for which his account was blocked or suspended.

Domain Names

Under certain circumstances, we may accept the transfer of Domain names to our servers.

Cancellation and Refunds

An End-user or member of this site is to give us one month's written notice in order to terminate the agreement or plan for which the end-user is subscribed to.

Create A Site and its staff shall be the ones to make all decisions regarding refunds. End-users have no right to refund except as determined by Create A Site staff. Setup fees and domain registration fees are non-refundable.

External Links

We cannot be held liable for inaccuracies or liabilities which include but are not limited to the non-provision of service, lack of support, misuse of site, dispute cases, and refund cases arising from end-users use of any external links originating from this site. Any problems shall be handled by operators of such links and we are not bound to intercede in such cases.

In the event we intercede, we shall maintain a neutral position and shall not be in support of any parties involved.

Users of external links should note that when on our external links, they shall be bound by the terms and privacy policies as indicated by the operators of such links.

We are not responsible for the external links so cannot guarantee their content’s accuracy, reliability, timeliness, and completeness. We also do not guarantee that these links are free from viruses, mal ware, risk ware, or spywares of any kind. We recommend users have anti-virus software installed on any computer systems they use to access these links.

Cookie Agreement

Your use of this site and acceptance of the terms as provided within this document gives us express indication of your agreement to our making use of cookies to make services provided on this site a possibility.

Personal Identifiable Information is collected on this site. Your acceptance of this terms and conditions document gives us express indication of your acceptance of both this document and the terms within our privacy policy document.

In addition, we reserve the right to comply to requests from law enforcement agencies or government entities, even to the extent that such compliance may require disclosure of certain information collected from end-users.

Limitation of Warranties and Liability

IN NO EVENT SHALL CREATE A SITE OR ANY OF ITS AFFILIATES OR CONTENT/SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT OR OTHERWISE.

Indemnification

Your acceptance of this document means you shall indemnify us from any/all liabilities, losses, costs, and claims. You agree to defend, indemnify, and hold harmless SwitchHost against liabilities arising out of :-

	Any injury to person or property caused by any products sold or otherwise distributed in connection with Fasthosts' server;
	Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
	Copyright infringement andCopyright infringement and
	Any defective service/products that may be sold to customers from Create A Site server(s).

Disclaimer

Create A Site cannot be held liable for any damages an end-users business may suffer. We make no warranties of any kind, expressed or implied for services we provide. This includes the loss of data resulting from delays, non-deliveries, wrong delivery, and any/all service interruptions caused by Create A Site or its employees.

Acknowledgement

YOU HEREBY ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL PRIOR TO YOUR AGREEING TO IT.

YOU AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE DOCUMENT BINDING YOU AND SwitchHost.

YOU AGREE THAT THIS DOCUMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT EITHER WRITTEN OR ORAL EXCEPT WHERE STATED OTHERWISE.

Trademark/Copyright

Create A Site is a registered trademark. All rights in respect to this trademark are hereby reserved.

Except where otherwise stated, all other trademarks appearing on this site are properties of their respective owners.

Contact

If you have concerns in relation to this document or your Agreement with this document, please contact us by email or via phone at: 1-780-328-6058

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