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0. Introduction

0.1 This document contains the terms and conditions that govern the purchase and use of any of the products and/or services distributed and/or provided by J. Alfred Prufrock & Co. ("Alfred Prufrock", doing business as WhitchurchStouffville.com here). By using or continuing to use any of our products and/or services (including but not limited to interacting with our servers and/or placement of files on our servers or inaction to remove such files from our servers within the designated time frame), you explicitly acknowledge that you have read, understood and agreed to the terms and conditions espoused below.

1. Payment

1.1 You agree to pay in advance either monthly, yearly or one-time the amount set forth on our record in return for the product(s) and/or service(s) ordered.

1.2 You also agree to pay for any charge applicable to your account including but not limited to extra disk space or bandwidth.

1.3 All charges are due immediately upon invoicing. Failure to make payment will result in suspension or termination of your service(s). We also reserve the right to levy late payment surcharges for products and/or services that are already delivered.

1.4 Except in conditions espoused in our 14 days money back guarantee, all payments made are not refundable. Please refer to 6.1 for more details.

1.5 When you refer a friend, you are eligible for a 15% commission of her first payment (incl. any setup fee if applicable). You may even refer yourself by buying a second account from us and save 15% too. A referral will be considered valid upon notification from the new account holder within the first 14 days of signing up. Commissions will be paid out as credits to your account in 28 days or less after validation. Please be reminded that any subsequent revocation of payment either by invoking our 14 days money back guarantee or third party chargeback would invalidate even a paid referral.

1.6 All credits to your account are applicable to products and/or services distributed and/or provided by Alfred Prufrock. However, they have no cash value and are not transferrable between clients. When an account terminates, any credit it has becomes void.

2. Client Relationship

2.1 You certify that you are at least of the legal age of majority, and eligible to enter into a legally binding contract as an adult.

2.2 You must also provide valid contact information including first and last names, mailing address, telephone number and e-mail address, and render us any necessary update to ensure availability and accessibilty at all time.

2.3 You are not allowed to resell, sub-lease or re-distribute any product or service purchased from Alfred Prufrock unless explicitly permitted otherwise (as e.g. in our reseller accounts). Any ownership transfer must be pre-authorized by Alfred Prufrock, if it is ever allowed at all.

2.4 Your account login information (e.g. username and password) is not supposed to be shared with anybody else, except in the case of corporate clients with 2 or more designated users.

2.5 You explicitly agree to receive notices from us by post, electronic mail or other means of communication. To opt out of our correspondence list, please cancel all services you have with us and advise us of your preference.

2.6 We always treat our clients with respect, and in return expect the same from you. We could understand your frustration or anxiety under certain circumstances when support is eagerly needed; however, you are reminded to remain business-like: any sub-professional behavior (for example but not limited to the use of foul language) will not be tolerated and will result in the immediate suspension and/or ultimate termination of your services with no refund.

3. Acceptable Use

3.1 All products and/or services distributed and provided by Alfred Prufrock may only be used for lawful purposes. Any storage or transfer of materials such as but not limited to textual, graphic or multimedia files, as well as authorized or unauthorized interaction with our servers which is libelous, offensive, objectionable, untruthful, misleading, or may lead to civil or criminal liabiity, or violates any applicable federal, provincial or local law in respective jurisdictions is prohibited.

3.2 You can rest assured that we have a zero tolerance regarding spam (or bulk unsolicted e-mail). Any client found engaging in spamming related activities (including but not limited to sending unsolicited e-mail in bulk volume via our servers, using e-mail aliases created on our servers as return addresses for spamming, or advertising websites hosted on our servers by means of spamming) will have her account immediately suspended with no prior warning and ultimately terminated with no refund.

3.3 We are not a big fan of censorship and value highly the freedom of expression. However, we prefer not to deal with controversial content at all in order to optimize our limited resources to better serve mainstream clients. In light of this, we specifically ask that you do not upload or make available for download any content or hyperlink related to pornographic materials . If you have questions concerning how we define pornographic, please feel free to contact us. A simple but useful guideline is to not include any nudity, and whatever not allowed on prime time network television will probably not be allowed here either.

3.4 You are also asked not to include any patent, trademark or copyright infringing materials (including but not limited to words, pictures and other multimedia files such as MP3) on your websites. Materials reported and verified to be infringing will be deleted from our servers immediately and accounts suspended without prior warning.

3.5 Unless explicitly stated otherwise (as for our dedicated server clients), most client accounts (including those of resellers) are hosted in a shared environment, and therefore subject to a relatively limited but reasonable resource level. Accordingly, some restrictions may apply to ensure our server resources are in the optimal state and not exploited. In particular, we do not allow any real-time chat room application, IRC (Internet relay chat) related software, or daemon. Users in a shared environment but with special needs may be asked to upgrade to using dedicated servers or switch to another service provider.

3.6 You agree not to abuse or exploit our servers or any client accounts on our servers. This includes but not limited to trying to obtain root access on a shared server. Any party found doing so will not only have her account terminated but also be reported to law enforcement agency in respective jurisdiction for criminal offence.

3.7 We reserve the right to take appropriate actions (including but not limited to suspending services, deleting files or rewriting configurations) upon any account on our servers if situations emerge. This applies to reseller accounts and their child accounts as well.

4. Reality Check

4.1 You understand that in order to use our products and/or services, a certain level of working knowledge such as web page design and maintenance is required. You may want to either learn and do it yourself or hire professional webmasters to do it for you. Moreover, you understand that materials uploaded to our servers should be server ready, and that it requires certain hardware and software at your end in order to intereact with our servers. Please also be reminded that Alfred Prufrock makes no guarantee that your hardware or software will be compatible with that of ours.

4.2 Alfred Prufrock operates on multiple servers at different locations for risk management purpose and to maintain a high level of overall uptime, and we reserve the right to migrate accounts between servers when necessary.

4.3 Many of our products and/or services come with some third party applications. Please be reminded that they too may have their own user licenses. You agree to comply with them and have done your own research before using them at your own risks.

4.4 Backups are done on a daily basis. However, Alfred Prufrock makes no gurantee that these backups are accurate, complete or readily available. You are strongly recommend to do your own backup on a regular basis.

5. Liability and Indemnification

5.1 You clearly understand that products and/or services distributed and/or provided by Alfred Prufrock are rendered "as is", and your purchase and/or use of them are at your own risks. Alfred Prufrock in particular is not responsible for any file or information residing in your account on our servers. You explicitly agree to make appropriate backup copies of files stored on our servers.

5.2 We do not make, and hereby disclaim, any expressed or implied warranty for the products and services being offered, including but not limited to title, non-infringement, warranties of merchantability, or fitness for a particular purpose.

5.3 We do not warrant that services will be uninterrupted, error-free or secure. The Internet is an interwoven network in which information flow is mostly dependent on third parties which we don't have any control over. Their corresponding action or inaction may have negative effects on our services. we do not guarantee such situations will not happen and therefore disclaim any liability resulting from or related to them.

5.4 No advice or reply given by Alfred Prufrock or its personnel shall imply warranty of any kind.

5.5 You agree to indemnify, defend and hold Alfred Prufrock and its affiliates, subsidiaries, agents, owners, employees, contractors, licensors harmless from any claim, including attorney's fees, caused by or resulting from your use of our products and/or services.

5.6 Under no circumstances will Alfred Prufrock be liable for any direct, indirect, incidental, special, consequential damage resulting from the use of, or the inability to use, or the errors, omissions, delays, interruptions, failure of performance, whether or not limited to the acts of God, miscommunication, theft or negligence.

5.7 Notwithstanding the above, you explictly agree that under no circumstances will the total liability claimed, including any legal fee or court cost, against Alfred Prufrock will exceed the aggregate amount paid during your use of our products and/or services.

6. Termination

6.1 We are so confident in our products and services that if you don't like any of them during the first 14 days of your purchase, we'll simply refund your payment with no questions asked. Refunds will be credited back to your original payment processor in 28 days or less after cancellation at our end. This however does not apply to accounts and services cancelled or terminated for violation of our terms and conditions, as well as people, corporations or domain names which have invoked this 14 days money back guarantee before.

6.2 You may terminate your recurring service subscription at any time without cause upon rendering of a written notice no less than 7 days in advance, But please be reminded that any payment already made is not refundable, except in conditions espoused in our 14 days money back guarantee.

6.3 We may at our sole discretion decide to immediately suspend with no prior warning and ultimately terminate your service with no refund for your failure to comply with any of the terms and conditions espoused in this document.

7. Miscellaneous

7.1 This document was last updated on 22 May 2005 and made available at http://www.whitchurchstouffville.com/terms.php. We reserve the right to modify these terms and conditions from time to time. By continuing to use any of our products and/or services, you explicitly acknowledge that you have read, understood and agreed to the terms and conditions espoused above along with any update or appendix that comes with them.

7.2 Failure to enforce any of these terms and conditions shall not be taken as a waiver of respective or other terms and conditions.

7.3 We also reserve the right and final say in defining and interpreting these terms and conditions, including but not limited to what constitutes violation.

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