Terms of service

Current Web service Terms & Conditions as of October 13, 2008

All Horizonconsults Inc. Customers are bound by these terms of service.

THIS AGREEMENT FOR Horizonconsults Inc. WEB HOSTING & SERVICES (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and ("Horizonconsults Inc.").

WHEREAS, Customer desires to utilize the Horizonconsults Inc. Web Hosting & Services to develop Customer's presence on the World Wide Web.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1. Horizonconsults Inc. Services

Horizonconsults Inc. agrees to provide to Customer the Web Hosting & Services as set forth in Products & Services menu of the Horizonconsults Inc. web site.

2. Payments and Invoicing

2.1. Credit Card Customers shall pay in advance for our service according to our current published rates and as may be amended during the term of this agreement. You agree that failure to pay such charges is grounds for termination of all your services. Horizonconsults Inc. shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice.

2.2. Delinquent Accounts; Horizonconsults Inc. may terminate a Customer's account at anytime without notice for failure to pay or failure to provide new billing information within 30 days.

3. Cancellation

Customer reserves the right to cancel account at any time. Customer will not receive any refunds excluding any over charges. All sales are final. Customer agrees that no refunds will be given in the event that the Customer's account is terminated by Horizonconsults Inc., or Customer for any reason.

Furthermore, Customer agrees that no refunds will be granted for cancellations by Horizonconsults Inc. due to Customer spamming, fraudulent activite or other violations of this agreement by Customer. Horizonconsults Inc. does not guarantee that the services will be uninterrupted or error-free from time to time due to system maintenance or abuse.
Customer aggress to provide 24 hour notice prior to next credit card billing and all cancellations must be received by email to mail@horizonconsults.com or by using our the form in our "Support" section of our web site.

The account username and password must be included for verification.

4. Responsibilities of Horizonconsults Inc.

4.1. Horizonconsults Inc. shall provide Customer with Web Hosting & Services as set forth in Products and services. Horizonconsults Inc. shall perform its services to the best of Horizonconsults Inc.'s ability.

4.2. Horizonconsults Inc. reserves the right to refuse service to anyone at any time. If Horizonconsults Inc. should initiate termination of services with you, Horizonconsults Inc. shall provide sufficient notice to you in order to allow you to download your files. Should Horizonconsults Inc. initiate termination for any violations of this service agreement or server abuse, customers losses all rights to download any stored files on the Horizonconsults Inc. servers.

4.3 Horizonconsults Inc. is not responsable for any server configurations on 3rd party servers.

5. Responsibilities of the Customer

Customer shall be solely responsible for all content available on or through its site hosted by Horizonconsults Inc., and shall at all times be subject to the terms of this Agreement.

5.1. Customer agrees not to use the Horizonconsults Inc. Web Hosting & services in any manner that is illegal or libelous.

5.2. Customer warrants that its site hosted with Horizonconsults Inc. Web Hosting & Services will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. Horizonconsults Inc. shall have no obligations with respect to the content available on or through any site hosted on the Horizonconsults Inc. Web Hosting & Services, including, but not limited to, any duty to review or monitor any such content. Horizonconsults Inc. reserves the right to block any site that violates any of the above-stated terms, or which in Horizonconsults Inc's sole discretion, Horizonconsults Inc. deems objectionable or offensive, or otherwise violates a law or Horizonconsults Inc's policy.

5.3. Third-party software available though Horizonconsults Inc. may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software should you choose to download them.

5.4. Customer agrees to abstain from conduct such as sending mass, unsolicited emails (SPAMMING) sending chain letters, using more then a reasonable amount of CPU and or MEMORY on the server, causing the server to become slow and unresponsive due to over-usage, violating the security of either Horizonconsults Inc. or other organization systems and computers. Customer's whose accounts are found in violation of this policy may, at the discretion of Horizonconsults Inc, have their account(s) terminated without notice and be subject to a $500 cleanup fee at the discretion of Horizonconsults Inc. Or in the case of bandwidth abuse the site will be throttled back to a speed more in line with the type of account in use.

5.5 Metered bandwidth constitutes; that Horizonconsults Inc. will limit or throttle bandwidth to any customer's site that are using more than their allotted limit.

All sites on Horizonconsults Inc. servers have full speed access to a dedicated port. High bandwidth sites with heavy scripting may violate section 5.4 and or section 6.1 of this agreement, therefore the customer must make sure the CPU and or MEMORY usage on their site is not deemed excessive.

6. Site Content Restrictions

6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a web site only. Common sense is the best guide as to what is considered acceptable use.

6.2. Customer's whose web site promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Horizonconsults Inc. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Web sites of this nature are considered non-professional and are not welcome.

Customer's whose accounts are found in violation of this policy may, at the discretion of Horizonconsults Inc, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50 which will be added to the handling fee of $35 for early termination should that apply at that time.

Additionally, Horizonconsults Inc. may contact the Software Piracy Association ("SPA") and other regulatory bodies such as FBI and other Governmental organizations and release any information in connection with any illegal activities relating to software piracy on the Customer's account. Illegal, pornographically explicit sites, Wording or pictures that directly insult religious groups & individuals are not tolerated on any customer sites and the content will be removed by Horizonconsults Inc. administrators, the customer will not be entitled to any compensation or recourse and will be asked to stop publishing such material, compliance will lead to cancellation of customers account.

6.3 Horizonconsults Inc. does not allow any pornographic sites due to bandwidth issues associated with this type of site, any sites set-up in contradiction to this rule will be immediately stopped and the customer will have an opportunity to change to a non pornographic content site if this is not an option then canceling the account in this case no refund will be issued.

7. Warranties and Indemnification

7.1. IN NO EVENT WILL Horizonconsults Inc's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO Horizonconsults Inc. HEREUNDER. IN NO EVENT WILL Horizonconsults Inc. BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL Horizonconsults Inc. BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. DISCLAIMERS Horizonconsults Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF Horizonconsults Inc., INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES Horizonconsults Inc. MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Enterprise Digital SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.

7.3. YOU AGREE TO USE ALL Horizonconsults Inc's SERVICES AT YOUR OWN RISK. IN NO EVEN SHALL Horizonconsults Inc. BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY.

8. Term and Termination

8.1. This agreement is effective when you accept Horizonconsults Inc's Web Hosting & Services and continues until terminated by either party.

8.2. Either party may terminate this agreement for any reason with upon receipt of email to the other party however Horizonconsults Inc. may terminate the Agreement immediately if any of the terms of this contract are no met.

9. Government of this Agreement

You agree that the Laws of the province of Ontario govern Horizonconsults Inc's services. You agree that the province of Ontario in which Horizonconsults Inc. is located shall be the location for any legal action relating to our services.

Horizonconsults Inc. can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless Horizonconsults Inc. agrees to it in writing.