This agreement represents the complete agreement and understanding between Alberta Web Designs
Inc. and the account holder (hereinafter called Customer) and supersedes any other written or
oral agreement. Upon notice published on-line via Alberta Web Designs Inc., Alberta Web Designs
Inc. may modify these terms and conditions, amplify them, and/or modify the prices, as well as
discontinue or change services offered.
If you do not agree to these terms and conditions, please notify our Billing Department at (403)
939-4019 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your
1. Alberta Web Designs Inc. makes no warranties of any kind, whether expressed or implied, for
the service it is providing. Alberta Web Designs Inc. also disclaims any warranty of
merchantability or fitness for a particular purpose. Alberta Web Designs Inc. will not be
responsible for damages the customer suffers. This includes loss of data resulting from
delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by Alberta Web Designs Inc. may only be used for lawful
purposes. Transmission or publication of any information, data or material in violation of any
Canadian or U.S. Federal or state regulation or law is prohibited. This includes, but is not
limited to, material protected by copyright, trade secret or any other statute, threatening
material or obscene material. Alberta Web Designs Inc. reserves the right to remove any and
all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify Alberta Web Designs Inc.
from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach
or violation of any covenant contained in this Policy and resulting from the Customer's use of the
4. Alberta Web Designs Inc. reserves the right to cancel service for any reason without prior
notice. In case of cancellation, unused fees will not be returned.
5. Setup fees, if any, are not refundable.
6. Additionally, CUSTOMER agrees not to utilize the Alberta Web Designs Inc. service, equipment
or email address in connection with the transmission of the same or substantially similar
7. Customer agrees not to transmit, promote, or otherwise make available any software, product or
service that is either illegal or designed to violate this Agreement. Such software, products or
services include, but are not limited to, programs designed to send unsolicited advertisements
(i.e. "spamware") and services which send unsolicited advertisements.
8. Alberta Web Designs Inc. requires that its agreements be made with a person who is qualified to
contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or
guardian must accept this agreement and enclose the proper payment. Alberta Web Designs Inc. cannot
accept payments from persons who are not at least eighteen (18) years of age, nor can we accept
agreements from persons who are not at least eighteen (18) years of age.
9. Customer shall ensure that its use of Alberta Web Designs Inc. network services shall not
disrupt Alberta Web Designs Inc., its associated networks or equipment forming part of the systems.
In instances in which an excessive amount of system resources and bandwidth are utilized by a
subscriber, Alberta Web Designs Inc. reserves the right to place CPU process limits on the
Customer's account to prevent disruption of service to other customers. Customers also agree to
pay fees applicable to excessive bandwidth used beyond the allotted amount provided with services.
Customers shall not transmit any communication where the meaning of the message, or its transmission
or distribution, would violate any applicable law or regulation or would likely be offensive to the
recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an
intrusive basis to any Alberta Web Designs Inc. user or to any directly or indirectly attached
network. Use of Alberta Web Designs Inc. connection in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by Alberta Web Designs Inc. shall be considered a
breach of this Policy and may result in cancellation of service. This prohibition extends to
sending of unsolicited mass mailings from another service which in any way implicates the use of
Alberta Web Designs Inc. service, Alberta Web Designs Inc. equipment or any site hosted on any
Alberta Web Designs Inc. network.
10. Customer warrants that any material submitted for publication on Alberta Web Designs Inc. does
not violate or infringe any copyright, trademark, patent, statutory common law or proprietary
interest of others or contain anything obscene or libelous. Alberta Web Designs Inc. reserves the
right to remove any and all materials which infringe on copyright work. Such materials will be
removed at any time upon receiving a complaint and or notice of copyright infringement.
11. If Alberta Web Designs Inc. becomes aware of material that could be infringing on a third
party's copyright, it will initiate an investigation. To conduct an investigation of copyright
infringement, the Complainant must submit at least two items. First, Complainant must submit a
claim in writing with the applicable copyright or trademark registration number and a copy of the
underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a
good faith certification signed under penalty of perjury. This certification must state that the
work is the property of the Complainant, that the work has been copied and that use of the work is
not defensible. With this information in-hand, Alberta Web Designs Inc., at its discretion, may,
at any time deny access to the challenged material of Customer.
12. Alberta Web Designs Inc. will not host any web site with PORNOGRAPHIC content, CASINO sites or
any site deemed illegal.
13. Use of other organizations' networks or computing resources is subject to their respective
permission and usage policies.
14. Use of Alberta Web Designs Inc. hosting services could involve listing subscriber's participation
in relevant directories, and subscriber expressly grants permission for such listings.
15. Transferring your domain to another provider does not constitute canceling your Alberta Web
Designs Inc. account. You must notify Alberta Web Designs Inc. to formally cancel your account
with Alberta Web Designs Inc. to avoid further charges.
16. Alberta Web Designs Inc. services are provided on prepaid basis. All payments have to be made
before service activation. In case of nonpayment of an account within a specified time, Alberta Web
Designs Inc. may levy a fine or cancel an account.
17. On occasion, Alberta Web Designs Inc. may have a need to communicate with its customers through
e-mail issues related to billing, as well as changes, additions and modifications to the network.
It is the responsibility of the customer to check e-mail sent to the primary login e-mail address
on the account.
18. It is the responsibility of the customer to contact Alberta Web Designs Inc. of any changes
to their account, such as phone number, address, credit card information, etc. Customers will be
required to provide verification for security purposes authorizing them to make any changes to
All invoices are due on receipt.
2% interest will be added to ALL invoices past 30 days due.
$45.00 NSF fee for all returned cheques.