Ubertor is a COMBUSTION LABS MEDIA INC. Product
This agreement represents the complete agreement and understanding between COMBUSTION LABS MEDIA INC. (hereinafter called COMBUSTION LABS MEDIA INC.) and the customer (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. Upon Notice published on-line via COMBUSTION LABS MEDIA INC., COMBUSTION LABS MEDIA INC. may modify these terms and conditions, simplify them, and/or modify the prices, as well as discontinue or change the service offered.
Submission of your account order shall constitute your acceptance of these Terms and Conditions.
Provision of Services
Service means - ANY act of serving the ACCOUNT HOLDER, being provided by COMBUSTION LABS MEDIA INC., regardless of the duration and whether it's a paid service or a service for free.
Without limiting the scope of the above, COMBUSTION LABS MEDIA INC. will provide services on it's host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
COMBUSTION LABS MEDIA INC. services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and Information services provided by COMBUSTION LABS MEDIA INC.. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
For existing customers only, COMBUSTION LABS MEDIA INC. may, with 7 days notice, amend the fees and/or charges for any future server usage and services.
Use of Material Public Domain materials (e.g. images, text, and programs) may be downloaded or uploaded using COMBUSTION LABS MEDIA INC. services. ACCOUNT HOLDERS may also redistribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
As provided by Canadian federal law, United States federal law and by international treaties, copyrighted materials (e.g. images, text, and programs) may not be uploaded using COMBUSTION LABS MEDIA INC. services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor can the copyright notices be modified.
Use of Services
The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to the account.
The ACCOUNT HOLDERS agrees to use the services provided by COMBUSTION LABS MEDIA INC. as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by laws, libelous, or against any COMBUSTION LABS MEDIA INC. policy.
COMBUSTION LABS MEDIA INC. reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at COMBUSTION LABS MEDIA INC.. The ACCOUNT HOLDER represents and warrants to COMBUSTION LABS MEDIA INC. that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which this public can link through, or any products or services made available to the public through his/her web site, will not - Violate or partially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, lease advertising, unfair competition, defamation, business or personal dispute or argument, limitation of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
Contain any material that is unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold COMBUSTION LABS MEDIA INC., and any third party entities related to COMBUSTION LABS MEDIA INC., harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or
Any other third party claim with respect thereto.
The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT Holder's web site is at the sole discretion of COMBUSTION LABS MEDIA INC.. COMBUSTION LABS MEDIA INC. may at it's sole discretion discontinue web site hosting services to any ACCOUNT HOLDER operating a web site that COMBUSTION LABS MEDIA INC. deems to be in violation of Section (3d.) Of these Terms and Conditions.
The ACCOUNT HOLDER understands that all work (design, custom work, fixes, and improvements) done on their website by COMBUSTION LABS MEDIA INC. must be done on the Ubertor platform. COMBUSTION LABS MEDIA INC. will not provide work on other web platforms.
COMBUSTION LABS MEDIA INC. accounts and websites cannot be transferred or used by anyone other than the subscriber. ACCOUNT HOLDERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
ACCOUNT HOLDER will endeavor to prevent viruses from corrupting COMBUSTION LABS MEDIA INC. systems; COMBUSTION LABS MEDIA INC. may run anti-virus programs to minimize damages.
ACCOUNT HOLDER acknowledges that any recommendation by COMBUSTION LABS MEDIA INC. employees for services or products auxiliary to COMBUSTION LABS MEDIA INC. services are the recommendations of that employee and not of COMBUSTION LABS MEDIA INC.. COMBUSTION LABS MEDIA INC. does not warrant the integrity or quality of the service or product provided by such third parties.
SpammingSending unsolicited bulk/or commercial messages over the Internet (known as "Spamming") is strictly prohibited. It is not only harmful because of its negative impact on consumer attitudes toward COMBUSTION LABS MEDIA INC., but also because it can overload COMBUSTION LABS MEDIA INC. network and disrupt service to COMBUSTION LABS MEDIA INC. subscribers. Also, maintaining an open SMPT relay is prohibited. When a complaint is received, COMBUSTION LABS MEDIA INC. has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list
The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify COMBUSTION LABS MEDIA INC., it's Executives, Directors, Officers, Managers, Employees, Consultants, Agents, and Share Holders from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER's use of COMBUSTION LABS MEDIA INC. services.
The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. COMBUSTION LABS MEDIA INC. has no ability or authority over the material. COMBUSTION LABS MEDIA INC. can make no warranty of any kind, either expressed or implied regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use Of information obtained from or through COMBUSTION LABS MEDIA INC. services is at the risk of the ACCOUNT HOLDER.
The ACCOUNT HOLDER understands, agrees and acknowledges that COMBUSTION LABS MEDIA INC. makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or CO-branded, from or by, third-party entities. However, COMBUSTION LABS MEDIA INC. can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the applications(s), data and/or information involved in such items. COMBUSTION LABS MEDIA INC. specifically disclaims all warranties of merchantability and fitness for a particular purpose. The use of these applications(s), data and/or information obtained from or through COMBUSTION LABS MEDIA INC., or any other referred third party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.
Payment of Fees and Penalties
The COMBUSTION LABS MEDIA INC. accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
Service payments will be submitted in advance of receiving services. The starting date of the bible period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax or in person at the COMBUSTION LABS MEDIA INC. offices.
The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period has ended.
Payment is due at beginning of each accounting cycle.
Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. COMBUSTION LABS MEDIA INC. accounts continue to accrue charges while they are on hold.
There is a service reconnection charge equal to one full currently charged monthly fee to remove accounts from accounting hold status.
The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
There is a CAN$20.00 service charge for each payment which is not honored.
Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER's responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. COMBUSTION LABS MEDIA INC. has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
ACCOUNT HOLDER is responsible to ensure that payment to COMBUSTION LABS MEDIA INC. made by check or money order is sent to the address as it appears on the COMBUSTION LABS MEDIA INC. invoice and website.
This agreement will commence upon the ACCOUNT HOLDER's acceptance of it and continue on a month-to-month basis.
For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for COMBUSTION LABS MEDIA INC. accounts must be given via fax, email or letter to COMBUSTION LABS MEDIA INC. main office (address available on the contact section of COMBUSTION LABS MEDIA INC. website). Such requests must be received by 5pm Pacific Standard Time five business days before the end of the accounting cycle, in order to be processed by 15th of the same month.
For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY - "NOT-TO-RENEW" requests for COMBUSTION LABS MEDIA INC. accounts must be given via fax, email or letter to COMBUSTION LABS MEDIA INC. main office. Such requests must be received by 5pm Pacific Standard Time 15 DAYS before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
All COMBUSTION LABS MEDIA INC. accounts must be paid in full before the transaction will be considered completed.
COMBUSTION LABS MEDIA INC. will provide a 30 day money back guarantee. The 30 days start from the earlier of - the day we receive the electronic order form or the day customer signs up via fax or in person with a COMBUSTION LABS MEDIA INC. employee. In any case, the setup fee, extra bandwidth and extra storage space charges are not refundable.
Cancellations will NOT generate ANY refund.
Abuse of Services
Any use of COMBUSTION LABS MEDIA INC. system resources that disrupts the normal use of the system for other COMBUSTION LABS MEDIA INC. customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, COMBUSTION LABS MEDIA INC. forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by COMBUSTION LABS MEDIA INC.Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with COMBUSTION LABS MEDIA INC. Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to ACCOUNT HOLDER.
Unethical and criminal offenses are violations to COMBUSTION LABS MEDIA INC. conditions of use. You are expected to report to COMBUSTION LABS MEDIA INC. any information you may have concerning instances in which the conditions of use have been or are being violated. When COMBUSTION LABS MEDIA INC. becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, COMBUSTION LABS MEDIA INC.may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge $100 CAN.
ACCOUNT HOLDER acknowledges that the "Powered by Ubertor" badge appears on the bottom of each public facing page of their Ubertor powered Website. ACCOUNT HOLDER acknowledges that each of their Ubertor Monthly Plan(s) fee is subsidized with this branding. Removal of the "Powered by Ubertor" badge will cease subsidy of their plan fee and result in a $100.00 monthly premium per website infraction.
Use of Proprietary Design and Copyright
COMBUSTION LABS MEDIA INC. (DBA Ubertor) licenses to the client usage of its Proprietary Designs (Templates, CSS Code, Navigation Structural, Listing Format and Display as well as any copy written for the client) on a monthly basis upon receipt of payment in full of subscribed plan for the period the payment covers.
COMBUSTION LABS MEDIA INC.(DBA Ubertor) understand that non-clients may want to license its Proprietary Designs (Templates, CSS Code, Navigation Structural, Listing Format and Display as well as any copy written for the client) when not engaged in business with Ubertor. Ubertor provides a non-client license for $7500.00 per calendar to Non-Ubertor clients who benefit of the use or make use (direct or through a third party provider) of its proprietary designs and copyrights.
COMBUSTION LABS MEDIA INC. (DBA Ubertor) invests a significant amount of capital to research and develop its Proprietary Designs (Templates, CSS Code, Navigation Structural, Listing Format and Display as well as any copy written for the client) and will seek court enforced payment of its license fees in the closest court house to its principal place of business within the Province of British Columbia.
Any account with a past due balance may have partial or full services suspended. Notice of account suspension will be placed on website. E-mail received to suspended account will be bounced back to the sender with a notice reflecting the status of the suspended account.
Ubertor is a month-to-month pay-as-you-go service so we don't provide refunds. You are billed every 30 days for the service. You can cancel the service at any time and you won't be charged again, but you are responsible for any charges already incurred.
COMBUSTION LABS MEDIA INC. maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with COMBUSTION LABS MEDIA INC. either in whole or in part, without the prior written consent of COMBUSTION LABS MEDIA INC.. COMBUSTION LABS MEDIA INC. may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of COMBUSTION LABS MEDIA INC. assets or other corporate reorganization.
Any Agreement, arising from the business relationships between COMBUSTION LABS MEDIA INC. and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia (Canada), without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder for that Agreement will continue in full force and effect.
Age of Majority
COMBUSTION LABS MEDIA INC. cannot accept agreements and payments from persons under the age of 18 years. Therefore, COMBUSTION LABS MEDIA INC. requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.
These terms and Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and COMBUSTION LABS MEDIA INC., relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms and Conditions, initiated by the ACCOUNT HOLDER will be effective only if accepted in writing and signed by COMBUSTION LABS MEDIA INC.