Terms of Service

WEB SITE HOSTING TERMS & CONDITIONS OF SERVICE

The use of services from 1759714 Ontario Inc. [hereafter referred to as "Nerivon" or Nerivon.com] constitutes agreement to these terms. The use of the word "we," "our" or "us" will at all times refer to Nerivon. The use of the word "you," "your," "yours," or "the client" refers to the person or persons entering into this agreement with Nerivon.

  1. Account Setup
    We will provide you with web site hosting service in accordance with the web site hosting package you purchase. Use of our service is subject to these terms and conditions. Both You and We agree to be bound by these terms. These terms may be changed from time to time, at our sole discretion. We will setup your account after we have received payment or payment arrangements have been made.
     
  2. Content
    All services provided by Nerivon may only be used for lawful purposes. The laws of whatever Province/ State and country the client's site is hosted in apply.

    The customer agrees to indemnify and hold harmless Nerivon from any claims resulting from the use of our services.

    Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

    We reserve the right to refuse service to anyone. Any material that in our judgement is deemed by us to be in any way unacceptable, obscene or threatening is prohibited and will be removed from our servers with or without notice.

    Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.

    Nerivon forbids web sites with hatred messages including racism, sexism, or sites promoting one particular race, sex, or nationality as superior and/or another race, sex, or nationality as inferior. You will not store data on the web server which contains or contains any reference to people or animals under the age of 18 years old which are exploited in any way for any gain (Financial, Sexual or otherwise). Web sites that promote activities that violate any laws are also not permissible at Nerivon. This include "warez" sites, sites promoting hacking, cracking programs or devices, or web sites distributing adult web site passwords. Any site found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a clean- up and service fee upon termination, the amount of which is the sole discretion of Nerivon.

    If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

    Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice.

    Violations will be reported to the appropriate law enforcement agency.

    Nerivon reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

    Nerivon reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Nerivon.
     
  3. Zero Tolerance Spam Policy
    We take a zero tolerance stance against sending of unsolicited e-mail and spam. Any user who sends out spam will have their account terminated with or without notice.

    Using fictitious e- mail addresses @nerivon.com is forbidden as well. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. Trolling, the posting of outrageous messages to generate numerous responses is also not allowed. Mail bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross- posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Tortuous Conduct/Interference with a Business Relationship/Contract Includes, but is not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Upon allegation of SPAM or Unsolicited Email, you hereby agree to providing the following information regarding this allegation within 24hrs: - What process is used to add email addresses to your mailing list (Supply the URL) - What agreement is entered into by your potential customers which allows you to send them (e-)mail (provide a copy) - How do you assure yourself that the email address entered is legitimately owned by the person entering into the agreement (This is also known as double opt-in) **You are responsible for all mail generated with your domain name as return address or destination URL when gain is obtained or provided from the email (This rule is very important when considering affiliate programs) Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    Nerivon reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

    Nerivon reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Nerivon.
     
  4. Payment Information
    You agree to supply appropriate payment for the services received from Nerivon, in advance of the time period during which such services are provided. Advertised prices represent cost of set-up for the period and are therefore non-refundable upon cancellation or suspension. ALL PRICES ARE EXCLUSIVE OF HST. You will notify us 1 month before your billing cycle ends if you wish to cancel your account, or change your billing method unless otherwise contracted in writing.

    All services provided are automatically renewed monthly or annually. Should you wish to cancel service, we require 30 days notice and you must do so in writing or contact our office for applicable paperwork.

    Overdue accounts are subject to an administrative fee of $35.00 plus 2% interest after 30 days and $40 plus 2% interest after 90 days (compounded monthly). All returned cheques and payments are subject to an NSF fee of $35.00. We reserve the right to disconnect service on all delinquent accounts over 30 days.

    Invoices not paid in 30 days of invoice date will be automatically direct debited or the credit card on file will be processed for payment.  The outstanding invoice amount will be added to the regular monthly hosting amount for all accounts with pre-authorized payments. Prior to the 27th or 28th day of the following month, you will receive an email to verify the payment will be processed.
           
    Domain Names must be prepaid prior to registration or renewal. A $40.00 fee applies to transfer any domains away from Nerivon.com

    Nerivon reserves the right to change the monthly payment amount and any other charges at anytime.
     
  5. Backups and Data Loss
    We back up our servers regularly. This is done to facilitate recovery times not to guarantee redundancy. In no way is this a guarantee of your data, files or an ability to recover your web site. In cases of down-time, we will in all cases attempt to recover your most recent files, but we may need to return your web site to an earlier state or to a new, blank site. There may be times when we decide to provide you with alternate hosting facilities during recovery times to facilitate up-time.
     
  6. Cancellations and Refund Policy
    We retain the right to cancel your account at any time, move your account to another location, or change your security features (Passwords etc.) at any time if this poses a threat in any way to your business or ours.

    Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

    You retain the right to cancel your account at any time, move your account to another provider or request your security features changed at any time if this poses a threat in any way to your business or ours. We reserve the right to 30 days notice of cancellation of service.

    Advertised prices represent cost of set-up for the period and are therefore non-refundable upon cancellation or suspension.
     
  7. Bandwidth Usage
    You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to increase the bandwidth allowance to prevent your site from going down, and at our sole discretion charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
     
  8. Account Management
    • Customers Hosting a Site and Managing Their Own Account
      Customers needing support with syntax involving HTML, CGI scripts, and Java will be charged for such support at our current labour rate (min 1 hour). Nerivon.com does provide users with the basics regarding web publishing. No attempt is made to be comprehensive. It is assumed that Customers take care of their own technical advisors and programmers who have the technical expertise. Technical Support can be received via E-mail https://billing.nerivon.com
    • Customers with Nerivon Inc Managing Their Web Site Account
      We will manage your web site account based on your instructions. Updates and changes to your web site account should be submitted in writing via email to: support@nerivon.com or by logging into our client services area. Please do not send email requests to any of our staff directly or via fax. Service requests should be submitted 4 business days prior to their intended target date. If you do not hear from us within four business days please call to ensure that we have received your request. We are not responsible for any errors or misplaced service requests. In all cases it is your responsibility to check for accuracy and any omissions. We reserve the right to reject or refuse requests and bill for labour time as we feel necessary.
  9. E-mail Usage
    Technical support is provided at no charge for issues related to e-mail accounts hosted with Nerivon. Nerivon will not provide technical support if a problem is determined to be related to a customer's computer. Customers who wish to forward their e-mail to an outside company will not receive technical support if the problem is determined to be outside of our local servers.
     
  10. Indemnification
    Customer agrees that it shall defend, indemnify, save and hold Nerivon harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Nerivon, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nerivon against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nerivon; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Nerivon's server.
     
  11. Disclaimer
    Nerivon shall not be responsible for any damages your business may suffer. Nerivon makes no warranties of any kind, expressed or implied for services we provide. Nerivon disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nerivon and its employees.
     
  12. Disclosure to law enforcement
    Nerivon may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
     
  13. Changes to the TOS
    Nerivon reserves the right to revise its policies at any time without notice.
     

Back to Top

WEB SITE/WEB APPLICATION DEVELOPMENT TERMS & CONDITIONS OF SERVICE

  1. Payment Terms: 30% deposit, 30% after first draft presentation, 40% balance due upon completion of service, prior to live publication of web site (if applicable). HST is not included.
     
  2. Fees quoted do not include domain name registration, web site hosting fees or search engine submissions. Quotations are valid for 30 days unless otherwise specified. We reserve the right to collect all due payments within 60 days of the original agreement unless alternate arrangements have been made.
     
  3. Invoices not paid in 30 days of invoice date will be automatically direct debited or the credit card on file will be processed for payment.  The outstanding invoice amount will be added to the regular monthly hosting amount for all accounts with pre-authorized payments. Prior to the 27th or 28th day of the following month, you will receive an email to verify the payment will be processed.
     
  4. All text content, logo & photographs must be supplied to Nerivon in electronic format (disk or email) unless otherwise specified. Additional fees will apply if the client requires Nerivon to write web site copy, locate text, images or photographs for a project. Nerivon is not responsible or liable for verifying ownership and permissions with images, photographs and text supplied - any copyright infringement is the legal responsibility of the client.
     
  5. Nerivon does not guarantee performance or functionality of web sites with custom programming if the client is not hosting the web site with Nerivon. Set up fees will apply for setting up web sites on other web servers outside of Nerivon’s network.
     
  6. Technical support is provided at no charge for issues related to e-mail accounts hosted with Nerivon. Nerivon will not provide technical support if a problem is determined to be related to a customer's computer. Customers who wish to forward their e-mail to an outside company will not receive technical support if the problem is determined to be outside of our local servers.
     
  7. Throughout the duration of a project, the client will be requested to sign-off on specific stages of the development process. Sign-off will be necessary in order for Nerivon staff to proceed with the development of a project. The client will be shown preliminary design concepts as agreed upon in the quote - the client is entitled to one complete design revision and then two rounds of minor revisions.
     
  8. Upon approval of the first draft an interim bill will be sent. Nerivon reserves the right to hold off development of the project until this bill is paid.
     
  9. Although Nerivon strives to ensure that this project stays within the quoted amount please note that changes to the original requirements will incur additional labour charges. Nerivon will notify the client verbally or in writing if additional labour charges are necessary and written authorization from the client to proceed will be required.
     
  10. Nerivon reserves the right to change the project completion date if the client requests changes to the original project requirements or if there is a delay with sign-off at any point throughout the project development process.
     
  11. Nerivon shall not be held responsible for client expenses or loss of revenue as a result of an extended project completion date or for any other reason unless otherwise stated in on the original quotation.
     
  12. In the event that the client proceeds with this quote and later wishes to terminate the agreement, the client's deposit shall be non-refundable. The client agrees to pay Nerivon for labour costs incurred and any other costs outstanding as of the date of termination.
     
  13. Nerivon reserves the right to terminate this agreement at any time by providing two days written notice to the address provided by the client at the time of entering into the agreement.
     
  14. Nerivon will endeavor to provide a finished project that is error-free however on occasion errors do occur post project launch. If these errors are found to be the fault of Nerivon they will be fixed as a high priority at no additional cost to the client within 90 days of project completion. If the errors are found to be part of a software package that was implemented for the client's website (ieVirtumart, Zencart, Joomla, etc.) then Nerivon will correct the problem at our regular hourly rate. For web sites with administrative areas, shopping carts or specialized programming, Nerivon agrees to test the code as we develop it.
     
  15. Nerivon specifically develops web sites that are compatible with Mozilla Firefox and Internet Explorer browsers in a Windows environment. If the client requires the website be developed for other browsers or platforms this will incur additional fees.
     
  16. With e-commerce web sites Nerivon recommends that the client places an order on their web site using their credit card to test the full check out process. Nerivon can only test using a fake credit card number which is not 100% effective. Once a project is completed Nerivon suggests that the client tests the site thoroughly as an "end-user" and reports back to Nerivon any errors encountered.
     
  17. The Client agrees that it shall indemnify and save Nerivon, or any of it’s employees and/or agents, from any and all claims, demands, actions, proceedings, losses, costs, and liability (including any and all legal fees and expenses on a solicitor and his client basis) arising out of any errors, omissions, copyright issues, breach or failure to perform any of it’s obligations under this agreement or quotation, the incorrectness of any representation or warranty contained in this agreement. The indemnification shall survive the completion, cancellation or termination of this agreement.
     
  18. Warranty Period

 


Back to Top

 

 

 

 

EMAIL MAILING POLICY AND LIMITS

Limits

There is a 200 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.

Many of our servers have a 60 pop checks per hour limit per domain. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.

Any mailing list larger than 5,000 will require a semi dedicated or dedicated server hosting solution. Note: dividing one large list into smaller lists to get below this limit is not allowed.

Mailing Lists Rules

  1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

  2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.

  3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.

  4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.

  5. Any mailing list MUST comply with all guidelines set forth by the United States. These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

  6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.

Back to Top

Gerhards Bakery & Cafe

Thank you so much for your greetings.  I like to thank you for your outstanding customer service.  It is great to see such enthusiasm and support.  Totally refreshing.