Terms and Conditions

Easy By Design Terms and Conditions.

Easy By Design reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Easy By Design strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Easy By Design customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

To continue to be able to provide our clients with exceptional website designs at such affordable fees hosting the website we create for you with us is required. To protect such interests, you will not receive FTP access to your website, only administrative access to the CMS (which will allow you to change all the content on your website)

Full payment is required before any hosting or design service is rendered, which includes renewals. Prepayment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. We will give clients a prorated refund when they cancel and delete their files from our server.

This only applies to cancellation by the client. If cancellation is done by Easy By Design due to restrictions violation, there will be no refund. Easy By Design will only allow for the discount if cancellation is not the fault of the client, as determined by Easy By Design. All monetary transactions are in $CAD dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Easy By Design reserves the right to change prices at any time.

Account Cancellation

You may cancel at anytime. To cancel your account, please email INFO@EASYBYDESIGN.CA

Indemnification Policy

You agree to use all Easy By Design services and facilities at your own risk. Easy By Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Easy By Design be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Easy By Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Easy By Design, 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, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Easy By Design against liabilities arising out of:

- Any injury to person or property caused by any products sold or otherwise distributed in connection with Easy By Design’s server; – Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; – Copyright infringement – Any defective products sold to customer from Easy By Design’s server.

Easy By Design shall be the sole judge of what violates this Policy.

Server abuse policy

No mass email marketing or free email businesses allowed!!

We do not allow mass email marketing sites on our servers. It doesn’t matter if it’s opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server’s performance.

SPAM Policy

Easy By Design is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Easy By Design network, by customers or any other users of the Easy By Design network; AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Easy By Design server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Easy By Design email address or web site URL is prohibited. The use of Easy By Design servers as a mail drop for responses to activities described above is also prohibited.

Content Policy

All services provided by Easy By Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Easy By Design from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Easy By Design servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Easy By Design will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Easy By Design servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links –

- Pirated software. – Hacker programs or archives. – Warez sites. – Online gambling.

Easy By Design does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Easy By Design will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Policy

Easy By Design allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Easy By Design customers are discouraged from storing any files that cause excessive traffic on Easy By Design servers. Please contact Easy By Design Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Easy By Design or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content any information.

The “Backup Manager” is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Easy By Design, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Easy By Design will attempt to recover the data from the most recent archive for a $50.00 fee.

Easy By Design reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every so often to see any changes and additions.