Terms and conditions

1. General

This Agreement explains the terms and conditions governing your use of the services made available to you by TimewarpSoftware, hereinafter called "TimewarpSoftware" or "We". It represents the whole agreement and understanding between TimewarpSoftware and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".

PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. TimewarpSoftware may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that TimewarpSoftware believes is harmful to the business of TimewarpSoftware or the use of the Service by others or is harmful to any other party. TimewarpSoftware is an administrator for services provided by a web-hosting company, hereinafter call "The Host".  By your use of the Service, you agree to comply with all of the terms and conditions set out in the Hosts Terms and Conditions.  It is your responsibility to locate these conditions and a copy can be provided by request from TimewarpSoftware. 

TimewarpSoftware reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.TimewarpSoftware.net/TimewarpSoftware/TermsAndConditions.htm. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

Services
TimewarpSoftware provides basic web-hosting services or administration to a web-site purchased from TimewarpSoftware.  Other included services are: Email account administration, Web-Site layout and design, Acquiring a domain to upload your site to, and editing the site after the initial design. Some additional fees are required for editing and re-designing the sites.

Basic web hosting is provided from an internet host. Statistics such as size allotment and bandwidth are dependant on the service supplied by the Host.  Depending on which Host is chosen by the customer,  You may choose to have more storage space or higher account data transfer limit, however extra fees apply and will be disclosed during the consultation.

Repairs and On-site Service

TimewarpSoftware provides computer repair services.  Both On-Site service and services in which the equipment is moved to another location are bound by these terms.

TimewarpSoftware provides free of charge a consultation which describes different solutions and suggestions which we can provide to you.  It is at the customer's sole discretion to determine which services to purchase and which products to buy. The services that the customer chooses can be provided by TimewarpSoftware.  These services may not be refundable and payment is due for the application of the solution, labor, and cost of parts, even if the equipment still does not function to the customers satisfaction.

You agree to indemnify and hold TimewarpSoftware harmless from any and all losses, damages, liabilities of every nature whatsoever incurred by you, by reason of or arising out of or in connection with:
(i) Any damage caused to your equipment in the process of the repair;
(ii) any loss of data caused in the process of the repair;
(iii) any costs resulting from illegal, pornographic, or discriminatory content on your equipment being divulged from access to the equipment;
(iv)any loss of business due to down-time of your system, regardless of the amount of time.

Web Hosting

TimewarpSoftware provides administration service for web-sites, Hereinafter called "Administration" or "Web Hosting Services".

These Administration services include: Web-site design, acquisition of domain name, email account administration, and general maintenance.

In additional to basic web hosting services, TimewarpSoftware also offers paid optional features which can be added to accounts. An extra fee may be required to add additional services.

In order to acquire the domain name and server space for your site, we purchase services from a Host.  You may choose any host you like, and the fees vary. Please refer to the Terms and Services of the Host chosen for your account.  All of the Hosts Terms and Conditions are enforced at all times.

All TimewarpSoftware web hosting accounts point to a "Coming Soon" web page by default when activated. This page informs visitors that the Member has recently setup their account with TimewarpSoftware. The Coming Soon web page may be removed by the Member at any time once they have access to the web server. The "Coming Soon" web page may include such things as, without limitation (i) links to additional products and services offered by TimewarpSoftware, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.

All page error requests (such as 403 errors or 404 errors) direct traffic to a default error page determined by the host. TimewarpSoftware has no control over the content of this page. This page informs visitors that the page they are looking for cannot be found and it may include such things as, without limitation (i) links to additional products and services offered by the host, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.

Administration

TimewarpSoftware offers to be the administrator for your site for as long as you like. Changes can be made to the site by contacting us, additional fees for changes may be required. During this time period, the customer will not retain ownership of the Domain Name, the master password for editing and upkeeping the site will not be disclosed to the owner and will be kept by TimewarpSoftware for security reasons.  However if the customer chooses, complete ownership and control can be transferred to the customer at any time.  This type of transfer requires that the customer pay any past due balance in full.  This change also blocks access to the site from TimewarpSoftware. Thus, once full transfer occurs, TimewarpSoftware cannot edit, update, promote, administrate email addresses or access the site.  At this point TimewarpSoftware will no longer be the Administrator to the site. Please note that if full transfer is requested, the customer may not have the software packages, knowledge, or ability to upkeep the site, but still assumes full responsibility for the web-site.  Once a customer has gained full control of the site, due to security concerns, Timewarpsoftware can never directly access except for viewing from the internet as any person or third party can do.

Failure to Pay
Part 1 - Failure to pay the invoices due from the creation, registration, or any other charges may result in the page being removed from the internet. The Domain Name will become property of TimewarpSoftware. A generic placeholder page will take it's place and the domain name will become unavailable forever. We welcome any payment plan that meets the needs of both parties, and are wiling to negotiate about the payments.  We do not want to remove your site for failure to pay this type of charge.
Part 2- Failure to pay the Yearly Site Registration fee, will result in the page being removed from the internet. The Domain Name will become property of TimewarpSoftware.  A generic placeholder page will take its place and the domain name will become unavailable forever. The value of the Domain Name may increase in value astronomically and can be auctioned off, sold back to the customer, or retained by TimewarpSoftware for an indefinite time period.  This is a mandatory fee and must be paid in full each year.

Prohibited Conduct
We do not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the network or promoting information or websites hosted by our Host will be considered in breach of this Agreement and Suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws and laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.

The following is a non-exclusive list of content and behavior prohibited by the Service:

Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.

Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.

Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Doteasy account will result in immediate account suspension.

Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.

Content or otherwise that exploits children under 18 years of age. 
Content or otherwise that exploits children over 18 years of age.

Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.

Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.

Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.

Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Doteasy service, solution or technology.

Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

Content that contains copyrighted material that you do not have permissions to use.  Said content includes pictures of persons which have not given you permission to use their pictures.

Members are solely responsible for staying in compliance with these policies.  TimewarpSoftware assumes no responsibility if these conditions are violated and your service will be immediately terminated with no refund if we discover a violation.

Email
TimewarpSoftware's email service is provided though the Host and provides you with the capability to send and receive email via the Internet. The host may retain the right, at their sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of their email services.

As owner and/or operator of the equipment and other resources utilized to provide services, the host has the legal right to block electronic communications from other entities on the Internet.

Site Reference

Once your site is created it may be referenced from the TimewarpSoftware web page, in the previous works section.  This section may contain all or any of the following: A link to your site, a picture of your site, information regarding the process used to create your site, results or success you experienced from the use of the site. 

Data Loss

You further agree and acknowledge that TimewarpSoftware is not responsible for any damage caused by lost or deleted data stored on the site.  All files, data, and information on the site should be backed-up by the customer.

Domain Registration

In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. The location of the Domain Registration Agreements can be found on the web site of The Host. The location varies depending on which host is chosen and is available by request from TimewarpSoftware.

Service Fees
All TimewarpSoftware fees and charges are quoted and billed in US dollars unless otherwise noted.

Currently services are available only to customers based inside the United States of America.

Service Fees

Service fees are due at the time of publication, or the day that the web-page moves from a prototype area to the actual URL on which it will reside.

Each year a domain renewal fee is required. This fee is usually 25$ unless otherwise negotiated.  This fee is due before the day of renewal. TimewarpSoftware will attempt to notify you of the deadline for your renewal, however it is your responsibility to track this information and pay this fee.

All fees must be paid in full.

Satisfaction Guaranteed

TimewarpSoftware provides a very generous Satisfaction Guarantee.  This guarantee states that payment is only required for services that are satisfactory to the customer.  If for any reason the customer decides that he is unwilling to pay for the services, he is only required to pay the cost of the page registration (usually 25$ or 32$ if domain locking was chosen).  The cost of the page registration is non-refundable and is a mandatory charge from The Host.  If the customer notifies TimewarpSoftware of dissatisfaction before the Domain is registered then no charges will apply. 

In the circumstances that the customer chooses to use the satisfaction guarantee, and does not pay for services.  TimewarpSoftware retains the copyright to all images, content and data created for use in the site, hereinafter called "Content".  All content transmitted to the customer cannot be retained by the customer, and is subject to copyright laws.

TimewarpSoftware reserves the right to modify service fees and rates effective upon posting on the TimewarpSoftware web site and/or on this Agreement.

Payment / Invoices
TimewarpSoftware uses an automated payment processing system, Pay Pal.

TimewarpSoftware may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Billing inquiries and disputes should be brought to TimewarpSoftware attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.

If charge back or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to charge back service charges.

There is a bank charge back service charge of $25.00, for any payments submitted that do not clear the customers bank.

Term / Termination
Renewal notices will be sent to you approximately 2 weeks prior to service expiry. In the absence of cancellation notification from you, the Service will be renewed for a successive term.

You may request to cancel your TimewarpSoftware hosting account(s) at any time without any fees or obligations. Domain registrations purchased through TimewarpSoftware cannot be cancelled. Domains will remain active until the end of the registration term.

Your Service may be terminated by TimewarpSoftware under the following circumstances (non-exclusive list):

fees non-payment over 30 days from due date
you are in breach of any term or condition of this Agreement
you are in breach of any term or condition of the Host
your use of the Service disrupts TimewarpSoftware business operations or affects any other party

In such termination(s) all Member Services are removed from TimewarpSoftware servers including data contents.

Member Responsibility
When you apply to use TimewarpSoftware services, you will be asked to select a Member ID and password. The Member ID and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and password you select from any unauthorized use. IN NO EVENT WILL TimewarpSoftware BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.

You are responsible for maintaining accurate account information at all times including credit card and contact information. Such information can be updated in by contacting TimewarpSoftware

Prohibited Conduct
TimewarpSoftware does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the TimewarpSoftware network or promoting information on web sites hosted by TimewarpSoftware will be considered in breach of this Agreement and Suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws and laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.

The following is a non-exclusive list of content and behavior prohibited by the Service:

Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a TimewarpSoftware account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any TimewarpSoftware service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

Notices
You agree that, unless other instructions are posted on TimewarpSoftware's web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for TimewarpSoftware posted on the TimewarpSoftware web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Privacy
The TimewarpSoftware Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL:

http://www.TimewarpSoftware.net/TimewarpSoftware/PrivacyPolicy.htm

Email newsletters will only be sent directly from TimewarpSoftware and Member information is not disclosed or sold to any third parties.

Reservation of Rights
TimewarpSoftware reserves the right and sole discretion to:

(i) Censor any web site hosted on its servers that is deemed inappropriate;

(ii) Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;

(iii) Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;

(iv) Terminate any account if the contents of account web site results in, or are the subject of, legal action or threatened legal action, against TimewarpSoftware or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;

(v) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that TimewarpSoftware determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;

(vi) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. TimewarpSoftware makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. TimewarpSoftware is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by TimewarpSoftware.

For greater certainty and without limitation to the generality of the following:

(i) in no event will TimewarpSoftware be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your web site or any other services or products provided to you;

(ii) TimewarpSoftware, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;

(iii) in no event shall TimewarpSoftware be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Indemnification
You agree to indemnify and hold TimewarpSoftware harmless from and against, and to reimburse TimewarpSoftware with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by TimewarpSoftware by reason of or arising out of or in connection with:
(i) any breach of this Agreement by you or;
(ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your web site or;
(iii) illegal, pornographic, or discriminatory content on your web site.

Force Majeure
TimewarpSoftware will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.

Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority
TimewarpSoftware does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

TimewarpSoftware reserves the right to update or change this agreement at anytime. These Terms and Conditions, as may be updated from time to time and posted at, http://www.TimewarpSoftware.net/TimewarpSoftware/TermAndConditions.htm, represent the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.  And is available by request from TimewarpSoftware.