TERMS OF SERVICE

This policy represents the Regional Web Portals Terms of Service ("TOS") in its entirety and supersedes any other oral or written policy. This policy defines the terms of service all customers and/or clients, agree to when they sign-up for web design, web development, web or email hosting services and internet related advertising and marketing solutions with Regional Web Portals. Regional Web Portals reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.

All Customers and Clients using any services offered by Regional Web Portals consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Regional Web Portals, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE 'BUY NOW' BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING REGIONAL WEB PORTALS PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

('BUY NOW' BUTTON placed at end of TOS, links to an online form.)

General Provisions

In consideration for Regional Web Portals maintaining one or more accounts (each "account"), you agree to the following terms of service.

Definitions

"We" "Us" or "Provider" or "Regional Web Portals."
"You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Regional Web Portals offers a 99.9% uptime guarantee. This is valid for only the connection. Regional Web Portals will pursue all resources and channels available to maintain maximum uptime; however, Regional Web Portals is not responsible for any down time caused by a client's error.

REGIONAL WEB PORTALS MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Regional Web Portals nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Regional Web Portals, even if Regional Web Portals has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL REGIONAL WEB PORTALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE REGIONAL WEB PORTALS SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF REGIONAL WEB PORTALS SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF REGIONAL WEB PORTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGIONAL WEB PORTALS MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO REGIONAL WEB PORTALS FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, REGIONAL WEB PORTALS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold Regional Web Portals and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Regional Web Portals servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Regional Web Portals equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Regional Web Portals gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business. (e) Regional Web Portals will not be held responsible for damages claimed by any reseller customer.

Services Provided by Regional Web Portals

Web Hosting Services

Regional Web Portals will provide web hosting services or internet server rental ("the service") to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows Regional Web Portals members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Regional Web Portals agrees to provide these services according the plan selected by you upon activation of your account. Regional Web Portals reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Regional Web Portals website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.

Regional Web Portals members will use the provided services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Law. Regional Web Portals provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Regional Web Portals can terminate a client's account without notification.

Click here to read about Regional Web Portals definition of "unlimited" disk space/bandwidth

Domain Registration and Other Services

At a customer's request, Regional Web Portals may also acquire a second-level domain name ("domain name"), on behalf of a customer. Regional Web Portals will not own or otherwise control any domain name registered on your behalf. Regional Web Portals provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Regional Web Portals for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Regional Web Portals to obtain and/or maintain the domain name on your behalf shall be charged to you by Regional Web Portals under the provision therefore elsewhere herein.

Other Services

Regional Web Portals offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Regional Web Portals website.

Privacy Registration Service

Upon request, the Regional Web Portals member may elect to use Regional Web Portals Privacy Registration Service. If so, you agree to be bound by the terms of Regional Web Portals, which may be found on the Regional Web Portals website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Regional Web Portals services.

Regional Web Portals offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org & CIRA listed at www.cira.ca

IP Address Ownership

During the course of providing services to a customer, Regional Web Portals may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Regional Web Portals shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Regional Web Portals reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

ACCEPTABLE USE

a) Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Regional Web Portals or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Regional Web Portals or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Regional Web Portals will be the sole and final arbiter as to what constitutes a violation of this policy. Regional Web Portals does not normally monitor the contents of clients servers; however, if suspicion occurs, Regional Web Portals reserves the right to investigate and terminate the client's subscription to the service.

b) Bandwidth Usage: Regional Web Portals offers a generous amount of data transfer per month. Regional Web Portals reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.

c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using "excessive amounts of resources" when it monopolizes the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous situations where such problems could be caused, including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Regional Web Portals will be the sole and final arbiter as to what constitutes a violation of this policy.

d) No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Regional Web Portals server is not tolerated. This includes any email that promotes websites hosted on a server located on the Regional Web Portals network, but which is sent from an email address not associated with a Regional Web Portals account. The client shall not use his/her Regional Web Portals services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Regional Web Portals reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Regional Web Portals reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.

e) False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Regional Web Portals concerning unethical, false, or unlawful activities by you, Regional Web Portals reserves the right to terminate your service without notice.

f) Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client's use of the services.

g) Back-Up Files: Regional Web Portals provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Regional Web Portals currently does not utilize any back-up services and is not responsible for any lost data.

h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Regional Web Portals servers or other equipment that will in any way adversely affect the performance of said equipment.

i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity is prohibited. Regional Web Portals is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.

j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).

k) Malicious or Unauthorized Hacking: The customer agrees not to conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.

l) Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Regional Web Portals will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.

m) Other Illegal Activities: The use of the services to engage in any activities that are determined by Regional Web Portals, in its sole and absolute discretion, to be illegal or which in Regional Web Portals opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Regional Web Portals will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.

n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.

o) Data Warehousing: The servers provided by Regional Web Portals are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Regional Web Portals servers are intended for web enabled services and hosting.

p) Prohibited Activities: The client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.

q) Other Prohibited Activities: Engaging in any activity that, in Regional Web Portals sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Regional Web Portals business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Regional Web Portals customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Regional Web Portals in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.

FEES & PAYMENTS

a) Fees - Regional Web Portals charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.

b) Set-Up Fee: This is a one time fee that may be charged in connection with the establishment of a new account.

c) Service Fee: This is the fee for your monthly, 1-year, 2-year or 3-year web hosting services.

d) Domain Registration Fee: This is the fee for the registration of a domain name and is non-refundable.

e) Other Service Related Fees: These are fees for additional services that you may choose to add to your account.

f) Change of Plans: Regional Web Portals also reserves the right to alter, change, amend, or delete fees at its sole discretion. Regional Web Portals further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

g) Regional Web Portals reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. Regional Web Portals also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

h) Payment of Fees - Regional Web Portals accepts payment by credit card (Visa, MasterCard, American Express) and by Paypal.

i) Payment Obligations: Full payment is required in advance before hosting service is established. Regional Web Portals sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Regional Web Portals may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $25 fee for bounced cheques and a $25 processing fee for chargebacks.

j) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Regional Web Portals sixty (60) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.

k) Cancellation & Refunds: Should you become dissatisfied with our web hosting services within the first 30 days of your account activation, Regional Web Portals will refund your hosting fees, subject to the money back guarantee terms listed in this agreement. There are no refunds on setup fees, domain registrations, or for pre-paid accounts after the 30 days of account activation. You may, however, cancel your account at any time. You will need to contact customer service and verify your information before cancellation takes place. Accounts which have negative balances or fees owing will have all respective services terminated, including hosting accounts with applicable domain registrations. Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a Regional Web Portals customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process.

99.9% Service Level Agreement “SLA"

Regional Web Portals offers its clients and resellers a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Regional Web Portals will try to maintain maximum uptime. Regional Web Portals is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee– Web Hosting Services

Regional Web Portals offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting or reseller account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our mission to achieve industry-leading customer satisfaction, the customer will be refunded all hosting related charges made to his/her credit card minus any set-up fees, which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. PLEASE READ CAREFULLY: DOMAIN NAME REGISTRATIONS ARE NOT REFUNDABLE and are subject to a domain name registration fee. Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a Regional Web Portals customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process. This 30-day money back guarantee applies only to our web hosting services AND NOT to the domain name registration. Any questions regarding the 30-day money back guarantee should be forwarded to sales@RegionalWebPortals.com.

SUSPENSION AND TERMINATION

At the sole discretion of Regional Web Portals, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Regional Web Portals may suspend your account by deactivating any access by you and/or by web users to any information contained on the Regional Web Portals servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Regional Web Portals, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

a) Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Regional Web Portals servers. Such information or data may or may not be made available to you by Regional Web Portals after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Regional Web Portals. In the event of termination, there will be no refund provided to you.

ASSIGNMENT

Your rights under this agreement may be assigned only upon prior notice and express approval by Regional Web Portals. Any other attempted transfer or assignment of rights hereunder shall be null and void.

You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Regional Web Portals is the domain name registrar, please request our "domain name transfer instructions" by sending an email to support@RegionalWebPortals.com. We will send you the specific details and information about transfer of ownership.

Web hosting services accounts from Regional Web Portals are not transferable and cannot be assigned to another individual.

Regional Web Portals may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Regional Web Portals.

AMENDMENT

Regional Web Portals may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Regional Web Portals websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.

Statement of Privacy Policy

We at RegionalWebPortals.com ("Regional Web Portals ") are committed to providing both clients and end-users with the utmost in privacy and security. We abide by all industry guidelines and consistently monitor our management and operating methods in order to maintain our valued reputation and integrity. This is our promise to our site visitors.

Type of Information Collected

Regional Web Portals is a site offering web hosting services. Information is collected from site visitors in two ways: when they voluntarily sign up for a web hosting account and when they contact our support staff using the feedback/contact form whereby they submit their name and e-mail address.

Use of Collected Information

Information is collected by Regional Web Portals and is the sole property of Regional Web Portals.

Customer Contact

If a site visitor opts to sign up for a web hosting account or contact us via the feedback/contact form, we have permission to contact the applicant via electronic or postal mail or telephone regarding information that relates directly to the information they have provided.

Cookies

Cookies are only used to keep track of log-in names and passwords. A user's e-mail address is automatically logged in when they revisit the site and they do not have to re-enter profile information. This is to keep track of preferences and to better tailor the site to the visitor's needs while providing the most effective service to our clients. Information such as IP address internal session ID, user's domain, type of Internet browser, domain of Web site are collected and used only for traffic auditing and analyzing trends.

Security

In order to ensure security and protection of collected information, all employees are aware of our security policy and practices. Web security is constantly reviewed. Access to the information is limited and only obtained through codenames and passwords. Any loss, misuse, or alteration of information is prohibited followed by appropriate action and termination of employee. This is to uphold our promise to our clients, affiliate members, and property users.

Delete/Deactivate

"Deactivating" refers to the process by which Personally Identifiable Information, upon request, is removed. Because of backups and records of deletions, it may be impossible to delete a consumer's entry without some residual information. An individual who requests to have Personally Identifiable Information deactivated will be functionally deleted. We will not sell, transfer, or use the information relating to a deleted individual in any way. To deactivate your account, please e-mail info@RegionalWebPortals.com.

Correct and Update Information

Personal information collected through Regional Web Portals may be corrected or updated through various methods. All information must be updated by contacting Regional Web Portals staff either through e-mail or postal mail. All changes may be sent to Regional Web Portals by sending an e-mail to info@RegionalWebPortals.com
Alternatively, you may contact us in writing at:
Regional Web Portals
49 King Street East,
Gananoque, Ontario
K7G 1E8

Notification of Changes

In the event that there is a change in the privacy practices at Regional Web Portals, all members of Regional Web Portals will be contacted via the e-mail address on record.

Contact Information

Regional Web Portals abides by the laws and guidelines of the Internet. We welcome any inquiries as to the use of collected information and cookies, product capabilities, or company methods and practices. If you have any questions, comments or corrections regarding Personally Identifiable Information obtained through us, please send an e-mail to info@RegionalWebPortals.com or write to the address listed above.

Disk Space, Bandwidth and Data Transfer

Regional Web Portals customers now have access to unlimited disk space, bandwidth and data transfer. Essentially then, you can use whatever disk space and bandwidth is necessary for your web hosting needs.

What is acceptable and appropriate usage?

Regional Web Portals web hosting is continually investing in technology and support features. Our web hosting solution has specifically been designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with hundreds of others on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. For that, we recommend purchasing at least a virtual private server or dedicated server solution.

Regional Web Portals web hosting is a shared web hosting service, which ultimately means a number of customers' websites are hosted within the same server environment. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer's website usage cannot adversely affect the performance of other customers' sites. We monitor our servers 24/7/365 and in no way can one customer adversely affect the performance of that server. If this happens, we will take preventative measures to ensure that the entire community is protected.

Lastly, our web hosting service is intended to host websites, not backup or storage facility for users' data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only.

What is unlimited?

• Unlimited disk space: Create a website as large as you like, hundreds or thousands of web pages; you will not be penalized for exceeding any upper or ceiling limit. However, please realize that there are many other users on your server and growing a website very large too fast will impede the performance of that server, as using too many server resources will negatively impact other customers on that server. We will place some constraints on how fast you can grow that website and monitor the server resources closely. The vast majority of our customers' sites grow at rates well within our rules, however, and will not be impacted.
• Unlimited bandwidth and data transfer: This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server's processing power is key to the overall performance on that server. In the vast majority of cases, if you use the web hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above.

For more specific terms of service, we ask that you refer to the acceptable use section of our Terms and Conditions.

DMCA: DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

RegionalWebPortals.com will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA).

The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

To File a Notification

A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).

2. Identify the items that you claim are infringing on your copyright, and provide information reasonably sufficient to locate the items.

3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.

4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)

5. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the document.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an item is protected by copyright laws.

Send the written document to the designated Copyright Agent as follows:

Regional Web Portals
Attn: Designated Copyright Agent
49 King Street East,
Gananoque, Ontario
K7G 1E8

To file a counter-notification:

1. List the items that were removed by RegionalWebPortals.com Corp., and the location at which the material appeared before it was removed. Please identify the items in sufficient detail.

2. Provide your name, address, telephone number, email address (if available).

3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Fort Lauderdale, Florida if your address is outside of the United States).

4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.

5. State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

6. Sign the document.

Send the written document to the designated Copyright Agent at Linden Research:
Regional Web Portals
Attn: Designated Copyright Agent
49 King Street East
Gananoque, Ontario
K7G 1E8