Little Web Feet

Little Web Feet Services

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Little Web Feet provides to customers);

2. any use by customers, or any access provided to customers by Little Web Feet, of computing, telecommunications, software, information, hardware, and equipment;

3. any act, or provision of any service, by Little Web Feet to customers, related to web hosting, virtual desktops, domain name registrations and domain name transfers (including server usage and technical support), regardless of duration and whether paid for or not;

4. any provision by Little Web Feet to customers, of any space, Internet connectivity, or electrical power;

5. any access or use related to the Little Web Feet's Web site, including the Web site itself;

6. any other service mentioned in the TOU;

7. any other service provided by Little Web Feet to customers, whether used or not;

8. any other Little Web Feet services that are used by customers, whether offered or provided by Little Web Feet to customers.

Domain Name Renewal And Expiration

Ownership of Web Site

Illegal Use

Spamming

System and Network Abuse

Viruses and Other Destructive Activities

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Little Web Feet customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Little Web Feet customer (per the DMCA) to Little Web Feet must follow the below procedures. Copyright infringement notifications submitted to Little Web Feet according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Little Web Feet's sole discretion.
DMCA Copyright Infringement Notification Requirements
• Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for Little Web Feet to locate it including URLs and specific descriptions of the infringing material at each URL.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
• Mail the notification to:

Little Web Feet
41 Benson Ave.
Toronto Ontario
M6G 4C6
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Adult Content

Pornography and sex-related merchandising are prohibited on Little Web Feet servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography

The use of Little Web Feet's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Little Web Feet is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

Little Web Feet is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Little Web Feet urges its customers to assume that all of their on-line communications are insecure. Little Web Feet has taken every step in securing its servers and network, although we cannot take any responsibility for the security of information transmitted over Little Web Feet's facilities. Additional details on privacy and Little Web Feet's use of customer information can be found in Little Web Feet's Privacy Policy located here.

Customer Responsibility

Customers are required to use the Little Web Feet network and/or servers responsibly. This includes respecting the other customers of Little Web Feet. Little Web Feet reserves the right to suspend and/or cancel service with any customer who uses the Little Web Feet network in such a way that adversely affects other Little Web Feet customers. While Little Web Feet may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Little Web Feet does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when Little Web Feet becomes aware of any violation of the TOS or other user agreements, Little Web Feet may take any action to stop or correct such violation, including, but not limited to, denying access to Little Web Feet's services and equipment or to the Internet. In addition, Little Web Feet may take action against a customer or a customer of such customer because of the activities of such customer. Little Web Feet anticipates that customers who offer Internet services will cooperate with Little Web Feet in any corrective or preventive action that Little Web Feet deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Little Web Feet policy and Little Web Feet reserves the right to take any such action even though such action may affect other customers of the Little Web Feet customer. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account. You are responsible to report any weakness you discover in the security of Little Web Feet's computing resources to Little Web Feet.

Actions Taken by Little Web Feet

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Little Web Feet will be the sole arbiter as to what constitutes a violation of the TOS. Little Web Feet reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Little Web Feet becomes aware of an alleged violation of its TOS, Little Web Feet will initiate an investigation. During the investigation, Little Web Feet may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Little Web Feet may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Little Web Feet will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Little Web Feet does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Little Web Feet. Websites found in violation of this TOS policy are subject to account termination without notice and any refunds are void. Violations of system or network security are prohibited and may result in criminal and civil liability.
Indemnification

Little Web Feet customers agree to protect, defend, hold harmless, and indemnify Little Web Feet, any third party entity related to Little Web Feet (including, without limitation, third party vendors), and Little Web Feet's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Little Web Feet, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Little Web Feet's services.

Disclaimer

The Little Web Feet service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Little Web Feet expressly disclaims any representation or warranty that the Little Web Feet service will be error-free, secure or uninterrupted. No oral advice or written information given by Little Web Feet, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Little Web Feet and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Little Web Feet may immediately terminate provision of Little Web Feet's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Little Web Feet in such event.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Little Web Feet (INCLUDING, WITHOUT LIMITATION, Little Web Feet'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Little Web Feet, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Little Web Feet'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Little Web Feet SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Little Web Feet SERVICES EVEN IF Little Web Feet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Little Web Feet'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR Little Web Feet'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Little Web Feet OR Little Web Feet'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

Little Web Feet may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, service, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Little Web Feet's services. Certain changes to Little Web Feet's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Little Web Feet is not liable, for any and all such personalized applications and content, except as expressly agreed to by Little Web Feet.

Backup of Data

Except where Little Web Feet has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Little Web Feet is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Little Web Feet services. You are responsible to make any back-ups of electronically stored data which you have created or maintain. Little Web Feet assumes no responsibility for lost or corrupted data.

Third Party Licenses

Little Web Feet makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Little Web Feet makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Little Web Feet specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Little Web Feet liable in any way for the revocation of any license, which has been licensed to Little Web Feet. The use of the Technologies obtained from or through Little Web Feet, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Little Web Feet Products

Any mention of non-Little Web Feet products by Little Web Feet, its employees, or any third party entity related to Little Web Feet is for information purposes only and does not constitute an endorsement or recommendation by Little Web Feet. Little Web Feet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Little Web Feet products or services.

Little Web Feet's Intellectual Property

Customers will not, without Little Web Feet's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Little Web Feet's Web site, Little Web Feet related documents, media, and/or publishing's; and customers will not use any of Little Web Feet's trademarks, service marks, copyrighted materials, or other intellectual property without Little Web Feet's express written consent. Customers will not, in any way, misrepresent their relationship with Little Web Feet, attempt to pass themselves off as Little Web Feet, or claim that customers are Little Web Feet

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Little Web Feet's services, either in whole or in part, without the prior written consent of Little Web Feet.
Minimum Age Requirement

Little Web Feet customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a Little Web Feet customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Little Web Feet services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Little Web Feet's express written consent to the contrary. Any acceptance of the TOS or any other agreement for Little Web Feet's services will be deemed null and void to the extent that Little Web Feet will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Little Web Feet's services.

Governing Law and Severability

The TOS, and any other agreement for Little Web Feet services, will be governed by and construed in accordance with the laws of the State of California, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Little Web Feet will take place in California, County of Riverside and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Little Web Feet agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Force Majeure

Little Web Feet will not be liable for delays in its performance of the TOS or Little Web Feet services caused by circumstances beyond Little Web Feet's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Little Web Feet will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Little Web Feet services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Little Web Feet.
Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Little Web Feet and its customers. Each of Little Web Feet and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for Little Web Feet services, constitutes the complete understanding and agreement between Little Web Feet and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Little Web Feet, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Little Web Feet services is between Little Web Feet and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Little Web Feet.

All users of Little Web Feet services, and all customers upon signing up for and continuing to use Little Web Feet services, agree to be bound by the following terms and conditions.

E-Mail Restrictions

Some people ask why we have a policy against unsolicited e-mailing, or why we even restrict bulk e-mailing. A general overview of our reasons are listed below along with some links that can clarify the situation.

Unsolicited e-mail, commonly know as "spam" is one of the more heated issues on the Internet. It is considered a breach of Netiquette and often generates more complaints than sales. This is partially because of the tremendous number of unsolicited e-mails received by some individuals (often more that 50 per day), and partially because of the damage and expense the advertising method itself causes.

Spam has a costly impact on the environment as well. The volume of spam in 2008 was 62 trillion emails and used 33 billion kWh. That is equivalent to the energy usage of 2.4 million homes and is equivalent to the carbon emissions of 3.1 million passenger cars using 2 billion gallons of gasoline. (Mcafee/ICT 2008, pg.2)

Large providers who can do several million e-mails per day can cause hundreds of dollars in bandwidth charges a day to local Internet Service Providers (ISP's). This cost can cause incredible damage to a small company. Especially when it is taken into account that conservative estimates state that approximately 20% of all e-mail sent across the Internet is unsolicited. This does not include the cost of additional mail servers, staff handling the problems this additional e-mail causes, or on-line time taken up to download and read all the e-mail messages. These costs ultimately get passed on to the consumer, who never requested the e-mail in the first place.

Many other problems are generated when the UCE senders try to avoid the hassles of bounced e-mail and complaints by spoofing and forging header information. The bounced e-mail is often sent to an unsuspecting, innocent user, who often has to bear the brunt of angry victims. In a further attempt to hide their identity, some "spammers" hijack third party servers, sometimes causing server crashes and system damage, as well as the additional data transfer cost. This sort of unsolicited advertising is also against the policies of our upstream providers, Sprint, UUNet, and MCI. Their policies are listed among the links below. By allowing our customers to violate our policy we would be violating our contract with our providers and risking disruption of service.

This barely begins to scratch the surface of the "spam" issue. Further information can be found at the sites listed below:
www.spam.abuse.net
www.cauce.org

Complaints Procedures

Our Abuse Team investigates all complaints about the web sites we host. In order for an unsolicited e-mail or newsgroup abuse complaint to be considered, however, it must have the full header information for verification purposes.

We are currently operating under a three strikes procedure in which we warn, suspend, then delete accounts which violate our abuse policy.
It is very important to remember that often times unsolicited e-mailings forge header information and innocent domains are caught in the angry crossfire that follows. Please remember that just because a domain name we host may show up in several unsolicited e-mailings they do not necessarily have anything to do with them.

Allegations of trademark/copyright infringement and intellectual property disputes are handled under our terms of use policy. Domains found to have engaged in "mailbombing" or other serious or damaging breaches of policy can be suspended or deleted with no warning.

Policy Violations and Refunds

Any customer who has been suspended for a violation of our policy will no longer be eligible for the 30 day money back guarantee. Our 99 % uptime guarantee would still be in effect, although the time spent in suspension would be considered uptime. These terms exist for the collective benefit of all of our clients. We have implemented these rules as a measure to protect us from unwanted activities and in order to provide our clients with the most reliable and best overall hosting services and features possible. We ask that as a client for you to please respect and follow our policies. We do not have the resources to police thousands of websites 24 hours a day, but if we do find that your website is in violation of any of our policies, we reserve the right to terminate your account without notice at our discretion. Clients who follow our simple policies will never encounter any problems with their service.

Root Directory

It is often asked why the advertised domain in a bulk e-mailing is "still active, but showing only a root directory". This is because the account is suspended. Often times it can take a couple of days to sort through the ramifications of deleting a site for a violation of policy, and the site will be kept in this status until such a time as the account is deleted.

Bulk E-Mail

Our Terms Of Use Policy forbids the transmission of certain types of e-mail. There are many reasons for not accepting bulk e-mail which are outlined in unsolicited e-mail. Bulk e-mail can be acceptable under the circumstances outlined below:

1. You should have a prior relationship with the person receiving the e-mail, and they should be aware that they will be receiving e-mail from your domain.

2. If you have a subscription list, there should be a confirmation e-mail sent to the address before that address is added.

3. There should always be a way to quickly and easily unsubscribe from the list included in each e-mail, and all un-subscription requests should be quickly honored.

4. A valid "From:" and "Reply to" address must be included with each message.

The following items would violate our policy:

1. Any kind of forged header information.

2. Lists which include "harvested" addresses.

3. "Targeted" e-mail lists.

4. Using a script on your site to send bulk or unsolicited e-mail.

5. Using an autoresponder at your site to send bulk or unsolicited e-mail.

Please note that this includes all domain names, IP addresses, and e-mail addresses at a site.

Received Bulk E-Mail

Occasionally our customers run into a particular bulk e-mailing company, or particular message that comes in repeatedly. Since we do track all incoming unsolicited e-mail complaints and block repeat offenders, we ask that you forward these complaints to This e-mail address is being protected from spambots. You need JavaScript enabled to view it as well as complaining to the sender.

When sending a complaint to our Abuse Team, please make sure to include the full header information ("Received From:" lines) so that we can trace the source of the message.

Our Abuse Team Hours

The Little Web Feet Abuse Team is not available by phone. Information is available and complaints can be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . All abuse complaints should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and only specific questions should be directed to customer service.

Other Providers

It is important to remember that unsolicited e-mail is often found very offensive, and the fact that we host a domain can easily be traced. Almost all ISP's and IPP's block e-mail from domains associated with unsolicited e-mail, and more importantly it is against the policies of our upstream providers to allow hosting of web sites or e-mail addresses of customers who spam.

"Targeted" Lists

One of the many types of e-mail address lists for sale today is the "targeted" e-mail list. These lists are compiled using various methods in an attempt to reach a specific audience who, in theory, would be more interested in the product of service being offered. Unfortunately these lists are still unsolicited and therefore violate our policy. We do not allow these lists to be used to promote domains, IP addresses, or e-mail addresses that are hosted on our servers.

Disputes and Allegations

We are very sensitive to the Internet related issues often raised about web sites we host. These include trademark/copyright infringement, improper advertising, and a few others. We are willing to help resolve these issues between the complainant and our customers, but cannot act as judge and jury or delete every account accused of violating the law.

We suggest the following:

1. If our client does not respond to your cease-and-desist demand by your deadline, please forward our name, address, email, etc. to your counsel so we may cooperate in resolving the matter without litigation.

2. Through your counsel, or the legal branch of the appropriate local, state, or country authorities, please inform us as to how our client responds to your demand. Although our client may express an opinion to Little Web Feet regarding your claim(s), the only response that counts is the one our client sends to you--and Little Web Feet will not necessarily receive a copy of it.

3. If the response from our client is unsatisfactory to you, we will work with your counsel or the legal branch of the appropriate local, provincial, or national authorities -- if he or she is willing -- to agree upon the wording of an injunction which will legally require Little Web Feet to remove the offending web site. If we can agree on the wording of the injunction, Little Web Feet will not oppose your motion requesting it.

These are guidelines and suggestions, each case is always handled on an individual basis.