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Terms and Conditions

Version 1.28.022302

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These Terms and Conditions are binding on all subscribers to Mecca services, including but not limited to Mecca Internet Solutions websites (http://www.i-mecca.net, http://www.mecca.ca and http://www.ehosting.ca)/e-mail/web design/web hosting/domain registration/domain hosting/e-commerce Services and constitute a contract between Mecca and each Subscriber. The following terms shall have the following meanings, unless the context otherwise requires:

"Mecca" or "We"
refers to Mecca Internet Solutions Ltd., its subsidiaries and affiliates.
refers to any software, content, data, information or other material that is accessible by or through using Mecca Services including, but without limitation to, all electronic mail and other messages and all textual, audio, video, still image, graphical and other content;
"Content Provider"
means any third party providing Content and/or who operating services accessible by or through using Mecca Services;
"Login ID"
means any personal identifier(s) issued by Mecca to the Subscriber to gain access to all or any of the Mecca's Services;
means any applicable charges from time to time including, without limitation, monthly fee, storage charges and other connect time charges, access charges, handling charges, and other fees and charges as may be charged from time to time, for or relating to the Subscriber's use (and/or any other person's use of the Services by using the Subscriber's Login ID and/or password) of the Services;
means any password issued by Mecca to the Subscriber, which enables access to all or any of the Services;
means those e-mail, web design, web hosting, domain registration and domain hosting services provided by Mecca

You must accept the terms of this Agreement in order to use the Services.

1.0 Use of Services


You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other Subscriber's use of the Services, nor represent (in the sole judgment of Mecca) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, chat rooms, and multi-user interactive forums.

Mecca reserves the right to set specific limits for Bandwidth Usage and charge for excessive Bandwidth Usage at any time. In addition, you must ensure that your activities do not improperly restrict, disrupt, inhibit, degrade or impede Mecca's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

Specifically Unlimited Data Transfer offer is not provided to the below situations:

(a) Adult Content

Mecca does not provide Unlimited Data Transfer to Subscriber who hosts sexual related websites. For any sexual related websites, Mecca covers only 5 GB of traffic each month for all hosting plans and additional traffic is CDN$12/GB/month. Please note that as stated in term (3), hosting picture/video posting forum with sexual content is prohibited;

(b) Copyrighted Materials

Mecca does not permit Subscriber to host third party copyrighted materials without appropriate permission and/or illegal materials, including but not limited to text, audio and video clips. Mecca reserves the right to terminate the Subscriber's account and charge the Subscriber CDN$12/GB/month should we notice that the Subscriber is conducting the stated activities with our Service;

(c) Medium/Large Scale Streaming

Mecca does not permit Subscriber to stream audio/video files which attracts so many concurrent users on shared hosting platform. In addition each media clip is restricted to a maximum of 2 megabytes on shared hosting platform. Streaming media would degrade the overall server and network performance and will directly affect other clients on the same server. One must consider to use our dedicated hosting service for medium or large scale of streaming;

(d) Dedicated Hosting/Server Colocation

Mecca does not provide Unlimited Data Transfer to our dedicated server hosting and server co-location clients.


The Subscriber is not permitted to distribute material promoting hatred against individuals or groups or any Content which is deemed illegal under the laws of Canada or any copyrights laws. Mecca reserves the right to decline requests for web space rentals and to cancel any account at our discretion.

2.0 Copyright Violations


Our website designs (including Site2Go website templates), promotion materials and programming are copyrighted to Mecca and its licensors. Any redistribution or republication of any of our designs and programming scripts are strictly prohibited. The Subscriber agrees that no one except Mecca could modify, alter or remove any designs and programming scripts that are created by Mecca. The Subscriber should not publish, post or transfer any of our designs or programming scripts to other companies. Mecca reserves the right to modify, alter or remove any of our designs and programming scripts anytime at Mecca's discretion.

3.0 Spamming & Network Abuse


The Subscriber will not hack, break into, access or use or attempt to hack, break into, access or use any part of the Services, its content and/or any data areas on Mecca's server(s) for which the Subscriber has not been authorized by Mecca.


The Subscriber is not permitted to distribute material promoting any form of network and server abuse, such as bulk spam mailers, sniffers, or hacking tools. In addition, hosting picture/video posting forum with sexual content is prohibited.

The subscriber is also not permitted to host any script/file/media clip or to perform email broadcasting which is consuming huge CPU, memory and/or bandwidth resources. Mecca reserves the right to disable any Subscriber's script/file/media clip/email account/website without prior notice should we find that the Subscriber is causing Mecca serious technical and/or bandwidth difficulties.


The Subscriber should not use the Services to circulate, publish, transmit, distribute, or any unsolicited promotional information or any content that is seditious, obscene, defamatory, indecent, threatening, offensive, liable to incite racial hatred, discriminatory, menacing or in breach of confidence. Mecca exercises no control whatsoever over the Content passing through the Services.

4.0 Viruses and Other Destructive Activities


Use of Mecca's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in 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 Mecca's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

5.0 Enforcement


Mecca reserves the right at all times to deactivate all or any of the Services thereof with a at least 24 hours advance notice to carry out system maintenance, upgrading, testing and/or repairs. No credit or refund is available in respect of any time when all or any of the services is down or suspended.


Mecca reserves the rights to expand or reduce the Services, amend the Charges or introduce new charges payable by the Subscriber, amend any of the terms and conditions of this Agreement, alter, modify and/or delete any of the Services without prior notice to Subscriber.


Mecca may suspend or terminate this Agreement and/or the provision of the Services without notice and without limiting any other remedies available to Mecca if any of the following events should occur: The Subscriber's balance remains unpaid 5 days after the invoice date The Subscriber becomes the subject of bankruptcy, winding up or receivership proceedings; or The Subscriber permits outstanding charges to exceed the credit limit established from time to time by Mecca; or The Subscriber is in breach of any terms of this Agreement.


Mecca may terminate this Agreement and the Subscriber's access to the Services at any time if the Subscriber breaches any terms of this Agreement or if the Subscriber's use of or actions in connection with the use of the Services is/are inappropriate, in Mecca's sole opinion, with the continued use of and/or subscription to Mecca. The Subscriber may request Mecca to cancel the Services provide at any time by giving 30 days written notice, provided that all accrued charges as of the actual cancellation shall be due and payable. Upon the termination of the provision of the Services by Mecca, Mecca will cease to provide to the Subscriber access to the Services and all licenses and other rights and privileges granted to the Subscriber. All payments (including any setup fees and/or administration fees) previously made by the Subscriber will not be refunded.

6.0 Warranty; Warranty Disclaimer


Mecca makes no warranties of any kind, whether expressed or implied, for the Services it is providing and disclaims any responsibility for the accuracy or quality of information obtained through its Services. Mecca will not be responsible for any damage Subscriber suffers from use of the Services. This includes loss of data resulting from delays, non-deliveries or service interruptions caused by its own negligence or Subscriber errors or omissions, or due to inadvertent release or disclosure of information sent by Subscriber. The Subscriber should always maintain a good backup copy of their website files, databases and emails at all times.

7.0 Limitation & Exclusion of Liability


Mecca guarantees 100% network uptime and 99.5% server uptime. Network uptime guarantee does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via email, and will not exceed 60 minutes per month. Server uptime guarantee does not pertain to scheduled or emergency server maintenance, unexpected operating system and hardware failures. In order to accomplish 100% network uptime and 99.5% server uptime, Mecca has carried out the following:


All network connections make use of Cisco's Hot Standby Router Protocol (HSRP)


Multiple upstream providers


Fully redundant OCn internal backbone network


All network devices and server parts have onsite spares


All key network components, mail and web servers are monitored 24/7


UPS and diesel generator power are in place to prevent power failures


Mecca expressly disclaims any liability for (i) any damage to or loss of data arising from the Subscriber's use of the Services; (ii) any claim based in contract, tort, or otherwise for any direct or indirect loss of revenue, profits or any consequential loss whether of an economic nature or any such loss which the Subscriber suffers as a result of any error, inaccuracy or computer virus in or introduced into the Subscriber computer system by, through or in connection with the Subscriber uses of the Services or the Software; (iii) any claim relating to the Services and/or any Content supplied, provided, sold or made available by or through the Services (or any failure or delay to so supply, provide, sell or make available); (iv) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond Mecca's control ("Force Majeure Event"). A Force Majeure Event includes but is not limited to acts of God, war, civil disobedience, explosion, fire, flood, governmental action, legislation not in force at the time of this Agreement, restraints imposed by government or any other regulatory authorities, labour disputes, trade disputes or delays of third parties (other than subcontractors) over which Mecca has no control.

8.0 Indemnification


The Subscriber hereby agrees to indemnify and to keep Mecca fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense suffered or incurred by Mecca arising from or which is directly or indirectly related to: the Subscriber's use and any other persons use of the Services where such person was able to access Mecca by using the Subscriber Login ID and/or Password, including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights; and/or any breach or non-observance of any provision hereunder by the Subscriber or any other person where such person was able to access the Services by using the Subscriber Login ID and/or Password.

9.0 Payment for Services


" 14-day Money Back Guarantee" is offered to selected Mecca's hosting plans. Within the 14 days of the initial hosting service, Subscriber under "14-day Money Back Guarantee" can send a written request (either by fax or email) to request a refund of the hosting fee should the Subscriber wants to cancel the service. Mecca will refund the hosting fee previously paid by the Subscriber minus Canadian $15 administration fee minus any applicable cheque charges. No full or partial amount will be issued back to Subscriber should hosting account has been activated for or over 14 days period.

14-days monet back guarantee is only offered to new Subscriber only. Subscriber who has not subscribed to our service for the past 48 calendar months is considered as new Subscriber.


Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 14 days after the invoice date at the rate of 2.0% per month, or such other rate as we may determine from time to time. Payment shall be made by credit card (Visa, MasterCard and American Express) or pre-authorized payment. Should a payment be rejected by your financial institution for any reason, the Subscriber will be charged a fee of Canadian $25.00 if the client is willing to pay within 5 business days of such incident occurs . Penalty charge will increase by $25.00 per 5 business days should payment cannot be received within the specified period.

Should the Subscriber chooses to pay invoices by any method other than by credit card charges the Subscriber may be subject to a credit check. Mecca reserves the right to examine the Subscriber's credit record before providing, continuing or reinstating Services to the Subscriber. The Subscriber authorizes Mecca to investigate the Subscriber's creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as Mecca may reasonably request for this purpose.


In the event that the Subscriber wants to restore a suspended account due to expiration, late payment, NSF, chargeback, or poor credit history, there will be a minimum Canadian $15.00-50.00 service restoration charge on top of any chargeback fees, owing balances and interests.


Billing Terms and Conditions are list at our Billing Policy in which it will still hold as legal bound for Mecca eHosting.ca clients.


10.0 Miscellaneous


All applications for Mecca Services shall be subject to review and acceptance by Mecca.

10.2 Confidentiality

The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.


This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior arrangements or understandings, whether oral or written, between the parties relating to the subject matter hereof.


These terms and conditions may be amended by Mecca at any time and if any term or condition hereunder becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be separable and shall not form part of these terms.

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