1.0 Introduction

These terms of service shall constitute the agreement that exists between Web Chancellor and the party or parties signing up to receive services from Web Chancellor.

2.0 Mission statement

We are governed by the belief that we are stewards of our resources and not owners of it. We have been entrusted to take care of the earth, and to serve others. We consider it a privilege and a responsibility to make our giftings available to you. These giftings, in part, revolve around internet technology, which we believe can be used effectively in spreading positive, uplifting, and encouraging information throughout the world as well as being used by businesses and organizations that provide high quality services that are part of a growing, progressive, and stable society. Organizations that do not fall within these guidelines are prohibited from using our services as they fall outside the scope of our mandate and mission statement.

3.0 Web Chancellor content management system

Web Chancellor uses the Web Chancellor Content Management System (CMS). Web Chancellor is the product that you will be using as an interface between you and your website, and will enable you to easily manage your website including adding and editing pages. The Web Chancellor Content Management System provides special functionality such as the ability to receive a daily report of pages visited, as well as functionality provided via numerous plugin modules. The features are too numerous to mention here, but you are encouraged to find out about them at www.webchancellor.com.

4.0 System Purchase

The Web Chancellor Content Management System may be purchased or leased. Unless indicated otherwise, these terms of service assume a leased basis which provides you with free continuous upgrades of the Web Chancellor Content Management System every time a new release is issued, as well as hosting, and, where applicable, email accounts and webmail accounts. Note that depending on the package that you select, you will receive more or less modules which will enable you to add special functionality to your website. If you desire to purchase the system to host on your own server, please speak to a Web Chancellor sales representative.

5.0 Domain names & domain name management

You may choose to associate a domain name with your account. If you like, we will manage your domain name for you, acting solely as your representative, and not owners, of the domain name. Currently supported domain name extensions are .net, .com, .org and .ca. Note that some domain names (for example, .ca domain names) require certain qualifications. For terms of less than 12 months, a fee is associated with domain name management. For terms of 12 months or more, domain name management (including annual renewal of your domain name) is provided at no additional charge (this is a limited time offer and may terminate at any time).

5.1 Transfer of the domain name to us

If you choose to allow us to manage your domain name for you, and you already own your own domain name, we will initiate a transfer of your existing domain name to the registrar of our choice. You must accept the transfer in order for the transfer to be completed. A fee of USD 35.18* will apply if you decide to later change the name.

5.1.1 Legal representation

Unless restricted by law, clients whose domain names are managed by us agree to allow us to act solely as their representatives in managing their domain names and to consequently allow us to use our company name as the legally authorized registrant, administrative contact, technical contact, and billing contact for the domain name.

5.2 New domain name

If you choose to allow us to manage your domain name for you, and you do not already own your own domain name, you must provide us with at least two choices of domain name (in order of preference) and we will choose the first available one. A fee of USD 35.18* will apply if you decide to later change the name.

5.3 Transfer of the domain name back to you

If you choose to allow us to manage your domain name for you, and later decide not to host with us or simply choose to manage your own domain name while still hosting with us, you must initiate a domain name transfer from us to you with the registrar of your choice. The transfer process will normally take 7-21 days but may take longer. There is no charge for this. The client agrees to clear up any remaining outstanding bills prior to initiating or requesting the domain name transfer.

5.4 Client-managed domain names

If you are managing your own domain name, it is up to you to renew it on time. If you fail to renew it on time, this will cause your website to go off line. However, in the case where we are managing your domain name for you, you never need to worry about renewing your domain name or your website going off line because we will do all that for you, free of charge, as long as your payment term is 12 months or greater. Please contact us should you wish for us to manage your domain name for you, if you are currently managing it yourself. Note that no refund is given if you decide to manage your own domain name.

5.5 Availability

Once your domain name is purchased, the availability of your domain name by others on the internet is not instantaneous and may take several days to propagate (normally not exceeding 48 hours). If you are managing your own domain name, there is some administrative overhead on your side, as well. You will have to fulfill your obligations which will be outlined to you in an email before the domain name will take effect.

6.0 E-mail accounts

Depending on the type of plan you have signed up for, you will receive 1 or more e-mail accounts which may also include web mail (if we configure your email account as a POP email account). Please note that web mail should not normally be used as a "substitute" for a normal e-mail client such as Microsoft Outlook, which you would set up on your own computer. The latter is set up as a "POP" account, which means that when you use your Microsoft Outlook client (or Netscape Mail, etc.), then this will automatically contact the mail server, and download your mail to the Microsoft Outlook e-mail client. This means that your mail remains on your own personal computer. This clears out the server, and allows you to be able to receive more mail still.

If we have setup a POP email account for you and you fail to download your mail on a regular basis, eventually the section on the server reserved for your e-mail is going to get full and you will not be able to receive any more e-mail.

Please note that while we use reliable servers that have never been known to lose emails, for your own security we recommend taking the following steps to ensure an unhindered smooth service. First, if you have setup one or more POP email accounts, logon to these accounts regularly in order to download mail onto your personal computer (to do this, you would use an email client such as Microsoft Outlook, Outlook Express, Eudora, Netscape Mail, or similar). Second, if you already have a POP email account, or another email account setup elsewhere, you may want to ask us to configure your email accounts as forwarding accounts, rather than POP email accounts. The difference between a forwarding account and a POP email account is that a forwarding account will merely forward the email to any account of your choice. The advantage is that you do not need to maintain a separate POP email account for the addresses that you setup with us. It makes life a little bit easier in most cases.

While it is rare, any mail server may experience downtime from time to time. To ensure that mail can always be sent to the email addresses that we setup for you, we recommend that you sign up to our mail-safe service, which provides for a special mail portal where mail will be temporarily delivered to in the event of a mail server failure. This means that your clients will avoid receiving a bounced message notice, but instead our mail-safe service will keep your mail in a special pool until such time as your mail server comes back on line again. This could make a difference to your end users (e.g. clients) and the additional fee is almost nothing.

Web Chancellor recommends never posting your e-mail address on a web page. If you do, then a "web-robot" that scavenges for e-mails addresses will quickly find it, and you will start to receive increased amounts of junk mail which you definitely do not want.

7.0 Unlimited E-mail Support

If you have questions on how to use the system, or encounter any problems along the way, you may contact us by writing us at support - at - webchancellor.com. Please view the tutorials and read the help menus, as well as the Web Chancellor manual, prior to contacting us. Our policy to respond to all support tickets within 12 hours at the outside.

The scope of technical support provided is limited to the functionality provided by the Web Chancellor system and by the hosting service that we provide. Should you require support on any items that currently do not comprise the Web Chancellor system, we invite you to submit a feature request (please see "Feature Requests" below).

8.0 Phone/Skype Support

For individuals that qualify for our Advanced Support, a limited amount of free phone or Skype support is provided annually. This amount is limited to three hours per year (pro-rated according to your term), and cannot be carried over to subsequent years. Individuals that qualify for our Advanced Support may also purchase additional phone or Skype support, however it is not normally required. We recommend that you only use your phone or Skype support when you have first attempted to solve the problem using email support, video tutorials or interactive manual. Each phone or Skype support request will be rounded up to the nearest 30 minutes. Phone or Skype support sessions may require pre-scheduling. Please coordinate this with your Web Chancellor support representative to pre-schedule a time that best suits your schedule. All clients must be willing to download and install the free Skype software on their computer, available at www.Skype.com, in order to qualify for the free phone or Skype support. Usage of Skype software itself is free but may require purchasing computer hardware such as a headset at your local computer store. Phone support may not include long distance charges. Skype support or phone support may not be available in your particular region. Skype is not affiliated with Web Chancellor and is not a sponsor of the Web Chancellor system.

9.0 Account upgrade or downgrade requests

You can freely upgrade your account. You may also downgrade your account but note that no refunds are provided, so normally we advise that if you want to downgrade your account, you do so on your renewal date.

9.1 Additional e-mail accounts

Each package comes with its own specified number of email accounts. For an increase in email accounts, you can select a higher level package.

10.0 Price Quotations

Unless specifically indicated, price quotations include only the construction of your template, the setting up of your individual web pages, and any recurring charges to cover the cost of hosting and/or leasing of the Web Chancellor system. Any additional design work that is required that is not mentioned in the price quotation should not be construed as being included unless it is specifically mentioned. Note that the website assembly fee is to construct the initial web pages only. The website assembly fee does not include setting up of e-commerce, conversion of audio or video files, or the like. Equivalent rates quoted in non-CAD currencies may be subject to change within the quoted period (normally 30 days) if the exchange rate fluctuates. We reserve the right to recreate your quote based on the updated exchange rate if you decide to pay in non-CAD currencies.

11.0 Website assembly

When you originally sign up to our services, you have the option of allowing us to assemble your website for you, for a small fee, or to assemble it yourself, with no additional fee, based on a 5-page starter website which we will provide to you at the time of signing up. The choice is yours. When we assemble it for you, we will charge you a fixed rate for the first 15 pages, and then an additional fee for each page after that. No discounts are provided to the fixed rate for less than 15 pages.

12.0 Website monitoring

We monitor all websites to ensure that they are active. If you have enabled tracking reports on your account, you may observe some hits that are due to website monitoring.

13.0 Exclusive use graphics

From time to time, we may make available graphic items for exclusive use, such as exclusive use of images in Web Chancellor website headers. Our promise extends to the identical image in its unaltered form. We reserve the right to make changes to any graphic as we may see fit, including changes to size, orientation, colors, so as to alter the graphic which would enable us to use it on an exclusive use basis.

14.0 Flash headers

Flash headers when requested will be created at our discretion to as close as possible a look and feel as we deem is suitable for the images, words, and theme chosen. The current charge for a flash header is USD 90.55*. Because time is an issue when creating any flash production, after the header has been created, we enable you to review it and make one set of changes without charge as long as those changes are requested within 7 days of production and do not take more than 15 minutes to make the change. Following the one change or the 7 days (whichever comes first), or if the change takes longer than 15 minutes to perform, an update fee will apply when a change is requested, which currently is USD 40.22* per update. After the update has been performed, you are once again allowed to review it and make one set of changes without charge as long as those changes are requested within 7 days of the update and do not take more than 15 minutes to make the change. Any subsequent changes will again incur the update fee of USD 40.22*.

15.0 Advertising

By accepting these terms of service, you agree to allow us advertise our services in the following manner:

15.1 Powered by Link

You agree to allow us to place an unobtrusive message at the bottom of web pages indicating that your website is powered by Web Chancellor. You also allow us to enforce the use of this link via automated software on your account. The link will normally say, "Powered by Web Chancellor".

15.2 Promotion of websites

We reserve the right to promote your website to others unless a prior arrangement has been signed. This may include referring to your website or organization in advertising, brochures, etc. for the duration of the time that you are using our services. In such cases, however, the amount of space that would be devoted to mentioning your website and/or organization and/or business would be limited to 25% of the overall space or advertisement. The maximum extent which we would mention you is limited to your organization name, URL, as well as features that you are using that are part of the Web Chancellor content management system. No personally identifiable information other than that which appears on your website will be used in any such promotions or advertising.

15.3 Guestbook accounts

We reserve the right to include one or more additional links on free guestbook accounts which are forms of advertising. Since we are a family-friendly organization, in accordance with our mission statement (above), any links we do include will be of that genre. You may also, from time-to-time, receive on-line offers sent to you via email, if you sign up to use our free guestbook. We will not, however, inundate you with email.

16.0 Referrals

Web Chancellor encourages the sending of comments to us, whether by way of positive feedback or constructive criticism. In keeping with the spirit of our service, to provide excellent quality service at an affordable price, we reserve the right to use positive comments received in order to help promote our services. We also reserve the right to use client websites to promote our services. For example, we might point interested parties to our own client's websites to demonstrate to others what type of website they might expect should they wish to sign up with us. We might also include client websites in "case histories" or "case studies" which would be used for promotional purposes (this is to the advantage of the client, as it should also result in more traffic being delivered their way).

17.0 Website transfers

The Web Chancellor Content Management System is leased to you for a nominal fee. This lease fee includes free upgrades to the system, so that you are always getting the latest in technology. Your website or service will remain online and available for as long as you pay the lease fees. Should at any time you desire to transfer your website away from the Web Chancellor Content Management System, note that you will have to manually transfer each page by first viewing the page and then by saving that page to your computer desktop. Afterwards, you can upload it to a web server of your choice. Note that when you do this, you will lose all of the dynamic functionality of the system and will no longer be able to add or edit pages, or change the look and feel, or receive daily reports of pages visited - or whatever features are enabled on your account - as before. Other limitations also apply which you may want to speak to us first about before deciding to transfer your website away from the Web Chancellor Content Management System. You are free to transfer your website away from the Web Chancellor Content Management System at any time pursuant to these restrictions.

18.0 Content

Account holders are responsible to ensure that the content that they place on their website is legal and does not infringe upon any copyright claims. This includes all content, whether printed, images, or any other type of media. Images or other media provided to Web Chancellor by the client will be assumed by Web Chancellor to be suitable for posting and free of any external copyright claims. Except for images specifically provided by Web Chancellor via our graphics library, it is solely the client's responsibility to ensure that content provided is free of external copyright claims. The client agrees to be liable for any such infringement.

19.0 Billing

All amounts are billed in Canadian dollars unless otherwise noted. For the convenience of our customers, we may, at the time of purchase or renewal, display the amount in equivalent units in their own currency. Please note that all bills are processed electronically, including invoices and receipts.

19.1 Bill Payment Security

Web Chancellor protects your confidentiality when making payments, in the following manner.

1. Your invoice number, which looks something like "20100310-59324-UN4HU-V1", is created using a specialized sequence of alpha-numeric characters that are virtually impossible to guess. Please do not give away your invoice number to others, but keep it confidential at all times. Your invoice number cannot be used to gain access to your administrative account. However, when paying bills on-line, it can be used to temporarily gain access to your invoice which may contain the following information:

a. Your name
b. Your organization name and URL
c. Your email address
d. Your billing adress
e. Your invoice details including amounts payable.

Therefore, do not give away your invoice number to others. As an added security precaution, on-line access to all bills is locked once the bill is paid in full, meaning that once paid, the invoice number cannot be used to access the invoice unless it is done via your administrative account (click on the "Admin -> Service Information" pull-down menu at the top left hand side of your administrative account).

2. All on-line payments are processed through Paypal, which is a trusted merchant service used by millions and uses encrypted internet connections.

3. Web Chancellor will never know your credit card details since we do not have access to it. Only Paypal will have access to this information. If you qualify for and request a refund, we also do not have any access to your credit card information. This is handled in an automated way through Paypal who never provides us with access to your personal information. With so much "computer hacking" going on these days, we have decided to go this route partially as a safety precaution to you, to safeguard your personal information, and to give you peace of mind. Web Chancellor cannot lose or expose your credit card information to the public, since we do not have it. Simple!

4. Web Chancellor is registered with Norton Safe Web and poses no threat to your computer. The report is available at http://safeweb.norton.com/report/show?url=webchancellor.com.

19.2 Bill due dates

The bill due date is clearly marked on your invoice. For technical reasons, it is important to pay your bill on time in order to avoid the unfortunate situation where your service is disrupted. Payments made by check or money order will be credited to your account on the day it is received.

19.3 Renewal & reminder notices

Renewal notices will be sent to you in advance of the renewal date on your account. You will have plenty of opportunity to pay well in advance of the renewal date. In the case of renewal or billing reminder notices, it is up to you to make sure that your email address(es) on file are up-to-date so that you will receive your notices. For your security, you may register multiple email addresses for billing purposes on the "Administrators" section of your administrative account.

19.4 Quotes and Minimum Downpayments

In the event you have received a personalized quote, we may require a minimum downpayment before work can begin. The minimum downpayment will normally be around 50% of the total cost.

19.5 14-day Grace Period

Your account is overdue if you fail to pay by the due date specified on the bill. If your account becomes overdue, a 14-day grace period will then be provided during which time your website and mail service will continue to function normally and without any disruption. Accounts in which a bill remains unpaid beyond the 14-day grace period will be suspended until the bill is paid in full. Account suspension means that your website and mail service will cease to function until payment has been received in full.

19.6 Grace upon Grace

Should your account be suspended due to not paying within the 14-day grace period specified above, we will provide you with a second 14-day grace period during which time you can still reactivate your account (your account and mail service will remain off-line during the second 14-day grace period, until you reactivate your account). You will be required to pay for any amounts owing from the date that your account first became overdue. Should you fail to reactivate your account after the second 14-day grace period, your account will be terminated. It is solely the responsibility of the client to ensure that payments are received by us prior to the end of the second 14-day grace period to ensure that your website and technical information remains intact. Should you fail to reactivate your account by the end of the second 14-day grace period, this will be construed by us and agreed by you, the client, that you no longer wish to keep your files on our servers, and that you are thereby requesting and giving us the explicit permission to delete all of your files, including data, web information, emails, and any other related information. Under no circumstances will we be held liable for data loss under these conditions. For this reason, we also strongly recommend that you backup your data on your personal hard drives and that you do not solely rely upon Web Chancellor or its affiliates to retain your web information or technical information for you.

19.7 Extension of Initial Grace Period

Under some circumstances, it may be possible to request an extension of the initial 14-day grace period should your circumstnaces merit it. Note that a request for an extension does not in any way guarantee one, and extensions will only be granted under exceptional circumstances.

19.8 Billing errors and omissions

Errors or omissions in bills should be reported within 30 days. Please review your bill carefully when you receive it as we will deem the bill correctly billed if you do not contest it within this period of time.

19.9 Price increases

Our prices are very low and it is our aim, at all times, to keep our prices affordable. From time to time, it may occur that, as with any business, our prices increase. For clients paying in 12 month or greater terms, if prices increase less than 60 days before their account renewal, clients are permitted to retain their old pricing scheme if they so choose, for up to an additional 12 months. The request for this must come from the client and not Web Chancellor. Anti-dated requests are not permitted, meaning that once payment has been made under the new pricing plan, you are not permitted to revert back to a previous pricing plan, even if you are within the 60-day window.

19.10 Businesses or organizations sold or transferred

The services provided by Web Chancellor will be deemed to follow an organization or business in the event that the business or organization is sold. Any outstanding bills will become the burden of the new owners and must be paid in full in order to keep the account in good standing.

19.11 Non-Sufficient Funds (NSF) checks

NSF checks will be subject to a finance charge of USD 37.75* per occurrence. NSF checks are very problematic and should be avoided at all costs. For example, an NSF check may cause your account to enter into one of the grace periods indicated above including the possibility of causing your account to become suspended according to our payment terms outlined above.

19.12 Rounding differences

Extremely small rounding differences may occur on transactions. In some cases, when discounts are applied to individual items, a difference may occur due to floating point arithmetic. Normally, differences are less than 1/10th of 1% of the final price.

19.13 Continuation of Service

One day, we intend to go on a long journey beyond our control. At that time, we will not be able to continue providing you with the same service that we are providing today as our staff and manpower will likely be non-existent. All bills will deemed to have been "settled in full" at that time. At that time, we agree to fully cancel your debt to us; as well, you agree to fully cancel any debt we may owe you, including service or refunds on any unused portion of service rendered. For more information, please visit www.vision2012.ca.

20.0 Free Guestbook Accounts

As a service to the community, Web Chancellor offers a free guestbook which you can create by visiting our Guestbook Services website at www.guestbook.webchancellor.com. This guestbook is hosted on the same reliable servers that we use to host all of our other websites. However, since the service is free, we do not offer any guarantees or assume any type of personal responsibility or liability for this service. As such, users of our free guestbook service agree to use the service completely at their own risk. Web Chancellor explicitly disclaims any responsibility in this regard.

21.0 Reconstruction fees

Any account not renewed for 28 consecutive days is considered a dead account and will be dismantled at our discretion. We cannot guarantee that the account can be recreated after that, except by signing up from scratch. If by chance we do have records of your previous account after the 28-day period, and if we are able to reconstruct it using those records, a fee of USD 151.01* will apply to reconstruct the account. This fee, as with these terms of service, is subject to change.

22.0 Statement of liability

22.1 General statement of liability

Agreement of these terms implies that you agree that our liability is limited to the usage of our service and does not extend beyond that. For example, should our server or servers fail, whether mail, database, or web servers, you will agree not to hold us more liable than the service that we are providing to you. Should you lose business on account of such circumstances, we would not be held more liable than the actual services which we are providing to you, inasmuch as the same would apply to the phone company. If your phone service was temporarily disrupted, you would not charge the phone company for any lost revenue. In the same manner, you agree not to hold us more liable than the actual service that we are providing to you. We will not be held liable for lost revenues, reputation, time, issues related to your character or integrity or any other issues that are not directly our responsibility. As such, we specifically limit our responsibility to the service that we are providing. We will do our very best to provide you with excellent service and we do expect you to keep us aware of any areas that you feel need our attention. A failure to mention any area that you feel needs our attention within 30 days will be construed by us to mean that you are satisfied with our services. Please do let us know if there is anything we can help you with, as it is our express aim to provide top quality services to our clients and to keep them entirely satisfied for years to come.

22.2 Maximum liability in dispute resolution

In case of dispute or disagreement, and the client wishes to cancel their account, or the client is not satisfied with their service, for any reason, Web Chancellor may offer a refund on any periodic amounts not as yet used. Note that refunds will only be offered on periodic amounts and not on one-time charges. Any design work performed or setup fees charged are non-refundable. In the event that a discount on the setup was provided due to multiple months enrollment, should the client terminate their contract prior to the end of the signup period, the setup fee that was discounted due to the multiple month enrollment will be retroactively applied and not included in the refunded amount.

22.3 Electronic data, files & images

When any work is done for a client, electronic data, files and images may be required. It is the responsibility of the client to ensure that he or she retains a copy of this information on their own computer in the event that they should require this information at any time, whether for Web Chancellor or for any other purpose. Web Chancellor will not be held liable for loss of content, including any loss that may occur whether stored on the website or on any Web Chancellor work computer. This is strictly the client's responsibility and the client must be made aware that providing electronic data, files and images to Web Chancellor does not constitute an agreement that this information will be available to them by Web Chancellor at some future point in time. The client must retain a backup of their data at all times.

22.4 Dry goods (including disks, printed files, and printed images)

Any dry goods (including but not limited to disks, printed files, and printed images) that have been provided to Web Chancellor for purposes of helping to create the website or performing any work on the website must be reclaimed by the client within 30 days following completion of the work which will be agreed to be 30 days following the due date of the bill for the work performed. Any item not reclaimed within this period of time will be agreed by the client to not incur any liability on the part of Web Chancellor but will solely be the responsibility of the client.

23.0 Discounts and rebates

23.1 Rebate coupons

From time to time, Web Chancellor may make available special rebate coupons which take the form of an alpha-numeric code which you would input into the specified area prior to checkout. Where a discount has already been applied to any particular item, rebate coupons are applied onto the already discounted prices. Rebate coupons do not have any cash value in and of themselves and must be applied to the individual purchase in order to be accepted. Rebate coupons are only valid and must be input at the time of purchase. Rebate coupons are subject to certain conditions in order to be accepted and those conditions may vary depending on the individual coupon being used. You will be informed at the time of submitting your rebate coupon whether the coupon meets the required criteria or not. Rebate coupons may be subject to certain other restrictions or requirements. Note that only one rebate coupon may be applied to any particular transaction and that rebate coupons cannot be combined. Web Chancellor reserves the right to examine applied rebate coupons for suitability after the fact, and any coupon that has not been used in accordance with its stated purposes or which has been deemed, afterwards, to not have been valid at the time that it was used will result in the cancellation of that rebate and a net debit on the transaction.

23.2 Message link

Depending on the package selected, an additional discount may offered when you agree to add the message link to your website. The message link is a small (for example, 140 x 100 pixel) image that gives visitors to your website the ability to view or listen to faith-building messages. The link is added by adding a specialized formatting tag to your template. The formatting tag must be added to a prominent spot on your template (above the footer) so it can be easily seen by your viewing audience. The linkable image may change in appearance at selected time intervals, and the material that is linked to the image is always carefully monitored but is also subject to change as new material is constantly being added or revamped.

23.3 Cumulative discounts

Discounts offered on our website may be cumulative. For example, if we offer a 5% discount, and then another 5% discount, the second 5% discount will normally be applied on top of the remainder, after the first discount has been applied.

24.0 Account closures (by client)

You must notify us when deciding to close your account. You must notify us at least 72 hours (3 full days) in advance of your account coming up for renewal. This will prevent you from being billed for the next billing cycle. You will be held responsible to pay any outstanding bills if you fail to notify us of your decision to close your account.

24.1 Domain name transfers

If we are managing your domain name, at the time you close your account we will cease to manage your domain name. Therefore, you should transfer your domain name away from us prior to closing your account! Note that domain name transfers may take 7 days or longer to complete. It is your responsibility to ensure that the domain name transfer is initiated well ahead of time so that your account will not go off-line. Contact us if you require assistance as this is a very important area. Note that we will not initiate a domain name transfer on the client's behalf until the account is paid in full. The client acknowledges and agrees to these terms and by entering into agreement with them, understands the implications of these terms as well.

24.2 Removal of material

Prior to notifying us of your decision to close your account, you must have removed all of the material that you deem important from your website and/or servers including email, images, files, web pages, and any other file or item, whether database, web, or email servers. Any material not removed will be considered lost at the instant you notify us.

24.3 Backups

Please note that we make regular backups of all client accounts. A backup may exists even after the account is closed, but would quickly disappear from the backup pool once the account has been closed. The rate of disappearance would depend upon the type of backup made. There may be cases where we could restore a former client's account using a backup, but it should not be relied upon, and the date of the backup could be significantly older than the most recent update to the clients account. If a backup were available, and it was requested of us by a former client to use the backup to restore their former website, and the backup was compatible with the latest system upgrades, we might be able to use the backup to restore the client's website. This is not guaranteed, however. In that were the case, a surcharge would apply to perform the restoration.

25.0 Refusal of service (account signup)

We reserve the right to refuse service to any client for any reason or for no reason. Service that has been refused at the time of account signup will receive a full refund on the amount paid at signup. Pursuant to this, we may also refuse service on existing accounts in accordance with the next section.

26.0 Termination of accounts (by Web Chancellor)

26.1 Inappropriate material

We reserve the right to suspend and/or terminate accounts if the website content is deemed to be inappropriate. Any material not suitable for a family audience is considered inappropriate. Depending on the severity of the offense, your account may be closed out immediately to the outside world but we will still allow you to logon to your administrative account to make the necessary changes.

26.2 Other reasons

Other reasons may exist by which we feel it is important to terminate an account, including but not limited to the account material not being in accordance with our mission statement as stated above. We reserve the right to terminate such accounts with the limitation of our liability being the unpaid portion of the account remaining.

27.0 Anti-abuse policy

Web Chancellor takes a strong stance against abuse. If our services are used to send out or solicit the spread of spam in any way, it may and likely will lead to the termination of your account.

27.1 Defining spam

For the sake of our anti-abuse policy, it is very important for us to define the word "spam" or "spam email". In short, you must comply with the CAN-SPAM Act available at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm. This act clearly defines spam and what is and is not tolerated. As the administrator of a website, it is very important that you become familiar with it. Even if you do not reside in the USA or North America, the CAN-SPAM Act will be used by us in order to gauge whether or not an email is considered spam. In addition to observing the CAN-SPAM Act, we also define "spam" to be any of the following:

1. Email that contains useless information that is traditionally associated with spam.
2. Email that does not contain a valid sender name or sender email address.
3. Email that is sent to a general audience, unsolicited. When we say "general" we are talking about not having a target audience. You must have a target audience, and use an appropriate means to validate that target audience. You cannot simply send out messages to a random list. This is definitely considered spam. If you were in the laundry business, and wished to send a general announcement out to others who are also in the same business, you could use a list of persons in that business, as long as it complied with the CAN-SPAM Act at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm. If the message you send is unsolicited, your message cannot be random, but must be formulated to specifically address that target audience.
4. Email that does not give a way for the recipient to opt out and stay out for a minimum 30-day time span.
5. Email that does not contain a valid postal address at the bottom.
6. Email that does not comply with the CAN-SPAM Act (see http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm).
7. Email that contains any type of falsehood or deception or that uses trickery.
8. Email that is dishonest or profane or that is not suitable for a family audience.

Any and all of these will be considered spam by us and will not be tolerated. If you wish to advertise and do mass mail-outs, you must do so to a targeted audience, and you must comply with the CAN-SPAM Act available at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm in order to prevent your message from being tagged as spam. A spam complaint sent in by a third party, if validated, can easily mean the termination of your services. There are numerous agencies that report spam, and if you do send out spam, it will not be long before you will be reported - this is absolutely certain. We have a strict policy in place in order to ensure that others are not also inadvertently affected by the sending out of spam email by one person. Therefore, do not send spam, as this is monitored closely.

28.0 Anti-spoofing policy

Depending on the country where you are signing up from, we may offer you an additional discount depending on your country's per capita gross domestic product (GDP). In part, we may use your IP address to determine which country you are operating from. This means that technically, someone could sign someone else up in another country, to receive a discount that was not intended. This is considered spoofing. We reserve the right to immediately terminate accounts in the event of non-compliance in this area. Note that spoofing is very easy to detect after only a short while in operation.

Note that the determination of which country you can legitimately use when signing up is determined by your primary country of operation, otherwise known as your headquarters.

29.0 Software Customization

The purpose of the Web Chancellor system is to serve the larger community through a robust software solution that will meet the needs of the growing internet community. Our software may be modified by us either because you have requested it, or because we have decided to modify it to fit the growing needs. When you request a software change, there are different categories that this can fall into.

29.1 Error Reports / Bug Fixes

We are mindful that bug fixes may be required from time to time. You are free to submit an error report if you find a bug and we will put it on our "to do" list. Web Chancellor makes no guarantees, expressed or implied, that we will be able to attend to bug fixes quickly, but will prioritize each request as we deem fit.

29.2 Software Feature Requests

You may have a specific feature that you would like to see added to the Web Chancellor system. A feature request may be something as simple as adding a button or switch to enable minor additional functionality, or something as large as an entirely new feature involving brand new internet technology.

29.2.1 Free Software Feature Requests

You may submit a free software feature request to us, and we will consider it. We have already entertained a great quantity of free feature requests, at no additional charge to the end user. Whether or not we are able to fulfill a free feature request will depend on how we believe it will serve the larger community. Web Chancellor makes no guarantees, expressed or implied, that we will be able to complete a free feature request, or to attend to it quickly should we decide to attend to it at all, but will categorize each feature request according to the impact that we believe it would have in serving the overall community, which is our priority. Your feature request may or may not be added in the end, but we still encourage you to submit it to us for consideration. For example, a feature request that was submitted by more than one client would be considered more likely to be included in a future release of our software.

29.2.2 Paid Software Feature Requests

Most users of the Web Chancellor system do so without requiring any type of software modifications. After all, our system is already very robust, and most users are happy to receive software changes at the normal rate of delivery determined by us, as we release new software based on our own decision to make those modifications, including free software feature requests as outlined above. Nevertheless, from time to time, some customers may desire that specialized features be added to the point that they are willing to pay for it. Our first priority in making any software changes will always be to ensure that the larger population is well served. Since our aim is to serve the larger community, we have determined, through trial and error, that we cannot do that effectively if we provide paid software customization on a per client basis at rates which do not give us the flexibility to hire additional staff which would be needed to make those changes and still enable us to provide the same level of service to our ever growing client base. For this reason, we do not provide any usage or GDP discounts for paid software feature requests, but have set a fixed rate of USD 181.21* per hour on all paid software customizations. All paid software feature requests require a minimum 50% downpayment before work can be started, based on the quote we will provide to you in advance. In non-discounted situations, we provide a time guarantee of two weeks plus the duration of the quote to perform software modifications. Further details will be included in your quote. Web Chancellor reserves the right to refuse any request for software modifications.

29.3 Intellectual Rights on Software Feature Requests

All commissioned work becomes the property of Web Chancellor and will be incorporated into the Web Chancellor content management system for others to enjoy the benefit of, whether you have paid for it or not. This may surprise you but it is part of our operating paradigm and you may benefit from it in the end. Here's how it works. The Web Chancellor system is continually growing, based on needs and latest technology. When someone commissions us to design a special feature, that special feature will be added to the system for all current subscribers to enjoy. If you are leasing the system, and have not purchased it, you cannot even take home the work to install on your own computer. It merely gets added to the software for all current users to enjoy. Everyone benefits. You may think that is unfair for you to pay for that feature and for others to enjoy the benefit of it, until someone comes along after you and requests yet another feature and you see that feature added to your own website at no additional cost to you! Note that if you are the benefactor of someone else's request for a new feature, some conditions may apply to your being able to receive those features. Speak to us for details.

30.0 Time Guarantees

Websites of 20 pages or less are guaranteed delivered within 2 weeks as long as no additional design work is required by us. If no additional design work is required, starting in the third week, we will provide a discount of 10% per week for up to three consecutive weeks. This discount cannot be combined with coupon discounts. For the purposes of this guarantee, your "start" date will be determined by the day that you first initiate payment with us. We will require some payment prior to work commencing. In cases where no payment is made prior to starting the work, no time guarantee is provided. Note that getting the website up and running in its most fundamental functionality is covered, not beauty and style. There may be some issues that you may want to iron out within the first month regarding beauty and style. This is not covered under this warranty. Specifically, if your website is operational and the modules are operational such that you are able to edit it, we will be considered to have fulfilled the agreement for the purposes of this guarantee.

31.0 Agents and Parent Authority

The parent organization governing these terms of service is Web Chancellor, located in Canada. Web Chancellor may authorize other entities (that is, companies, or individuals) to act as its representative to resell web services on its behalf. If, at any time, a reseller ceases to exist or decides to no longer pursue reselling, the client agrees to allow Web Chancellor to reassign the reseller based on demographic or any other factor that is deemed suitable by Web Chancellor. Such a reassignment will not constitute a change in the contractual obligations of the client, but will constitute merely a transfer of ownership of the client's services to the new reseller. In such cases, the services may also be directly transferred to Web Chancellor. Individuals or organizations interested in acting as resellers should contact Web Chancellor for more information.

32.0 Changes to our TOS

These terms are subject to change without notice. Clients who take advantage of our services agree to keep themselves informed of any changes by visiting our website not less than once every 30 days. Existing clients agree to be bound by any updates to our terms of service within 30 days of their being updated. For the latest copy of our terms of service, please visit http://www.webchancellor.com/terms. For our archives, please visit http://www.webchancellor.com/archives.