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Support: Above and Beyond

Join: Terms of Service

By obtaining a Crosswinds account, you are electronically agreeing to follow these Terms of Service.

Members are welcome to have more than one account. We do not limit the amount of accounts, or account type.

You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. This includes, but is not limited to, all sound and video files/formats, images, and text media. This also applies to linking directly to illegal files or other sites that offer any illegal material.

Sound and video files over 45 seconds that you own the rights to may be uploaded only if you are a Premium member. Free members are limited to 45 seconds regardless of ownership.

Midi files are unrestricted, you do not need approval for them (free members are welcome to upload these files in their entirety).

Illegal Content Defined:

Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity are not allowed.

Deliberately changing the extension of a file to hide its contents will not only not work, it will be considered an illegal file and will result in the immediate termination of your account.

You may not upload ROMs and Emulators. We agree with the game manufacturers and will continue to support their fight against them. This is non-negotiable.

You may not publish any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children (You may not upload any nude or suggestive photos of children, regardless of the connotation), blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy or excessive profanity (cursing). This includes material that defames, abuses, harasses or threatens any person or group. We reserve the right to be the final judge as to what is or is not acceptable.

Adult content is not allowed. Adult content is considered to be anything that contains nudity, pornography, or sexual material of a lewd, lecherous or obscene nature and intent, or that violates local, state or national laws.

Any type of credit card or personal information gathering by deliberately misleading/misrepresented means is strictly prohibited.

For any instance of the clearly defined illegal content above, Crosswinds reserves the right to charge the account holder (and/or their parent or legal guardian) $1,500us. By uploading illegal files after agreeing to these Terms of Service (checking the "Yes, I agree to the complete terms and conditions contained in the text box above" and clicking "submit" electronically certifies that you agree to these terms of service) you agree to be held liable for these charges.

Spam

Spam is never allowed for any purpose and we will suspend your account immediately and impose a fine of $500 US per email you attempt to send. We will work with you in the case that a software compromise hosted in your account is responsible for any SPAM being sent in your name. You may not reference your Crosswinds web site in any unsolicited email that you send. Note: This does not include personal mailing lists where the people on the list have chosen to receive mail from the list.

Your account may not be used as a storage or backup facility. All files in your directory must be linked from publicly accessible HTML pages. We prevent the theft of bandwidth and use as storage by limiting the linking ability from other servers to HTML files only.

Mirroring commercial sites is not allowed.

You may not link to or offer to distribute any material that is not acceptable or allowed by our Guidelines.

You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.

Crosswinds makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Crosswinds service. In no event will Crosswinds be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Crosswinds' services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

Paid members may obtain a refund of any unused services, less a $10US administration fee. Refunds may take up to 3 weeks to process. Members must contact the Premium Administrator at premiumcw@crosswinds.net to make arrangements. Include the name, email address used to sign up for the account, and the Premium membername and password for verification. Paid Members who are terminated for illegal content forfeit all monies paid for their membership and will be liable for further amounts due to abuse and theft of CW resources obtained illegally.

CHARGEBACKS: Crosswinds does not take chargebacks lightly. Any member who initiates a chargeback with their financial institution after agreeing to these legal terms of service, thus entering into a contract, and obtaining a Crosswinds account, will be subject to collections proceedings including the full amount plus the chargeback fee and any other damages incurred by their actions. Further, we will initiate legal proceedings against you for your violations of our terms of service contract, which may include the legal search and seizure of computer components in your home, business or institution as evidence in the legal proceedings.

Crosswinds reserves the right to change or amend these Guidelines at any time and without prior notice. It is your responsibility to be familiar with these Guidelines in the event that they change at any future time. By uploading any content to the Crosswinds servers, you signify your agreement to these Guidelines. If you do not agree to these Guidelines, please do not obtain a Crosswinds account.

We reserve the right to terminate any account without warning or notice and to examine the contents of any account at any time.

Crosswinds reserves the right to send newsletters and information on occasional offers and promotions from it's affiliates and partners via email at any time.

30-day Money Back Guarantee

If you are not completely satisfied with your account within 30 days of signing up for it, you will be given a full refund on your hosting fee, less setup fees (if any) or additional customer owned services purchased (ie: SSL certificate - which will be turned over to you) Refunds will be issued to the credit card provided at the time of signup.

If your account has been cancelled by Crosswinds due to abuse of our services and/or a violation of our terms of service, the money back guarantee will no longer apply.

Cancellation requests must be made by regular mail or by email using the original email address for the account holder, and including the password as verification. Alternatively, you may request cancellation from within your client area. Phone requests cannot be accepted for cancellations, since recorded requests must be kept for any possible future reference.

Governance

This Terms of Services and applicable law will be governed and interpreted by the Laws of the Province of Ontario, Canada.