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.
Content
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.
Crosswinds is an all-inclusive company. LGBTQ+ and all POC are welcome and safe here, provided their activity is within our guidelines and terms of service.
Adult (aged 18+) content may be uploaded when proper safeguards are put in place. Contact us for guidance on this material prior to uploading it.
Illegal Content Defined:
Terrorism: Activity related to terrorism whether real life or fantasy, organization of, planned or carried-out acts of terrorism will not be tolerated. We will work with law enforcement to combat all forms of terrorism.
Piracy, phishing, hacking, warez, exploitive and other illegal content or any content that educates or encourages this activity are not allowed.
You may not publish any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children (see below), blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy, or any other malicious content. 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.
Child Abuse, Exploitation, and Endangerment will not be tolerated under any circumstances, and further, Crosswinds will work with law enforcement agencies to combat any abuse or exploitation of children. We will protect all children to the best of our ability.
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 per occurrence. By uploading illegal files after agreeing to these Terms of Service by signing up for and purchasing an account, 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 of your account is responsible for any SPAM being sent in your name. You may not reference your Crosswinds website 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 via an opt-in signup, with the ability to opt-out at any time. Further, Crosswinds has robust anti-spam measures in place to combat and thwart spam email being attempted through our servers.
Account Holder Responsibility
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.
CHARGEBACKS
Crosswinds does not take chargebacks lightly. Any client 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.
Service
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.
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.
As Crosswinds is legally responsible for its servers, we reserve the right to terminate any account without warning or notice and to examine the contents of any account located on our servers at any time.
Crosswinds reserves the right to send newsletters and information 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 Domain registration 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 of Service
For your security, cancellation requests must be made from within your client area.
Governance
This Terms of Services and applicable law will be governed and interpreted solely by current Canadian Law.
TOS Last updated: August 3, 2019