RoundBerry provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best possible service to everyone. The following guidelines were designed to ensure these obligations are met.

These terms and conditions also apply to resellers and their customers. We strongly advise that resellers adopt a similar Acceptable Use Policy (AUP) and make it available on their website.

Content
All services provided by RoundBerry may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or Municipal, or any International laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The customer agrees to indemnify and hold harmless RoundBerry from any claims resulting from the use of the service which damages the customer or any other party in any way.
Pornography and sex-related merchandising is prohibited on all RoundBerry servers. This includes equally sites that links to such content.

If you are unsure whether or not your site meets these guidelines, feel free to contact us with a description before signing up for an account or publishing material as an existing customer.

RoundBerry will be the sole arbiter in determining violations of these guidelines. 

Also prohibited are sites that promote any illegal activity, or present content that may be damaging to RoundBerry servers, RoundBerry existing customers,  or any other server on the internet. Links to such material are also prohibited.

Examples of unacceptable content or links:
- Pirated software
- Pornography and sex-related merchandising
- Violations of Copyrights
- Hacker programs or archives
- Warez sites
- Hate propaganda

MP3 and other types of sites designed for downloading of material by a mass user group are also prohibited. This includes but is not limited to, Music, video, audio, Software or Freeware or Shareware, Free Images and backgrounds, and anything else that makes it an excessively high bandwidth site with the sole purpose to distribute freely products for download.

RoundBerry will be the sole arbiter as to what constitutes a violation of this provision.

Reasonable Limits
We have found most our customers to stay within "reasonable limits" However, to maintain the integrity of our service, we must state the following:
- You cannot run CGI's in your account FROM another account, either on our server or not. 
- Your cannot use more than 20% of our system's resources 

RoundBerry will be the sole arbiter as to what constitutes a violation of these provisions. 

Commercial Advertising - Email (SPAM)
Spamming, or the sending of unsolicited email, from a RoundBerry server or using an email address or domain that is maintained on a RoundBerry server as reference is STRICTLY prohibited. We also do not allow you to advertise any website hosted on our servers in an unsolicited email, regardless of the origin of that email (i.e. even if you do not send the spam through our servers, or using an email address from a domain name hosted by us.... if you advertise a website hosted by us in a spam email, your account will be terminated. As delegated by our backbone provider, any sites using spam or selling of spam related software or bulk email content will be terminated.

RoundBerry will be the sole arbiter as to what constitutes a violation of this provision.

Spamming WILL get your account terminated.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs
CRON JOBs: We may allow programs to run continually in the background, and will be considered on a case-by-case basis.
IRC: We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer of RoundBerry is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Violators of these Policies
Customers in violation of our Acceptable Use Policy are subject to immediate account deactivation without refund.

Limitation of Liability
Your use of RoundBerry's services is at your sole risk. All RoundBerry services are provided as-is, and without warranties of any kind, either expressed, implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

RoundBerry makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the RoundBerry service.

In no event will RoundBerry 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 RoundBerry's 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 or 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.

The formation, construction and interpretation of this agreement shall be controlled by the laws of Canada. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Canada, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

RoundBerry reserves the right to change or amend these policies at any time without prior notice. By submitting your order to RoundBerry, you signify your agreement to these policies.

If you do not agree to these Acceptable Use Policies, then please don't submit an order!