Terms & Conditions

1. GENERAL

These Terms and Conditions (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by Creative Cycle Inc. (“Creative Cycle”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Creative Cycle and the individual or entity who subscribes to our service (“Member”, “Members” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Creative Cycle may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Creative Cycle believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Creative Cycle may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: https://www.creativecycleinc.com/terms-and-conditions.html. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

2. SERVICES

Creative Cycle offers Members domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Creative Cycle.

Services are provided on the basis of facility and equipment availability. Creative Cycle reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.

Access to the web and email servers is terminated upon expiry of the Service.

3. WEB HOSTING

Creative Cycle is currently offering the following hosting plans (“Current Plans”):

Standard – Great for Start ups
Professional – Great for Small Businesses
Enterprise – For High traffic Sites

Hosting plans that are not listed above (“Legacy Plans”) will no longer be offered for new applications or for plan change requests.

All Creative Cycle web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Member has recently setup their account with Creative Cycle. The “Coming Soon” default index web page may be removed by the Member at any time once they have access to the web server. The “Coming Soon” web page may include such things as, but without limitation to, the following:

Links to additional products and services offered by Creative Cycle.
Advertisements for products and services offered by Creative Cycle.
An internet search engine interface.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Creative Cycle error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:

Links to additional products and services offered by Creative Cycle.
Advertisements for products and services offered by Creative Cycle.
An internet search engine interface.

Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through Member Account. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.

All Creative Cycle web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in Member Account. Creative Cycle is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.

4. EMAIL

Creative Cycle’s email service provides customers with the capability to send and receive email via the Internet. Creative Cycle retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.

As an owner and operator of the equipment and other resources utilized to provide services, Creative Cycle has the legal right to block electronic communications from other entities on the Internet.

Creative Cycle relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Members. You acknowledge that as part of your Creative Cycle Service, advertisement sponsored email newsletters may be sent to Members and Creative Cycle email service email accounts.

Outgoing email messages being sent from Creative Cycle servers may carry an email footer “Trailer Message” which may identify Creative Cycle as your service provider, as well as promote services offered by Creative Cycle or by third parties.

5. USAGE POLICIES AND DEFINITIONS

“Unlimited” Usage Policies and DefinitionsWhat “Unlimited” means
Creative Cycle does not set an arbitrary limit on the amount of resources an account can use. Subject to this Agreement, Creative Cycle will make every commercially reasonable effort to provide Members with the necessary storage, bandwidth, and other server resources to power their websites, provided that the Member’s use of the service complies with the terms specified in this Agreement.

What “Unlimited” DOES NOT mean
Creative Cycle’s offering of “unlimited” services does not allow the actions of individual Members to negatively or adversely affect the service experience of other Members. Creative Cycle’s shared hosting service is designed to meet the typical needs of an average small business or home business website. Our services are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub. Members found to be adversely affecting the performance of other Member accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Creative Cycle administrators and anti-abuse controls. These Members will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.

The reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a VPS or a Dedicated Server.
Inode UsageAn inode is a data structure used to represent a file system object on your hosting account. The number of inodes indicates the total number of files, emails, folders, and anything else you store on the server. Creative Cycle’s web hosting plans, including unlimited plans, are subject to the following inode limits:

Plan: Inode Limit:

Standard Hosting 6000

Professional Hosting 8000

Enterprise Hosting 30,000

If you exceed the inode limit set for your hosting plan, you will be in violation of this Agreement and we may suspend your account. You may lower your inode count by deleting any files or emails that you no longer need.

6. DOMAIN NAME REGISTRATION

Creative Cycle offers domain name registration and renewal services in partnership with ICANN accredited registrars In2net Network Inc, Tucows, and eNom. Creative Cycle processes registration and renewal services through these respective registrars at its discretion.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.

Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via Member Account. If your hosting plan includes a free domain name, Creative Cycle may automatically renew your domain name for you upon expiry as part of your hosting plan’s benefits, regardless of your Automatic Domain Renewal settings.

You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. Creative Cycle is authorized to deny any such transfer requests.

You acknowledge and agree that Creative Cycle may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name.

Domain transfer services are included only for active domain names that are either registered or renewed through Creative Cycle at the regular rate. Members may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.

General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu, .me, .club, .link, .work, .xyz)	US$15.00
Special Domain Transfer Fee (.uk, .tv, .ca, .co)	US$35.00

In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. The Domain Registration Agreements can be found at: http://www.Creative Cycle.com/terms/domain-registration-agreement.cfm

7. SERVICE FEES / PAYMENTS / INVOICES

All Creative Cycle fees and charges are quoted and billed in US Dollars unless otherwise noted.

Members must pay services fees in US Dollars. The exchange rate used (“Exchange Rate”) is subject to change from time to time and can always be found on the Creative Cycle website at: http://www.Creative Cycle.com/terms/exchange-rate.cfm

Creative Cycle uses an automated payment processing system and only accepts PayPal payments at this time. All Members are required to maintain valid credit card information on file for the processing of any applicable service fees.

Creative Cycle may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Invoices for all Creative Cycle services can be found by logging into Member Account.

Billing inquiries and disputes should be brought to Creative Cycle’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Creative Cycle reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by Creative Cycle are not transferable and are of no cash value.

Creative Cycle reserves the right to modify service fees and rates, effective upon posting on the Creative Cycle website or on this Agreement. Current service charges include the following (non-exclusive list):

Account Reactivation Fee	US$15.00
Chargeback Service Charge	US$25.00
Reactivation Fee (TOS Violation)	US$25.00
Refund Processing Fee	US$15.00

10. TERMINATION / PLAN CHANGE / REFUND POLICY

Creative Cycle may terminate your Service under the following circumstances (non-exclusive list):

Non-payment of fees
You are in breach of any term or condition of this Agreement
Your use of the Service disrupts Creative Cycle business operations or affects any other party

All Member data is removed from Creative Cycle servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Support page of our website: http://www.Creative Cycle.com/support/

When submitting your cancellation request, you must provide the correct Member ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:

If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal. You will be subject to a US$15.00 Refund Processing Fee for this refund.
If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees. You will be subject to a US$15.00 Refund Processing Fee for this refund.

If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse Creative Cycle for the domain name registration when you do any of the following before your hosting plan subscription expires:

You cancel your hosting plan subscription.
You change to a hosting plan or term that does not offer a free domain name.
You transfer the domain name to another domain registrar.

The amount of this fee will vary depending on the domain type and on the registration term.

Only one refund may be issued for each invoice. Creative Cycle reserves the right to grant or deny any refund requests.

Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.

11. MEMBER RESPONSIBILITY

When you apply to use Creative Cycle services, you will be asked to select a Member ID and Password. The Member ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and Password you select from any unauthorized use. IN NO EVENT WILL Creative Cycle BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.

Members are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in Member Account.

12. PROHIBITED CONDUCT

Creative Cycle does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through the Creative Cycle network or promoting information on websites hosted by Creative Cycle will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content and behavior prohibited by the Service:

Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Creative Cycle account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Creative Cycle service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

13. NOTICES

You agree that, unless other instructions are posted on Creative Cycle’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Creative Cycle posted on the Creative Cycle website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

14. PRIVACY

The Creative Cycle Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information. The Creative Cycle Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL:http://www.Creative Cycle.com/terms/privacy-policy.cfm

Email newsletters will only be sent directly by Creative Cycle. Member information will not be disclosed or sold to any third parties. You may also be contacted by Creative Cycle’s designated customer review software provider for customer experience and service feedback.

15. RESERVATION OF RIGHTS

Creative Cycle reserves the right and sole discretion to:

Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Creative Cycle or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that Creative Cycle determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

16. LIMITATION OF LIABILITY

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Creative Cycle makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Creative Cycle is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Creative Cycle.

In no event will Creative Cycle be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

Creative Cycle, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall Creative Cycle be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

17. INDEMNIFICATION

You agree to indemnify and hold Creative Cycle, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Creative Cycle with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

18. FORCE MAJEURE

Creative Cycle will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

19. UNENFORCEABLE PROVISIONS

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

20. GOVERNING LAW

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws ofBarbados.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

21. AGE OF MAJORITY

Creative Cycle does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

22. WAIVER

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

23. ENTIRE AGREEMENT

This Agreement, as may be updated from time to time and posted at https://www.creativecycleinc.com/terms-and-conditions.html, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

Plan:	Inode Limit:
Standard Hosting	6000
Professional Hosting	8000
Enterprise Hosting	30,000