Join: Terms of Service
Welcome to CWahi: By obtaining a CWahi account, you are electronically agreeing to follow these Terms of Service. Please read them carefully prior to signing up for your account.
While we here at CWahi/Crosswinds have always prided ourselves on being fair minded, there are several legal stand points that we maintain are non-negotiable. Please familiarize yourself with them, and don't hesitate to ask if you have any questions. Our member forums are a great place to find answers to your questions, and to "chat" with us about anything you have concerns about. Note: you must be a logged-in member to read and post to most boards in the forum.
Members are welcome to have more than one account. We do not limit the number of accounts, or account type.
Conduct Guidelines
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, games(ROM/Emulators, etc.), programs, 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: limited to 30 seconds except for top-tier hosting. Files over this limit will be deleted without notice. For top tier(s) (paid account types), you may upload media files that you own the rights to only (ie: you do not own the rights to backed up copies of purchased CDs or other media, or media you have copied or recorded from radio, tv, or any other media). Refer to our terms on copyrights, above.
Midi files are unrestricted.
Illegal Content Defined:
Piracy, hacking, cracking, phishing, phreaking, terrorism, warez, pyrotechnics, exploitive software. This includes text or other media that educates or encourages this activity.
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.
Any type of credit card or personal information gathering by deliberately misleading/misrepresented means (phishing) is strictly prohibited.
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, or invasion of privacy. 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.
Pornography
Please note that CWahi and it's Officers take a very firm stance against child pornography, exploitation, and abuse, and will actively work with authorities to track down and prosecute offenders. This includes providing the task force with copies of uploaded material, logs, contact, IP information, etc. DO NOT attempt to use CWahi services for this purpose.
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, provincial/state or national laws.
Penalties
For any instance of the clearly defined illegal content above, CWahi 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.
Account Reinstatement Fee
Should reinstatement of an account terminated for any TOS infraction be agreed upon, a $25US fee will be applied and must be paid prior to account reinstatement.
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 CWahi 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 owner.
Storage and backup
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, and your web account, if used, must contain a functional
website, not just a page or series of pages of links to file downloads.
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, or your legal guardian(s).
Chat and Game servers.
Your account may not be used to host chat, game, irc or daemonized servers.
Cancellation
If your account has been cancelled by CWahi due to abuse of our services and/or a violation of our terms of service, no refunds will be made.
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.
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 CWahi to make these arrangements. Include the name and email address used to sign up for the account, and the 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 CWahi resources obtained illegally.
CHARGEBACKS:
CWahi 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 CWahi 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.
Limitations of Liability and Warranty
CWahi makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the CWahi service. In no event will CWahi 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 CWahi'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 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.
CWahi 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 CWahi servers, you signify your agreement to these Guidelines. If you do not agree to these Guidelines, please do not obtain a CWahi account.
We reserve the right to terminate any account without warning or notice and to examine the contents of any account at any time.
CWahi reserves the right to send newsletters and information on occasional offers and promotions from it's affiliates and partners via email at any time.
Governance
This Terms of Services and applicable law will be governed and interpreted by the Laws of the Province of Ontario, Canada.
