Last UPDATED: 11/04/2018
CASCADIA WEB SERVICES, LLC. ("US", "WE", OR "OUR") OPERATES HTTPS://POWEREDBYCASCADIA.COM (THE "SITE"). THIS PAGE INFORMS YOU OF OUR POLICIES REGARDING THE USAGE OF OUR SERVICES AND PRODUCTS. "You", "customer", "client" and grammatical variants refers to the person or persons or party responsible for payment and/or managing the services purchased or received.
By purchasing, receiving or utilizing services provided by Us, you accept and agree to be bound by these terms and conditions. Failure to accept these terms and conditions will result in immediate termination of service without refund.
All services provided by US may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret, statute, and/or applicable laws and patents. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
EXAMPLES OF UNACCEPTABLE CONTENT OR LINKS:
- PIRATED SOFTWARE
- HACKER PROGRAMS OR ARCHIVES
- WAREZ SITES
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $250.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, CASCADIA WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
FTP and Data Storage Usage
We reserve the right to limit or revoke FTP access at any time, with or without reason. FTP access is only to be used to send and receive data directly relating to your game server(s). We reserve the right to remove data that does not meet this criteria. We will notify you if such events occur. If the same data or similar data is re-uploaded, we reserve the right to suspend or terminate your service.
Server Resource Usage
It is solely at the discretion of Cascadia to determine what amount of resource usage is not acceptable. Resource usage includes, but is not limited to; processor (CPU) usage, memory (RAM) usage, network (Bandwidth) usage, hard disk space usage. If your server is found to be using a non-acceptable level of resources, we will work with you to resolve the issue(s). Cascadia reserves the right to suspend or terminate your service if the problem cannot be resolved.
Cascadia reserves the right to have our physical servers down for scheduled maintenance 10 hours a month. Cascadia reserves the right to have our physical servers down for unscheduled maintenance 48 hours a month. In the event of significant data loss or hardware failure, Cascadia reserves the right to have our physical servers down for up to 96 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. Cascadia is not responsible for your server(s) downtime. We reserve the right to discontinue support for that particular problem if we are unable to resolve it.
Any attempt to undermine or cause harm to a server or customer of Cascadia is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without refund.
Refusal of service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Cascadia must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, Cascadia shall either: (1) Debit the client's credit card (when such information has been provided by the client); or (2) Deliver by e-mail an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Cascadia by no later than the specified payment due date. Cascadia shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on the agreed recurring basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by Cascadia to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Cascadia and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
All clients are ELIGIBLE for a refund if they decide to cancel within 5 days of the first payment on their first service. Cascadia reserves the right to refuse refunds for cancellations due to “personal reasons" or if the person has a server problem not caused by Cascadia. We will investigate any issue provided before offering a refund, if these issues can be fixed and get fixed we have the right to deny the refund request. Requesting are fund for a non-functional feature, before contacting support about the problem, will also not be accepted. After that period we do not generally refund cancelled contracts. For example, if your contract is quarterly and you request are fund after two months, no refunds will be admitted. Be aware that, within the 5 day refund policy, we can only refund the first month of services ordered for multiple months. We also do not partially refund servers. Violation of this policy or any other policy instituted by Cascadia will automatically deem an account to be ineligible for a refund.
Limitation of Liability
Cascadia shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Cascadia's servers going offline or being unavailable for any reason whatsoever. Furthermore, Cascadia shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Cascadia's servers.
Violations of these Terms and Conditions should be referred to Cascadia’s contact page. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Cascadia cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Cascadia are resold. Thus, certain equipment, routing, software and programming used by Cascadia are not directly owned or written by Cascadia. Moreover, Cascadia holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Cascadia sees fit.
By activating your account with Cascadia, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
Server Uptime Guarantee
Although Cascadia has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.