Subject to availability and to this agreement,
www.HostedinCanada.com/www.HostedinAmerica.com shall permit
the User to use www.HostedinCanada.com/www.HostedinAmerica.com's
facilities, equipment, user accessible programs and networks,
and any other facilities offered by www.HostedinCanada.com/
www.HostedinAmerica.com for the storage and execution
of the User's programs and data for the purpose of access
to the Internet within the terms and conditions specified
The User shall be solely responsible
for maintaining the security of the UserID and password,
and for preventing their unauthorized use. The User shall
be responsible for all use of the Internet by anyone using
the UserID. If the User becomes aware, or suspects, that
any unauthorized person has obtained or attempted to obtain
access through the UserID to the User's account, program,
or data, then the User shall forthwith notify www.HostedinCanada.com/www.HostedinAmerica.com
and change their password.
The UserID shall be used only by the
User and the User shall not make the UserID available
to any third party.
The UserID shall use the Internet in
a proper and prudent manner and according to any operating
instructions provided by www.HostedinCanada.com/www.HostedinAmerica.com.
The User shall have sole responsibility
for the preparation of their programs and data. www.HostedinCanada.com/www.HostedinAmerica.com,
its directors, employees, sponsors, and agents shall not
be responsible for any fault or error in the User's programs
or any programs accessed through Internet.
The User acknowledges that the Internet
may be subject to unscheduled and unannounced outages
and breakdowns which may not be rectified promptly.
In the event of the failure or breakdown
in the Internet, or of the loss or spoiling of the User's
programs or data, www.HostedinCanada.com/www.HostedinAmerica.com
makes no warranty that either will be restored. The User
assumes full responsibility for backing up their own files.
Item 7 states the entire liability of
www.HostedinCanada.com/www.HostedinAmerica.com for any
loss or spoiling of the User's programs or data. www.HostedinCanada.com/www.HostedinAmerica.com,
its directors, employees, sponsors, and agents shall not
be liable for any loss or damage sustained by the User
or any third party, directly or indirectly, as a result
of the failure or breakdown of the Internet or fault in
the programs provided by www.HostedinCanada.com/www.HostedinAmerica.com
or for any other cause.
may limit in any way the User's access to the Internet.
www.HostedinCanada.com/www.HostedinAmerica.com may exercise
this discretion arbitrarily, unequally, and unreasonably.
Without restricting the generality of this discretion,
www.HostedinCanada.com/www.HostedinAmerica.com may limit
the hours of access to each User in any manner, and may
limit the amount of storage and memory available to the
reserves the right to refuse access to any User for any
The User shall not:
Seek, by any means whatsoever, information
regarding the personal identification, or password of
any other User of the Internet or any network to which
the User may be permitted access;
Obtain or seek to obtain access to, or
interfere with, any programs or data maintained by www.HostedinCanada.com/www.HostedinAmerica.com
except as permitted by www.HostedinCanada.com/ www.HostedinAmerica.com;
obtain or seek to obtain access to, or interfere with,
any programs or data maintained by www.HostedinCanada.com/www.HostedinAmerica.com
except as specifically permitted by the policies of the
network (which form part of these terms and conditions).
Without limiting the generality of the forgoing, the User
shall not access the Internet except in accordance with
Obtain or seek to obtain access to any
other User's programs or data except with the explicit
authorization of the other User;
Knowingly develop or use programs which
adversely affect or impact other Users, the Internet,
or any Network;
Use, transmit, or store anything obscene,
offensive, or defamatory;
Utilize the Internet for any purpose
which is contrary to the laws of any government having
jurisdiction over www.HostedinCanada.com/www.HostedinAmerica.com
or the User;
Engage in any other activity which www.HostedinCanada.com/www.HostedinAmerica.com
determines in its unfettered discretion to be Improper
Use of the Internet.
The User agrees to indemnify www.HostedinCanada.com/www.HostedinAmerica.com,
its directors, employees, sponsors and agents against
any loss, damage, or liability (including legal
costs on a full indemnity basis) which may be sustained
or incurred as a consequence of the User's failure
to comply with this agreement whether the failure
is attributable to the User or to some other person
using the User's account with or without permission
of the User.
may without notice terminate any User's privileges
for any breach of this agreement.
The User shall indemnify www.HostedinCanada.com/www.HostedinAmerica.com
against any claim by a third party for alleged infringement
of any copyright or any other intellectual property
rights which may arise as a result of the storage
or processing of any of the User's programs or data
on or through the Internet.
The User's programs shall be and
shall remain the property of the User. Notwithstanding,
in its discretion make and keep backups and examine
the User's programs, data, printed output, other
media in connection with its investigation of malicious
disruption of computer services and of breaches
of this agreement either by the User or by any other
makes all commercially reasonable efforts to protect
the confidential and personal information of its
MAKES NO WARRANTIES, EXPRESS OR IMPLIED. NO REPRESENTATIONS,
OR STATEMENTS NOT EXPRESSLY SET FORTH HEREIN SHALL BE
BINDING UPON www.HostedinCanada.com/www.HostedinAmerica.com
AS A WARRANTY OR OTHERWISE.
These terms and conditions may be amended
by www.HostedinCanada.com/www.HostedinAmerica.com at any
time by posting the revised version on our web site. www.HostedinCanada.com/www.HostedinAmerica.com
may from time to time provide information and updates
to the User via email regarding the service and the User
expressly consents to receive such periodic information
acknowledging that such information is being sent by www.HostedinCanada.com/www.HostedinAmerica.com
for the benefit of the User and its service.
Any discretion, option, decision, or
opinion by www.HostedinCanada.com/www.HostedinAmerica.com
shall be sufficiently exercised or formed if exercised
or formed by or subsequently ratified by www.HostedinCanada.com/www.HostedinAmerica.com's
system administrator or any other person or persons designated
by www.HostedinCanada.com/www.HostedinAmerica.com's directors.
Anyone who is under the age of 18 must
have a parent or guardian sign for their account and be
fully responsible for the supervision of this account.
bandwidth may not, under any condition, be resold or given
away. The bandwidth is available to the purchased account
only and may not be shared in any way.
accounts may not be resold, or transferred to any third
party. All fees are non-refundable.
reserves the right to full access to leased hardware owned
by www.HostedinCanada.com/www.HostedinAmerica.com on the
User's premises with a minimum of one days notice.
Our "30 day Satisfaction Guarantee",
on all hosting packages, is subject to a $50 termination
fee, 31 days after the account is opened, if a request
to close the account is sent.
For more information, please call
our toll free number at