Access

  1. 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 hereafter.
  2. 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.
  3. The UserID shall be used only by the User and the User shall not make the UserID available to any third party.
  4. 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.
  5. 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.
  6. The User acknowledges that the Internet may be subject to unscheduled and unannounced outages and breakdowns which may not be rectified promptly.
  7. 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.
  8. 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.
  9. www.HostedinCanada.com/www.HostedinAmerica.com 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 user.
  10. www.HostedinCanada.com/www.HostedinAmerica.com reserves the right to refuse access to any User for any reason.

Improper Use
The User shall not:

  1. 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;
  2. 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 this Agreement;
  3. Obtain or seek to obtain access to any other User’s programs or data except with the explicit authorization of the other User;
  4. Knowingly develop or use programs which adversely affect or impact other Users, the Internet, or any Network;
  5. Use, transmit, or store anything obscene, offensive, or defamatory;
  6. 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;
  7. Engage in any other activity which www.HostedinCanada.com/www.HostedinAmerica.com determines in its unfettered discretion to be Improper Use of the Internet.

      1. 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.
      2. www.HostedinCanada.com/www.HostedinAmerica.com may without notice terminate any User’s privileges for any breach of this agreement.
      3. 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.
      4. The User’s programs shall be and shall remain the property of the User. Notwithstanding, www.HostedinCanada.com/www.HostedinAmerica.com may 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 person.
      5. www.HostedinCanada.com/www.HostedinAmerica.com makes all commercially reasonable efforts to protect the confidential and personal information of its Users.

General

  1. www.HostedinCanada.com/www.HostedinAmerica.com 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.
  2. 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.
  3. 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.
  4. 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.
  5. www.HostedinCanada.com/www.HostedinAmerica.com 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.
  6. www.HostedinCanada.com/www.HostedinAmerica.com accounts may not be resold, or transferred to any third party. All fees are non-refundable.
  7. www.HostedinCanada.com/www.HostedinAmerica.com 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.
  8. 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.

This policy represents the HostedinCanada.com Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with HostedinCanada.com. HostedinCanada.com reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers.

Customers using any services offered by HostedinCanada.com consent to be bound by and must comply with all policies in this TOS. At the sole discretion of HostedinCanada.com. any violators of this TOS may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for HostedinCanada.com maintaining one or more accounts (each “Account”), you agree to the following terms of service.

Definitions

  • “We” “Us” or “Provider” HostedinCanada.com.
  • HostedinCanada.com – An Alberta Company
  • “You” “Your” “Client” “Customer” or “Member.”
  • Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Disclaimer of Warranty

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, HostedinCanada.com offers a 99.9% uptime guarantee. This is valid for only the connection. HostedinCanada.com will pursue all resources and channels available to maintain maximum uptime, however, HostedinCanada.com is not responsible for any down time caused by client’s error.

HostedinCanada.com MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither HostedinCanada.com nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of HostedinCanada.com, even if HostedinCanada.com has been advised to the possibility of such damages.

Services provided by HostedinCanada.com

HostedinCanada.com will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows HostedinCanada.com members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. HostedinCanada.com members will use the provided services in a manner consistent with any and all applicable laws of the Province of Alberta and the Canadian Federal Law. HostedinCanada.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. HostedinCanada.com reserves the right to refuse customers from utilization of its services, without notification. If any of the below activities are committed, HostedinCanada.com can terminate client’s account without notification.

  1. Client Content:

    Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of HostedinCanada.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to HostedinCanada.com or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted MP3, storing personal backups and/or cPanel backup files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. HostedinCanada.com will be the sole and final arbiter as to what constitutes a violation of this policy.

  2. Bandwidth Usage:

    HostedinCanada.com offers a generous amount of data transfer per month. This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server’s processing power is key to the overall performance that server. In the vast majority of cases, if you use the web hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above.

  3. Excessive Resource User Policy:

    Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered “excessive resources”. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using “excessive resources” will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages. HostedinCanada.com will be the sole and final arbiter as to what constitutes a violation of this policy. Suspensions will only occur if client violates above restrictions.

  4. No “Spam”:

    UCE/UBE or “Spam” originating from a server located on our network or associated with a HostedinCanada.com server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the HostedinCanada.com network but is sent from an e-mail address not associated with that HostedinCanada.com account. Client shall not use their HostedinCanada.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. HostedinCanada.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

  5. False Information:

    Client agrees not to post false or inaccurate information to news groups in violation of the news groups’ rules and regulations. If any news groups or service provider contact HostedinCanada.com concerning unethical, false or unlawful activities by you, HostedinCanada.com reserve the right to terminate your service without notice.

  6. Licensed Software Only:

    Client agrees to use only properly licensed third party software in connection with Client’s use of the Services. We do NOT allow any type of NULLED software. Customers using any nulled scripts/plugins/themes or related software will have their account suspended immediately. The accounts will not be reinstated unless fully destroyed and re-created with the customer consenting to only use legitimate software with appropriate licenses.

  7. Back-Up Files:

    HostedinCanada.com offer a Premium Backup Service to ALL of our customers. The backup service can be purchased as an addon service to any active hosting account. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Customers can use FTP, cPanel and PHPMyAdmin to make their own backups at any given time. HostedinCanada.com is not responsible for any lost data.

Payment, Renewal, Cancellations

  1. Payment Obligations:

    Full payment is required in advance before hosting service is established. HostedinCanada.com sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that HostedinCanada.com may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended and possibly sent to collections. To have your account re-established, you will need to pay the monthly fees, plus any late fee’s. All fees mentioned are in Canadian (CAD) funds.

  2. Renewals:

    Your account will be automatically renewed under the same time and fee structure unless you give written notice to HostedinCanada.com thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

  3. Cancellation & Refunds:

    Should you become unsatisfied with our services within the first 30 days of your account activation, HostedinCanada.com will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for shared/reseller pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer service 30 days before your renewal date and verify information before cancellation takes place. You will be charged in full for the entire month in which you canceled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Customers wishing to switch their FREE domain to another registrar or cancel their service are subject to a $30 domain release fee. Refunds are never available for domain registrations, control panel licenses (cPanel, Plesk, etc) setup fees, account addons or dedicated servers.

Refunds are NOT given for any account upgrades or add-ons, only the hosting portion is refunded in full. There are no exceptions and no refund(s) will be awarded for upgrades at any point after your first 30 days of initial signup.

99.9% Service Level Agreement “SLA”

HostedinCanada.com offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. HostedinCanada.com will try to maintain maximum uptime. HostedinCanada.com is not responsible for any downtime caused by the client.

Third Party Script Assistance

HostedinCanada.com retains the right not to assist clients with third party applications. This includes any script uploaded by the client, installed using cPanel, it’s scripts library or any installer within. Any assistance, support, or troubleshooting provided by HostedinCanada.com for ANY third party script or application will be subject to a $25/$45 service fee.

30-Day Money Back Guarantee and Domain Registrations

HostedinCanada.com offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations, setup fees & dedicated server fees are also non-refundable. Refunds are NOT given for upgrades at any point in time after the first 30 days of being an active client.

Any questions regarding the 30-day money back guarantee should be forwarded to “info@HostedinCanada.com”. HostedinCanada.com offers a free domain for life which means you can choose to register a new domain name OR transfer a domain to HostedinCanada.com free of charge and as long as you remain a hosting client your domain will be renewed each year automatically. The free domain for life must be the primary domain on the account and must be chosen during the initial order process. If no new domain is registered or transferred the free domain for life offer is void. Credits will not be provided if the client chooses to use an existing domain and update their name servers.

Fast Track Support:

Client agrees to pay a non refundable fee of $5.00, plus applicable taxes for a ticket to be escalated to the top of the queue with a guaranteed response time of under 60 minutes. Purchasable as an upgrade on a per ticket basis, either at the time of opening a ticket, or at any time throughout the life of that ticket. A response is not necessarily a resolution. Resolution will depend upon the nature and complexity of an issue. This service is available Monday – Friday, 9 am – 5 pm, EST. If a Fast-Track ticket upgrade is purchased outside of Fast-Track support hours it will be placed first in the queue for the following day to ensure priority.

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