247-Host.ca Terms of Service Policy ("AUP")
is provided to give our customers and users a clear understanding of what
247-Host.ca expects of them while using the service. All users of
247-Host.ca services: those who access some of our services but do not have
accounts, as well as those who pay a service fee to subscribe to the
services, must comply with this AUP and our TOS (Terms of Service). Use of
247-Host.ca service constitutes acceptance and agreement to 247-Host.ca
AUP as well as 247-Host.ca TOS (Terms of Service)
247-Host.ca's services may only be used for lawful purposes. Transmission
of any material in violation of International, Federal or State regulation
is prohibited. This includes but is not limited to: material legally
judged to be threatening or obscene, or material protected by trade secret
laws.
If you are found in violation of the 247-Host.ca Hosting Terms of Service
Policy and Terms of Use. Your account will be terminated without notice
and you will forfeit all of the monies that have been paid to
247-Host.ca.
Examples of content that is not acceptable on 247-Host.ca Servers:
"Pirated software" or "Warez", "Hacker programs and/or archives", "IRC
Bots", "Gambling Related","Copy righted Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold 247-Host.ca harmless from
any claims resulting from a breach of these terms, and/or their use of the
service, which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how to" information
about such material.
We welcome and allow adult sites. Adult sites
allowed on all plans, except the BASIC hosting plan. All adult
sites must have a warning entrance page, all models must be 18+, and you
must abide by all laws within the USA and your country if different from
USA. We do not allow child pornography.
Spam
SPAM in any shape or form is NOT
permitted and is grounds for immediate account termination. Mailing lists
via a mailing list manager are acceptable as long as the list are OPT-IN
list that people have signed up for. Spam complaints from other users will
not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any
of its many forms including, but not limited to: bots and IRC servers.
Chat rooms may be allowed on per use basis, so please ask one of our
support staff before setting one up. (Some cgi/perl based chat rooms over
utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of
any loss or damage to data stored on the Server. You represent, undertake
and warrant to us that you will use the Web Site allocated to you only for
lawful purposes. In particular, you represent, warrant and undertake to us
that you will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which is
unlawful, threatening, abusive, malicious, defamatory, blasphemous,
profane or otherwise objectionable in any way. (b) Any material containing
a virus or other hostile computer program. (c) Any material which
constitutes, or encourages the commission of, a criminal offence or which
infringes any patent, trade mark, design right, copyright or any other
intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorized use of your account or breach of
security, including loss, theft or unauthorized disclosure of your
password or other security information.
You shall observe the procedures, which we may from time to time prescribe
and shall make no use of the Server, which is detrimental to our other
customers.
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner.
In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
Any access to other networks connected to 247-Host.ca must comply with
the rules appropriate for those other networks.
while we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free
from unauthorized users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other failure of email.
Intellectual Property Rights
You shall obtain any and all necessary
consents and clearances to enable you lawfully to make use of all and any
intellectual property rights through the Services, including without
limitation, clearance and/or consents in respect of your proposed domain
name.
Service Availability
We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any
reason without notice, but if such suspension lasts or is to last for more
than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one login
session under any one account may be used at any time by you. User
programs may be run only during login sessions. If your account is found
to have been transferred to another party, or shows other activity in
breach of this sub clause, we shall have the right to cancel the account
and terminate the Services and/or this Agreement immediately.
Termination We can not stress this enough the
following sites are prohibited: hate, warez, illegal anything, illegal
content, software trading, download libraries, chat room programs,
copyright infringement, trademark infringement, bulk emailing, unsolicited
emailing, newsgroup spamming, spam, spam related products and/or "anything
else determined by us as not in compliance with our Terms of Service
including abuse of server resources and storage (includes video and audio
files) will be grounds for immediate termination of service without
notice" are expressively forbidden and sites containing banned materials
are subject to immediate termination without refund. Without in any way limiting our (247-Host.ca) rights. If a site violates
these terms in any way, shape, or form, the site will be deleted from our
network. If 2 violations occur within a 90 day period the site will be
blocked from our network. Our warning schedule is below. First Warning
when you (or your clients) upload illegal content you (or your clients)
are knowingly violating the terms of service. Therefore there is no need
for a first warning. When you upload illegal files which violate these
terms you know what you are doing is against our policies. Second Warning
There is no second warning, the domain is deleted. You may recreate the
domain, however if illegal content is found on this domain again the
domain will be blocked from our servers.
Questionable Situations If we
find content that is questionable and may or may not violate the terms of
service we will contact you. An example of a situation like this is a band
hosting their own music on our servers. However, you can avoid this step
if you notify us. If you are a band or if you are planning to upload a
large amount of files that are questionable please notify us before you
upload so we are aware of the situation. This will keep everyone happy. If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions, we may terminate this
Agreement forthwith upon written notice.
if you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to
terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located
on it. We shall be entitled to delete all such data but we may, at our
discretion, hold such data for such period as we may decide to allow you
to collect it at your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled to post such
notice in respect of the non-availability of your Web Site as we think
fit. Accounts may be cancelled by the user with a 7 day notice. 247-Host.ca reserves the right to cancel any account with or without
notice..
247-Host.ca expects that its subscribers who provide Internet services to
others will comply fully with all applicable laws concerning the privacy
of on-line communications. A subscriber's failure to comply with those
laws will violate 247-Host.ca policy. Finally, 247-Host.ca wishes to
emphasize that in signing the service agreement, subscribers indemnify
247-Host.ca for any violation of the service agreement, law, or
247-Host.ca policy, that results in loss to 247-Host.ca or the bringing
of any claim against 247-Host.ca by any third-party. This means that if
247-Host.ca is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against
247-Host.ca , plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded.
Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect of
the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the
claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as
appearing in this Agreement or ancillary application forms or such other
address as such party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report, or if
sent by recorded delivery shall be deemed to be served two days following
the date of posting.
Payment
All payments must be in US Dollars. PayPal and Credit Card (Visa,
MasterCard, American Express and Discover) is currently the method of
payment used by 247-Host.ca. We do also accept Check and Money order.
Please
contact us if
you would like to pay via check or money order.
All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
Refund Policy
247-Host offers an unconditional 45 day money back
guarantee on shared hosting, reseller hosting or virtual private servers
(VPS), for any customer who paid the first invoice with a credit card or
with Paypal. Refund requests for shared, reseller and VPS accounts after
the initial 45 days will be refunded on a prorated basis of any unused
time.
Payments made by bank wire transfers, western union, checks or money
orders non-refundable, and refunds will be applied as a credit to the
customer's account.
There are no refunds on dedicated servers, administrative fees,
install fees for custom software, SSL installation or domain name
purchases.
The refund policy will be waived
for an account found to be in violation of the Terms of Service.
Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the
subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral information given by
any party shall alter the interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and
conditions and you agree that you shall have no remedy in respect of any
misrepresentation, which has not been made expressly in this Agreement.
Misuse Of Resources
Including but not limited to employing applications which consume
excessive CPU time and Chat/IRC scripts are not allowed on our network
under any circumstances.
If you are unsure about content you intend to place on our network, please
check with us before you do. We reserve the right to determine what
constitutes Terms of Service. We may amend these terms of service with or
without notice.
You are responsible for any domains that are placed onto our servers.
We do reserve the right to edit the terms of service at any time with
or without notice.
If you have any questions please e-mail us at
sales@247-host.ca
