TERMS AND CONDITIONS

Upon signing up for hosting.ca’s services, all customers agree to comply with Hosting.ca’s Terms and Conditions. The spirit of this policy is to ensure our customers are using Hosting.ca’s services with due regard to the rights of other Internet users and in conformity with the requirements of Hosting.ca’s network environment. Please note that asterisked items (*) are not applicable to Dedicated Server customers.

Illegal Use

Hosting.ca servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources *

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Hosting.ca shall be the sole arbiter of what is considered to be a high server usage level.

All shared web hosting accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of $9.95/month.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts *

CGI script sharing with domains not hosted by Hosting.ca is not permitted. Any CGI-scripts deemed to be adversely affecting server performance (contstantly loading) or network integrity will be shut down without prior notice.

Databases *

Any database stored on Hosting.ca’s that takes up more than usual cpu resources (doing large and complex queries) will be subject to additional database usage fees.

Chat Rooms *

Hosting.ca does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Hosting.ca provides Java chat rooms that meet most users’ needs and run without hindering system performance.

Background Running Programs and Cron Jobs *

Hosting.ca may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Hosting.ca at support@hosting.ca so that we can arrange set-up.

IRC

Hosting.ca does not allow IRC or IRC bots to be operated on our servers. You may however purchase a dedicated server for these purposes.

UCE (Unsolicited Commerce Email) – SPAM

See our no spam policy.

Server Resources

Any excess bandwidth usage which is not in compliant with the terms and conditions will be billed to the client at a burstable rate of $1.85 per Kilobit/second. Any website that uses a high amount of server resources, such as, but not limited to, CPU time, memory usage, and network resources, will be given the option to pay additional fees, which will depend on the resources required, reduce the resources used to an acceptable level, or upgrade its package to a Dedicated hosting plan. Hosting.ca will be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Newsgroups / Distribution Lists

Commercial posting to newsgroups, promoting your site(s) hosted by Hosting.ca, must abide by any rules of etiquette for the particular newsgroup/distribution list, as outlined in their respective FAQ (Frequently Asked Questions). Posting of a purely commercial solicitous nature, promoting your site(s) hosted by Hosting.ca, within discussion newsgroups/lists is prohibited.

Server Abuse

Any attempts to undermine or cause harm to a Hosting.ca server or customer are strictly prohibited.

Software Distribution *

Hosting.ca’s shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact support@hosting.ca to make special arrangements.

Billing

All customers are given a 30 day grace period. After this time, all accounts and related domain name registrations will be temporarily disabled/suspended until paid in full. Chargebacks from customers will include a $35 service charge as well as NSF cheques.

Our Service Guarantee

Every web hosting plan comes with a 30-day money back guarantee. If you find that we could not help or service you with your needs, you will be given a full refund. After this time period has passed by, no refund is given. Refunds are not applicable to SharePoint, Hosted Exchange or VOIP services.

All cancellations must be requested by email, and confirmed by the last 4 digits of your credit card or bank account on file. There is no exception.

Cancellation Policy

Cancellation requests must be received by Hosting.ca a minimum of five (5) days prior to the end of your Billing Cycle. In order to cancel your web hosting service, you must send an email to billing@hosting.ca. The cancellation request MUST include the credit card holder’s first and last 4 digits of their credit card and expiry date. This is for authenticity purposes. Cancellation requests by phone or to other departments will not be processed. Hosting.ca is unable to cancel your account effective for a future date. Plans that are subscribed yearly are not eligible for refunds. If cancellation is requested after billing period, a $25 fee will apply for refunds.

To avoid interruptions in service, accounts are billed on a recurring, subscription basis. Web hosting accounts will automatically renew unless explicitly cancelled prior to the renewal date (this includes domain renewals that Hosting.ca resells through OpenSRS/Tucows, if possible, to the best of our ability). Hosting.ca will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Hosting.ca as soon as possible.

Hosting.ca does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, your ISP, or any other secondary issues not directly related to Hosting.ca services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Hosting.ca reserves the right to cancel any account, at any time, without notice, for any reason Hosting.ca considers appropriate.

Actions Taken by Hosting.ca

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Hosting.ca will be the sole arbiter as to what constitutes a violation of the Terms of Use. Hosting.ca reserves the right to remove any account without prior notice.

When Hosting.ca becomes aware of an alleged violation of its Terms of Use, Hosting.ca will initiate an investigation. During the investigation, Hosting.ca may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Hosting.ca may, at its sole discretion, restrict, suspend, terminate a customer’s web hosting account, pursue other civil remedies and/or charge fines at $100/hour for investigating the issue at hand. If such violation is a criminal offense, Hosting.ca will notify the appropriate law enforcement authorities of such violation.

Hosting.ca does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Hosting.ca customers agree to indemnify and hold harmless Hosting.ca from any claims resulting from the use of our services that damages them or any other party. The Hosting.ca service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Hosting.ca expressly disclaims any representation or warranty that the Hosting.ca service will be error-free, secure or uninterrupted. No oral advice or written information given by Hosting.ca, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Hosting.ca and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

Hosting.ca reserves the right to add, delete, or modify any provision of its Terms and Conditions at any time without notice.

This policy does not apply to the additional services given such as search engine optimization, domain registration or any third party services.