Our terms are fairly straight forward and we’ve summarized them for you in plain English.
- YOUR PERSONAL INFORMATION IS PRIVATE. We are registered in the Industrial Security Program of Canada. Privacy and data handling is paramount.
- PAY YOUR BILL. Probably quite obvious, but you’ll need to make sure you have a valid payment method on file at all times. No payment means no service. See our billing policy for more details.
- DON’T SPAM. You might ask what that means? If anyone complains of mail you sent them, you risk your domain getting banned, causing delivery problems to any email address you send to. You probably don’t want that, so its in your best interest that you don’t. You will get charged for cleanup fees. See our no spam policy here for details.
- DON’T DO ANYTHING ILLEGAL. We don’t want to assist your illegal business and want nothing to do with it. We’ll shut it down immediately.
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, spyware, hacker programs or archives, torrents, 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 (constantly 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 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
Please view our billing policy for details.
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, or any 3rd party purchased services. Please view our billing policy for details on non-refundable items.
Cancellation Policy
Please view our billing policy for details.
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 $250/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.
Limitation of Liability
For purposes of this Section, “Hosting.ca” includes any and all subsidiaries and affiliates of Hosting.ca, Inc., and the officers, directors, employees, and agents thereof. TO THE EXTENT PERMITTED BY LAW, HOSTING.CA’S CUMULATIVE LIABILITY TO CUSTOMER OR ANY PARTY RELATED TO CUSTOMER FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID TO HOSTING.CA BY CUSTOMER FOR THE SERVICES RENDERED BY HOSTING.CA HEREUNDER. IN NO EVENT SHALL HOSTING.CA BE LIABLE TO CUSTOMER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, WHETHER OR NOT HOSTING.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. WITHOUT LIMITATION OF THE FOREGOING, HOSTING.CA SPECIFICALLY SHALL NOT BE LIABLE FOR (i) DAMAGES CAUSED BY ACTS OR OMISSIONS OF CUSTOMER OR CUSTOMER’S EMPLOYEES OR AGENTS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE BY CUSTOMER TO BACK UP DATA OR INFORMATION BEFORE HOSTING.CA BEGINS RENDERING THE SERVICES OR ANY PORTION OF THE SERVICES OR (ii) THE LACK OF INTEROPERABILITY OF SOFTWARE OR HARDWARE USED BY CUSTOMER.
Warranty
Warranty by Hosting.ca. Under this Agreement, Hosting.ca provides services to Customer, and does not sell or license goods, except as expressly provided herein. Hosting.ca warrants that it will perform the Services in a workmanlike manner. THE WARRANTY EXPRESSED IN THIS SECTION IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY HOSTING.CA. EXCEPT FOR THIS LIMITED WARRANTY, HOSTING.CA MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES TO BE RENDERED BY HOSTING.CA UNDER THIS AGREEMENT, AND HOSTING.CA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH SUCH SERVICES.
Warranty by Customer
Customer warrants that the rendering of the Services by Hosting.ca will not violate the rights of any third party, including, without limitation, intellectual property rights.
Governing Law and Choice of Forum
This Agreement shall be governed by and interpreted in accordance with the laws of British Columbia, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the provincial courts situated within British Columbia. Each party, to the maximum extent permitted by law, hereby consents to the jurisdiction and venue of such courts and waives any objection that such party may now have or hereafter have to the jurisdiction or venue of such courts, on the basis of inconvenient forum or otherwise.
Force Majeure
Neither party shall have liability for damages or delays in performance due to natural disasters, power surges or failures, strikes or labor disputes, acts of god, war, civil disturbances, acts of civil or military authorities or the public enemy, or other causes beyond either party’s control, or when an account has been sending UCE (See No spam policy).
Entire Agreement
This Agreement is the entire agreement between the parties and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning Hosting.ca’s rendering of the Services to Customer. No change, modification or waiver of any of the terms of this Agreement shall be binding unless set forth in writing and signed by both parties.
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, SSL certificates or any third party services.