Terms Of Service
VPS-Hosting.ca understands that our customers usually are reselling our
service and 90% of the time not directly at fault with any issues outlined in
this document. VPS-Hosting.ca will not delete and ask questions later. We will
always give our customers the benefit of the doubt and work with them to resolve
issues in a non service disruption manner.
The Terms of Service (TOS) below apply to VPS-Hosting.ca. Web Design Studio's
Web Hosting (VPS-Hosting.ca) services. We have been happily providing web
hosting services for our clients since 2000, and are happy to offer the same
services to customers who wish a solid web hosting account and are happy to
"play fair". If you have any questions, please contact us.
Acceptable Content
All services provided by VPS-Hosting.ca may be used for lawful purposes only. It
is a violation of our Terms of Service to transmit, store, upload or present any
information, data or material in violation of any United States Federal, State
or local law. This includes, but is not limited to, material for which you do
not hold the copyrights or written authorization for its use, material that we
judge to be threatening or obscene, material that jeopardizes national security,
and/or material protected by trade secret or other laws.
Further, the following content is prohibited on VPS-Hosting.ca
accounts, as are links to such content:
Pornography and sex related merchandising, includes sites that may imply sexual
content, or link to adult content elsewhere.
Websites that promote any illegal activity or content or files that may be
damaging to VPS-Hosting.ca servers or any other server on the Internet.
Medical, psychiatric/psychology, illegal, get rich quick or hate material
IRC Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or any other material for which the account holder
does not own the copyright
Housing of any of the following files is considered a
violation of the terms of service:
IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with
references to IRC or any likeness thereof are prohibited, as are programs that
act like an IRC server or that provide chat functions that run as background
processes.
Proxies: we do not allow proxy servers of any kind, whether for personal or
business use. Files with references to any proxy or likeness thereof are
prohibited.
Port Scanning: we do not allow any kind of port scanning to be done on or from
our servers.
VPS-Hosting.ca will be the sole arbiter as to what constitutes a violation of
this provision.
Content that does not meet these standards will be disabled without prior notice
to customer.
Customer agrees to indemnify and hold harmless VPS-Hosting.ca from any claims
resulting from Customer's use of VPS-Hosting.ca services which damages Customer
or any other party.
Commercial Advertising - Email
No Spam: Sending of unsolicited email (email spam) from our servers is STRICTLY
prohibited. While we attempt to be fair, VPS-Hosting.ca will be the sole arbiter
as to what constitutes a violation of this provision. This also includes
Opt-in/Opt-out mail programs and email that either directly or indirectly
references a domain contained within an account at VPS-Hosting.ca.
Unconfirmed Mailing Lists: subscribing email addresses to any mailing list
without the express and verifiable permission of the email address owner is
prohibited. All mailing lists run by Customer must be Closed-loop ("Confirmed
Opt-in"). The subscription confirmation message received from each address owner
must be kept on file for the duration of the existence of the mailing list.
Purchasing lists of email addresses from 3rd parties for mailing to or from any
VPS-Hosting.ca-hosted domain (website), or referencing any VPS-Hosting.ca
account is prohibited.
Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this Acceptable Use Policy or
the Acceptable Use Policy of any other Internet Service Provider, including but
not limited to, the facilitation of the means to send Unsolicited Bulk Email,
initiation of pinging, flooding, mail-bombing, denial of service attacks is
prohibited.
Email address cultivating, or any unauthorized collecting of email addresses
without prior notification of the email address owner is strictly prohibited.
Operating an account on behalf of, or in connection with, or reselling any
service to, persons or firms listed in the Spamhaus Register of Known Spam
Operations (ROKSO) database at www.spamhaus.org is prohibited.
Scheduled Maintenance and Downtime
VPS-Hosting.ca will use its commercially reasonably efforts to provide services
24 hours a day, seven days a week. Customer acknowledges that from time to time
the services may be inaccessible or inoperable for various reasons, including
periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service
malfunctions, and causes beyond the control of VPS-Hosting.ca or which are not
reasonably foreseeable by VPS-Hosting.ca, including the interruption or failure
of telecommunications or digital transmission links, hostile network attacks, or
network congestion or other failures. VPS-Hosting.ca will attempt to provide at
least 48 hours advance notice to Customer for Scheduled Downtimes, and will use
commercially reasonable efforts to minimize any other disruption,
inaccessibility and/or inoperability of its web servers. VPS-Hosting.ca has no
responsibility for downtime resulting from a user's actions.
Limitations on Use, Cancellations and Non-Payment
VPS-Hosting.ca maintains the right to cancel accounts at its discretion.
Overdue Payment and Termination of Account:
Accounts will be disabled or terminated, at our discretion, if payment is not
received by the renewal date. If your account has been disabled, you may be
charged a reconnection fee of up to $50 in order to re-enable your account.
Alternatively, the account may be terminated and all information within the
account deleted. If you are not intending to pay for your web hosting account,
or if you know that your payment will be late, it is your responsibility to back
up your website files to ensure that you do not lose your data.
Cancellation Procedure: Valid proof of account ownership will be required to
terminate an account. This includes, but is not limited to, billing information
in the form of a partial credit card number or other payment information, or the
billing password. Non-secure information, such as the contact email address or
account billing address, is not sufficient as a security verification.
Paying by Check: orders for customers who wish to pay by check will be set up
when the check is received and clears our bank.
VPS-Hosting.ca is not responsible for lost data or for lost data due to
software that we do not maintain.
Refunds
30-day Money Back Guarantee:
If you wish to cancel your web hosting account within 30 days of ordering it, we
will refund your funds promptly, less any setup fee you paid.
General: Refunds will be made for FULL months only. Notice of cancellation must
be given before the month in question begins. Setup fee is NON-refundable.
Violation of Terms of Service: In addition to the above, any violation of our
Terms of Service Agreement shall result in no refund. This includes, but is not
limited to, criminal actions that result in termination of a web hosting
account.
General
These Terms of Service are a legally binding contract between Customer and VPS-Hosting.ca.
By opening an account, Customer agrees to the above-stated terms.
These Terms Of Service are subject to change without any prior notification, and
any changes will be posted here. Anything not listed in the Terms of Service is
open to interpretation and change by VPS-Hosting.ca without prior notice.
All prices, with the exception of the 30-day money back guarantee, are
nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the
account. VPS-Hosting.ca maintains the right to terminate accounts without prior
notification.
We reserve the right to remove any account with 15 days prior notice.
Lastly, we reserve the right to refuse service to anyone for any reason.
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