Terms Of Service

This Web Hosting Agreement ("Agreement") is between Canuck Web Hosting ("Canuck Web Hosting"), and the person (individual or legal person) whose signs Canuck Web Hosting's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of Canuck Web Hosting's service.

PLEASE READ THIS AGREEMENT CAREFULLY.

BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY POLICY.

Table of Contents

• Account Setup
  
• Transfers
  
• Abuse & Prohibited Use
  
• Payment Information
  
• Cancellations
  
• Money Back Guarantee
  
• Bandwidth Usage
  
• Back Up &  Data Loss
  
• Reseller Client Responsibility
  
• Shared (non-reseller accounts) / Semi Dedicated Servers
  
• Dedicated Servers
  
• Uptime Guarantee
  
• Right To Refusal Without Cause
  
• Indemnification
  
• Arbitration
  
• Disclosure To Law Enforcement
  
• Disclaimer
  
• Copyright Policy
  
• Changes To The TOS
  

Account Setup
We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Abuse & Prohibited Use
Canuck Web Hosting reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Canuck Web Hosting staff.

Abuse can include, but is not limited to the following offenses:

A) Any attempts to compromise or actual compromise of a network device belonging to Canuck Web Hosting or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" is also prohibited and may result in termination of service.

D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "warez". Any DMCA complaint received will be investigated and may result in termination of service.

E) The hosting of material which is considered to be illegal in Canada and the United States of America is strictly prohibited. This includes child pornography, bestiality, hate speech, online casinos, scam sites, phishing sites and any other material which is deemed illegal. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

G) The use of IRC software, Bit Torrent software, Proxy software, and automated "bots" is strictly prohibited. The use of some forums and any other multiuser chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. Canuck Web Hosting will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction.

H) Pornographic material is strictly prohibited due to the number of unauthorized attempts to compromise security and gain illegal access to our servers. Adult related material that is deemed "non-pornographic" is allowed.

I) Hosting video publishing and/or video sharing websites is also prohibited. These sites create tremendous load on servers and it is recommended to have a VPS or private server.

Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.

Payment Information
You agree to supply appropriate payment for the services received from Canuck Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Canuck Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Canuck Web Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Canuck Web Hosting provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact PreSales@CanuckWebHosting.com.

Canuck Web Hosting reserves the right to change the monthly payment amount and any other charges at anytime.

Cancellations
Customer is free to cancel their account at any time by emailing billing@CanuckWebHosting.com, with their account information. Similarly, Canuck Web Hosting reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.

Money Back Guarantee
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include dedicated servers, domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.

Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. Canuck Web Hosting reserved the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Back Up & Data Loss
Customer agrees to maintain a current copy of all content hosted by Canuck Web Hosting notwithstanding any agreement by Canuck Web Hosting to provide backup services.

Reseller Client Responsibility
Resellers are responsible for supporting their clients. Canuck Web Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Canuck Web Hosting will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semi Dedicated Servers
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account. Semi dedicated servers are not backed up. You must maintain your own backups.

Dedicated Servers
Canuck Web Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Canuck Web Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact PreSales@CanuckWebHosting.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Uptime Guarantee
Canuck Web Hosting strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Canuck Web Hosting monitoring systems or Canuck Web Hosting authorized/contracted outside monitoring services. If Canuck Web Hosting fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. A brakedown of how credits are issued are as follows: 95%-99.8% uptime results in a 15% credit of the monthly fee. 90%-94.9% uptime results in a 25% credit of the monthly fee. 89.9% uptime or below results in a 100% credit of the monthly fee.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Canuck Web Hosting network caused by or associated with:

A) Scheduled maintenance for hardware/software upgrades

B) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Canuck Web Hosting utilizes only name brand hardware of the highest quality and performance.

C) DNS issues not within the direct control of Canuck Web Hosting


Right To Refusal Without Cause
Canuck Web Hosting may refuse to accept any customer or any website for participation in the Canuck Web Hosting network as determined by Canuck Web Hosting at its sole discretion.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Canuck Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Canuck Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Canuck Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Canuck Web Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Canuck Web Hosting's server.

Arbitration
By using any Canuck Web Hosting services, you agree to binding arbitration. If any disputes or claims arise against Canuck Web Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Canuck Web Hosting 's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclosure To Law Enforcement
Canuck Web Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Disclaimer
Canuck Web Hosting will not be responsible for any damages your business may suffer. Canuck Web Hosting makes no warranties of any kind, expressed or implied for services we provide. Canuck Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Canuck Web Hosting and its employees.

Copyright Policy
All content on this website is Copyright © Canuck Web Hosting and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of Canuck Web Hosting.

Changes To The TOS
Canuck Web Hosting reserves the right to revise its policies at any time without notice.