CACloud
Order expand_more
shopping_cart person
menu
search
Order expand_more
  • shopping_cart
    shopping_cart Your cart is empty
    Browse Products and Services
  • person Log in / Register

Order Services


Vancouver SSD
Toronto SSD
VMware Enterprise Cloud
Dedicated Servers
Private Cloud
Disaster Recovery VPS
Plesk Shared Hosting
cPanel Shared Hosting
Domain Names
SSL Certificates
Priority Support
DNS Service
CACloud CDN
VPN
Email Hosting
Hardware Firewall
Minecraft Servers

Choose from our wide selection

shopping_cart Browse Products and Services
  • search
Manage
    • home Dashboard
Account
Help
    • quiz Support Tickets
Other
  • link Pages expand_more
    • Privacy Policy
    • Terms of Service
    • Service Level Agreement
  • language expand_more

Terms of Service

1. Overview

cacloud.com, www.cacloud.com, and related sites are operated by Canadian Web Hosting. This service contract (hereinafter the "CONTRACT") is between Canadian Web Hosting Inc (hereinafter "CWH") and the applicant, You (hereinafter "CLIENT") who wishes to purchase Internet Web Hosting and/or Co-location services with CWH.

The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, and local laws.

 

2. Relationship between CWH and CLIENT

  1. CWH will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
  2. CLIENT's rights and privileges cannot be sold or transferred without the written consent and approval from CWH sixty (60) days in advance.
  3. This contract represents the complete understanding between CLIENT and CWH. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
  4. CLIENT agrees not to harm CWH, its reputation, computer systems, programming and/or other CLIENTS using CWH's services.
  5. CWH reserves the right to refuse service and cancel a CLIENT account at any time.

 

3. Interruptions in Service

CWH is not liable for any errors or interruption in service, whether within or outside of CWH's reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold CWH free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by CWH or by third-party providers, or because of power interruptions or other causes.

 

4. Password Protection

CLIENT is responsible for protecting CLIENT'S password and for any authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use CWH's service to guess passwords or to access other systems or networks without authorization. CWH will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.

 

5. IP Addresses

CLIENT must return to CWH all IP addresses issued by CWH to CLIENT if CLIENT discontinues service with CWH or if CWH discontinues service.

 

6. Internet Etiquette

CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which CWH may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against CWH by offended users. CWH reserves the right to refuse or terminate service at any time. CLIENT will indemnify CWH and hold CWH harmless from any damage to CWH's business, service, equipment, network(s) operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

 

7. Content

CWH has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of CLIENT’s account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@canadianwebhosting.com.

The use of a shared hosting or reseller account as a backup/storage device is not permitted with the exception of one backup of the same account. CLIENTS shall not take backups of their backups.

CLIENTS shall not back up the content of their local computer to CWH’s shared servers. All content stored on the shared server must be publicly accessible via the website.

Examples of unacceptable material on all hosting plans include:

  • Email Marketing
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Large collection of MP3 files and/or DVD/CD ISO Image Files
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Push button mail scripts
  • Broadcast of Streaming of Live Sporting Events
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Mining
  • PayDay Loan Site

CLIENTS who provide the above-mentioned content are in breach of the contract. CWH may terminate service without notice and without any refunds of CLIENT's unused pre-paid portion of funds.

 

8. Resource Usage

The following are restrictions on shared hosting plans:

  • Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
  • Running unattended standalone server side daemons such as IRCD
  • Running any scripts (web spider) which indexes websites
  • Running any BitTorrent application, tracker, or client. CLIENT may link to torrents off-site, but may not host or store them on CWH’s servers.
  • Running any file-sharing/peer-to-peer activities
  • Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc
  • Running any cronjobs less than 15 minute intervals
  • Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on an account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first and, if no action is taken, future suspension will occur.

 

9. Backups and Data Loss

The backup service is provided as a courtesy to our shared and reseller customers. CWH backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. CWH makes no guarantees about the weekly backups, and require a $35 fee to restore the backups. CWH will not be responsible for files and/or data residing on CLIENT’s account. CLIENT agrees to take full responsibility for files and data transferred, and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by CWH. Any shared or reseller account using more than 10 GB of disk space will be removed from CWH’s weekly backup service.

Dedicated and VPS servers are NOT backed up by CWH and it is the responsibility of CLIENT to maintain backups or have a solution for this. Please contact sales@cacloud.com for optional backup services.

 

10. Uptime Guarantee

Please refer to our in-depth CACloud Service Level page.

 

11. Unsolicited Commercial Email

The CWH network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of CWH may not use, or permit others to use, the CWH network(s) to send UCE. CWH will not host, or permit hosting of sites or information that is advertised by UCE from other networks. CWH will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on CWH's network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. CWH reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as "fair warning" as to CWH's strict "NO SPAM" policy. CWH reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of "NO SPAM" policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient's e-mail address. CWH will also fine the individual $500.00 per SPAM incident.

 

12. Warranty and Assumption of Risk

CLIENT uses CWH services at CLIENT's own risk. CWH makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. CWH shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. CWH has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

 

13. Term of Contract, Termination, and Renewal

  1. All contracts are on a recurring basis. CLIENT shall pay CWH recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on CWH's invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. CWH may change prices without notice and it is the CLIENT's responsibility to check the website for updates. Grandfathered accounts will not be affected.

  2. All cancellations by CLIENT of service or changes in service must be done in writing to CWH. It can be done by email (billing@cacloud.com), fax (1-604-283-1729) or via regular postal to iDigital Internet Inc, PO Box 28011 West Pender St PO, Vancouver, BC, Canada V6C 3T7. The 60-Day Money-Back Guarantee is offered on Shared Hosting plans and SSD Cloud Server plans. If a cancellation is requested within 60 days of the initial setup date, then the full hosting fees will be refunded. After 60 days, plans will be refunded on a pro-rated basis of any unused time. The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, cheques, and money orders. There are no refunds on VMware Enterprise Cloud servers, Dedicated Servers, Private Clouds, Hardware Firewalls, Hosted Email, Hosted Exchange, installation fees, domain name registrations or transfers, or SSL Certificate purchases. Yearly, monthly and yearly-paid-monthly Microsoft 365 subscription plans are only eligible for a refund if the plan is cancelled within the first 7 days. If the Microsoft 365 plan is cancelled after this time, CLIENT must pay for it the service until the subscription period ends (either until the end of the month or end of the year, depending on the plan purchased). For example, if CLIENT has had an account with CWH before, cancelled and signed up again, or if CLIENT has opened a second account with CWH, CLIENT will not be eligible for a refund. Violations of the legal agreement will waive the refund policy.

  3. If CLIENT breaches any part of this contract and CWH has to engage the services of an attorney, the CLIENT will pay any and all of CWH's reasonable attorney fees and court costs.

  4. All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, ie. Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any SLA Credits applied. The fees for additional or upgraded services for which the "Order" is accepted will be due on the anniversary billing date, will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rated charge. All fees will be due for the following renewal terms until cancelled in Section 13a. In the event that a customer does not pay service fees by the Renewal Date, customer will be assessed a fee of $20.00 and must be submitted within 7-days of the customers renewal date. At the end of 7-days, services including Web Hosting Servers and Data, will become inaccessible and will automatically be reclaimed.

 

14. Limitation of Liability

In no event shall CWH or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if CWH has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless CWH from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.

 

15. Changes

CWH reserves the right to revise its policies at any time without notice.

Sign in

Forgot your password?
Create Account
© 2023 CACloud
  • Order
  • Client Area
  • Support
  • Privacy Policy
  • Terms of Service
  • SLA