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.
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.
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.
CLIENT must return to CWH all IP addresses issued by CWH to CLIENT if CLIENT discontinues service with CWH or if CWH discontinues service.
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.
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 your 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 email@example.com.
The use of a shared, VPS or reseller account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
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.
The following are restrictions on shared hosting plans:
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 your account. You agree 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 during weekly backup.
Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. Please contact firstname.lastname@example.org for optional backup services. It is your responsibility to maintain backups.
Please refer to our in-depth CACloud Service Level page.
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.
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.
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.
CWH reserves the right to revise its policies at any time without notice.