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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. (Hereinafter CWH) and the applicant, you: (hereinafter CLIENT) who wishes 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, state and local laws.
- Relationship Between CWH and CLIENT
a) CWH will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b) CLIENT's rights and privileges cannot be sold or transferred without the written consent and approval from CWH sixty (60) days in advance.
c) 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.
d) CLIENT agrees not to harm CWH, it's reputation, computer systems, programming and/or other CLIENTS using CWH's services.
- 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.
- 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.
- 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.
- 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.
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:
- Email Marketing
- 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/Bank Debentures
- 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
- 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
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
- Resource Usage
The following 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. You may link to torrents off-site, but may not host or store
- Running any file-sharing/peer-to-peer activities
- Running any game servers such as Counter Strike, Half Life, BattleField, 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 your 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
- 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 on a random day, 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 gigs of disk space will be removed from daily and weekly backups.
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.
- Uptime Guarantee
If your shared or reseller hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month. Justification must be given to CWH in writing via email to email@example.com within 15 days of previous month end and approval of credit is at the discretion of CWH. All requests must be made in writing via email. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared and reseller plans. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
- 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.
- 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.
- Term of Contract, Termination, and Renewal
a) 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.
b) All cancellations by CLIENT of service or changes in service must be done in writing to CWH. It can be done by email (firstname.lastname@example.org), fax(1-604-283-1729) or via regular postal to Canadian Web Hosting, PO BOX 97008 Richmond Main Post, Richmond, BC V6Y 4H4, Canada. 60 day money back guarantee is offered on shared hosting plans, VPS plans and reseller plans. If cancellation is requested within 60 days of initial setup date, then the full hosting fees will be refunded. After 60 days of cancellation, it will refunded on a prorated basis of any unused time. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, Western Union Money Transfer, cheques, and money orders. There are no refunds on dedicated servers, install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
c) 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.
d) 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, and 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 on the anniversary billing date 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 onetime pro-rata charge on the next Billing date. 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.
- 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.
CWH reserves the right to revise its policies at any time without notice.