Terms of Service (ToS)
WebHostingCanada.org ("The Company") agrees to furnish services to the Subscriber,
subject to the following ToS (Terms of Service).
Use of WebHostingCanada Service constitutes acceptance and agreement to
WebHostingCanada's AUP (Acceptable Use Policy)
as well as WebHostingCanada's TOS (Terms of Service).
All provisions of this contract are subject to the ToS (Terms of Service)
of WebHostingCanada.org and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall not be
grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the province of Quebec, Canada.
Disclosure to Law Enforcement:
The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement agent
who makes a written request without further consent or notification to the
Subscriber. In addition WebHostingCanada shall have the right to terminate
all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified rates and charges from time to
Establishment of this service is dependent upon receipt by the Company of payment
of stated charges within 30 days. Subsequent payments are due on the anniversary
date of the month for that month's service. Accounts and services provided by
WebHostingCanada to Canadian residents are subject to the current tax rate as
imposed by the Canadian Goverment which is currently 6%.
Payments and Fees:
Service will be interrupted on accounts that reach 10 days past due.
Service interrupted for nonpayment is subject to a $50 re-activation fee.
Accounts not paid by the due date are subject to a $10 late fee.
Accounts that are not collectable by WebHostingCanada may be turned over to an
outside collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and Collection" Fee of
If you desire to cancel your account, please follow the proper procedure to do
this as outlined in this ToS.
Money Back Guarantee:
The thirty-day (30) money back guarantee starts from the date of the purchase of the
account as reflected on your receipt/invoice. The money back guarantee does NOT apply
to domain name registrations. Domain name registrations cannot be UNDONE. So make sure
you check the domain name you wish to register before you proceed to make a payment.
If you received a domain name for free as part of a promotion with your web hosting
package, and then you cancel your account, a $25 fee will be applied to compensate
WebHostingCanada the price of the domain name registration.
Refund and Disputes:
All payments for domain name registrations are nonrefundable regardless of usage.
All overcharges or billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit card issuer that,
in WebHostingCanada's sole discretion is a valid charge under the provisions of
the ToS and/or AUP, you agree to pay WebHostingCanada an "Administrative Fee"
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or denial will
not relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
Requests for canceling accounts may be made in writing with at least 30 days notice
but not more than 60 days prior written notice and sent to:
email the cancellation request to firstname.lastname@example.org
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall not be liable for
any damages arising from such causes beyond the direct and exclusive control of
the company. Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent to charges
payable by subscriber for services during the period damages occurred. In no
event shall the company be liable for any special or consequential damages, loss
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered
into our accounts within 7 business days. If the new domain
is registered by the account holder, there will be no handling fee.
If the domain is registered by WebHostingCanada on behalf of the account holder a
handling fee will be incurred.
Transfer of Domains:
Due to the unpredictable nature of the transfer process,
no guarantees are made regarding the amount of time a specific transfer may take.
If the transfer of the domain is done by WebHostingCanada.org on behalf of the account
holder a handling fee will be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered earned.
WebHostingCanada, provides 9-5 Monday-Friday technical support to our subscribers
We limit our technical support to our area of expertise.
The following is our guidelines when providing support:
WebHostingCanada provides support related to your accounts initial setup.
WebHostingCanada does not offer tech support for application specific issues
such as cgi programming, html or any other such issue.
WebHostingCanada does not provide technical support for YOUR customers.
We encourage you to email
Please first check our FAQ's and help files in the program that you are using.
They may have the answer to your question so please do investigate these resources
before calling tech support.
SPAM and Unsolicited Commercial Email (UCE):
WebHostingCanada takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of WebHostingCanada may not use our resources
to transact in UCE. Customers of WebHostingCanada may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through remote SOCKS,
HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection
to the destination mail servers. This technique may result in account suspension
or termination. Violations of this policy carry severe penalties, including
termination of service. In order to prevent unnecessary blacklisting due to spam
we reserve the right to occasionally sample bulk email being sent from servers.
Violation of WebHostingCanada's SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our SPAM policy,
WebHostingCanada will initiate an immediate investigation
(within 48 hours of notification). During the investigation, WebHostingCanada may
restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, WebHostingCanada may,
at its sole discretion, restrict, suspend or terminate customer's account.
Further, WebHostingCanada reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy violation.
WebHostingCanada will notify law enforcement officials if the violation is believed
to be a criminal offense.
As our Customers are ultimately responsible for the
actions of their clients over the WebHostingCanada's resources, it is advisable that Customers develop a
similar, or stricter, policy for their clients.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). WebHostingCanada will monitor Customer's bandwidth and
disk usage. WebHostingCanada shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in WebHostingCanada's sole and absolute
discretion. If WebHostingCanada takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance prior
to such action. In the event that a customer exceeds the included allocation,
WebHostingCanada may, at its sole discretion, collect a deposit, in an amount
determined by WebHostingCanada, against customer's credit card on file with
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the
WebHostingCanada servers. Violations of system or network security may result in
civil or criminal liability. WebHostingCanada will investigate occurrences,
which may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
Accessing data not intended for such User or logging
into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without proper
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such
User is not entitled.
Notification of Violation:
WebHostingCanada is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP has occurred, nor do we
assume any responsibility through our AUP to monitor or police Internet-related
Any User, which WebHostingCanada determines to have violated any element of this
Acceptable Use Policy, shall receive an email, warning them of the violation.
The service may be subject at WebHostingCanada's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that WebHostingCanada determines to have
committed a second violation of any element of this Acceptable Use Policy shall
be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation:
WebHostingCanada reserves the right to suspend network access to any customer
if in the judgment of the WebHostingCanada network administrators the customer's
account is the source or target of the violation of any of the other terms of the
AUP or for any other reason which WebHostingCanada chooses.
If inappropriate activity is detected, all accounts of the Customer in question will
be deactivated until an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the customer's accounts
WebHostingCanada reserves the right to amend its policies at any
time. All resellers and managed servers of WebHostingCanada must adhere to the above
policies. Failure to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of your clients in the
matter described on these Terms and conditions. Therefore, it is in your best interest
to implement a similar or stricter Terms and conditions or otherwise called
Indemnification: WebHostingCanada wishes to emphasize
that in agreeing to the WebHostingCanada's Acceptable Use Policy (AUP) and
Terms of Service (ToS), the customer indemnifies WebHostingCanada for any violation of
the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to
WebHostingCanada or the bringing of any claim against WebHostingCanada by any third-party.
This means that if WebHostingCanada is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages awarded against
WebHostingCanada, plus all legal fees assumed by WebHostingCanada.
You must provide us with, and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be construed as a continuing
or subsequent waiver thereof of any breach of any other provision
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further obligation.
WebHostingCanada takes no responsibility for any material
input by others and not posted by WebHostingCanada.
WebHostingCanada is not responsible for the content of any other websites linked to
the WebHostingCanada Network; links are provided as Internet navigation tools only.
WebHostingCanada disclaims any responsibility for any such inappropriate use and
any liability to any person or party for any other person or party's violation of
WebHostingCanada is not responsible for any damages your
business may suffer. WebHostingCanada does not make implied or written warranties
for any of our services. WebHostingCanada denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused by WebHostingCanada.
It is absolutely forbidden to host pornographic content or IRC
servers on any of our servers.
If customer is found hosting this material, the customer will be subject to immediate
cancellation without refund.
Responsibility for Content: You,
as WebHostingCanada's customer, are solely responsible for the content stored on and
served by your WebHostingCanada account.