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Acceptable
Use Policy
Billing
Procedures
Money
Back Guarantee
Uptime
Guarantee
Limitation
of Liability
Reporting Abuse
Violations of these Terms of Service should be referred to
abuse@halifaxhost.com. All complaints will be
investigated promptly. Serious violations of
terms or conditions can be ground for immediate account deactivation
without refund.
Acceptable
Use Policy
HalifaxHost.com provides web hosting to
many clients, and we have a responsibility to protect each client and to provide
the best services available. The following guidelines were designed to ensure
these obligations are met.
These terms and conditions also
apply to resellers and their customers.
Content
All services provided by HalifaxHost.com may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any Canadian Federal, Provincial or Municipal, or any
International laws is prohibited. This includes, but is not limited to:
copy righted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless HalifaxHost.com from any
claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising
is prohibited on all HalifaxHost.com servers. This includes equally
sites that links to such content.
If you are unsure whether or not your
site falls into this category feel free to contact
us with a description before signing up for an account or publish
material as an existing customer.
HalifaxHost.com will be the sole arbiter
in determining violations of this provision.
Also prohibited are sites that promote
any illegal activity or present content that may be damaging to
HalifaxHost.com servers or any other server on the internet.
Links to such materials are also prohibited.
Examples of unacceptable content or
links:
-
Pirated software.
-
Pornography and sex-related
merchandising.
-
Violations of Copyrights.
-
Hacker programs or archives.
-
Warez sites.
-
Hate propaganda.
MP3 and other types of sites designed for
downloading of material by a mass user group. This includes but is not
limited to, Music, video, audio, Software or Freeware or Shareware, Free
Images and backgrounds, and anything else that makes it an excessively
high bandwidth site with the sole purpose to distribute freely products
for download.
HalifaxHost.com will be the sole arbiter
as to what constitutes a violation of this provision.
Reasonable
Limits
We have found most our
customers to stay within "reasonable limits" However, to
maintain the integrity of our service, we must state the following.
-
You cannot run CGI's in your
account FROM another account, either on our server or not.
-
Your cannot must not use more
than 20% of our system's resources
-
HalifaxHost.com will be
the sole arbiter as to what constitutes a violation of these
provisions.
Commercial
Advertising - Email
Spamming, or the sending of unsolicited email, from a
HalifaxHost.com server or using an email address or domain that is
maintained on a HalifaxHost.com machine as reference is STRICTLY
prohibited. We also do not allow you to advertise any website hosted on
our servers in an unsolicited email, regardless of the origin of that
email (i.e. even if you do not send the spam through our servers, or
using an email address from a domain name hosted by us.... if you
advertise a website hosted by us in a spam email, your account will be
terminated. As delegated by our backbone provider, any sites using spam
or selling of spam related software or bulk email content will be
terminated.
HalifaxHost.com will be the sole arbiter
as to what constitutes a violation of this provision.
Spamming WILL get your
account terminated.
Chat Rooms
We do not allow clients to install their own chat rooms.
These tend to be a large drain on system resources and we cannot allow
it as an account option.
Background Running
Programs
CRON JOBs: We may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra charge will be
incurred based on system resources used and operational
maintenance needed.
IRC: We currently do not allow IRC or IRC
bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server, or
customer, of HalifaxHost.com is strictly prohibited. Offenders
will be prosecuted to the fullest extent of the law.
Refusal of
Service
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
Billing
Procedures
Payment Methods: You
must either have a credit card, a PayPal account, or be able to send us
a cheque, bank draft or money order to order a web hosting account from
us. We
accept the major credit cards: Visa, and Master Card. We do not accept debit or e-checks.
Recurring Billing - Credit Cards: We use
WorldPay as our payment processor for credit card payments. When you
sign up for a hosting account and pay with your credit card, your card is charged immediately
for your first month of web hosting, plus any setup fees. You will then automatically be
charged your monthly hosting fee every month thereafter, or annually,
depending on the term you choose.
Recurring Billing - PayPal: When you
sign up for a hosting account and pay with your PayPal account, your
account is billed immediately
for your first month of web hosting, plus any setup fees. You will then automatically be
billed your monthly hosting fee every month thereafter, or annually,
depending on the term you choose.
When Paying by Cheque, Bank Draft or Money
Order: You are required to send us 1 full
year's payment (plus applicable setup fees) if you wish to pay by cheque.
We do not accept month-to-month orders unless you wish to use a credit
card or PayPal.
Cancellation of Service:
If you decide you no longer need or want your web hosting account, you
may cancel at any time. To cancel an account, simply email or fax your
cancellation request to us, and include your name, address, account
username, domain name of the hosting account, and reason for your
cancellation. There will be no further charges to your credit card from
the time that you cancel your account. Charges already made to your
credit card however, cannot be refunded, unless your cancellation is
received within the first 30 days of signing up.
Non-Payment of Service: It
is up to you to keep your account up to date. If your payment is not
received on the due date, your account may be suspended. Suspended
accounts typically remain suspended for a maximum of 30 days, or until
payment is made (when an account is suspended, your website will not be
visible, you will not be able to login, and any email addresses you
created will stop working. No information is deleted when an
account is suspended). If payment is not made within 30 days, your
account will be terminated, and all information in your account (files,
emails, etc) will be lost.
Note: Since our billing is recurring and automatic, the only reason your
account would go unpaid is if your address or credit card details
change, or if there are insufficient funds in your credit card account.
If that is the case then you will be notified by our payment processor
(on our behalf), and advised on how to correct the problem. Failure to
correct the problem in a timely manner will result in your account being
suspended.
Account Terminations: Accounts terminated for non-payment will only
be terminated after a suspension period (i.e. you are given leniency
time to correct the issue). However, accounts that are found to be in
violation of our acceptable use policy, for spamming reasons, or other
violations of our terms of use, particularly when the violation is
causing harm to our equipment, or the accounts of our other customers,
may be terminated immediately without notice.
Chargeback Fees: In the event that your account is suspended due
to disputing the charge through your credit card company, we will incur
a chargeback fee from our payment processor, WorldPay. In the event
that you disputed this charge in error, this chargeback fee will have to
be "taken care of", and you will have to have your recurring
billing re-setup, prior to your account being re-instated. Either the
chargeback fee will have to be reversed by your bank, and then by our
payment processor, OR you will have to place a new order for your
account with a $35.00 surcharge to cover the chargeback fee. Great care
should be taken prior to disputing a charge, because getting the banks
to reverse the chargeback fees may take several weeks, resulting in your
account being down for a long period of time. Accounts suspended due to
chargebacks may be terminated immediately, unless we hear from you right
away.
30
Day Money Back Guarantee/Refunds
If for whatever reason,
you become unsatisfied with our services within the first 30 days of
your account activation, we will refund your hosting fees (including
any setup costs), no
questions asked. Domain name registration fees however, cannot be
refunded. To cancel an account, simply email or fax your cancellation
request to us, and include your name, address, account username, domain
name of the hosting account, and reason for your cancellation.
If you wish to cancel your account(s) after
the 30 days has expired, we do not refund partial monthly fees.
99%
Uptime Guarantee
We guarantee that the network where your hosting account resides
will be "available to the internet" at least 99.9% of the time
every month, excluding scheduled maintenance. If network uptime is not
at least 99.9% in any given month, then you'll receive a credit for
a free month of web hosting. We cannot be held responsible for problems
resulting from services or software running in your hosting account.
Network downtime exists when you are unable to transmit and/or receive
data due to problems with our network, and this downtime is recorded in
our Technical Support ticketing system. The downtime is measured from
the time your trouble ticket is opened (by using our Technical Support
request form), until the time your account is able to transmit/receive
data.
Limitation of
liability
Your use of
HalifaxHost.com's services are at your sole
risk. All HalifaxHost.com services are provided on an
"AS IS" basis WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR
A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion
of implied warranties, so this exclusion may not apply to you in full.
HalifaxHost.com makes no guarantee of
availability of service and reserves the right to change, withdraw,
suspend, or discontinue any functionality or feature of the
HalifaxHost.com service.
IN NO EVENT WILL HalifaxHost.com BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
HalifaxHost.com's SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and
interpretation of this agreement shall be controlled by the laws
of Canada. Any dispute relating to this agreement shall be subject
to the exclusive jurisdiction of the courts in Canada, and the parties
agree to submit to the personal and exclusive jurisdiction and venue of
these courts.
HalifaxHost.com reserves the right to
change or amend these Terms of Service at any time without prior
notice. By submitting your order to HalifaxHost.com, you signify
your agreement to these Terms of Service.
If you do not agree to these Terms, then
please don't submit an order!
Reporting
Abuse
Violations of these Acceptable Uses
Policies and Terms of Service should be referred to abuse@halifaxhost.com.
All complaints will be
investigated promptly. Serious violations of
terms or conditions can be ground for immediate account deactivation
without refund.
Please contact us if you have any questions about these Terms of Service: info@halifaxhost.com
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