Terms Of Service
*All payments to host4u.ca are non-refundable*
host4u.ca ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of host4u.ca and TOU. The TOS may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS 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 state of Quebec
Disclosure to Law Enforcement: The TOU 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 host4u.ca shall have the right to terminate all service set forth in this Agreement.
1. Service Rates: 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 time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
2. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
3. 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.
4. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to host4u.ca.
5. 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 or injury.
6.Support Boundaries: host4u.ca provides technical support to subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: host4u.ca provides support related to your website or virtual site functioning. host4u.ca does not offer tech support for application specific issues such as cgi programming, html or any other such issue. host4u.ca does not provide technical support for YOUR customers. If you can email, we encourage you to email email@example.com for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
7. SPAM and Unsolicited Commercial Email (UCE): host4u.ca 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 host4u.ca may not use or permit others to use our network to transact in UCE. Customers of host4u.ca may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of host4u.ca's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, host4u.ca will initiate an immediate investigation (within 48 hours of notification). During the investigation, host4u.ca may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, host4u.ca may, at its sole discretion, restrict, suspend or terminate customer's account. Further, host4u.ca reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. host4u.ca will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that host4u.ca personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the host4u.ca network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
EFFECTIVE IMMEDIATELY, any websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their virtual host immediately removed from our server.
a. IP Address Ownership: If host4u.ca assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to host4u.ca, and Customer shall have no right to use that Internet Protocol address except as permitted by host4u.ca in its sole discretion in connection with the Services, during the term of this Agreement. host4u.ca shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by host4u.ca, and host4u.ca reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
b. 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"). host4u.ca will monitor Customer's bandwidth and disk usage. host4u.ca 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 host4u.ca's sole and absolute discretion. If host4u.ca 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, host4u.ca may, at its sole discretion, suspend the customer's account if it is not possible to get in touch with the customer.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the host4u.ca Network. Violations of system or network security may result in civil or criminal liability. host4u.ca 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
9. Notification of Violation:
a. host4u.ca is under no duty to look at each customer's or user's activities to determine if a violation of the TOU has occurred, nor do we assume any responsibility through our TOU to monitor or police Internet-related activities.
b. First violation: Any User, which host4u.ca determines to have violated any element of this TOU, shall receive an email, warning them of the violation. The service may be subject at host4u.ca's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
d. We reserve the right, to disable the account responsible of Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
10. Suspension of Service or Cancellation: host4u.ca reserves the right to suspend network access to any customer if in the judgment of the host4u.ca network administrators the customer's virtual host is the source or target of the violation of any of the other terms of the TOU or for any other reason which host4u.ca 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 machines were suspended.
11. host4u.ca reserves the right to amend its policies at any time. All resellers and managed servers of host4u.ca 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 in the matter described on these Terms and conditions.
12. Indemnification: host4u.ca wishes to emphasize that in agreeing to the host4u.ca TOU and Terms of Service (ToS), customer indemnifies host4u.ca for any violation of the TOU and Terms of Service (ToS) that results in loss to host4u.ca or the bringing of any claim against host4u.ca by any third-party. This means that if host4u.ca is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against host4u.ca, plus all costs and attorney's fees.
13. Miscellaneous Provisions:
a. host4u.ca is not responsible for the content of any other websites linked to host4u.ca; links are provided as Internet navigation tools only. host4u.ca 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 this policy.
b. host4u.ca is not responsible for any damages your business may suffer. host4u.ca does not make implied or written warranties for any of our services. host4u.ca 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 host4u.ca.
c. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
14. Responsability for Content: You, as host4u.ca's customer, are solely responsible for the content stored on and served by your website.