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TERMS OF SERVICE
1. The phrase "the Company" refers to DotHost Solutions. The phrase "the subscriber" refers to the person or entity which uses services provided by DotHost Solutions. The placing of your order constitutes acceptance of these Terms and Conditions.
2. It is agreed if at any time within 30 days, the subscriber is not completely satisfied with DotHost Solutions's Web Hosting services, the subscriber simply needs to cancel their account and the Company will refund the subscriber's money less any overages. This refund applies only to hosting fees, and not domain registration and/or transfer fees. The method of reimbursement is not limited to the same method original payment was made.
All cancellations must be done by email to billing@dothost.ca stating cancel, domain name, user name, password within 30 days from activation.
To read more on the refund policy, please click here.
The subscriber agrees that any cancellations beyond the 30 Day grace period will be considered as early termination and all subscriber fees shall be forfeited as liquidated damages to the Company.
There is no exception to this policy.
3. Services provided to the subscriber by the Company may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Agreement to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes. This includes SPAM and ADULT MATERIALS.
4. Any attempt to violate the security, stability, or integrity of any of DotHost Solutions's servers is strictly prohibited and grounds for immediate cancellation of services and legal action. Any attempt to harm the integrity or reputation of DotHost Solutions is strictly prohibited and grounds for immediate cancellation of services and legal action.
5. All Trademarks are property of their respective owners.
6. The subscriber agrees to indemnify and hold harmless DotHost Solutions, its officers, shareholders, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from the subscriber's use of hosting services in any manner, whether directly, indirectly or by any act of commission or omission.
7. The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (i) to the subscriber's use any Hosting Services, and (ii) the communications means by which the subscriber connects their terminal or PC to Hosting Services or any other service provided by the Company.
8. Hosting payments are due prior to the setting up of the subscriber's account.
9. In the event the Company is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Company.
10. The subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account is terminated, for any reason, by either the Company or the subscriber. This does NOT apply to subscribers who have contracted the Company to create their site. These subscribers will have their site content delivered to them by email or postal mail in the event the subscriber's account is terminated.
11. The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.
12. Accounts on DotHost Solutions's servers can be canceled at any time by either the Company or the subscriber, upon receipt of written notice sent by the subscriber to the email address of the Company listed in this Contract, or by the Company, upon 10 days written notice sent to the last mailing address listed with the Company by the subscriber on the Account Application. It shall be the responsibility of the subscriber to update the Company informed with a valid mailing address to which notice can be sent. The foregoing provisions to the contrary notwithstanding, the Company can immediately terminate the subscriber's access to DotHost Solutions's servers for breach of any part of this agreement.
13. The Company shall have the right to suspend service to the subscriber at any time, for reasonable cause (such as Unsolicited Commercial Email, overage in bandwidth, excessive system resource usage, adult content, etc.). DotHost Solutions will be the sole arbiter as to what constitutes a reasonable cause.
14. The subscriber certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the subscriber's account provided by DotHost Solutions.
15. LIMITED WARRANTY. DOTHOST SOLUTIONS WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, DOTHOST SOLUTIONS WILL, UPON AUTO CANCELLATION, REFUND THE HOSTING SERVICE FEES LESS SET-UP FEES PROVIDING THE SUBSCRIBER CANCELS THEIR DOTHOST SOLUTIONS HOSTING ACCOUNT WITHIN 30 DAYS FROM THE ACCOUNT'S START-UP DATE. AFTER 30 DAYS THE SUBSCRIBER AGREES THAT ALL FEES WILL BE FORFEITED AS LIQUIDATED DAMAGES, AND WILL NOT BE RETURNED TO THE SUBSCRIBER FOR ANY REASON.
OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY DOTHOST SOLUTIONS REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE HOSTING SERVICES OF OTHER SERVICES PROVIDED BY DOTHOST.CA, AND THEREFORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. LIMITED LIABILITY. ANY LIABILITY OF THE Company INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE Company FOR THE CURRENT MONTH.
17. SPAM. DotHost Solutions does not allow email spamming from accounts on their machines or from any machine not on our network where the recipient of the bulk mailing response is either a web site hosted by DotHost Solutions or an email account on a DotHost Solutions server. "Spamming" is defined as sending unsolicited email to a list of email addresses. We judge whether an email spam has occurred by the nature and volume of complaints we receive from people who receive the email. When you have Web space with DotHost Solutions and spam from another account or machine advertising a site you have hosted with DotHost Solutions, you could LOSE YOUR ACCOUNT, with no questions asked. the same is for unsolicited or unrelated newsgroup postings.
18. No warranties are expressed or implied. No warranties with respect to the service to be provided hereunder, client acknowledges that DotHost Solutions makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that DotHost Solutions shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of DotHost Solutions. Client hereby agrees to indemnity and hold harmless DotHost Solutions from any and all claims of whatever nature brought by any of client's customers against DotHost Solutions.
19. Upon acceptance of the subscriber's Account Application and upon payment as provided therein, the subscriber will be provided with the subscriber's personal access instructions and access to the Hosting services selected, which permissions shall remain valid and in force and effect during the term of this Agreement.
20. The subscriber agrees to comply with all hosting policies as noted prior to signing up with DotHost Solutions's services. The subscriber agrees that if they are not in compliance at any time, at the Company's discretion, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination all subscriber fees shall be forfeited as liquidated damages to the Company.
21. Due to the ever changing and upgrading of the hosting industry, prices and hosting plans may change at any time. The Company agrees to keep subscriber's account at the rate signed up for for the term of the original agreement. Thereafter the Company has the right to pro-rate the account rate to the current rate. The subscriber agrees that they will accept any hosting feature changes that may take place during the time of the agreement.
22. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guarantees, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
23. These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect.
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