Terms of Service
Terms of Service / Acceptable Use Policy / Privacy Policy
Effective January 12th, 2009.
This Terms of Service is between the Customer/Subscriber ("Client") and UptimeArchive, Inc operating as UptimeHost.com ("UptimeHost.com"), located at 4915 Bathurst Street, Suite 209. Toronto, Ontario M2R 1X9. Canada.
General Information
UptimeHost.com Terms Of Serivce ("TOS") document is designed to provide
a clear understanding of regulations, restrictions regarding the user of
UptimeHost.com services. UptimeHost.com reserves the right
to modify the Acceptable Use Policy from time to time, effective on the
date of posting. UptimeHost.com may not notify the
customer of the change, however it is the customers responsibility to
frequently check back to ensure they are upto date
with the policy. By using our services, and agreeing to the Terms of
Service ("TOS"), you agree to abide by the TOS
as modified from time to time. Any violation of the TOS may result in the
suspension or termination of your service
without notice and without refund. An activity that is unlisted may also
be a violation of the TOS if it is illlegal,
irresponsible, or disruptive to the use of the Internet. You also understand and agree to the Acceptable Use Policy and Privacy Policy, which is part of the TOS. THE VIOLATION
OF ANY TOS OR ANY OTHER POLICY IS STRICTLY
PROHIBITED AND MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION FROM
THE SERVICES PROVIDED BY UptimeHost.com. YOU SHALL
REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY
AND ALL CONTENT THAT YOU DISPLAY, UPLOAD,
DOWNLOAD OR TRANSMIT THROUGH THE USE OF UptimeHost.com SERVERS.
"CONTENT" INCLUDES, BUT NOT LIMITED TO; E-MAIL, WEB PAGES,
PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS UptimeHost.com POLICY TO
TERMINATE REPEAT OFFENDERS, UptimeHost.com RESERVES THE
RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME, WITHOUT REASON.
Customer Responsibility: Security
The customer is responsible solely for any breaches of security affecting
servers under the customer's control. If a
customer's server is involved in an attack on another server or system, it
will be immediately shut down and an
investigation will begin. It is the customers responsibility to rectify
any damange done to the customer's server and
any other requirement affected by the security breach. The labour used to
rectify any such damage is categorized as
emergency security breach recovery and is charging $150 USD per hour.
System and Network Security
Violations of system or network security is strictly prohibited, and may
result in crimial and civil liability.
UptimeHost.com may investigate incidents involving such violations and
may involve and will co-operate with law enforcement
if a criminal violation is suspected. The following are some examples of
network or system violations:
- High-risk services, which are services which tend to attract
denial of service attacks, are strictly
prohibited. This includes,
but is not limited to, IRC related services and selling of shell
accounts.
- Interference with service to any user, host or network
including, without limitation, mailbombing, flooding,
deliberate attempts
to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header
information in an e-mail or newsgroup
posting.
- Unauthorized monitoring of data or traffic on any network or
system without express authorization of the
owner of
the system or network.
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the
vulnerability of
a system or network or breach security or authentication measures
without express authorization of the owner of
the system or
network.
Violators of the policy are responsible,
without limitations, for the cost of labour to
clean up and correct any damage done to the operation of the network and
business operations supported by the network,
and to respond to complains incurred by UptimeHost.com. Such labour is
categorized as emergency security breach recovery and
is currently charged at $150 per hour.
Password Protection
The customer is responsible for protecting customer's password and for any
authorized or unauthorized use made of customer's password. The customer
will not use or permit anyone to use UptimeHost.com service to guess
passwords or to access other systems or networks
without authorization. UptimeHost.com will fully cooperate with law
enforcement authorities in the detection and prosecution
of illegal activity.
Contact Information
Customers are responsible for maintaining their contact
information in the ticketing system such that the email address is always
reachable even in the event of their UptimeHost.com
servers being shut down.
Internet Etiquette
The customer is expected to be familiar with and to practice good
Internet etiquette (Netiquette). The customer will comply with the rules
appropriate to any network to
which UptimeHost.com may provide access. The customer should not post,
transmit, or permit Internet access to information the
customer desires to keep confidential. The customer is not permitted to
post any material that is illegal, libelous,
tortuous, indecently depicts children or is likely to result in
retaliation against UptimeHost.com by offended users.
UptimeHost.com reserves the right to refuse or terminate service at any
time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation of the
policies of the IRC channel or USENET group.
Billing
The customer understands that the customer is responsible for paying for
any network resources that are used to connect the customer's server to
the
Internet. The customer may request that the customer's server be
disconnected from the Internet, but the customer will
still be responsible for paying for any network resources used up to the
point of suspension or cancellation.
Suspension
UptimeHost.com reserves the right to suspend network access to any
customer if, in the judgment
of the UptimeHost.com network administrators, the customer's server is
the source or target of the violation of any of the
other terms of the TOS or for any other reason which UptimeHost.com
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
contacting regarding the activity. The customer will
not be credited for the time the customer's machines were suspended. The
Customer will be credited on a prorated basis
based on the monthly fees the Customer pays for the servers that are
suspended for the time the Customer's machines were
suspended.
Payment Obligation
Full payment is required in advance before hosting service is established.
UptimeHost.com sends out invoices that are due every pay period. You are
given
fifteen (15) days to fully pay the invoice. We do not automatically charge
your credit card. You warrant and represent that the information you
supply
in the Order Form (or other information that UptimeHost.com may requre)
is accurate and truthful. All payment-due notices will be sent by e-mail.
No bills
or invoices will be sent by postal mail or fax. If payment was not
received by the due-date, your account will be suspended until payment is
received.
To have your account re-established, you will need to pay the monthly
fees, plus any interest accumulated at the rate of 12.35% per year. There
is
a $35 fee for bounced cheques and a $45 processing fee for chargebacks.
Renewals
Your account will be automatically renewed under the same time and fee
structure unless you give written notice to UptimeHost.com thirty (30)
days before the renewal date that you do not wish to renew such account.
Cancellation request can be submitted through the cancellation request form found within the cloud manager.
Cancellation
UptimeHost.com reserves the right to cancel service at any time. 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 contacting
regarding the activity. All fees paid in advance of cancellation are
non-refundable if UptimeHost.com institutes its right of
cancellation. Any violation of policies which results in extra costs will
be billed to the customer (i.e. transfer,
space etc.).
Customer's may cancel their account by filling out the relevant form
located inside of the client area at least 30 days prior to the
end of the current aggreement.
30 Day Money Back Guarantee
UptimeHost.com offers an unconditional money back guarantee on hosting services if we fail to satisfy your needs. If you are unhappy with the service within the first 30 days of the initial payment, we will refund all monies minus any applicable setup fees, domain regstrations or non-refundable service charges such as professional services.
Telephone Support
UptimeHost.com offers telephone support with its service. All included telephone support is carried out during business hours.
Indemnification
UptimeHost.com wishes to emphasize that in signing the Master Services
Agreement or its equivalent, customer indemnifies UptimeHost.com for any
violation of the Master Services Agreement or its
equivalent, law or TOS that results in loss to UptimeHost.com or the
bringing of any claim against UptimeHost.com by any
third-party. This means that if UptimeHost.com is sued because of a
customer's or a customer of a customer's activity, the
customer will pay any damages awarded against UptimeHost.com, plus costs
and reasonable attorney's fees.
Disclaimer of Responsibility
UptimeHost.com is under no duty to look at each customer's or user's
activities to determine if a violation of the TOS has occured, nor do we
assume any responsibility through our TOS to
monitor or police Internet-related activities. UptimeHost.com is not responsible for any damages caused to the client by direct or indirect result of failure of our service. UptimeHost.com disclaims
any responsibility for any such inappropriate use and
any liability to any person or party for any other person's or party's
violation of this policy.
All Sub-Networks,resellers and managed servers of UptimeHost.com must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation without refunds if applicable.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE TOS AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS
OF THESE TOS BY YOU.
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