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.