This Terms of Service Agreement (TOS) is a formal and legally binding agreement between Maritimes-Hosting.com. (we, Company) and You, the service user (you, Subscriber). By signing up to our service constitutes automatic acceptance and agreement to our Terms of Service Agreement in full.
At Maritimes Hosting we strive to provide the client with high quality website hosting that a successful website needs. The following terms of service are in place to ensure the integrity of all services provided by Maritimes Hosting and are vital to the quality of service that Maritimes Hosting offers each account holder, or any other 3rd party who may access Maritimes Hosting network for any authorized purpose.
II. Client Consent to the Terms of Service set Forth:
By requesting an account from Maritimes Hosting or accessing any part of the Maritimes Hosting network for any reason, the client act's as a responsible user who understands the consequences of violating the Terms of Service and agrees to act in accordance with each of the Terms provided below. The client also understands that your continued use of the service constitutes as in agreement to the Terms and Conditions Set Forth. Maritimes Hosting may terminate your account at any time if you fail to comply with these rules.
III. Modifications and Changes:
Maritimes Hosting agrees to make an effort to notify each and every account holder through the primary address on file, Maritimes Hosting reserves the right to modify, update, change and/or revise the Terms of Service at its sole discretion without notice to the client. Unless otherwise stated, changes are in effect upon the posting of such changes. Continued use of the Maritimes Hosting services constitutes as acceptance of such change.
IV. Use of Services:
1. The client agrees to use Maritimes Hosting services for lawful purposes only, in compliance with all applicable laws in the province of Ontario, Canada and the client's residence.
2. Maritimes Hosting accounts are provided for use in conformance with these Terms of Service. Maritimes Hosting reserves the right to investigate of any suspected violations of these Terms of Service. When Maritimes Hosting becomes aware of any possible violations, Maritimes Hosting may initiate the investigation which may include gathering information from the client, any others involved, and the complaining part, if any, and an examination of the material on Maritimes Hosting`s servers.
3. During an investigation Maritimes Hosting may suspend the account(s) of the client or any others involved and/or remove the material involved from the Maritimes Hosting servers. Maritimes Hosting is not responsible in any way for damages resulting. If Maritimes Hosting believes that a violation of the Terms of Service set forth has occurred, Maritimes Hosting may take action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of the material from Maritimes Hosting`s servers. Maritimes Hosting at it's sole discretion will determine what action will be taken in response to the violation of the Terms of Service by a case-by-case basis. Violations of the Terms of Service may subject the client to criminal or civil liability.
4. Maritimes Hosting agrees to perform and provide to the client, services consisting of non-exclusive electronic access to a digital information processing, transmission and storage system to store the clients website and make the site available on and via the internet as specified herein.
5. Maritimes Hosting shall attempt to provide the services twenty-four hours a day, seven days a week throughout the term of this agreement. Should we fail to deliver 99.8% uptime, you will receive a credit for 10 times ( 1,000% ) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.1% allowed), you will receive 10 hours of credit. All requests for compensation must be received within 3 business days of the incident in question.
This Policy excludes all scheduled maintenance, reboots, acts of god, backbone issues, DDoS attacks, hardware failures or data center induced outages. For accurate uptime monitoring please use a third party monitoring system.
5A: Customers shall not receive any credit if the uptime guarantee is not met due to one of the following failures.
1. Circumstances beyond reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God," strike or any other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supply, or power used in or equipment needed for provision of the Terms of Services.
2. Telco Failure
3. Backbone peering point issues.
4. Scheduled Maintenance for hardware/software upgrades.
5. Hardware/Software Failure.
6. Software bugs/flaws.
7. DNS Issues not within direct control of Maritimes Hosting
8. Network floods, hacks, attacks for an outside party or individuals.
9. Failure or error of any Maritimes Hosting monitoring or measurement system.
6. Adult/Pornographic Content is not allowed on Maritimes Hosting servers, this includes sites that may allude to sexual content and/or links to adult content elsewhere. Child pornography of any kind is strictly prohibited and will be reported to the authorities if found. Maritimes Hosting reserves the right to determine what violates this policy.
7. NO-SPAM Policy: The account holder shall not use, nor recklessly or knowingly permit others to use any part of the Maritimes Hosting network to send unsolicited messages of any kind, regardless of the content and nature of the messages.
8. Prohibited Software: The following software is NOT allowed on the Maritimes Hosting servers due to a number of issues. The list is not complete or comprehensive, and additional software may be added without notice. In most cases if a user is found to be using prohibited software, a notice will first be sent out. In rare cases, it may not be possibly for a timely notification to be sent out, and immediate suspension may follow.
9. Network/Server Abuse through Flooding: Flooding is strictly prohibited on Maritimes Hosting servers. Flooding can be done through numerous ways, and is not limited to, ICMP Flooding, Mail Bombing, Fork Bombing, Mail Mailings, CTCP Flooding, as well as other methods.
10. Users found to be running programs such as packet sniffers, password crack programs and other similar utilities on their account will be terminated immediately. This also includes any attempts to compromise servers outside of Maritimes Hosting`s network.
11. Abuse of System Resources: If a user is found to be using an excessive amount of system resources for a large amount of time, the user's may be suspended for the well being of other users. This is not limited to, but includes, network bandwidth, hard drive space, memory usage and processor usage.
12. Unauthorized Daemons are strictly prohibited. An unauthorized daemon is any process that continuously runs in the background that has not been started by Maritimes Hosting and does NOT have the written consent of Maritimes Hosting to operate. Programs that open listening sockets, whether TCP, UDP, Or Unix are forbidden.
13. File sharing networks are strictly prohibited due to the close relationship with illegal activities. File sharing/trading/exchange networks include, but are not limited to IRC, Usenet, Kazaa, Gnutella, Bit Torrent.
14. Bots are strictly forbidden from the Maritimes Hosting network. This includes IRC Servers, IRC Bots, proxies, anonymizers and content spiders.
V: Payment Policies.
1. The client acknowledges, agrees to and assumes full responsibility for making timely payment to Maritimes Hosting Timely payment includes keeping the account and billing information up to date. It is the Client's responsibilities to timely notify Maritimes Hosting of any changes in the client's information.
2. Maritimes Hosting gives a customer two weeks over payment deadline, and if payment is not received within that time, the account may be suspended.
3. In the event that a client chooses to cancel service from Maritimes Hosting, the client must cancel through the following methods;
A. By emailing sales [at] maritimes-hosting.com.
The following information will be required when cancelling your account.
A. Your Full Name
B. Website Address
C. Website Username
D. Website Password
Cancellations must be received 7 days before the next bill is due. In the event that the cancellation comes with less than 7 days before the next bill, the bill will be charged at the FULL rate. In the event that the client has been a client for less than 30 days a full refund will be given. This does not include domain registration fee's, credit card processing fees, or any other fee's that may be associated with the account.
4. Maritimes Hosting`s packages and/or pricing may change at any time. However, all clients that have signed up before any price changes WILL BE grandfathered in to the old pricing scheme provided the account is in good standing and continue to host the same domain with us. The price changes will only effect new sign-ups.
5.Website design projects require a 30% deposit before any work may begin. This is our guarantee should the client decide to back out of the project when we are near completion.
VI: Maritimes Hosting reserves the right to refuse or cancel service at it's sole discretion.VII: Indemnification: You and your agents agree to defend, indemnify and hold harmless Maritimes Hosting and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from Maritimes Hosting or its affiliates.
VIII: Disclaimer of Warranties: USE OF MARITIMES HOSTING SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND ALL SERVICES, PRODUCTS, INFORMATION AND MATERIALS PROVIDED BY MARITIMES HOSTING OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, SERVICE PROVIDERS, LICENSORS OR OTHER AFFILIATED THIRD PARTIES (COLLECTIVELY, "AFFILIATES") ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MARITIMES HOSTING DOES NOT WARRANT THAT ITS SERVICES, PRODUCTS, INFORMATION OR MATERIALS ARE ACCURATE, RELIABLE, CORRECT, VIRUS-FREE, ERROR-FREE OR WILL NOT BE INTERRUPTED FOR ANY REASON. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IX: Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL MARITIMES HOSTING OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF, RESULTING FROM OR RELATING OR IN ANY WAY CONNECTED TO THE USE OR PERFORMANCE OF, OR INABILITY TO USE, ANY SERVICE, PRODUCT, INFORMATION OR MATERIALS OFFERED OR PROVIDED BY OR OBTAINED FROM MARITIMES HOSTING OR ITS AFFILIATES.IN NO EVENT SHALL THE TOTAL LIABILITY OF MARITIMES HOSTING AND ITS AFFILIATES, COLLECTIVELY, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS, EXCEED THE TOTAL PAYMENTS MADE BY YOU DURING THE TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE ALLEGED LIABILITY WAS INCURRED, EVEN IF MARITIMES HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU OR MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Last Modified: December 27th, 2008