Terms of Service
Our terms of service are designed to
be read by the average Joe, not by some high-priced lawyer. Please read this
page carefully prior to ordering services from us, and make sure you understand
what it says. It's a binding contract between Total Host and you. If you have
any questions about what you see on this page, please feel free to contact us
at Admin@TotalHost.ca.
The
Services We Provide
In exchange for the fees you pay in
advance, we will host your website on one or more of our servers, so long as
you abide by the terms and conditions that are set out on this page, and in any
other agreements that relate to the services we may provide to you. We will
provide the services according to the specifications listed for the hosting
package you select during the signup process. For clarity, on this page, the
term "services" refers to the web hosting services that we will
provide to you and, if you are an Affiliate, the services we provide to you in
connection with that program. The term "Total Host" or "us"
or "we" refers to Total Host and TotalHost.ca.
Total Host may provide one FREE
domain name with a new purchase on select hosting plans and/or billing cycles.
This domain will be included for the lifetime of your hosting account. The
domain name will be registered in your name and is yours to keep. The free
domain name applies only to the standard .ca TLD when signing up for a new select
hosting plan. THE FREE DOMAIN DOES NOT APPLY TO DOMAIN TRANSFERS. Should your
hosting account become inactive at any time during the domain registration
year, you will be charged for that year's domain registration.
Permission
to Host Your Content
For us to host your website, it is
necessary for you to upload your content to our servers. When you do this
uploading, you are creating one or more copies of your content on our system.
By purchasing hosting services from us, you acknowledge that these copies are
being made, and give us the permission (a license) to maintain these copies and
make them available to users of the Internet. You are solely responsible for
providing all of the content and other data that make up your website, unless
you have signed up for our website design services.
When
the Services Will be Available
We will attempt to provide the
services 24 hours a day, 7 days a week for as long as you have paid for them.
Sometimes, however, for a number of reasons, the services may be unavailable to
you. You must recognize and acknowledge that due to the nature of web hosting
technology, occasional unavailability of the services cannot be avoided.
Sometimes there are equipment malfunctions. At other times we undertake
periodic maintenance procedures or repairs. Still other times, there are causes
beyond our control like power failures, interruption or failure of
telecommunication or digital transmission links, hostile network attacks,
network traffic and other occurrences. We have not promised to provide you with
uninterrupted service. As a client of Total Host, you have our promise of a
99.9% uptime guarantee. If you feel we have failed to deliver 99.9% uptime then
you must contact us directly in writing. Compensation will be limited to the
total monthly hosting fees paid.
Personal
Information
When you place an order for our
services, your personal information, including your credit card information, is
transmitted via the use of Secure Socket Layer technology, the industry
standard for encrypting sensitive information. We take your privacy very
seriously, and as such, will not sell your personal information to third party
(other than a company that may purchase Total Host, and Paypal, the primary
method of payment), and will take reasonable steps to keep it from being
disclosed to any third party. Read more in our Privacy Policy.
Verification
There are instances in which we may
require verification for your order. You can send the required information to
our email at the address orders@TotalHost.ca. Verifications are reviewed by our
billing department and are deleted and destroyed afterwards. We strongly
believe in your privacy and protection of your sensitive information.
Cancellation
As we explain in this paragraph, we
offer you a money-back guarantee for the remaining year(s) on all hosting plans
if you cancel with us during the first 30 days. Please note, Monthly plans ARE
NOT ELIGABLE for the money-back guarantee. And here is how our cancellation
policy works. It is very simple. If you cancel your account within 30 days of
first signing up, we will provide you with a full refund excluding any setup
fees that were charged when you signed up, and excluding domain registration
fees. If you cancel your account anytime after the first 30 days, then the
remainder of the year in which the cancellation request was submitted will not
be refunded, yet the remaining year(s) would be refunded. The only way to
cancel your account is by submitting a request through email to
Admin@TotalHost.ca. Upon receipt of the request and completion of this
cancellation process, your account will be terminated immediately. Please note
that most cancellation requests are fulfilled within 1-2 business days.
If we register a domain name for you
as part of your hosting package with us, and you decide that you want to cancel
your account during the first 30 days, then we will deduct the cost of the
domain name from the money we refund you. Domains are NOT eligible for a
refund. If you cancel your account after the first 30 days have passed, or
after your account is renewed then unfortunately we will not be able to issue
any refunds. Please note: upgrades to hosting service, domain registration and
transfer and SSL certificates are non-refundable. Our policy regarding web
design services is as follows: We do not issue refunds once we have started
work. If you order design services and cancel before we have started working on
the design and before 30 days have passed then we will refund the full cost of
the design service. In addition, we do not offer refunds on monthly hosting plans
as they are month to month and there are no contracts involved.
Total Host also reserves the right
to cancel your account with 72 hours notice should an event occur in which
proper evidence exists that a customer was exceptionally rude or vulgar in communications
with our staff or if the account has a detrimental effect on the services of
other users and/or causes any other users to have a reduced or disproportionate
level of service.
Rebates
In order to qualify for a rebate
from Total Host, you must provide the following information via email at rebates@TotalHost.ca
- Your welcome and cancellation documents from your
previous host
- The name of the domain to be transferred
- The contract terms and conditions of the previous plan
- The rebate will be issued as a credit to your account
to be applied to your next invoice. The amount of the credit will be the
pro-rated balance for services left on your account with your former host,
not to exceed $50.00.
The information must be provided to
us in the format set out in the website. If the information provided through
that form satisfies our requirements, you will receive your rebate as an
account credit that will apply to your next invoice. Rebates will be granted
only to the registered account holder. The rebate will be given once your
account has remained open for 30 days. We reserve the right to refuse a rebate
if you provide insufficient documentation. Submission of a rebate request via rebates@TotalHost.ca indicates your acceptance of these terms. One rebate will
be given per Client ID. Our determination regarding whether or not you qualify
for a rebate will be final. Rebates are only available on occasion, and these
occasions would be announced.
Automatic
Renewal
When you sign up, your Total Host
account will be enabled with auto-renewal, which means that when your renewal
date arrives, your hosting plan and domain will be renewed. When it is time for
renewal, the credit card you have on file with us will also be charged. If you
wish to not have this happen, and you would not like to renew your account, you
must cancel 14 days prior to your renewal date. If you have any questions as to
when your renewal date is, simply send an email to orders@TotalHost.ca. If you
fail to cancel 14 days prior to renewal, your account will be renewed for a new
term, so please be sure to send a cancellation email to the address located above if you do not want to renew. The
renewal fee will become non-refundable as soon as it is charged.
If more than 14 days pass from the
date on which any invoice for the hosting services is issued to you and we have
not received payment in full, we will suspend your account, which means that
your data and website will not be available. If in the following 30 days you
pay all amounts due, bringing your account up to date, we will take your
account out of suspension and the data will be available again. If, however, 30
days pass from the date on which your account was renewed and you have not made
payment in full, Total Host shall have the right to delete all data you have
uploaded to the servers. You hereby acknowledge that this is Total Host's
policy when it comes to data retention, and waive all rights in and to your
data in these situations.
All advertised promotions,
discounts, or special offers valid for the first term only on 12 month billing
cycles or longer unless otherwise stated.
Backups
We will make every attempt to retain
weekly backups of your data free of charge. However, as with any data storage
systems, backups can fail. We encourage you to perform your own backups on a
periodic basis.
Website
Security
TotalHost.ca utilizes advanced,
industry standard, tools and protocols to keep our servers secure and to
mitigate potential threats. These tools cannot secure against all possible
threats however. Because of this, it is customer's sole and exclusive
responsibility to determine if the security measures Total Host employs are
appropriate for their needs. In particular, customers must ensure that scripts,
applications, or programs used in conjunction with their website/account are
secure and up to date.
This includes, but is not limited
to, updating scripts, applications, or programs to the latest secure version
available; maintaining and updating of passwords or other login credentials on
an ongoing basis to ensure the security of their site and the security of other
users on the server. Any scripts, applications, or programs available via the
control panel interface are solely the customer's responsibility to update and
secure.
Total Host will not be liable for
loss or damages of any kind, under any legal theory, caused by the customers
failure to comply with the foregoing security obligations or caused by any
person to whom the customer grants access to the services we provide.
Customers agree to notify TotalHost.ca
no later than thirty minutes of their discovery of any unauthorized uses of
their services or any other breaches of security, and to cooperate fully, at
Customer's expense, with any investigation and mitigation activities TotalHost.ca
deems necessary.
Acceptable
Use/Illegal Activity
Total Host strives to maintain a
high-level of service, and a lot of customers depend on our high standards of
quality. As such, we will not provide services to those that are using our
services for:
- Hacking, which includes, for example penetrating or
attempting to access, without authorization, another computer or network.
Port scans, stealth scans, and fraudulent credit card "phishing"
techniques are also prohibited.
- Hosting of files or other data that infringes on
another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We
maintain a strict policy on spamming, which includes the sending of
unauthorized commercial messages by use of our services, or by maintaining
an open SMTP connection. We reserve the right to refuse or terminate service
based on reasonable indications that you are engaged in spamming of any
sort.
- Uploading or linking to any content that violates
another's right of publicity or privacy.
- Distributing hate speech, or any other content that is
obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If
any such content is found and brought to our attention, the proper law
enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied
("linked") to your hosting account. Total Host encourages users
looking for file storage/backup solutions to seek other services that
specialize in this.
- Hosting, storing, or distributing pornographic material.
This includes sites that may provide links to adult content elsewhere. In
addition, our servers and services may not be used for the propagation,
distribution, housing, processing, storing or otherwise handling in any
way lewd, obscene, or satanic materials.
- Total Host does not allow the hosting of proxy websites
on any of our shared hosting plans.
Disproportionate
loads placed on the server.
While our shared services are
suitable for the bulk of our customers, there comes a time for some websites when
they are better suited for a larger plan, which allows for more dedicated CPU
and memory resources. We reserve the right, in our sole discretion, to
discontinue service to any customer with a website or other hosted data that
takes up more than 10% of the resources of the server's CPU. This means that if
your website is found to be utilizing more than 10% of the CPU and memory of
the service, we reserve the right to take your site offline. If this becomes
necessary, we recommend that you upgrade your hosting package. Due to the
severity of this, and our ability to act quickly to correct these situations to
avoid server issues, we will do everything reasonably feasible to provide you
with a warning prior to taking your site offline, but we accept no obligation
to do so.
These
Terms of Service May Change
Due to our evolving business, and
the changing nature of the web hosting industry, these terms of service may
change. We will post the changes here, and your continued use of the service
means you accept the changes we have made.
DMCA
Copyright Infringement Information
In accordance with the Digital
Millennium Copyright Act, we have adopted a policy to suspend or terminate the
accounts of website owners found to be in violation of copyright. We respect
the intellectual property of others, and we ask you to do the same. We may, in
appropriate circumstances and at our discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that your work
has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide our
Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
Our agent for notice of claims of
copyright infringement can be reached as follows:
By mail:
TotalHost.ca Security
52 Bayswater Ave,
Suite 512
Ottawa, Ontario
K1Y 4K3
Or
By email: Admin@TotalHost.ca
Indemnification
If Total Host is sued or threatened
with a lawsuit from a third party because of something you do with the
services, or as an affiliate you agree to pick up the tab if Total Host is
found liable or pays to settle the dispute. In legal terms, this is called
"indemnification." Not only do you agree to reimburse Total Host for
what it pays to satisfy a judgment or settle a case, you also agree to pay Total
Host's reasonable attorney's fees and all other costs Total Host incurs in
defending itself.
Disclaimer
of Warranties
You may have noticed that up to this
point these terms of service have been kind of easy to read and understand. But
our lawyers tell us that this section, dealing in the disclaimer of warranties,
has to retain its legalese style. Sorry about that. Total Host EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Total Host MAKES NO WARRANTY THAT
ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. Total Host DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING
THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not
allow the disclaimer of implied warranties, in which event that foregoing
disclaimer may not apply to you.
Limitation
of Liability
Here is another section that has to
retain its legalese. Simply stated, what this section is saying is that if
something goes wrong, Total Host cannot be held liable for it. IN NO EVENT
SHALL TOTAL HOST BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED
ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED
AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR
LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TOTAL HOST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some provinces/states may not allow such a broad
exclusion or limitation on liability for damages as contained in these terms of
services. In those provinces/states, our liability is limited to the full
extent permitted by law. You agree that in no event shall our maximum aggregate
liability exceed the total amount paid by you for the services in dispute
purchased from us, or, in the event of liability of Total Host due to your
enrollment in the affiliate program.
Governing
Law and Choice of Form
The laws of Canada, the Province of
Ontario will govern this Agreement, without reference to rules governing choice
of laws. Any action relating to this Agreement must be brought in the federal
or state courts located in Ottawa, Ontario, Canada.
When
These Terms Take Effect
This agreement becomes effective
once you submit your order with us or open an account with us for web hosting
services of any kind (dedicated, vps, shared, etc.) or open a web design account.
If you are an existing customer, and you do not agree with the terms herein,
please cancel your account. Otherwise, if you sign up for or continue to use
the services, you agree to what is written here. If you have any questions
regarding these terms of service, feel free to email us for clarification.
By using Total Host you agree to the above terms of service.
