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.
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.
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.
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.
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.
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.
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:
52 Bayswater Ave,
By email: Admin@TotalHost.ca
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.