Terms of Service
By subscribing to canuckhosting.ca, Subscriber hereby agrees to the following:
- In consideration for hosting services to be delivered, Subscriber agrees to be bound by the following terms:
- Subscriber agrees to pay for hosting services rendered in advance of each monthly or annual service term.
- Subscriber agrees to be bound by the service term selected on the order form or via applicable promotional codes.
- Subscriber agrees to a no-refund policy in advance. Setup fees and monthly/annual service fees are non-refundable.
- Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $5 reconnection fee. All outstanding invoices must be paid prior to any further provision of service.
- Subscriber agrees to adhere to the canuckhosting.ca Acceptable Use Policy
- Services provided are limited to the hosting account, and support to ensure the account is working as advertised. The subscriber is responsible for the maintenance and operation of all web pages, scripts etc.
- Subscriber agrees not to engage in activity that violates federal (Canada), provincial (Ontario) laws, or any laws in their local jurisdiction applicable to the service terms described herein.
- canuckhosting.ca reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Service.
- Subscriber agrees to indemnify and hold harmless canuckhosting.ca and the employees and agents of canuckhosting.ca against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- CANUCKHOSTING.CA SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF canuckhosting.ca'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CANUCKHOSTING.CA PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CANUCKHOSTING.CA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND CANUCKHOSTING.CA SHALL HAVE NO LIABILITY THEREFORE.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.