Terms & Conditions
CityHosting, www.CityHosting.ca, is operated by CityHosting (2247429 Ontario Inc.).
This service contract (hereinafter the “CONTRACT”) is between CityHosting and the applicant, You: (hereinafter CLIENT) who wishes for Internet Web Hosting and/or Co-location services with CityHosting.
The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.
If you have a credit card account, or similar payment account on file with us, CityHosting will continue to withdraw the payment, from the account you provided, annually on the one (1) year anniversary of the agreement (or you must continue to make payments monthly) until service is cancelled with 30 days written notice by an authorized representative of your company or CityHosting, or you choose another payment period agreed upon by CityHosting. The price of your CityHosting Plan may change over time, and you will be informed within 30 days in written notice of any changes. Current rates, at the time of the change, will be applicable for any outstanding balance.
The lease price of your website hosting, domain or SSL renewal and other products/services may have included prepayment for a period of time for your specified CityHosting Plan. If so, you must arrange payment to CityHosting after this period expires. If you have payment information on file, CityHosting will automatically charge you monthly/annually, as previously explained above.
YOUR RESPONSIBILITY FOR PAYMENT IN SOME CIRCUMSTANCES
In order to get CityHosting services, you agree that you will be responsible for any amount anyone else claims from us (or our service providers, including Her Majesty the Queen in right of Canada, their officers, employees, affiliates and agents) plus any expenses, resulting from any claim, demand or action, regardless of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of or in connection with; (a) the activities contemplated by your agreement with CityHosting, whether brought by you, your employees, or third parties, even if due to the sole negligence of any of the CityHosting service providers; (b) the use or possession of data or information provided in connection with CityHosting services; (c) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to this agreement; or (d) the use, failure to use, or inability to use CityHosting services, except where the claims result from the gross negligence or willful misconduct of any of the service providers.
In addition, if you have authorized CityHosting to charge amounts due against your credit card account or other similar account by supplying a valid credit card or account number, then your agreement in this section extends to claims, expenses, liabilities, or damages arising out of or in connection with use or ownership of the credit card account or other similar payment account, or from the issuer’s refusal to pay amounts charged to such account.
RELATIONSHIP BETWEEN CITYHOSTING AND CLIENT
- CityHosting will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
- CLIENT’s rights and privileges can not be sold or transferred without the written consent and approval from CityHosting sixty (60) days in advance.
- This contract represents the complete understanding between CLIENT and CityHosting. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
- CLIENT agrees not to harm CityHosting, its reputation, computer systems, programming and/or other CLIENTS using CityHosting’s services.
- CityHosting reserves the right to refuse service and cancel a CLIENT account at any time.
WHO ELSE IS COVERED BY THESE TERMS AND CONDITIONS
CityHosting service providers and affiliates are intended beneficiaries of these Terms and Conditions. You agree that you will make any of your customers, employees and guests of your business aware of our rights and are subject to the limitations of these Terms and Conditions.
CITYHOSTING’S RELATIONSHIP WITH YOU
Without exception, these Terms and Conditions do not create any fiduciary relationships between you and CityHosting, or with any of CityHosting’s service providers. It also does not create any relationship of principal and agent, partnership, or employer and employee.
CITYHOSTING MAY ASSIGN YOUR AGREEMENT
CityHosting may assign your agreement or your obligations to pay under it, in whole or in part to anyone CityHosting deems appropriate. You cannot assign your agreement with CityHosting or your obligations to anyone else, without the prior consent of CityHosting.
HOW CITYHOSTING WILL RESOLVE DISPUTES
If both parties involved have a disagreement related to CityHosting services, a meeting will be set up to resolve the issue verbally in a professional manner. If the verbal resolution attempt is unsuccessful, both parties agree to use arbitration, not lawsuits (with the exception of small claims court cases), to resolve the dispute. It is also acceptable to contact a government agency or regulatory authority for help in these scenarios, if needed, too. The arbitration will be conducted pursuant to the applicable arbitration legislation in the Province of Ontario, Canada or in the State of New York, USA. In the event these arbitration requirements do not apply or a claim proceeds in small claims court, both parties hereby waive any trial by jury.
COMMUNICATION WITH CITYHOSTING
Any written notice from you required by these Terms and Conditions will be considered given when CityHosting receives it at the address provided in the introduction of Terms and Conditions. Any written notice from CityHosting required by Terms and Conditions will be considered given when CityHosting sends it by email to any email address you have provided to, or within five (5) business days after the written notice is sent by regular mail to you at the billing address provided. Any verbal notices will be considered given when CityHosting calls you or when you call CityHosting at 1.866.979.3673 (the call is toll-free in the United States and Canada).
WHAT IF YOU SELL YOUR BUSINESS?
You are to notify us immediately if you sell your business. If you choose to sell or transfer your business and neglect to notify us, you will remain responsible for all charges pertaining to CityHosting services or any related domain renewal or hosting fees. It is your responsibility to clear all emails and old website content that you have stored on your CityHosting system before you sell or transfer your business. Any outstanding payments are to be made in full. A new agreement will be established with the new company and our regular payment terms for new accounts will apply.
TRANSFERRING DOMAINS AND EMAILS FROM YOUR CITYHOSTING SERVICE
Where allowed or required by law, and where technology permits, you may take, or “port” a domain assigned to your CityHosting service and it can be used for another service provider. If you request a new service provider to port a domain from us and we receive your request from that new service provider, then we may not be able to provide you with CityHosting service (including email) after completion of the porting process. You may also have to take your computer to a technician to have your computer reconfigured. This may result in CityHosting and/or the dealer charging you additional fees. You are also responsible for any fees charged by the other service provider.
TRANSFER OF DOMAIN
We are not responsible for any theft of your domain.
You are responsible for any and all passwords to your domain and you are in control of who has access to such passwords, in regards to giving permission to another source, other than a representative of CityHosting. This relates to emails or access to domain registered accounts directly in respects to controlling information (ie. email changes, password changes, website changes etc).
INTERRUPTIONS IN SERVICE
CityHosting is not liable for any errors or interruption in service, whether within or outside of CityHosting’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold CityHosting free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by CityHosting or by third-party providers, or because of power interruptions or other causes.
CLIENT is responsible for protecting CLIENT’s password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use CityHosting’s service to guess passwords or to access other systems or networks without authorization. CityHosting will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
CLIENT must return to CityHosting all IP addresses issued by CityHosting to CLIENT if CLIENT discontinues service with CityHosting or if CityHosting discontinues service.
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which CityHosting may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against CityHosting by offended users.
CityHosting reserves the right to refuse or terminate service at any time. CLIENT will indemnify CityHosting and hold CityHosting harmless from any damage to CityHosting’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
CityHosting has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email email@example.com.
The use of a shared, VPS or reseller account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
- Email Marketing
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Large collection of MP3 files and/or DVD/CD ISO Image Files
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
CLIENTS who provide the above-mentioned content are in breach of the contract. CityHosting may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds.
The following restrictions on shared hosting plans:
- Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc.
- Running unattended standalone server side daemons such as IRCD
- Running any scripts (web spider) which indexes websites
- Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
- Running any file-sharing/peer-to-peer activities
- Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc.
- Running any cronjobs less than 15 minute intervals
- Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension
BACKUPS AND DATA LOSS
The backup service is provided as a courtesy to our customers. CityHosting backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. CityHosting makes no guarantees about the weekly backups, and requires a $150 fee to restore the backups to be paid in full upon request before files are released.
CityHosting will not be responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by CityHosting. Any shared or reseller account using more than 10 gigs of disk space will be removed from daily and weekly backups, unless otherwise agreed to in writing by CityHosting.
Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. Please contact firstname.lastname@example.org for optional backup services. It is your responsibility to maintain backups.
If your shared or reseller hosting is less than an uptime of 99.9% for any given month, then your account is credited for 1 month (pro-rated based on your annual hosting fee). Justification must be given to CityHosting in writing via email to email@example.com within 15 days of previous month end and approval of credit is at the discretion of CityHosting. All requests must be made in writing via email.
Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared and reseller plans. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
UNSOLICITED COMMERCIAL EMAIL
The CityHosting network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of CityHosting may not use, or permit others to use, the CityHosting network(s) to send UCE. CityHosting will not host, or permit hosting of sites or information that is advertised by UCE from other networks.
CityHosting will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on CityHosting’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. CityHosting reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to CityHosting’s strict “NO SPAM” policy. CityHosting reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of the “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. CityHosting will also fine the individual $500.00 per SPAM incident.
WARRANTY AND ASSUMPTION OF RISK
CLIENT uses CityHosting services at CLIENT’s own risk. CityHosting makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. CityHosting shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. CityHosting has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
TERM OF CONTRACT, TERMINATION, AND RENEWAL
- All contracts are on a recurring basis. CLIENT shall pay CityHosting recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on CityHosting’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. CityHosting may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
- All cancellations by CLIENT of service or changes in service must be done in writing to CityHosting. It can be done by email firstname.lastname@example.org, or via regular postal to CityHosting, 155 John Street South, Hamilton, Ontario, L8N 2C3. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
- If CLIENT breaches any part of this contract and CityHosting has to engage the services of a lawyer, the CLIENT will pay any and all of CityHosting’s reasonable legal fees and court costs.
- All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, i.e. Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any Credits applied. The fees for additional or upgraded services for which the “Order” is accepted on the anniversary billing date will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rata charge on the next Billing date. In the event that a customer does not pay service fees by the Renewal Date, customer will be assessed a fee to be determined at the time of assessment depending on the service being rendered, and must be submitted within 7-days of the customers renewal date. At the end of 7-days, services including Web Hosting Servers and Data, will become inaccessible and will automatically be reclaimed.
- CLIENT uses CityHosting services at CLIENT’s own risk. CityHosting makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. CityHosting shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. CityHosting also reserves the right to refuse service and cancel CLIENT at anytime. CityHosting has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
THE LAW THAT GOVERNS OUR RELATIONSHIP
To the fullest extent permitted by the laws of the Province of Ontario, and the State of New York, and except as explicitly provided otherwise, these Terms and Conditions and any disputes arising out of, or relating to them, will be governed by the laws of the Province of Ontario, and the State of New York, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
LIMITATION OF LIABILITY
In no event shall CityHosting or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if CityHosting has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless CityHosting from and against any and all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.
CityHosting reserves the right to revise its policies at any time without notice.
CityHosting collects your personal and professional information in the following ways: the information provided when you register for any CityHosting services, your use of CityHosting services, CityHosting web pages you visit, communication; i.e. calls or emails with CityHosting, our service providers and through your website itself, when any CityHosting products are active. Personal information CityHosting may receive include your address, phone number, email address, language preference and disabilities.
Information CityHosting may receive from your website includes your website operation (including diagnostic codes, online stats, etc.), usage of CityHosting services, location of business, browsing information, CityHosting services that are relevant to your business (for example, responses to email campaign).
By reading these Terms and Conditions you agree that CityHosting may, subject to the laws of the Province of Ontario, and the State of New York, use any of this information to: (a) provide CityHosting services to you and/or your business; (b) communicate with you about your account; (c) check or maintain your CityHosting products; (d) obtain information about your business online and overall marketing performance and aggregate product usage, and to enable us to comply with the laws of the Province of Ontario, and the State of New York; (e) help you or your management; (f) provide information to your business or your associated third party companies for the purpose of providing CityHosting services requested by you, and to enable them to bill you for those CityHosting services (i.e. outside streaming servers); (g) evaluate and improve your service; (h) enforce this agreement with you or others; (i) prevent fraud or misuse of CityHosting service; (j) comply with legal requirements, including valid court orders in criminal investigations; (k) protect the rights, property, or safety of you or others; (l) offer you new or additional products or services; (m) confirm your eligibility in any discount programs you have applied for; (n) perform market research; or (o) provide you with information about any essential computer system maintenance required by emailing your CityHosting website stats report.
You also agree that CityHosting may, subject to the laws of the Province of Ontario, and the State of New York; a) share your email address, including any email address collected through the CityHosting online website program, with our subsidiaries and affiliates; b) share your contact information, information about your current CityHosting services, your domain, and information about the use of your website features with our subsidiaries and affiliates, and our service providers for purposes of offering you products and services; and c) share your CityHosting status with companies with whom CityHosting has business relationships to determine eligibility in discount programs you have requested from those companies.
Because CityHosting provides service through internet networks, we cannot promise that your communications will not be intercepted by others. By reading this, you agree that CityHosting will not be liable for any damages or loss of privacy occurring in communication over such networks. CityHosting may communicate with you about your CityHosting services via email or phone. If you do not notify CityHosting of a sale or transfer of your business, you may continue to receive CityHosting website reports or other information about the business. In addition, CityHosting may continue to send account updates to the billing or email address currently on file. In any case, CityHosting is not responsible for privacy related damages that you or your business may experience.
THESE ARE THE ENTIRE TERMS AND CONDITIONS
These Terms and Conditions and any other CityHosting documents incorporated in them, have been set out in their entirety, and are binding. These Terms and Conditions void all earlier versions or representations, oral or written. If any part of these Terms and Conditions are considered invalid by a court or arbitrator, the rest of them will remain enforceable. Even after your agreement with CityHosting has ended, the provisions in these Terms and Conditions will govern any disputes arising out of, or relating to your agreement. These Terms and Conditions are be binding on your heirs and successors and on CityHosting’s successors. No waiver of any part of these Terms and Conditions, or of any breach of them, in any one instance will require CityHosting to waive any other instance or breach. In some circumstances, CityHosting may decide to provide service to you voluntarily, even if you would not otherwise qualify. You agree that CityHosting will not be liable for anything resulting from provision of such service.
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