Vriends Hosting Ltd. (“The Company”), agrees to provide services to the subscriber of services (“The Client”), subject to the following TOS (“Terms of Service”).
Introduction
The Company reserves the right to amend this TOS without notification. he Client may identify whether The Company has revised this PA by noting the “Last Updated date” at the bottom of this page.
The Client’s continued use of services after such modifications will constitute your: (a) acknowledgement of the modified TOS, and (b) agreement to abide and be bound by the modified TOS.
If at anytime The Client does not agree to these terms, please contact us to cancel your services.
Choice of Jurisdiction
This TOS shall be construed in all respects in accordance with the laws of the province of Ontario, Canada, applicable to contracts enforceable in that province. By accepting this agreement, and using The Company’ services hereunder, The Client submits to jurisdiction and venue in the courts of Ottawa, Ontario, Canada, for any dispute(s) related to or rising out of this areement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this agreement and/or related to the service that The Company provides, or is to provide, to The Client must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Information
The Client agrees to provide The Company with accurate, complete, and updated contact information. Contact information is defined as any data relating to your identity: electronic mail address, street address, telephone number, or any other information that you provide to The Company. Further, you agree to provide The Company with updated contact information within a reasonable period of time following any change of contact information.
Payment and Fees
Service provided by The Company is dependent upon The Company receiving payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up.
The Company has the right to:
- Suspend The Client’s service after 7 days of their account being past due.
- Terminate The Client’s account after 30 days of their account being past due.
* Any payment that is not paid in full by the designated due date are subject to a $20 late fee.
* Service interrupted for nonpayment is subject to a $50 reconnect charge.
Account Cancellation
The Client may request termination of service at anytime. This can be done by opening a ticket through our Help Desk system.
Anytime Money Back Guarantee
Vriends Hosting Ltd. (“The Company”), offers to the subscriber of services (“The Client”), our Anytime Money Back Guarantee, subject to the following terms.
- The Client may request a full refund of the current month’s fees (not the current billing cycle) and pre-paid fees for future months, less any additional over usage, setup fees, configuration options, and domain registration costs.
- The Client will be charged the monthly payment rate, if The Client received discounts for Quarterly (5%), Semi-Annually (10%), Annually (15%), or Biennially (20%) payment types.
The Anytime Money Back Guarantee does not apply to:
- Accounts in arrears or found participating in malicious or illegal activities.
- Accounts terminated by Vriends Hosting Ltd. due to a violation of our our Acceptable Use Policy or Terms of Service.
100% Uptime Guarantee
Vriends Hosting Ltd. (“The Company”), offers to the subscriber of services (“The Client”), our 100% Uptime Guarantee, subject to the following terms.
- The Company guarantees 100% service (http, ftp, pop, imap, smtp) uptime to The Client on all shared hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded 100% of The Client’s monthly service fees for those domains affected.
- All SLA claims must be filed by opening a ticket through our Help Desk within one day of the reported incident. The ticket must include The Client’s affected domain name(s) and full description of the incident. All SLA credits will be issued as service credits against future invoices.
- Any downtime relating to system upgrades, scheduled maintenance, or force majeure, is not covered by the 100% Uptime Guarantee. SLA credits will not be issued to accounts in arrears, or found participating in malicious or illegal activities.
Bandwidth
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each GB of traffic exceeded. This amount is not prorated, meaning that 1 MB to 1 GB will be treated and billed as the same.
IP Allocations
The Company provides dedicated IP addresses for a fee. Any IP address provided to The Client, that does not meet the ARIN guidelines at http://www.arin.net/policy/nrpm.html may be revoked.
SPAM and Unsolicited Email
The Company prohibits the sending of Unsolicited Email or spam over our network. If The Company has determined that this has occurred, the result will be account suspension or termination, and an “Administrative Fee” of $150.00.
Refund and Disputes
The Client shall not be entitled to any refunds in the event of early termination of this agreement by The Company. Disputes to your payment provider that result in a chargeback that, The Company feels is a valid charge under provisions of the TSO and/or AUP, you agree to pay The Company an “Administrative Fee” of $100.
Transfer Service
If requested by The Client, The Company can assist in moving The Client from another hosting provider to The Company. Transfers are provided as a courtesy. By requesting this service you agree, indemnify, and hold harmless The Company from any and all liability arising from the transfer. The Company makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers.
Backups
Our weekly backup service is provided to you as a courtesy, and your use of this service is at your sole risk. The Company cannot be held liable for any loss of files, databases, and/or data residing on your account.
You agree to:
- Take full responsibility for all files, databases, and data transferred to The Company servers.
- Maintain appropriate backups of files and data stored on The Company servers, Backups will not be provided for accounts that have been suspended or terminated for any reason.
Restores
The Client will be charged $25.00 CDN if The Company is requested to restore data from our backups. Restores from backups provided by The Client are will be completed free of charge.
This service is provided to The Client as a courtesy, there is no guarantee that a restore will be successful.
Inodes
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
Arbitration
By using any of The Company’ services, you agree to submit to binding arbitration. If any disputes or claims arise against The Company or its subsidiaries, such disputes will be handled by an arbitrator of The Company’s choice. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
Force Majeure
The Company shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, and/or other occurrences beyond its control whether or not similar to those listed above.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Price Changes
The Company has the right to add, delete, modify, update, or change the services and/or prices of any services provided to The Client. The Company agrees to post an announcement on its’ website 30 days prior to any price change.
Limitation of Liability
The Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from The Company’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, The Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of The Company’ servers. All damages shall be limited to the immediate termination of service.
Disclaimer
The Company cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by The Company are resold. Thus, certain equipment, routing, software and programming used by The Company are not directly owned or written by The Company. Moreover, The Company holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as The Company sees fit.
Created: 2010-07-18
updated: 2011-06-19