OpenInternet.ca issues this document.
The company shall be known throughout this document as "We", "DirectHosting", "DirectHosting.ca", "DirectHosting.us", "DirectDomain.ca""
We agreed to provide the client web hosting for a monthly/semi-annual/annual fee. We will never require clients to advertise for DirectHosting.ca on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
All services provided by DirectHosting.ca may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canada or United Sates of America (if hosted on US Soil) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless DirectHosting.ca from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Copyrighted MP3's and Videos
- Spamming software/script
- Any contents found to be illegal under the law of Canada or United States of America (If hosted on US soil)
We do not allow background-running programs on our shared hosting servers. This includes any IRC related software such as bouncers and bots.
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, We reserved the right to disable the account pending client cooperation and resolution.
Scripts we do not allow includ but not limited to the following:
- Chat servers/scripts of any kind are strictly prohibited.
- Proxy scripts
- Rapidshare or Rapidshare liked service downloading scripts
- Torrent downloading/uploading scripts
- Phishing scripts
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through DirectHosting.ca Services may be subject to protection under the Canada or United States of America (If hosted on US soil) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DirectHosting.ca in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Internet. If you use a domain name in connection with DirectHosting.ca or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the DirectHosting.ca with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. DirectHosting.ca will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Accounts found to be tampering with our server security will result in instant suspension and/or termination.
We do not allow P2P applications such as Torrents downloading/seeding, Kazaa, Emule, Edonkey, etc to be running on our VPN networks. If customer is found to be running such application using our network. We reserved the rights to suspend and/or terminate the customer's account without refund.
We do not impose a bandwidth limitation on our VPN connections. However, if a customer is found to be constantly (continuously bandwidth usage for more than 1 hour) using equal to or more than 10Mbps of bandwidth. We reserved the rights to suspend and/or terminate the customer's account without refund.
We do no condone any illegal activities to be performed on our VPN connection. If a customer is found to be performing any activities (including the following but not limited to; child pornography, warez trading, spamming, copyright violation, etc...) on our network. We reserved the rights to suspend and/or terminate the customer's account without refund. Furthermore, we will be fully cooperating with the authorities if a customer is found to be performing such activities.
Defamatory speech distributed over the Internet can result in civil liability for the defamer. We will not be responsible for any content posted by our customers.
Refusal of Service:
DirectHosting.ca reserves the right at its sole discretion to refuse or cancel service. Violation of any of DirectHosting.ca's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.
Spam Or Unsolicited E-Mail:
You must not use the DirectHosting.ca, DirectHosting.ca's equipment or any DirectHosting.ca email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the DirectHosting.ca, DirectHosting.ca's equipment or any DirectHosting.ca Internet Services email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, We reserved the right to disable your domain without warning. In addition, We may impose a $50 penalty for each spam policy violation. We solely reserves the right to refuse or cancel service to known spammers. Lastly, We reserved the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a DirectHosting.ca server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Any users who has been determined to have put the server under constant load and is disturbing other customers. We reserved the rights to cancel it's service
Customer agrees that it shall defend, indemnify, save and hold DirectHosting.ca (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DirectHosting.ca, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DirectHosting.ca against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DirectHosting.ca server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of DirectHosting.ca to the amount paid for service.
Refunds Policy, Cancellation Policy and Invoicing:
For payment, We accept Paypal and credit card payments. We send out invoices exclusively via e-mail. We do not send out invoices via postal services.
If customer cancels seven (7) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.
No Refund will be given for any reasons. It is customer's responsibility to submit a cancellation request so recurring payments will be stopped before the next billing date.
New clients who are not satisfy with our service may request for a refund within the 14 days period.
Dedicated servers and VPS services are not eligible for a refund. DNS service refund period is 3 days.
Any account whose payment status is not paid as of the start of the next billing period is deemed late. Customers are given a one day grace period. Account will be placed on suspension after the grace period.
You will receive a payment reminder everyday from the start of your payment due date. If payment has not been received 2 days after the due date or we have not been contacted regarding payment, a 10% late fee will be added to the invoice sub-total and/or your account will be terminated without any further notice. For late payments please contact us for further instructions
Chargebacks are subject to a $100 admin fee. Customer with chargeback issued from the bank will need to resolve it with us immediately. The account will be suspended until the situation is resolved.
We will not be responsible for any damages your business may suffer due to our service provided. We make no warranties of any kind, expressed or implied for services we provide. DirectHosting.ca disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DirectHosting.ca and its employees.
We keep backups of accounts on our shared hosting servers only. We accept no responsibility for any loss of data or consequences in direct result of a data loss. We always advise clients to back up their site data regularly for its own protection.
We furthermore expect that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of DirectHosting.ca. A customer's failure to comply with those laws will violate this policy.
Finally, DirectHosting.ca wishes to emphasize that in accepting services, customers indemnify DirectHosting.ca for the violation of any law or DirectHosting.ca policy, that results in loss to DirectHosting.ca or the bringing of any claim against DirectHosting.ca. This means that if DirectHosting.ca is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against DirectHosting.ca, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
We reserved the right to change, edit, or update the policies contained in this document at any time for any reason without notice.