ElectroHost : Products & Services : Terms & Conditions
Web Hosting, Domain Name, Domain Registration
All hosting services are normally billed within the first 10 days of any given
month in advance. Bills for partial periods are prorated to 1/2 months.
ElectroHost charges a setup fee of $50.00 for all new accounts, this fee will
be paid with initial payment, and is a one-time fee. For customers that
exceed their monthly Traffic Allowance, ElectroHost reserves the right to bill
the customer an additional C$30.00 per month for each 1,000 megabytes of data
transfer. Please refer to our pricing schedule for current rates. ElectroHost
reserves the right to change pricing within thirty (30) days notice. Pre-paid
annual contract rates are not affected until renewals take effect. For
colocation and dedicated ISDN/dedicated dialup customers, service may be
canceled with 60 days prior written notice only, and the customer will be
billed for that period. Overdue accounts are subject to interest penalties,
account cancellation or service suspension. Accounts canceled due to overdue
status are subject to an additional fee equivalent to 60 days service.
ElectroHost will provide the hardware and system administration necessary to
provide World Wide Web access to the Internet community. ElectroHost will also
provide a single and unique Universal Resource Locator (URL) address for use by
the Customer (i.e., www.electrohost.net/yourname) or at the Customer's request,
ElectroHost will assign a virtual domain name to our servers (i.e.,
www.yourname.com) provided that the name is legally registered to and under the
control of the Customer. The Customer understands that domain name registration
can take 2 weeks (or more). ElectroHost will, however, assign a working address
to the Customer's pages. The Customer agrees to pay the domain name renewal fee
directly to InterNIC or other appropriate domain name registrar. Neither
Network Solutions, VeriSign, Thawte nor InternetSecure is related in any way to
ElectroHost, and their rates and policies may be subject to change. This fee is
subject to change by Network Solutions or other domain name registrar.
The Customer understands and agrees that ElectroHost will make every effort to
keep our network of servers running continuously. However, our servers will,
from time-to-time, be disconnected due to routine maintenance, upgrades and
other required events. In addition, due to circumstances beyond our control,
service may be periodically interrupted. ElectroHost will make its best effort
to keep all information on our servers backed-up. However, the Customer assumes
responsibility for making separate back-ups of any information posted to our
servers. ElectroHost is not responsible for lost materials or information.
ElectroHost shall have no obligation to provide services to the extent and for
the period that ElectroHost is prevented from doing so by reason of any cause
beyond its reasonable control, including without limitation the inability to
use or the failure of any third party telecommunications carrier.
ElectroHost will also make its best effort to maintain security on our network
of servers. However, the nature of the Web and the Internet is not secure by
default. The Customer assumes responsibility for the appropriate use of
security within the Customer's scripts and directories. Perl 4 and 5 and Java
CGI scripts are the only CGI scripts supported by ElectroHost. All CGI scripts
require approval by ElectroHost. Our Shared Secure Servers use the Secure
Sockets Layer ("SSL") between a compatible web browser and our servers.
Information forwarded from our Secure Servers that does not use SSL will not be
as secure as using SSL.
The Customer assumes full responsibility for all content posted to
ElectroHost's servers on the Customer's behalf, including any trademark,
copyright, patent or other intellectual property submitted to ElectroHost for
either creative services and/or straight posting to our servers. ElectroHost
reserves the right to remove without notice any material which, in its sole
opinion, may result in a violation of intellectual property rights of others or
any other applicable Federal, Provincial, Common, or International laws or
regulations. ElectroHost does not tolerate e-mail spamming or similar abuses of
its network. The Customer will comply with the current ElectroHost Acceptable
Use Policy ("AUP"). Customer acknowledges that the AUP may be amended by
ElectroHost from time to time, and the Customer agrees to be bound by such
amendments. The Customer will adhere to the laws of Ontario and Canada in using
the services including but not limited to those laws regarding:
- court ordered publication bans,
restrictions on publishing, printing, distributing, possessing, selling,
advocating, promoting or exposing, obscene material, child pornography, or hate
propaganda and Client understands that these situations could generate criminal
- restrictions on the use of trade-marks or trade names;
restrictions on the use of copyright work, including without limitation,
restrictions on defamation, libel, harm to reputation, invasion of privacy,
misuse or failure to protect personal information, violation of secrecy, unfair
competition and other situations which could generate civil liability; and vi)
export and import restrictions. The Customer will be solely responsible for any
and all items or statements transmitted, posted, received or created through
the Customer's account, on ElectroHost's system or any other system, and their
content, even if transmitted, posted, received or created by someone else, and
the Customer agrees to indemnify and hold ElectroHost, its directors, officers,
employees, agents, contractors and affiliates, harmless from any loss, damage
or liability which may result therefrom.
ELECTROHOST PROVIDES SERVICES TO CUSTOMER ON AN "AS IS" BASIS. IN NO EVENT
SHALL ELECTROHOST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR
AFFILIATES, BE LIABLE FOR ANY CLAIM FOR INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, OR
AGGRAVATED DAMAGES; DAMAGES FOR LOSS OF PROFITS OR REVENUE; FAILURE TO REALIZE
EXPECTED SAVINGS; LOSS OF USE OR LACK OF AVAILABILITY OF CLIENT'S FACILITIES,
INCLUDING ITS COMPUTER RESOURCES AND ANY STORED DATA; AND CONTRIBUTION OR
INDEMNITY IN RESPECT OF ANY CLAIMS AGAINST CLIENT; EVEN IF ElectroHost HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ELECTROHOST, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES, BE LIABLE
FOR ANY CLAIM FOR DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF OR
INABILITY TO USE THE SYSTEMS, NETWORKS OR TRANSMISSION/COMMUNICATION FACILITIES
OF THIRD PARTIES INCLUDING WITHOUT LIMITATION THE USE BY ELECTROHOST OF
TELECOMMUNICATIONS CARRIERS IN THE PROVISION OF THE SERVICES HEREIN. IN ANY
EVENT, ELECTROHOST'S MAXIMUM LIABILITY FOR ANY CLAIM WHATSOEVER, AND CLIENT'S
SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE
AMOUNT OF FEES PAID TO ElectroHost UNDER THIS AGREEMENT DURING THE CURRENT
TERM, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE. THIS CLAUSE SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT. THE SERVICES ARE NOT GUARANTEED AND ELECTROHOST GIVES NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE
SERVICE, ACCESSIBILITY, PRIVACY OF FILES OR E-MAIL, SECURITY, MERCHANTABILITY,
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR
OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS CLAUSE SHALL
SURVIVE THE TERMINATION OF THIS AGREEMENT.
This Agreement is governed by the laws of the Province of Ontario and the
federal laws of Canada. The parties submit to the non-exclusive jurisdiction of
the Courts of Ontario. The Parties hereby expressly exclude the application of
the United Nations Convention on Contracts for the International Sale of Goods
and the Sale of Goods Act (Ontario), as amended, replaced or re-enacted from
time to time. The Parties have required that this agreement and all documents
relating thereto be drawn-up in English. Les parties ont demandé que cette
convention ainsi que tous les documents qui s'y rattachent soient rédigés en
anglais. If any part of this Agreement is held to be unenforceable or invalid,
it will be severed from the rest of this Agreement, which shall continue in
full force and effect. This Agreement and any schedules or other documents
referred to herein, constitutes the entire agreement between the parties
relating to the Services and supersedes all prior written or oral agreements,
representations and other communications between the parties, and shall enure
to the benefit of and be binding upon each of the Client and ElectroHost and
their respective successors and permitted assigns.
Cancellation of Services
ElectroHost and the Customer may cancel this agreement at will at any time with
thirty (30) days written notice. In the event that this contract is cancelled
by ElectroHost, the Customer will receive a pro-rated refund of any unused
portion of the billing period. Domain registration, VeriSign, Thawte, and any
set-up fees are non-refundable. Customer acknowledges that these terms and
conditions are subject to change without notice. THE CUSTOMER'S CONTINUED USE
OF ElectroHost CONSTITUTES CUSTOMER ACCEPTANCE OF THESE AND ANY AND ALL
Acceptable Use Policy
ElectroHost maintains an "Acceptable Use Policy" (AUP) which is updated from
time to time. Conduct that violates this policy includes, but is not limited
to, the activities in the following list, when such violations involve or
utilize or are handled by ElectroHost's network or servers.
Use of accounts in such a way as would violate ElectroHost's contracts with its
Giving access to your account, through sharing of passwords or otherwise, to
any person other than the assigned user or pre-authorized group users.
- Using the network to gain unauthorized access to any computer system.
Unauthorized attempts to circumvent data protection schemes or uncover security
loopholes. This includes running programs that are designed to identify
security loopholes and/or decrypt intentionally secure data.
Knowingly or recklessly performing an act that will interfere with the normal
operation of ElectroHost's computers, peripherals, or network.
Deliberately wasting/overloading ElectroHost's network/server resources or
those of any other system via ElectroHost.
- Initiating or propagating electronic chain letters.
Inappropriate or unsolicited mass mailings or talk requests such as multiple
mailings to newsgroups, mailing lists or individuals.
Inappropriate posting of commercial or inflammatory material to newsgroups not
intended or inappropriate for such postings.
- Forging communications to make them appear to originate from another person.
Attempting to monitor or tamper with another user's electronic communications,
or reading, copying, changing or deleting another user's files or software
without the express agreement of the other user. Every attempt will be made to
resolve informally minor infractions of this AUP. Depending on the severity and
likelihood of malintent of a violation of the above, ElectroHost may at its
- Notify the individual user and/or corporate point of contact with a warning.
- Disable, temporarily or otherwise, the specific user's access.
- Notify the appropriate federal or provincial authorities.
The information in this article was current at 06 Dec 2011
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