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Terms of services
Capital Hosting.ca has instituted certain policies regarding Acceptable Use of our server facilities, Terms of Service, and Bandwidth Use. These policies are meant to protect our clients from transfer abuse which would adversly effect the performance of all sites, and to ensure that our servers remain accessible (and fast!) for all legitimate users who may be trying to access information on it at any given time. familiarize yourself with the AUP (Acceptable Use Policy) and our TOS (Terms of Service)


CapitalHosting.ca agrees to provide client web hosting for a monthly fee. CapitalHosting.ca will never require client to advertise for CapitalHosting.ca on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimenatary hosting. Client is allowed to use site for business/commercial or personal websites or content.


All services provided by CapitalHosting.ca may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian or United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless CapitalHosting.cafrom any claims resulting from the use of the service which damages the subscriber or any other party.


Note:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

-Pirated software
-Hackers programs or archives
-Warez Sites
-Porn
-Spamming Software

CapitalHosting.ca will be the sole arbiter as to what constitutes a violation of this provision.


Background Running Programs:
As a general rule we do not allow background running programs. We may allow programs to run continually in the background , these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.


IRC:
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.


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 CapitalHosting.ca's Services may be subject to protection under the Canadian, United States or other 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 CapitalHosting.ca Service 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 CapitalHosting.ca Network. If you use a domain name in connection with the CapitalHosting.ca Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.


Network Security:
Customers may not use the CapitalHosting.ca Network 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. CapitalHosting.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.


Refusal of Service:
CapitalHosting.ca reserves the right at its sole discretion to refuse or cancel service. Violation of any of CapitalHosting.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.


Spam Or Unsolicited E-Mail:
You must not use the CapitalHosting.ca Network, CapitalHosting.ca equipment or any CapitalHosting.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 CapitalHosting.ca Network, CapitalHosting.ca equipment or any CapitalHosting.ca 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, without warning, CapitalHosting.ca reserves the right to disable your domain. In addition, CapitalHosting.ca may impose a $100 penalty for each spam policy violation. CapitalHosting.ca solely reserves the right to refuse or cancel service to known spammers. Lastly, CapitalHosting.ca reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.


Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a CapitalHosting.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.


Indemnification:
Customer agrees that it shall defend, indemnify, save and hold CapitalHosting.ca (or it's employee's/owners). harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CapitalHosting.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 CapitalHosting.ca against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CapitalHosting.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 CapitalHosting.ca to the amount paid for service.


Disclaimer:
CapitalHosting.ca will not be responsible for any damages your business may suffer. CapitalHosting.ca makes no warranties of any kind, expressed or implied for services we provide. CapitalHosting.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 CapitalHosting.ca and its employees. CapitalHosting.ca reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.


CapitalHosting.ca furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, CapitalHosting.ca wishes to emphasize that in accepting services, customers indemnify CapitalHosting.ca for the violation of any law or CapitalHosting.ca policy, that results in loss to CapitalHosting.ca or the bringing of any claim against CapitalHosting.ca. This means that if CapitalHosting.ca. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against CapitalHosting.ca, plus costs and reasonable attorneys' fees.


If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.


CapitalHosting.ca reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.