| 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.
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