1. Introduction
These Terms and Conditions apply to all DSWeb.ca ("DS Web") Internet sites which reference these Terms and Conditions, including without limitation: www.dsweb.ca, dsweb.ca. By using the DSWeb.ca Site, or any of the products or services provided by DSWeb.ca (collectively the "Hosting Plans"), you agree, without limitation or qualification, to be bound by these terms and conditions.
Definitions
- "We" "Us" or "Provider" or "DS Web" - DSWeb.ca.
- "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for service or is a designate of anyone who applies for service.
- DS Web offers end user web hosting and email services.
2. Acceptance of Terms
By signing up with DS Web Hosting service, you agree that you have read, understood, and comply with the terms of service described on this page.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. BY SIGNING UP WITH DS WEB HOSTING OR ORDERING ANY OF DS WEB HOSTING SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR USE OF DS WEB HOSTING SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
3. Service Description
- 3.1 Service Packages
- DS Web provides website hosting and email services. We offer several different hosting service packages, as described on the DS Web website . While these all use similar software, they vary in terms of the configuration (e.g. allowed number of email accounts, bandwidth, disk space, etc.), and other resource limitations.
- 3.2 Provided Software
- We normally will run the latest production versions of software on the hosting service, however, the hosting service may continue to use older versions of software after newer ones have been released. We may update software without any specific notice.
- 3.3 Domain Names
- The domain name or web address (URL) used to access your service will vary with the hosting package you select.
- 3.4 Resource Usage
- Disk space limits are described with each plan, and administrative tools are provided as part of the software to help you monitor and manage disk space. If needed, additional disk space may be added to a plan for an additional monthly fee. Overusage will be billed in addition to your monthly or yearly hosting fees. We reserve the right in future to set additional resource limitations on hosting plans, such as bandwidth restrictions, disk usage, email accounts, and so on.
- 3.5 IP Addresses
- All IP addresses assigned to customers by DS Web remain permanent and sole property of DS Web, and are to be used exclusively on DS Web equipment, datacenters and network. DS Web reserves the exclusive right to change or remove any and all such IP addresses (Internet Protocol numbers and addresses), in its sole and absolute discretion. If a customer cancels their services, or DS Web cancels their services, customers may not take or claim the IPs that they used with their services, rather the IP addresses will be reclaimed by DS Web and may be re-issued to other customers for future use.
- 4.1 Monthly Payment
- Service packages are provided in return for a monthly payment, as described in the specific hosting package you choose. Each payment covers the next month of service. All payments are processed for us by PayPal, a veteran online secure payment processor. When signing up for your hosting package, you will authorize DS Web and PayPal to charge your credit card every month. PayPal charges will appear on your credit card statement from "PayPal". If you are unable to pay monthly via PayPal, please contact us to make alternate arrangements.
- 4.2 Termination of Service
- You may terminate your service with us at any time. You will no longer be billed in following months, but payments for the current month that have already been made will not be refunded. Customers enrolled in service agreements may incur charges for contract term completion.
- 4.3 Refunds
- Refunds are provided within 30 days of account signup at the sole discretion of DS Web. Any refund requests after the first 30 days of service will be provided at the sole discretion of DS Web and will require a written request with the exact reason for refund request. All refund requests will require a faxed or email copy of valid photo id for fraud prevention. All approved refunds will require a 60 day processing period.
- 5.1 Your Administrative Responsibilities
- When using our service, you will be given select administrative access to your website hosting account. You should read and understand the sections in the software user manuals about administration. It is your responsibility to administer the hosting account as if you were running it yourself.
- 5.2 Security
- Remember that your materials will be hosted on a publically accessible server. You are responsible for security of your hosting account / website. In particular, DS Web provides facilities, described in the user manuals, for restricting who can access a site, modify a site, and how it can be accessed. Any software or scripts you upload to your hosting account or server (including any software or scripts contained within your hosting account or server) must be secure and must not allow remote access via css (cross site scripting) or vulnerable / insecure coding. Any website, hosting account or server found hosting insecure software or scripts will be suspended or terminated with or without notice. Any website, hosting account or server with insecure passwords will be suspended or terminated with or without notice.
- 5.3 Backups
- You are responsible for making offsite backup copies of any data stored in your hosting account or server. While we will attempt to provide them, we do not guarantee that we will have backups available in the event of a catastrophic system failure. We will particularly not be able to restore older copies of your data. (Note that you can optionally purchase data backup services ). You can download current (within 24 hours) backups of your entire hosting account at any given time during active account status. If you need to restore the entire site's content, you can then send us that backup file and we can use it to replace the current contents of your site. You can also use these backup files if you would like to take the content from your hosted service and transfer it to a another hosting provider that you have hired to host your content. DS Web makes no warranties that we will have backups available. DS Web makes no warranties that the backups we have available will be suitable for restore or the data contained within the backups will be usable, recent, accurate or error-free. You are responsible for making offsite backup copies of your data and maintaining proper offsite backup archives of your data.
IN NO EVENT SHALL DS WEB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DAMAGES RELATED TO DELETION OR CORRUPTION OF WEBSITE DATA, EMAIL DATA AND OR DATABASE DATA) ARISING OUT OF YOUR USE OR INABILITY TO USE DS WEB'S HOSTING SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DS WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - 5.4 Technical Support
- We provide a variety of supporting documentation online that can assist you with problems. Additional technical support questions are handled by phone,email or instant chat.
- 6.1 Full Responsibility for Your Hosted Site
- You understand that you have full responsibility for your hosted site, including the actions of all users that access your materials. In particular, you understand that all information, data, text, graphics, or other materials stored on your hosting account are your responsibility. DS Web does not monitor or control the content provided by the hosting service.
- 6.2 Restricted Content
- You and your users cannot upload, post or otherwise transmit any content that (a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (d) interferes with or disrupts the hosting service or networks connected to the hosting service. You may not use this hosting service to violate intellectual property laws (e.g. distributing software cracks/warez, or RIAA/MPAA violations), or for any pornographic purposes.
- 6.3 Indemnity
- You agree to indemnify and hold DS Web, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content or material you submit, post to or transmit through this hosting service, your connection to the service, your violation of the terms of service, or your violation of any rights of another.
- 6.4 Other Terms and Restrictions
- High cpu usage and memory usage may result in the request to upgrade your service to a vps/dedicated hosting plan or account termination at the sole discretion of DS Web. Unsolicited email, spam email or bulk emailing is not permitted within any of our hosting products / services. The use of DS Web Hosting servers or networks to transmit unsolicited email, spam email or bulk email is strictly forbidden. Under no circumstances is the transmission of unsolicited email, spam email or bulk email acceptable or tolerated. Any transmission of unsolicited email, spam email or bulk email from our servers or networks can cause irreparable monetary damages. All damages caused by unsolicited email / spamming will be prosecuted to the fullest extent of the law. Any client caught explicitly spamming or sending unsolicited email from our servers or networks will have their account immediately terminated without notice. You acknowledge and agree that the hosting service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DS Web, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part. You acknowledge and agree that any web hosting account that is using more than 15% of a servers resources (disk space, cpu usage, bandwidth or memory) or more than 15% of a servers total domains/cpanel accounts will result in a monthly overusage fee between $60 - $200 / month in addition to their regular hosting fees. You acknowledge and agree that DS Web reserves the right to cancel, suspend or terminate any website, hosting account, or hosting server for any reason without prior warning or notification and that any upfront fees or payments may not be refunded. You acknowledge and agree that DS Web may charge a one time $40 fee for any abuse related complaints, notifications or occurances related to your hosting service. Free website migration service is only for cpanel accounts from existing cpanel servers and are dependant upon the previous servers ability to use the cpanel backup account features. The free migration service is not guaranteed and DS Web makes no warranties that the migrated data will be usable, recent, accurate or error-free. DS Web reserves the exclusive right to change, amend, modify or revise any portion of this TOS policy at any time, with or without written notice to our customers.
- 7.1 Software Updates
- We will from time to time update the software running on the hosting service to newer versions. We make no guarantee on the timeliness of these updates, nor that we will provide notice ahead of time. In general, we attempt to implement our updates to be fully backward compatible with previous versions unless otherwaise noted.
- 7.2 Service Interruptions
- From time to time, it may be necessary to interrupt the service for very brief periods for routine maintenance, upgrades or technical issues. In the event of longer interruptions, we will endeavour to minimize these interruptions to the best extent possible. DS Web is not responsible for any damages caused due to service interruptions or service unavailability.
- 7.3 Modification of Service Options
- From time to time, we may review and modify options of our hosting plans. These modifications may include, but are not restricted to: introduction of new plans, discontinuation of old plans, changes to resource limitations, changes to features, and changes to pricing. We will attempt to offer at least 2 months notice to you before any substantial changes to your plan. You acknowledge and agree that DS Web may charge a one time $14.95 fee for any domain name registrations that are obtained using a promo code if the full hosting period incurs early termination. (Either via client request or DS Web abuse incident.)
- 8.1 Personal Information
- During registration for use of this service, we will ask for the name, phone number and email address of the person who will be the primary contact for the hosting package. This email address will be used to periodically send information deemed necessary for the operation and management of the chosen hosting package. We will not sell this personal information to any third party. For all hosting services we may ask for valid photo id for fraud prevention reasons.
- 8.2 Data Collected
- Through normal use of the hosting service, we will collect standard information such as your IP address, browser, and pages accessed. This information is used only in combination with that of other users, for statistical purposes and site maintenance and improvements. The software also tracks information about the number of page views, edits, and downloads, which is made available to the administrator of each course or group. Additional material provided by users, such asaccess to pages, or uploaded files or images, are also of course stored and available to administrators.
- 8.3 Site Materials
- You are responsible for the material within your hosting account(s), and are responsible for abiding by our User Conduct terms as described above. The software provides facilities whereby you can further protect your materials, for example using passwords. You should use these facilities, but understand that no security mechanism can be 100% reliable. Despite best efforts, whether through password guessing, flaws in the software or underlying operating system, or other means, it is possible that your data may be made available to others. It is our policy to not monitor data stored by others on our hosting service. We will investigate all complaints we receive regarding content stored on the hosting service, this may include our own review of the content, and where deemed necessary, the delivery of your material to law enforcement officials.
- 9.1 Disclaimer of Warranties
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DS WEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) DS WEB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. - 9.2 LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT DS WEB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DSWEB.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.