This agreement documents the terms of service for web accounts provided by "Hosting Nation" Dba/ Hosting Nation Data Inc. (hereinafter 'Hosting Nation') to the account holder.
Please contact us with any questions regarding our Terms of Service by calling 1-888-558-4678 or (250) 586-HOST (4678) or email email@example.com.
Terms of Service Statement
This is the Terms of Service for all Hosting services, TotalSnap software service, website design services, and websites operated by Hosting Nation Data Inc., administrator of Hosting Nation (www.hosting-nation.com).
Hosting Nation Data Inc.
Use of a Hosting Nation account and services indicates acceptance of the terms of this agreement by the account holder.
This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.
There is a 200 hourly outgoing email limit per domain. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error. Our servers regularly monitor the emails sent through all email accounts on your domain, and if, over the past hour, more than 80% of the attempted deliveries have failed, outbound email will temporarily be limited.
Many of our servers have a 60 POP3 checks per hour limit per email account. If you go over this you're likely to get a wrong password error message saying login incorrect. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Mailing Lists Rules
- Any mailing list larger than 5000 will require a dedicated hosting solution from us or, in special cases, our requested consent. Note: dividing one large list into smaller lists to get below this limit is not allowed.
- Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to no faster than sending 1 email every 6 seconds.
- If the mailing list software you're using does not allow you to throttle you must switch to something else that has that capability.
- You are not allowed to mail to a mailing list you were given or purchased. No matter how it was sold to you, They never agreed to you personally sending them mail, and will not be tolerated. Sending spam will result in the immediate suspension of your hosting account account until the mailing list is removed or replaced.
- Any unsolicited e-mail being sent will result in suspension of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
- Any mailing list MUST comply with all guidelines set forth by Canada's anti-spam legislation (CASL) http://fightspam.gc.ca/eic/site/030.nsf/eng/home
- No Direct SMTP mailers are allowed. An example of this is DarkMailer.
- Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.
- The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which he must reply, or containing a URL which he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
- All mail originating from your mailing lists must contain instructions for subscribers to remove themselves from the list. The mechanism you employ to handle such opt-out or removal requests must expeditiously process removal requests.
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honour the recipient's and Hosting Nation's requests to produce consent evidence within 72 hours of receipt of the request.
Hosting Nation reserves the right to alter its Mailing Policy at any time and without notice.
Any use which interferes with the server's ability to function, including but not limited to its primary purpose of publishing web documents, is prohibited.
Use of the Hosting Nation facilities to commit network abuse (including, but not limited to, denial of service (DOS) attacks including, but not limited to, ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited.
All data stored or transmitted must be legal under all applicable Canadian laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted. Hosting Nation assumes no liability for any and all data stored or transmitted by any account holder.
Should the account holder become the target of a network attack, Hosting Nation reserves the right to take any and all necessary actions (including, but not limited to, temporary suspension of the account holder's account) required to return server or network operation to normal.
While Hosting Nation employs its best efforts to maintain the integrity of data and communications including, but not limited to, email, network use, and the contents of user directories, Hosting Nation makes no assurances, guarantees, or warranties with regard to the privacy of any and all aforementioned information and communications.
Hosting Nation invoices account holders monthly or annually for hosting and annually only for domains. Hosting invoices are automatically sent out 15 days previous to the due date and payment is required on or before the due date. Overdue accounts may be terminated or suspended at Hosting Nation's sole discretion. Hosting Nation reserves the right, at its sole discretion, to issue special invoices when the balance due will be more than $100 (Canadian funds) over the base monthly service fee. A late payment fee will be assessed on all accounts at a rate of 24% per annum (2% monthly).
Hosting Nation may terminate service to the subscriber at any time, without notice, for violation of this agreement. Hosting Nation is not responsible or liable for any damages or harm to the account holder resulting from such termination.
The account holder may terminate their account at any time by notifying Hosting Nation via email to firstname.lastname@example.org, a support ticket, or by postal mail to Hosting Nation Data Inc., Box 613 230 Bagshaw St., Parksville, BC. V9P 2G7, Canada.
Cancellations and Refunds
In the event that you are not satisfied with your annually invoiced hosting service from Hosting Nation, you may, for any reason, cancel your account with Hosting Nation within the first 30 days for a full, no-obligation refund. If you wish to cancel your account for a full refund, please send an email to email@example.com or open a support ticket before the end of the 30 day term.
We regret that we cannot provide refunds on domains, SSL certificates or static IP addresses . Further, in the event that you are not satisfied with your TotalSnap design package services, you can cancel the service within the first 30 days for a no-obligation refund of 50% of the purchase price. If you wish to cancel your account for a 50% refund, please send an email to firstname.lastname@example.org, open a support ticket, or by postal mail to Hosting Nation Data Inc., Box 613 230 Bagshaw St., Parksville, BC. V9P 2G7, Canada.
Before you go, we're extremely interested in hearing your feedback. If you are willing to share your reasons for cancelling, you can help us improve the service we offer. Please send feedback to email@example.com.
For account cancellation requests indicating the account is to be cancelled at the end of the term, the client shall retain full rights to the account until the current billing term is concluded. On the first day following the expired term, the account shall be terminated. It is the responsibility of the client to ensure that all data and e-mail is downloaded prior to such time, as once the account is cancelled all data is automatically erased, and the account cannot be reopened without renewing for an additional term. All cancellation requests will be processed within 14 days, so if you wish to discontinue services with Hosting Nation - please provide a minimum of 14 days notice to ensure that your account does not incur charges into the next billing period.
Clients who choose to have their account cancelled immediately will lose access to all data and e-mail as soon as the virtual authorization is received or on the day the postal mail cancellation request is received. It is essential that the client has downloaded all e-mail and data prior to such request, as once the request is processed, the data is erased immediately and the account can only be reopened by renewing the account for an additional term.
Hosting Nation may terminate this Agreement at any time and for any reason by providing to you written notice of termination. If Hosting Nation terminates this Agreement, Hosting Nation shall decide at its sole discretion if a refund is applicable unless otherwise expressly provided herein.
At the discretion of the client, any remaining time in a cancelled hosting account can be donated to Hosting Nation for the explicit use of providing free hosting services to various non-profit organizations. If you wish to donate the remaining time in your hosting account, please send a cancellation request along with permission to transfer your remaining hosted services to firstname.lastname@example.org indicating you wish to donate to a non-profit organization of our choice.
Hosting Nation reserves the right to suspend services or bill clients directly in the case of unresolved outstanding payments by its authorized active resellers.
Use of the Hosting Nation services, including, but not limited to, the storage of information, is at the sole risk of the account holder. Hosting Nation does not warrant or guarantee either the results to be obtained from the service or that the service will be uninterrupted or error free. Hosting Nation's services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither Hosting Nation nor anyone else involved in creating, producing, or delivering Hosting Nation's services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of Hosting Nation, the inability to use Hosting Nation, or any breach of any warranty.
The account indemnifies and hold harmless Hosting Nation against any and all loss, damage, cost, and expense which Hosting Nation may incur or become liable for by reason of claims or actions for including, but not limited to, slander, defamation, libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Hosting Nation's failure to perform its obligations under this agreement.
In no event shall "Hosting Nation Data Inc." or its subconsultants of any tier be liable in contract, tort, strict liability, warranty or otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of product, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power. The total liability of "Hosting Nation Data Inc.," and its employees and consultants, for all losses, damages, costs, and expenses, including attorneys fees, shall not exceed the aggregate amount paid to "Hosting Nation Data Inc." under this Agreement, regardless of the legal theory under which such liability is imposed.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
If Hosting Nation is informed of an alleged copyright or trademark infringement involving an account, Hosting Nation will attempt to notify the account holder of those allegations and secure a response. Hosting Nation may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Hosting Nation believes may create, constitute, or contribute to copyright or trademark infringements. The account holder expressly waives the right to assert any claims against Hosting Nation for any such removal or termination.
The content available through www.hosting-nation.com is the sole property of Hosting Nation or its advertisers, suppliers or licensors. All material published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Hosting Nation-owned content received through www.hosting-nation.com may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Hosting Nation advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through www.hosting-nation.com to anyone without Hosting Nation's express prior written consent.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
By using www.hosting-nation.com, you agree under penalty of perjury to make the following statements:
- I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
- Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
- I believe I have the unalienable right to read and/or view any type of material I choose. I am aware of the standards of my local community with respect to the materials offered on www.hosting-nation.com; I am familiar with the materials offered by www.hosting-nation.com; and I represent, warrant and certify that the links, information, and use of materials on www.hosting-nation.com do not violate any standard or law that applies to me.
- In the event that a law that applies to me comes in to affect that would prevent me from viewing material on www.hosting-nation.com, I agree to no longer access www.hosting-nation.com. I recognize that www.hosting-nation.com has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and, where applicable, by Canadian federal legislation. In the event of any dispute, legal or otherwise, between Hosting Nation, the account holder, and any third party, the account holder agrees that the matter shall be resolved in British Columbia.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Hosting Nation literature or via Hosting Nation's stated telephone, facsimile or mobile telephone numbers.
Hosting Nation reserves the right to change these conditions from time to time as it sees fit and your continued use of www.hosting-nation.com will signify your acceptance of any adjustment to these terms. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. You are advised to re-read this statement on a regular basis.
If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
If Hosting Nation receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to Hosting Nation by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Hosting Nation's billing team to address any billing issues.
Terms and Conditions for Hosting Transfers
When you transfer an existing website to Hosting Nation Data Inc., the website imports as is without any further customization or repairs performed by Hosting Nation. Website repair or customization is a paid service and estimated per project.