In exchange for the fees you pay in advance, we will host your web site on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services weprovide to you in connection with that program. The term "Save On Hosting" or "us" or "we" refers to SaveOnHosting.com.
For us to host your web site, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your web site.
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Each of Save On Hosting's managed shared hosting accounts carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to domain names, SSL certificates, web designs or any other custom works.
A backup service is provided as a courtesy to our customers, and is only limited to web content. We will make every attempt to retain weekly backups. However, as with any data storage systems, backups can fail. We strongly recommend our clients to perform their own backups. We will not be responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain all appropriate backup of files and data stored.
While our shared services are suitable for the bulk of our customers, there comes a time for some web sites when they are better suited for a larger plan, which allows for more dedicated CPU, memory, disk and other server resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a web site or other hosted data that takes up excessive server resources which degrade the service for other clients hosted on the same server. This means that if your web site is found to be utilizing excessive the CPU, memory, disk or other resources, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting service, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
All services provided by Save On Hosting may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Save On Hosting from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Save On Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Save On Hosting systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Save On Hosting system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at email@example.com and we will be happy to assist you. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Save On Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Save On Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Save On Hosting.
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of web site owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
Our agent for notice of claims of copyright infringement can be reached as follows:
Save On Hosting
Suite 24, 234-5149 Country Hills Blvd. NW
Canada, T3A 5K8
By phone: 1-800-993-1715
By email: firstname.lastname@example.org
Customer agrees that it shall defend, indemnify, save and hold Save On Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Save On Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Save On Hosting against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Save On Hosting;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from Save On Hosting 's server.
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Save On Hosting Ltd. 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. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Save On Hosting Ltd. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Save On Hosting Ltd. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Save On Hosting Ltd. cannot be held liable for it. IN NO EVENT SHALL Save On Hosting Ltd. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Save On Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Save On Hosting due to your enrollment in the affiliate program.
The laws of Canada of Alberta will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts located in Calgary, Alberta. This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) or open an affiliate account at www.SaveOnHosting.com. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification. By using Save On Hosting you agree to the above terms of service.