Terms and Conditions
By submitting the LevelHosting Inc. online order form, Subscriber hereby agrees to the following:
In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:
- Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
- Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Subscriber agrees to a no-refund policy in advance for Colocation. Setup fees, Domain Registrations and Administrative Fees are non-refundable.
- Colocation rental charges will be incurred immediately at signup for a full month of service. Your account will be pro-rated and billed on the 1st of each month thereafter.
- Non-Payment of services after 3 days past the due date shall result in a disconnection. All payment failures must be cured within 3 days of notice.
- Shared & Reseller Hosting Subscribers failing to secure payment within 3 days past due date will result in account termination including the removal of all data from the server.
- Collocation Hosting Subscribers failing to secure payment within 3 days of notice will incur service interruption and $50 CDN reconnection fee for a colocated server. If payment is not received in full by the 5th of each month server(s) will be taken offline and reclaimed by LevelHosting Inc.
- Service Cancellations must be submitted to Accounting through our ticket system Ticket System to Sales no later than 5pm 5 business days ahead of the monthly renewal date. Example, for cancellation of service for May 10th, subscriber cancellation must be received before 5 PM May 5th to avoid payment for May service. Cancellation request must include the last four digits of the credit card used for signup, user/pass to server, and IP address for server, and when the server should be taken offline. Subscriber failure to make a proper cancellation request on time will result in regular billing cycle for subscriber hosting or server(s).
- Levelhosting Inc. is not responsible for data integrity on equipment reclaimed for non-payment.
- This agreement can be updated at any time with or without notice to subscriber.
Subscriber agrees to adhere to the Levelhosting Inc. Acceptable Usage Policy at http://www.levelhosting.ca/aup.html
Subscriber agrees to abide by Technical support limits set on Virtual Hosting web page located at https://www.levelhosting.ca/hosting.html
Subscriber agrees not to engage in activity that violates federal (Canadian), province (Ontario) or local (Toronto) laws applicable to the service terms described herein.
Levelhosting Inc. reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Use.
Subscriber agrees to indemnify and hold harmless LevelHosting Inc. and the employees and agents of LevelHosting Inc. against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
LevelHosting Inc. SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE LevelHosting Inc. SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS LevelHosting Inc. PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED LevelHosting Inc. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND LevelHosting Inc. SHALL HAVE NO LIABILITY THEREFORE.
Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 CDN SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE CANADIAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or LevelHosting Inc. as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.
Shared (Non-Reseller Accounts) Client Responsibility
Shared accounts may not Resell web hosting to other people. If you wish to Resell hosting you muse use a Reseller Account.
Adult Content is not allowed on our Shared Hosting servers.
Subscriber is responsible to ensure that all scripts, plugins and programs installed under their account is secure and permissions of directories and files are assigned properly, regardless of the installation method (manual, third party script etc.). Finally, customers are accountable for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords.
Reseller Client Responsibility
Resellers are responsible for supporting their clients.
LevelHosting Inc. does not provide support to our Reseller's Clients. If a Reseller's client contacts us, we reserve the right to place the client account
on hold until the Reseller can assume their responsibility for their client.
All support requests must be made by the Reseller on their clients' behalf for
security purposes. Resellers are also responsible for all content stored or
transmitted under their Reseller Account and the actions of their clients'.
LevelHosting Inc. will hold any Reseller responsible for any of their clients’
actions that violate the law or the terms of service.
LevelHosting Inc. will suspend the site in question and will
notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this
type may result in the immediate termination of your account.
Reseller Accounts may not be used to offer any form of free
domain hosting services. Violations will result in immediate suspension of
service.
Adult Content is not allowed on our Reseller Hosting servers.
Customer Privacy
LevelHosting Inc. values the privacy and safety of its customers and
users of its website. LevelHosting Inc. strives to provide you with a
tailored hosting experience that conveys to you the information,
products and services that you need. In order for LevelHosting Inc. to
attain this target, LevelHosting Inc. at times collects information
during your visits to our website. We do not disclose or release this
information to any person or organization outside LevelHosting Inc.
except described in this Privacy Policy. Please note this Privacy
Policy is not intended to and does not create any contractual or other
legal rights in or on behalf of any party.
Information Collected
- The date and time of your visit.
- The pages you viewed on our website.
- The time spent on our website.
- The type of browser and computer you use.
- The province/state or country from which you accessed our website.
- Your IP address and the name of your Internet Service Provider.
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on
or through any of Services or Products which, in the sole judgment of
the Company (i) is in violation of any local, province, federal or
non-Canadian law or regulation, (ii) threatening, obscene, indecent,
defamatory or that otherwise could adversely affect any individual,
group or entity (collectively, "Persons") or (iii) violates the rights
of any person, including rights protected by copyright, trade secret,
patent or other intellectual property or similar laws or regulations
including, but not limited to, the installation or distribution of
"pirated" or other software products that are not appropriately
licensed for use by Customer. Customer shall be responsible for
determining what laws or regulations are applicable to its use of the
Services and Products.
Customer Security Obligation
Each Customer must use reasonable care in keeping each server or
network devices attached to Company infrastructure up-to-date and
patched with the latest security updates. Failure to use reasonable
care to protect a server may result in a security compromise by outside
sources. LevelHosting Inc. is not responsible for Customer server
level security unless a security administration package, firewall
security administration package or fully managed operating system
package is contracted for and maintained. A compromised server
creating network interference will result in immediate Customer
notification and will be disconnected from the network immediately so
as to not directly affect other Customers. No service credits will
be issued for outages resulting from disconnection due directly to
breached server security. The Customer is solely responsible for any
breaches of security affecting servers under Customer control,
including repairing the system, terminating the account(s) of the
abusive user(s), and reporting occurrence of the issue to
abuse@levelhosting.ca. If a Customer intentionally creates a security
breach, the cost to resolve any damage to Customer's server or other
servers will be charged directly to the Customer. The labor used to
resolve such damage is categorized as emergency security breach
recovery and is currently charged at $200.00 CDN per hour.
System and Network Security
Violations of system or network security are strictly prohibited,
and may result in criminal and civil liability. Company investigates
all incidents involving such violations and will cooperate with law
enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server
(example: viruses, worms, Trojan Horses, key loggers, and other
executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet
communication and/or connectivity. Security breaches include, but are
not limited to, accessing data of which the Customer is not an
intended recipient or logging into a server or account that the
Customer is not expressly authorized to access. For purposes of this
section, "disruption" includes, but is not limited to port scans,
flood pings, email-bombing, packet spoofing, IP spoofing and forged
routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Circumventing user authentication or security of any host, network or account, including “cracking.”
- Interfering with or denying service to any user, host, or network
other than the Customer's host (example: denial of service attack or
distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific
services, hosts, or networks, including but not limited to the
forging of packet headers (“spoofing”) or other identification
information.
- Using any program script/command, or sending messages of any kind,
designed to interfere with or to disable, a user's terminal session,
via any means, locally or via the Internet.
- Failing to comply with the Company's procedure relating to the
activities of Customers on the Company's premises. Violators of the
policy are responsible, without limitations, for the cost of labor to
correct all damage done to the operation of the network and business
operations supported by the network. Such labor is categorized as
emergency security breach recovery and is currently charged at $200.00
CDN per hour required. Network interference by any Customers that may
cause or is currently causing network interference with another
Customer will be disconnected immediately. No service credits will be
issued to Customers disconnected for network violations.
Internet Etiquette
Each Customer is expected execute reasonable Internet etiquette
(Netiquette), the accepted behavior and expectations of the Internet
community. The Customer will comply with the rules appropriate to any
network to which Company may provide access. The Customer should not
post, transmit, or permit Internet access to information the Customer
desires to keep confidential. The Customer is not permitted to post
any material that is illegal, libelous, and tortuous, indecently
depicts children or is likely to result in retaliation against
Company by offended users. Company reserves the right to refuse or
terminate service at any time for violation of this section. This
includes advertising services or sites via IRC or USENET in clear
violation of the policies of the IRC channel or USENET group.
Child Pornography
Company will cooperate fully with any criminal investigation into a
Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for the actions
of their clients over Company network, and will be liable for
illegal material posted by their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation that
shows a person who is or is depicted as being under the age of
eighteen years and is engaged in or is depicted as engaged in
explicit sexual activity, or the dominant characteristic of which is
the depiction, for a sexual purpose, of a sexual organ or the anal
region of a person under the age of eighteen years or any written
material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Copyright Infringement
Company Data Center infrastructure including network, leased
hardware, co-location services, and other hardware located in the
facility may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in
violation of Canadian or provincial regulation or law, or by the common
law, is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or other intellectual
property rights; including creating, utilizing, distributing
unauthorized copies of software, or the use of BitTorrent or other
types of technologies utilized in the distribution of illegally copied
materials. If Customer copies, distributes or installs software in
defiance of the license agreement, Customer is violating federal
copyright law. Company will cooperate with all law enforcement agencies
in relation to alleged copyright infringement housed in our Data
Centers.
Disclaimer
LevelHosting Inc. retains the right, at its sole discretion, to refuse service to any existing or new individual, group, or business. LevelHosting Inc. also retains the right to discontinue service to anyone with or without notice or accounts in violation of our Terms of use & Acceptable Usage Policy.
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