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Terms of Service

AGREEMENT

Live Chat In this Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" or “THC” refer to Tophostingcenter.com Division of Proweb Consultants Inc. and "Services" refers to the domain name registration, Web Hosting provided by us as offered through Tophostingcenter.com, This Agreement explains our obligations to you, and explains your obligations to us for various Services or dedicated servers.

GENERAL

 

A. THC claims no control whatsoever over the content of the information passing through the THC WEB SYSTEM. THC makes no warranties of any kind, whether expressed or implied, for the service it is providing. THC also disclaims any warranty of merchantability or fitness for a particular purpose.

B. THC will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

C. THC WEB HOSTING SYSTEM may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

D. THC has the right to refuse to host adult content and to remove it from our servers at any time. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline requests for web space
rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, hacking tools, or any consideration to file sharing). Any violations of these terms will lead to an immediate suspension of your account, with *no refunds* whatsoever.

E. At THC and its officer's discretion, access to THC WEB HOSTING SYSTEM may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. THC and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.

F. You agree to indemnify and hold harmless THC from any claims resulting from your use of the service which damages you or another party.

G. Use of any information obtained via THC WEB HOSTING SYSTEM is at your own risk. THC specifically denies any responsibility for the accuracy or quality of information obtained through its services.

H. Telnet and Shell Access is strictly prohibited with all THC Shared hosting plans.

I. You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary.

J. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.

K. If the disk usage, transfer limit or number of email accounts of a hosted package is exceeded, the user's account will be charged for extra bandwidth, disk space and/or email accounts according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their package's respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. If payment for extra usage is not received within 10 days of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.

L. Without prior notification, THC reserves the right to suspend or terminate accounts, remove or modify any files which are deemed to be a threat to the functionality or existence of THC 'S WEB HOSTING SYSTEM.

M. Miva Merchant or SSL license keys are nonrefundable.

N. If any THC account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User server Virtual Server. We reserve the right to make this determination at our discretion.

O. Use of THC WEB HOSTING SYSTEM constitutes acceptance of these Terms and Conditions.

 

P. Server Resources -  *This paragraph refers to shared hosting only.

  1. Running programs in the background on a THC’s server without  prior written authorization, or running chat rooms, Internet Relay Chat (IRC) or IRC Bots, more then 1200 emails a day and the like are not acceptable uses of THC's servers.  Further, any usage of fifteen percent (15%) or more of our system resources is an undue burden on our system and is unacceptable.
  2. THC offers unmetered bandwidth policy for all shared hosting plans. Site owners will not be billed separately for the bandwidth usage. If the amount of data transfer exceeds the user's plan subscription, the account will not be suspended but the user will receive a warning through an email. THC ensures that legitimate websites' services will not be disrupted and a positive option may be given to the site owner who exceeds the alloted bandwidth.
  3. THC Web Hosting intends to offer services to host web sites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited.

Q. Commercial Advertising - E-mail

ANY form of spamming activity (e.g. mail spam, Usenet spam, pop-up spam, selling/buying spamware, and so on) conducted ANYWHERE on the Internet, i.e. whether through our facilities or not, will be:

  1. grounds for instant, permanent termination of all services with no prior warning;
  2. will be grounds for seizure of all on-premises equipment and data;
  3. will be grounds for forfeit of all funds paid;
  4. will result in a demand for payment of a fine (to cover damage to our reputation)
  5. $600/incident/spam clean-up fee, all of which is payable within 24 hours or will be referred to a collection agency;

R. Affiliates Management

Please for all questions concerning THC's affiliates program, click here.
THC will be the sole arbiter as to what constitutes a violation of this provision.

 

1.0 Account Payment

A. Payment via Credit Card:
THC, accepts payments via MasterCard, VISA, AMEX and Paypal . Usage of a credit card indicates authorization to cover all future recurring charges and additional fees with the credit card on file. Credit cards will be charged on the renewal date for the account.
Please in the case of a dedicated server order fill the credit card application form:
http://www.tophostingcenter.com/images/creditcardform.pdf
And fax it to 1-514-227-5488 or to : billing@tophostingcenter.com

 

B. Other Payment Methods:
THC, accepts Paypal and doesn’t accept personal check, company check, echeck, wire transfer and money order. All funds must be payable in US dollars and THC doesn’t accept international checks in foreign currencies.


2.0 Late or Non-Payment

 

A. Accounts with Non-Usable Credit Cards

Credit cards on file are not usable when any of the following occur:

  1. The card has expired; 
  2. The card declines the charges; 
  3. The card is reported lost or stolen; 
  4. The card is declared invalid. 
    1. You will receive an invoice 1 day prior to your renewal.
    2. After 4 days pass you will receive another invoice. (Reminding you of the outstanding balance)
    3. On the 7th day, you will receive a Suspension notice with the date your account will be suspended.
    4. If your balance has not been brought to zero, the account will be suspended (a $35 reactivation fee will apply and your billing date will be changed to the date payment was received).
    5. If payment has still not been made, we will leave the server in its spot offline for 1 week. If we have not heard back from you or receive payment, your server will be taken offline and resold "ALL FILES WILL BE DELETED FROM OUR SYSTEM"

3.0 Cancellation Policy

 


A. Requesting an Dedicated Server Account Cancellation

A cancellation will only be accepted if it is done by writing to THC's Customer Care email address at least fifteen (15) days in advance of the date of renewal. Accounts cancelled before fifteen (15) days notice will have to be cancelled at the end of the next term and shall be charged accordingly.


 

B. Results of a Cancellation

When a cancellation request is made, THC will immediately remove all configuration information as well as all contents of the account on the date of the next renewal of the account. Customer may request immediate cancellation if so desired THC will remove all files. This may include unread e-mail left on the server.

THC does not offer refunds for services after the initial four (4) days of service. THC does not issue prorated refunds for prepaid service.

 

4.0 Refund Policy

 

A. Refunds within the First 30 Days of Service or Money Back Guarantee
Refunds will be credited to the credit card on file or Paypal account used to order service.

  1. The THC Money Back Guarantee applies to Linux and Microsoft Shared Hosting, Microsoft Exchange Hosting, and VPS (Virtual Private Servers).
  2. Refund only applies to monthly fees.
  3. The THC Money Back Guarantee “does not apply” to dedicated managed THC Server products. All monthly and setup fees for dedicated managed Server products are non-refundable.
  4. The THC Money Back Guarantee starts on the date when the initial order was placed.
  5. THC has no refund policy for domain name registration fees.

Bandwidth

  1. THC has no refund policy for unused bandwidth.
  2. Upon availing of the 30-day Money Back Guarantee, a customer whose account exceeds the included bandwidth will be required to pay the additional bandwidth accrued.

Miscellaneous

  1. THC has no refund policy on additional or optional services/ features added from the Control Panel by the customer.
  2. Customers switching from one THC package to another THC package shall be deemed to have exhausted the 30-day period, and are no longer eligible for the Money Back Guarantee.
  3. A customer can only use the Money Back Guarantee once, and for only one account.
  4. The 30-day money back guarantee does NOT apply to software.
  5. A customer whose account has been suspended or terminated due to the breach of any part of the THC

Conversion/Upgrade Conditions from Rudolf to Speedy Hosting Plan

  1. Fifty percent (50%) of Rudolf price ( 95$) will be applied to a 24 months Speedy plan with a promo code.
  2. The 30 days money-back guarantee of Rudolf hosting plan will be lost during the conversion to Speedy.
  3. A minimum of 6 months contract will be applied. This means that no cancellation is possible for the next 6 months when Rudolf is upgraded to Speedy.
  4. There will be no additional free domain name or domain transfer. The free domain name registration or domain transfer associated with Speedy hosting plan is only applicable to new customers.
  5. No refund for Rudolf plan through Speedy plan will be possible.

B. No Refunds Outside of the First 30 Days

  1. THC does not offer refunds for services after the initial thirty (30) days of service.
  2. THC does not issue prorated refunds for prepaid service.

5.0 Limitation of Liability

 

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or is statements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($400.00) dollars.

 

6.0 Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF QUEBC AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN QUEBEC AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

 

7.0 Infancy
You attest that you are of legal age to enter into this Agreement.

8.0. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


THC Management

 

Tophostingcenter.com