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Terms of Services

• This Terms of Service Agreement (TOS) is a formal and legally binding agreement between PrimeHost Inc. (we, Company) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the TOS in full.

• All users of PrimeHost Inc. services, and all customers upon signing up for PrimeHost Inc. services, agree to comply with PrimeHost Inc's Terms of Service (TOS). The purpose of our TOS is to ensure customers are using our services with due regard to the rights of other Internet users and in compliance with the requirements of PrimeHost Inc's network environment. PrimeHost Inc. reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to the www.PrimeHost.ca web site or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@PrimeHost.ca This TOS supersedes any other agreement with PrimeHost Inc. or it's owners; written, oral, by conduct, or otherwise.

The following content types are not allowed on our servers: cracked/pirated software, illegal mp3s, virus/trojans (nor can you link to it). No pornography, wares sites, IRC bots, hack programs, hack archives, game servers, adult sites, forums, heavy CPU Usage and Resources Sites and audio, video, and software downloading web sites; audio or video streaming web sites. Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination.

• Examples of unacceptable material and sites:

  * IRC Scripts/Bots
  * Any Heavy CPU Usage and Resources sites
  * AutoSurf/PTC/PTS/PPC sites
  * Mail Bombers/Spam Scripts
  * Topsites
  * Proxy Scripts/Anonymizers
  * Warez sites
  * Lottery sites
  * Pirated Software/Warez sites
  * Image Hosting Scripts
  * IP Scanners
  * Hate/Racist/Harassment oriented sites
  * Hack programs and archives
  * Bruteforce Programs/Applications/Scripts
  * Pornography
  * Game Servers including PBBGs/RPGs/MUDs
  * Investment Sites e.g. FOREX, Ponzi, MLM/Pyramid Schemes, etc.
  * Adult sites
  * Download sites
  * Commercial Banner Ad rotation sites

We reserve the right to suspend any site that violates our TOS without prior notice. Account termination for TOS violation negates any refund for unused time.

It is your responsibility to ensure all scripts/programs installed under your account are secure and up to date. As well permissions of directories are set properly, regardless of the installation method.

If we find your account to be using an outdated or unsecure script/program you will receive an email notice to update the script/program within a reasonable timeframe. Failure in doing so, will result in the account being suspended. Repeat offenders needing constant reminders to update scripts or programs will have their account suspended and service not renewed.

Users are ultimately responsible for all actions taken under their account.

• 3.) Email Policy and Zero Tolerance Spam Policy
  PrimeHost Inc. has a zero stance policy on SPAM, Junk Email or UCE. Spam, Junk-mail and UCE are defined as: The sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes email with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of PrimeHost whether or not the message actually originated from our servers.

3.a) Mailing software: The use of any type of Mailing software including and not limited to mail.php, MailerPro, on our servers is strictly prohibited.
3.b) Drop-Box Accounts: Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
3.c) Header Forgery: Forgery of email headers "spoofing" is prohibited.
3.d) Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
3.e) Relaying: Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
3.f) Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to PrimeHost Inc. upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
3.g)Mailing Lists: PrimeHost Inc. mass mailing rules also apply to mailing lists, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for email information using a double opt-in process or that has made their email address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
3.h) Any user who sends out spam will have their account terminated immediately without notice and will not be refunded.
3.i) PrimeHost Inc. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this TOS, at its sole discretion. PrimeHost Inc. also reserves the right to make any such modifications in an emergency at our sole discretion.
PrimeHost Inc. reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee. The cost of the clean up fee is left entirely to the discretion of PrimeHost Inc. so DO NOT SPAM.
3.j) Should your actions cause PrimeHost Inc's mail servers or PrimeHost Inc. IP address ranges or our partners' mail servers or IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges. The cost of the clean up fee again is left entirely to the discretion of PrimeHost Inc.

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  4.) Payment Information
  You agree to supply appropriate payment for the services received from PrimeHost Inc., in advance of the time period during which such services are provided. You agree that until and unless you notify PrimeHost Inc. of your desire to cancel any or all services received, those services will be billed on a recurring basis. PrimeHost Inc. reserves the right to adjust pricing plans and optional fees.
  

• PrimeHost Inc. also reserves the right to change the monthly payment amount and any other charges at anytime.

Late Payments:

There is a 24 hour grace period on payments. Your account is in risk of suspension if payment is not received by 12:01am the day after your account is due. Failed credit card payment attempts are subject to a $0.50 charge per failed attempt. Any account more than 7 days past due is subject to a 2% late fee with a minimum $1 late fee charge. Month-to-month accounts that are constantly paid late, may be required to pay a minimum three months upfront. Accounts 30 days past due may be terminated and deleted from our servers without notice.

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  5.) Backups and Data Loss
  PrimeHost Inc. is not responsible for files and data residing on your account on our servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PrimeHost Inc. servers. Your use of the service is at your sole risk.

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• Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by PrimeHost.

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  6.) Cancellations & Refunds
  PrimeHost Inc. reserves the right to cancel service at any time with or without notice.
  

• Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised.

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  Clients may cancel at anytime by logging in into the Client Billing/Support area and cancelling. The cancellation will be effective as of your next billing date. Cancelled accounts are non-refundable and non-transferable.
  
  On shared and reseller hosting plans, we offer a 30 day money back guarantee to first time clients only. Should you cancel your plan within the first 30 days of signup, PrimeHost Inc. will refund to you only the hosting portion less any credit card and verification processing fees.
  
  Dedicated IPs, SSL Certificates, Domains, Setup Fees, credit card processing fees, etc are not refundable. We reserve the right to refuse a refund if we find that you used your account against our Terms of Service. If cancelling service within the first 30 days, we reserve the right to charge a fee for hosting services that have been rendered.

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  7.) Resource Usage
  

  Users may not initiate the following:
  a) Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

  b) Use 5% or more of system resources in a given 24 hour period beginning at midnight. This includes memory, cpu, mysql usage. Accounts utilizing 5% or more of server resources will be asked to either: upgrade to a larger plan or upgrade to a semi-dedicated or dedicated server.
  c) Run any type of interactive real-time chat applications that require server resources.
  d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
  f) Run any bit torrent application, tracker, or client. Nor link to torrents, host or store them.
  g) Participate in any file-sharing/peer-to-peer activities.
  h) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  i) Run cron jobs with intervals of less than 59 minutes.

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  8.) Bandwidth Usage
  You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

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  9.) Money Back Guarantee
  We reserve the right to refund a prorated amount or no refund at all if you were found in discordance with our TOS. PrimeHost Inc. hosting plans carry a 30 day money back guarantee. Within the first 30 days, if you are not completely satisfied with our services we will issue a refund on the hosting portion less any credit card, banking, verification and processing fees. This guarantee applies ONLY to first time customers. Domain Name Registrations, Domain Transfers and Add-ons are NON-REFUNDABLE. When cancelling under the 30 day money back guarantee, please allow up to 14 days for your refund to be issued.

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  10.) Indemnification
  Customer agrees that it shall defend, indemnify, save and hold PrimeHost Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PrimeHost Inc., its agents, its customers, its owners 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 PrimeHost Inc., it's owners and partners against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PrimeHost Inc. (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 PrimeHost Inc. servers.

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  11.) Disclaimer
  PrimeHost Inc. will not be responsible for any damages your business may suffer. PrimeHost Inc. makes no warranties of any kind, expressed or implied for services we provide. PrimeHost Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PrimeHost Inc., it's owners, and/or its employees or partners.
  

• PrimeHost Inc. reserves the right to refuse service to anyone for any reason. We reserve the right to limit what scripts and software are uploaded to our servers.

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  12.) Changes to the TOS
  PrimeHost Inc. reserves the right to revise its policies at any time without notice simply by posting the the terms on this web page.

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  13.) Technical Support
  PrimeHost Inc. offers technical support via our billing/support system located at https://primehost.ca/billing/clientarea.php. We do not provide technical support via telephone. The phone is for sales, billing or emergency use only. Abuse of our support staff will not be tolerated. Our staff will always respond in a courteous and respectful manner. This is our guarantee. We ask that you do the same. We reserve the right to suspend or terminate your account if we find you to be abusive to our support staff.

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  14.) Adult Material
  PrimeHost Inc. does not allow Porn sites on our servers. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. We will actively work with law enforcement officials to prosecute child pornography or those found to be breaking the law. It is your responsibility to adhere to local laws. We do not allow porn whatsoever. It is at PrimeHost Inc's sole discretion to decide whether your content is acceptable under these terms of service. If you are not certain whether your content violates this TOS, please contact us.

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  15.) 99.9% Uptime Policy
  PrimeHost Inc. promises to have your web site online 99.9% of the time in a full month. Should we fail to deliver 99.9% uptime, you will receive a credit for 10 times ( 1,000% ) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.1% allowed), you will receive 10 hours of credit. All requests for compensation must be received within 3 business days of the incident in question.
  This Policy excludes all scheduled maintenance, reboots, acts of god, backbone issues, DDoS attacks, hardware failures or data center induced outages. For accurate uptime monitoring please use a third party monitoring system.

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  16.) Resellers: Client Responsibility
  Resellers are responsible for supporting their clients. Your customers must abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts. PrimeHost 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.

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• You agree that neither you nor your clients can hold PrimeHost Inc. responsible for services that you offer.
  
  PrimeHost Inc. will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. Resellers are also responsible for all content stored or transmitted under their reseller account, as well as, the actions of their clients. If you abuse our services, we reserve the right to cancel your account, which will also cancel your clients accounts.

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  17.) Maintenance
  PrimeHost Inc. designates time periods ("Scheduled Maintenance Windows") during which it may limit or suspend the availability of the hardware and/or software involved in providing its Services and Products (an "Outage") to perform necessary maintenance or upgrades. Scheduled Maintenance Windows currently are between the hours of 12 am and 5 am Eastern Standard Time. If planned maintenance has the possibility of making the server or servers, as the case may be, utilized by Customer inaccessible to the Internet during a Scheduled Maintenance Window, PrimeHost Inc. will provide not less than twelve (12) hours prior electronic mail or other notice to Customer of the Scheduled Maintenance Window during which the Outage is planned. In addition, PrimeHost Inc. reserves the right to perform any required maintenance work outside of the Scheduled Maintenance Window with prior notice to Customer. PrimeHost Inc. will provide not less than twelve (12) hours notice for work performed outside of the normal scheduled maintenance window.

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  18.) Limitation of Liability
  PrimeHost Inc. liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to PrimeHost Inc. under this Agreement within one year preceding the date Customer contends its claim arose.

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  In no event shall PrimeHost Inc. be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if PrimeHost Inc. has been advised of, or is aware of, the possibility of such damages.

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  19.) Governing Law
  This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and Quebec, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

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  20.) Domain Registrations and Renewals
  PrimeHost Inc. will make every effort to register, transfer or renew your requested domain name. This does not guarantee that your requested domain name is available for registration, transfer or renewal. Your domain name may go unregistered, untransferred or unrenewed, due to circumstances beyond our control, such as: registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are solely responsible for monitoring your domain expiration date and making sure you renew it before it expires.

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  20.a) An order for domain name registration, transfer and/or renewal, does not guarantee that the domain name will be available for registration, transfer or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If a requested domain name is paid for, to PrimeHost Inc., and subsequently not registered, transferred and/or renewed by PrimeHost Inc., the domain registration fee will be refunded.
  20.b) By placing an order for domain registration, you agree to the Uniform Domain Name Dispute Resolution Policy.

• 20.c) Domains registered through PrimeHost and not hosted on PrimeHost Inc servers are subject to additional annual fees.

• Also note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorized access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.