| Terms of Use |
| Vendorland.ca ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Company's Service constitutes acceptance and agreement to Company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Company. Indemnification Policy You agree to use all Company's services and facilities at your own risk. The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Company, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Company against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise
distributed in connection with Company's servers; The Company shall be the sole judge of what violates this Policy. SPAM Policy The Company is committed to a zero-tolerance, Anti-Spamming policy. Under this policy, Company prohibit Spam, or any unsolicited commercial email, from being sent either: Over Company's network, by Customers or any other users of Company's network (including Customers' customers); AND/OR over ANY network, if the message(s) sent advertises or mentions a site hosted on Company's servers. The Company react very quickly and seriously to violations, and further reserve the right to terminate the services, without prior notice, of any Customer disregarding this policy. Sending unsolicited commercial email (also known as "Spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to Company's email address(es) or web site URL(s) is prohibited. The use of Company's servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $500 with no refunds given. Content Policy All services provided by Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material(s) in violation of any United States and/or Canada Federal, State/Province or City law is prohibited. This includes, but is not limited to: copyrighted material(s), trademark, intellectual property, material(s) Company judge to be threatening or obscene, or material(s) protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Company from any claims resulting from the use of the service which damages the subscriber or any other party. Illegal pornography and sex-related merchandising is prohibited on all Company's servers. This includes sites that may infer illegal sexual content, or links to illegal adult content elsewhere. Company will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Company's servers or any other server on the internet. Links to such material(s) are also prohibited. Examples of unacceptable content or links: Pirated software; The Company does not host sites of its competitors or web pages promoting sites of its competitors with exception for resellers using reseller's services provided by Company. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. The same is also applicable for all resellers and any other sub accounts hosted under these reseller accounts. Company will be the sole arbiter as to what constitutes a violation of this provision. CGI Scripts Policy Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however Company reserve the right to disable any CGI script that effects normal server operation or service to other Company's Customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. The Company is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers. Chat Policy The Company does not allow chat rooms. You can however use the chat room software that comes pre-installed in your cPanel, however Company reserve the right to disable any CGI script that effects normal server operation or service to other Company's Customers. Domains Whois The Company holds its own contact details in the Whois for Domains registered through the Company. Domains not transferrable to other registrar if the subscriber's account has past due invoices. Backups Full backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for servers' restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The Backup Manager is included in each hosting plan and you can use this tool to backup your files. Our Guarantees Moneyback Guarantee. The Company offers a 30 day moneyback guarantee for monthly payments only. One 30 day moneyback refund for Customer allowed per 180 days to prevent abuse. No refunds will be available for Customer's account which break any terms of the TOS. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations and transfers, dedicated servers. As a conclusion, refunds are for Company's hosting and reseller packages only. After the end of the 30 day period the Payment Policies apply on all services. Uptime Guarantee. The Company offer a 99,9% uptime guarantee. The Company calculate average uptime per each server using distributed monitoring systems each month beginning for past month. If Company failed to maintain 99,9% availability of Customer's site(s) during any single calendar month, Customer may request a credit of 50% off that month's hosting fee, but not later than 7 days after that month's end, by sending a notice to sales@vendorlandhosting.com. The Company do not offer a credit when interruptions are caused by scheduled maintenance(s) or cases beyond our control (interruption and/or failure of telecommunication and/or digital transmission links, power outages, network attacks, network congestion); errors from Customer's own custom scripting or coding; outages that do not affect the appearance of Customer's web site but merely affect access to Customer's site (such as FTP, POP3/IMAP, SMTP); when average server's uptime calculated equal or greater than 99,9% during calendar month; when notice sent later than 7 days after month's end. All Moneyback and Uptime refunds sent without processing fees applied on them. Payment Policies Establishment of these services are dependent upon receipt by Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations and transfers, dedicated servers, any extra charges, as well as for quarterly, bi-annual and annual payments. As a conclusion, refunds are for Company's hosting and reseller packages only. The above applies to all accounts and services provided by Company. Notices for outstanding invoices are sent 10 and 2 days prior due date. Service will be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by Company may be turned over to an outside collection agency for collection. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Company's sole discretion is a valid charge under the provisions of the TOS, you agree to pay Company an "Administrative Fee" of $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Account Cancellation Customer should email cancellation request with at least 7 days, but no more than 30 days, notice to admin@vendorlandhosting.com with cancellation reason, domain name, account's username and password. The Company verify the details sent and ensure that Customer has no past due invoices, then email back to the Customer asking for confirmation; Customer should pay all past due invoices, if any, respond and confirm account's cancellation. Customer's data removed from the Company's servers as soon as confirmation email from a Customer received and past due invoices paid, if any. |