HOSTING & DOMAIN POLICY
The terms and conditions contained herein shall be incorporated by reference to and are deemed to be included in and form part of the Individual Client Agreement, Ultimate Side Hustle – Platinum Membership (the “Agreement“) between Carrie Mifsud o/a Carrie’s Courses Corporation (the “Supplier“) and the client named in the Agreement (the “Client“) and by executing the Agreement the Client is deemed to have read, understood and agreed to the terms and conditions contained herein.
1. Services to be Provided
1.1 Web Hosting Services. Subject to the terms and conditions contained herein, the Supplier will use commercially reasonable efforts to host the Client’s Website and other Client Content for access by Internet users (the “Hosting Services”). For the purposes of this Policy, “Website” means a series of interconnected web pages intended to be accessible by Internet users with a web browser and “Client Content” means all production media, content, documentation, data, images, text, software, web pages, artwork, trademarks, tradenames, logos, sound, graphics, video, files and other material, however stored and/or encoded, that is supplied by the Client to the Supplier for the purposes of the Supplier performing the Services, including without limitation the Client’s Website.
1.2 Allocation of Server Space and Bandwidth Transfer. The Supplier agrees to allocate 10,000 mb of server space on its server and 1,000 mb of monthly bandwidth transfer to the Client for the Hosting Services.
1.3 Domain Registration Services. Subject to the terms and conditions contained herein, the Supplier agrees to register a domain name (the “Domain”) for the Client (the “Domain Services”). Such Domain shall be pre-approved by the Supplier prior to registration, shall not be a “premium” name, to be determined in the Supplier’s sole discretion, and is subject to availability and all applicable laws.
2. Client Responsibilities
2.1 Format of Media. The Client is responsible for the posting of its Website and all Client Content via file transfer protocol, commonly known as “FTP” it may provide the Supplier with a copy of its Website and Client Content in HTTM format ready to be placed on the Supplier’s server, without modification or validation.
2.2 Compliance with Laws. The Client agrees to adhere to all local, provincial, federal and international laws in posting its Website and Client Content to the Supplier’s server and in using the Supplier to provide the Hosting Services and the Domain Services (collectively the “Services”), including but not limited to those laws regarding:
- restrictions on publishing, printing, distributing, possessing, selling, advocating, promoting or exposing, obscene or threatening material, child pornography, or hate propaganda (and the Client understands that these situations could generate criminal liability);
- restrictions on the use of trade-marks or trade names, or any work which is protected by copyright, trade secret, patent or other intellectual property laws, including without limitation, software;
- restrictions on the distribution and dissemination of unsolicited commercial electronic messages;
- restrictions on defamation, libel, harm to reputation, invasion of privacy, misuse or failure to protect personal information, violation of secrecy, confidentiality, unfair competition and other situations which could generate liability; and
- export and import restrictions.
2.3 Responsibility for Website Content. The Client agrees to be solely responsible for all Client Content provided to the Supplier or posted on the Supplier’s server and for the design of Client’s Website and the implications of the hosting of the Client’s Website and Client Content and any and all items, statements or other content transmitted, posted, received or created through the Client’s Website, even if transmitted, posted, received or created by someone else.
2.4 Responsibility for Domain. The Client agrees to be solely responsible for determining whether its selected Domain infringes the legal rights of others.
2.5 Compliance with Rules and Regulations. The Client agrees to comply with all of the Supplier’s Internet policies, acceptable use guidelines, rules and regulations as may be established by the Supplier, in its sole discretion, from time to time, including, but not limited to those at Section 5.1 hereof.
2.6 Representations and Warranties. The Client hereby represents and warrants to the Supplier, acknowledging that the Supplier is relying on such representations and warranties:
- that the Client has the right to allow the Supplier to perform the Services; and
- that the Client is the lawful owner or duly authorized licensee of all Client Content and has the legal authority to use the Client Content in the manner required for the Supplier to provide the Services.
2.7 Grant of License. The Client hereby grants to the Supplier and the Supplier accepts a non-exclusive, royalty-free, worldwide license to use the Client’s Website and Client Content, as reasonably necessary or desirable in order for the Supplier to provide the Services and any other obligations of the Supplier under this Policy or at law.
3. Term & Termination
3.1 Term. The Services shall commence upon the latter of the date upon which the selected Domain is registered and/or the date upon which the Client is provided access to their Website (the “Services Commencement Date”). The initial term of the Services shall be for a period of twelve (12) months from such Services Commencement Date (the “Initial Term”).
3.2 Automatic Renewal. Provided that the Client is in compliance with all terms and conditions hereunder, the Initial Term will automatically renew at the end of the Initial Term for successive renewal terms unless earlier terminated in accordance with the provisions of this Policy, upon the same terms and conditions contained herein, except that all fees payable by the Client to the Supplier for the Services will be the Supplier’s then current fees. This Agreement will not renew if either the Client or the Supplier has delivered to the other at least thirty (30) days before prior to the end of the Initial Term or any renewal term, whichever is applicable, written notice of its intentions not to renew the term hereof.
3.3 Termination. Without limiting any other rights or remedies available to the Supplier, at law or in equity, the Supplier has the right to terminate the provision of Services immediately and without notice to the Client, if:
- the Client is in breach or default of any of its obligations hereunder and such breach or default continues unrectified for fifteen (15) days following the provision of written notice of such breach or default to the Client;
- the Client voluntarily enters into proceedings in bankruptcy or insolvency, makes an assignment for the benefit of its creditors, is adjudged to be bankrupt or insolvent, a petition is filed against the Client under a bankruptcy law, corporate reorganization law, or any other law for the relief of debtors or similar law and such petition is not discharged with sixty (60) days after its filing, or a receiver, trustee or similar person is appointed with respect to the Client’s assets;
- the Client ceases to carry on its business; or
- the Supplier has not received any payment when due under this Agreement
3.4 Migration after Termination. In the event the provision of Services to the Client is terminated in accordance with the terms hereof, the Client is solely responsible for the transfer of its Website and/or Domain to a new service provider, including any and all fees and costs associated therewith. The Client agrees to assume ALL RISK of a transfer and/or migration of its Website and/or Domain and it shall be the Client’s responsibility to make sure any required backup(s) is done prior to any such transfer and/or migration. The Client shall not be entitled to a refund for any unexpired portion of the term hereof after such transfer and/or migration.
4.1 Fees for Services. Provided that the Client is in compliance with all terms and conditions hereunder, the Initial Term will automatically renew at the end of the Initial Term for successive renewal terms unless earlier terminated in accordance with the provisions of this Policy, upon the same terms and conditions contained herein, except that all fees payable by the Client to the Supplier for the Services will be the Supplier’s then current fees. The Client can check for the current annual rate by clicking here if paying in USD, or here if paying in CAD. If the Client has just completed their first year in the Program, they will receive a message from the Supplier telling them that their annual fee is due for the next 12 months. Client will sign up for reoccurring payments as a subscription basis which will be paid annually. After Client’s first year of paying the fee, this Agreement will not automatically renew if either the Client or the Supplier has delivered to the other at least thirty (30) days before prior to the end of the Initial Term or any renewal term, whichever is applicable, written notice of its intentions not to renew the term hereof.
4.3 Interest. Interest will be charged on all overdue amounts at a rate of 8% per annum or the maximum rate allowable by law, whichever is less.
4.4 Unused Services. Any unused Services may not be transferred and/or assigned by the Client and prepaid fees are non-refundable and not subject to setoff for any reason whatsoever.
4.5 Overage Charges. In the event the Client requires additional server space and/or monthly bandwidth above the limits specified in Section 1.2 hereof, the Client will be charged $25 per month for 1,000 mb of additional disk space and $25 per month for 100 mb of additional bandwidth. Such overage charges will be due and payable immediately upon the Client exceeding the limits set out in Section 1.2 regardless of whether Client requests such additional server space and/or bandwidth.
5. Acceptable Uses
5.1 Acceptable Use Guidelines. The following are the guidelines for use of the Services:
- the Services must be used for lawful purposes only;
- the Client shall not use the Services to upload, download, transfer or transmit any illegal content;
- the Client shall not participate in the mass distribution of unsolicited email / newsgroup messages;
- the Client shall not circumvent user authentication or security of any host, network, or account;
- the Client shall be responsibility for the Services use of any subsidiaries, affiliates, partners, suppliers and otherwise clients that directly or indirectly utilize the Supplier’s Services provided to the Client;
- the Client shall not post, transmit, distribute or disseminate content which is unlawful, threatening, harassing, abusive, libellous, slanderous, defamatory or otherwise offensive or objectionable or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
- the Client shall not use the Services to access any computer systems, software, data or any confidential, copyright protected or patent protected material of any other person without the knowledge and consent of such person, make unauthorized attempts to gain access to any account or computer resource not belonging to the Client (i.e., engage in “spoofing”) or otherwise gain unauthorized access to, alter or destroy any information of another person by any means or device;
- the Client shall not use the Services to upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material which is confidential, protected by copyright or other intellectual, property or proprietary right, or related derivative works, without obtaining permission of the copyright owner or right holder;
- the Client shall not disrupt the Supplier’s server, or the nodes or services thereof, or, directly or indirectly, use the Services to restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the use of the products or services of the Supplier or the Internet, including, without limitation, knowingly posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, cancelbot, Trojan horse or other harmful, debilitating or disruptive feature or engage in unauthorized linking or framing;
- the Client shall not make, directly or indirectly, any of the products or services received from the Supplier available to any third party and shall not permit any third party to gain access to Supplier’s server for the purpose of obtaining any of the products or services of the Supplier, whether directly or indirectly;
- the Client shall not engage in any activity that the Supplier may hereafter advise is an unacceptable use of the Services;
- the Client shall use its best efforts to inform all users of its Website of the key themes of acceptable uses described herein;
- the Supplier shall have no obligation to monitor the compliance of the Client with the guidelines set out herein.
5.2 Violation of Guidelines. In the event that the Client breaches the guidelines set out in Section 5.1 above, the following provisions shall apply:
- the Supplier shall have the right to remove any and all materials that, in its sole opinion, infringe the restrictions set out herein;
- the Supplier may immediately and without notice, suspend the supply of any and all Services to the Customer;
- any such suspension of the supply of Services shall not constitute a termination of the Agreement and shall not excuse the Client from liability to make the payments to the Supplier required hereunder during the period that the provision of the Services to the Customer is suspended; the supply of Services shall resume upon the Client no longer being in breach of the requirements hereunder and the payment by the Client to the Supplier of any and all costs of the Supplier to suspend and restore service and a $25 reinstitution charge;
- continued breach of the requirements hereunder may result in immediate termination of the Agreement, including the provision of Services hereunder, without further obligation from the Supplier to the Client;
- any suspension and/or termination contemplated herein shall be without prejudice to any other rights or remedies available to the Supplier at law or in equity.
6. LIABILITY & INDEMNIFICATION
6.1 No Representation or Warranty. The Services are not guaranteed and are provided on an “as is” basis and the Supplier gives no representations, warranties or conditions of any kind, express or implied, including without limitation warranties as to uninterrupted or error free service, accessibility, privacy of files or electronic messages, security, merchantablitiliy, quality or fitness for a particular use or purpose and those arising by statute or otherwise, or from a course of dealing or usage of trade.
6.2 No Liability. In no event will the Supplier, its principals, employees, agents, contractors or affiliates or any party associated with the Supplier be liable to the Client for any claim whatsoever, including, but not limited to any claim for:
- punitive, exemplary or aggravated damages;
- damages for loss of profits or revenue, failure to realize expected savings, loss of use or lack of availability of Client Content or other client materials or facilities (including its computer resources, Website and any stored data);
- indirect, consequential or special damages of any kind;
- contribution, indemnity or set-off in respect of any claims against the Client by any third party;
- any damages whatsoever related to third party products, client materials or any goods or services not developed or provided by the Supplier; or
- any damages whatsoever relating to interruption, suspensions, delays, errors or omissions of the Services.
6.3 Limitation on Liability. Without limiting the generality of either Section 6.1 or 6.2 hereof, the maximum total liability of the Supplier for any claim whatsoever, under any circumstances, including claims for breach of contract, tort, negligence or otherwise, and the Client’s sole remedy, will be strictly limited to an award for direct, provable damages not to exceed the amount of fees paid to the Supplier with respect to the Services.
6.4 Indemnity. The Client agrees to defend, indemnify and hold the Supplier, its Supplier, its principals, employees, agents, contractors and affiliates and any party associated with the Supplier, harmless from any and all loss, damage or liability, including legal costs, that the Supplier may incur as a result of or in connection with any of the following:
- the provision of the Services;
- the Client’s Domain, Website and all Client Content;
- the infringement, whether intention or unintentional, voluntary or involuntary, of any intellectual property or other similar rights of any third party resulting from or arising in connection with the provision by the Supplier of the Services; or
- any breach by the Client of any of the provisions of this Policy, including without limitation the restrictions described in Section 2.2 hereof.
7.1 General. All amounts set out herein are in due and payable in American dollars (USD). If any provision of this Policy is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. A failure by the Supplier to exercise or delay in exercising a right or power conferred upon it in this Policy shall not operate as a waiver of any such right or power. The Supplier reserves the right to change the terms and conditions of this Policy from time to time as the Supplier sees fit and the Client’s continued use of the Services will signify acceptance of any adjustment to such terms and conditions. If there are any changes, the Supplier will announce that such changes have been made on their website.
7.2 Force Majeure. The Supplier will have no obligation to provide Services to the extent and for the period that the Suppliers is prevented from doing so by reason of force majeure or any cause beyond its reasonable control, including without limitation the inability to use or the failure of any third party telecommunications carrier or other services.
7.3 Notice. For any notice contemplated under this Policy or to contact the Supplier with respect to the Services, the Supplier shall be contacted at firstname.lastname@example.org.
By entering into the Agreement and/or using our Services you are deemed to have read, understood and agreed to the full terms and conditions contained herein. Further, by using our Services you are deemed to have read, understood and agreed to any and all terms and conditions of Plesk, Contabo and NameSilo, located at https://www.plesk.com/legal/, https://contabo.com/en/legal/terms-and-conditions/ and https://www.namesilo.com/support/v2/articles/policies/terms-and-conditions, and all other terms, policies, guidelines, agreements and/or addendums referenced and/or included therein.