Terms and Conditions of Hosting Services
This policy represents the Terms of Service (“TOS”) of Alexander Killby’s web hosting services in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all of Alexander Killby’s customers agree to when they sign-up for any of the website hosting services. Alexander Killby reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Alexander Killby agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Alexander Killby. Alexander Killby retains the sole discretion to make judgment regarding any violation by any customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customers’ services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Alexander Killby maintaining one or more accounts (each “Account”), you, as the Alexander Killby customer, agree to the following terms of service.
- “We” “Us” or “Provider” or “Alexander Killby” – killby.ca
- “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Alexander Killby however, offers a 99.9% uptime guarantee. This is valid for only our servers and our primary co-location internet connection. Alexander Killby shall obtain services that pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, we are not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of our capability to directly correct. Alexander Killby’s clients are diverse and their websites and the function of those websites are diverse and Alexander Killby cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
ALEXANDER KILLBY MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Alexander Killby nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Alexander Killby, even if Alexander Killby has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL ALEXANDER KILLBY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ALEXANDER KILLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALEXANDER KILLBY’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ALEXANDER KILLBY FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALEXANDER KILLBY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Alexander Killby and his affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto our servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to our equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Alexander Killby’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Terms of Service, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.
Services Provided By Alexander Killby
Alexander Killby will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Members will use the provided services in a manner consistent with any and all applicable laws. Alexander Killby provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Alexander Killby reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Alexander Killby can terminate client’s account without notification.
Alexander Killby may send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Alexander Killby or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Alexander Killby or any third party. Customers may not run IRC, bots or clients. Clients may not use our servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Alexander Killby’s shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record with us. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Alexander Killby will be the sole and final arbiter as to what constitutes a violation of this policy. Alexander Killby does not normally monitor the contents of clients servers, however if suspicion occurs, Alexander Killby reserves the right to investigate and terminate the clients subscription to the service.
What do you mean by “unlimited disk space and bandwidth/data transfer”?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Alexander Killby offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Alexander Killby control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Alexander Killby will make every reasonable effort to notify customer prior to suspension, however, Alexander Killby may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Alexander Killby will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or “Spam” originating from a server located on our network or associated with our servers is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Alexander Killby network but is sent from an e-mail address not associated with that account. Client shall not use their services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Alexander Killby reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Alexander Killby allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Alexander Killby reserves the right to terminate that clients’ account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Alexander Killby concerning unethical, false or unlawful activities by you, we reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Alexander Killby provides the tools needed to create back ups of account data. Alexander Killby’s suppliers also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. We do not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. Alexander Killby sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Alexander Killby may require) is accurate and truthful. All payment-due notices will be sent by e-mail. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made prior to the renewal date and although we send renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact information without notifying us, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
It is the obligation of the Alexander Killby’s customers to know when their account comes up for renewal and, if their intention is to not renew their account, they must notify of their intention to do so at least 5 business days prior to their account’s renewal date to ensure that any automated billing arrangement can be terminated prior to renewal payment. Alexander Killby’s clients receive email notifications 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that we have a valid email address where such notices can be sent. If Alexander Killby does not receive a cancellation request prior to the customer’s renewal, we will renew the clients’ account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed and billed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Alexander Killby to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc. The 30 day money back guarantee applies only to the start date of the clients’ service with us and does not apply to renewals of service.
Clients have the option to pay an invoice at any time by logging into their hosting services billing account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Alexander Killby.
All prices listed are in Canadian Dollars ($ CAD), for all services unless otherwise specified.
Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Alexander Killby has the right to refuse any coupon code that it believes to be invalid. Alexander Killby will honor the lowest advertised price on our website at the time of order.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, Alexander Killby will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves our hosting service within the 30 day money back guarantee.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certifiates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
Website files are the responsibility of the customer and should a customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the server prior to requesting that Alexander Killby cancels their account. Once the cancellation request has been submitted to Alexander Killby, a cancellation of the website hosting service may occur anytime after the request is received by us and when a cancellation request is completed the client’s hosting account with Alexander Killby and their website files are permanently removed from our servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement “SLA”
Alexander Killby offers his clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Alexander Killby will try to maintain maximum uptime. Alexander Killby is not responsible for any downtime caused by the client.
30 Day Money Back Guarantee
Alexander Killby offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Alexander Killby’s hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to email@example.com.