Do you need website support? Do you need changes to your website? We can help. Fill out our Support Request form to get started.

Book free consult

Toll Free: 1-833-4PIXELS

Hosting Terms of Service

Business owner looking at business numbers after hours.

HPX Media Inc., (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of The Company Service constitutes acceptance and agreement to The Company’s AUP (Acceptable Use Policy) as well as The Company’s TOS (Terms of Service). These terms of service apply to The Company as a company, whether a sole proprietorship, partnership, or corporation.

All provisions of this contract are subject to the TOS of The Company, and AUP. The AUP may be changed from time to time at the discretion of The Company. Subscriber understands that change to the AUP by The Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the province of British Columbia, applicable to contracts enforceable in that province. Checking the box on the referring page that clearly states it is to agree to this document’s terms holds the same legal precedence as a signature.

1. Disclosure

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that The Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, The Company shall have the right to terminate all service set forth in this Agreement.

2. Service Rates, Payment & Fees

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The rates of service are subject to change with no notice given.

Establishment of this service is dependent upon receipt by The Company of payment of stated charges. Subsequent payments are due on or before the anniversary date of the year for that year’s service. Subscriber agrees that if the method of payment is via credit card, The Company may automatically charge subscriber`s credit card every year without notice. The Company reserves the right to process client credit cards up to 30 days before the actual due date to ensure that the funds are received by the due date.

Credit cards that are declined or cheques that bounce for any reason are subject to a $25.00 declination fee.

Invoicing

Invoices are sent by email only — never by postal service — anywhere from 5 (five) to 60 (sixty) days before the renewal of services to the email address provided by The Subscriber upon acceptance of this Terms of Service agreement. It is not the responsibility of The Company to ensure successful delivery of emailed invoices. As a result of this, The Subscriber must ensure all contact information, particularly their email address, is kept up to date at all times. Email address and other contact information updates may communicated to The Company via email or telephone. Additionally, The Subscriber acknowledges that it is their responsibility to ensure email being delivered to The Subscriber’s address is accurately delivered to the Inbox and not filtered as SPAM or to an alternate folder.

Refunds and Disputes

Payments for hosting fees are non-refundable after 90 days, and prior to 90 days, and may be subject to an administration fee of up to one hour’s labour at The Company’s current hourly rate. This includes the one-time setup fee if applicable and subsequent charges regardless of usage. All credits to accounts provided by The Company have no cash value and cannot be issued as a refund. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Company’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay The Company an administrative fee of not less than $50 and not more than $150.

Failure to Pay

The Company may deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Service will be interrupted on accounts that reach a minimum of 15 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by The Company may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

3. Account Cancellation

All requests for canceling accounts must be made in writing, within 30 days of the order date (for new customers) or renewal date (for existing customers) to receive a refund. If it is beyond 30 days, you may still cancel your services, however you will not receive a refund. You must be able to provide us with all account information to successfully cancel your service(s). Cancellation of domain name registration must be done prior to the renewal date. If we do not receive notification of domain name registration cancellation, then you will be billed or have your credit card charged for another year of domain name registration.

4. Service Level Agreement

Subscriber acknowledges that The Company offers a 99.9% SLA Uptime. This time excludes pre-scheduled maintenance, and incidents beyond our control. The service provided is of such a nature that service can be interrupted for many reasons. Any reasons as a result of incorrectly managing a client’s account or server, that are under the control of The Company are covered by this agreement. A monetary compensation may be provided if requested by the customer. This compensation can never exceed the amount paid by the customer for the hosting term in consideration (usually one year) and is to be decided by The Company staff. Subscriber agrees that the company shall not be liable for any damages, injury and/or loss of data. Data includes any files hosted on a The Company server.

5. Support Boundaries

The Company, provides 24 x 7 technical support via Support Ticket to our subscribers, excluding select holidays and short company meetings. The Company does not offer technical support for application or programming specific issues (e.g.: html, php programming, or WordPress) unless an agreement is made prior to payment. The Company does not provide technical support for the Subscriber’s customers with the sole exception wherein the Subscriber’s customer is also a direct customer of The Company We encourage all customers to request help at their leisure via our Client Centre.

6. Limitations and Terminations

The Subscriber acknowledges that The Company has the right to set bandwidth or storage limits on any account it feels necessary. The Company may suspend or terminate any account due to excessive CPU or other resource activity, storage or bandwidth use, particularly in the event the excessive resource is harmful to other accounts or system services.

7. SPAM and Unsolicited Commercial Email (UCE)

The Company takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that The Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

  1. Violation of The Company’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Company may restrict The Subscriber’s access to the network to prevent further violations. If The Subscriber is found to be in violation of our SPAM policy, The Company may, at its sole discretion, restrict, suspend or terminate The Subscriber’s account. Further, The Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.
  2. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of The Subscriber’s account. If The Subscriber violates this policy, The Subscriber agrees that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that The Company personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
  3. As The Subscriber is ultimately responsible for their actions using The Company’s network, it is advisable that The Subscriber develops a similar, or stricter, internal policy.

IMPORTANT NOTICE:
If The Subscriber hosts a website or service that support spammers or cause any of our IP space to be listed in any of the various Spam Databases, they will have their server immediately removed from our network. The server will not be reconnected until such time that The Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to The Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

8. Network Systems

Bandwidth Usage

The Company will monitor The Subscriber’s bandwidth. The Company shall have the right to take corrective action if The Subscriber’s usage negatively impacts other clients.

Network Security & Violations

The Subscriber is prohibited from violating or attempting to violate the security of The Company Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any Subscribers who are involved in such violations. These violations include, without limitation:

  1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

  1. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  2. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation

The Company is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: If The Company determines the Subscriber has violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at The Company’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation: Users that The Company determines to have committed a second violation of any element of this AUP shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation

The Company reserves the right to suspend network access to any Subscriber if in the judgment of the The Company network administrators The Subscriber’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which The Company chooses. If inappropriate activity is detected, The Subscriber’s account will be deactivated until an investigation is complete. Prior notification to The Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time The Subscriber’s machines were suspended.

9. Responsibility for Hosting Content

The Subscriber is solely responsible for the content stored on and served by your server. Although some plans may include backup services, these services are not guaranteed data recovery methods.

10. Amendments

The Company reserves the right to amend its policies at any time. The Subscriber must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and Conditions. Therefore, it is in The Subscriber’s best interest to implement a similar or stricter internal policy or otherwise titled Acceptable Terms of use policy.

11. Indemnification

The Company wishes to emphasize that in agreeing to the The Company Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies The Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to The Company or the bringing of any claim against The Company by any third-party. This means that if The Company is sued because of the activity of a Subscriber, The Subscriber will pay any damages awarded against The Company, plus all costs and attorney’s fees.

The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, The Subscriber agrees that The Company shall not be liable for any damages arising from such loss of service for any reason. In no event shall The Company be liable for any special or consequential damages, loss or injury.

12. Miscellaneous Provisions

The Subscriber must provide us with, and keep current, good contact information for you. E-mail, telephone and postal contact information is used, in that order of preference.

  1. A waiver by The Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
  2. Subscriber shall not transfer or assign this Agreement without the prior written consent of The Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
  3. The Company takes no responsibility for any material input by others and not posted to The Company Network by The Company is not responsible for the content of any other websites linked to The Company Network; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
  4. The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. The Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company.
  5. The Company reserves the right to scan The Subscriber’s website for any malware at any time, as well as view its content in order to ensure acceptable use.

Acceptable Use Policy

THE COMPANY RESERVES THE RIGHT TO REVISE THE ACCEPTABLE USE POLICY AT ANY TIME AND SHALL PLACE SUCH REVISED POLICY ON ITS WEBSITE AT LEAST THIRTY (30) CALENDAR DAYS BEFORE IT BECOMES EFFECTIVE. CUSTOMER’S CONTINUED USE OF HPX MEDIA INC.’S SERVICE(S) SHALL CONSTITUTE CONTINUED ACCEPTANCE OF THIS ACCEPTABLE USE POLICY.

Examples of unacceptable material on all Shared and VPS servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)

 

Pin It on Pinterest