Terms of Services
This policy represents the Deltrox Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Deltrox. Deltrox reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.
Customers using any services offered by Deltrox consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Deltrox, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Deltrox maintaining one or more accounts (each "account"), you agree to the following terms of service.
- "We" "Us" or "Provider" or "Deltrox."
- "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 is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Deltrox offers a 99.9% uptime guarantee. This is valid for only the connection. Deltrox will pursue all resources and channels available to maintain maximum uptime; however, Deltrox is not responsible for any down time caused by a client's error.
DELTROX 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 Deltrox 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 or non-use of services provided herein, whether or not such damages resulted from the negligence of Deltrox, even if Deltrox has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL DELTROX 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 DELTROX'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF DELTROX'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DELTROX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DELTROX'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DELTROX 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, DELTROX'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Deltrox and its 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 Deltrox's 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 Deltrox's equipment or to any other accountholder, 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 Deltrox's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by Deltrox
Web Hosting Services
Deltrox will provide web hosting services or 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 Deltrox members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Deltrox agrees to provide these services according the plan selected by you upon activation of your account. Deltrox reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Deltrox website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Deltrox members will use the provided services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Law. Deltrox 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. If any of the below activities are committed, Deltrox can terminate a client's account without notification.
Domain Registration and Other Services
At a customer's request, Deltrox may also acquire a second-level domain name ("domain name"), on behalf of a customer. Deltrox will not own or otherwise control any domain name registered on your behalf. Deltrox provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Deltrox for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Deltrox to obtain and/or maintain the domain name on your behalf shall be charged to you by Deltrox under the provision therefore elsewhere herein.
Deltrox offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Deltrox website.
Privacy Registration Service
Upon request, the Deltrox member may elect to use Deltrox's Privacy Registration Service. If so, you agree to be bound by the terms of Deltrox, which may be found on the Deltrox website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Deltrox services.
Deltrox offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org & CIRA listed at www.cira.ca
IP Address Ownership
During the course of providing services to a customer, Deltrox may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Deltrox shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Deltrox reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Deltrox 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 Deltrox or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Deltrox will be the sole and final arbiter as to what constitutes a violation of this policy. Deltrox does not normally monitor the contents of clients servers; however, if suspicion occurs, Deltrox reserves the right to investigate and terminate the client's subscription to the service.
- Bandwidth Usage: Deltrox offers a generous amount of data transfer per month. Deltrox reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.
- Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using "excessive amounts of resources" when it monopolizes the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous situations where such problems could be caused, including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Deltrox will be the sole and final arbiter as to what constitutes a violation of this policy.
- No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Deltrox server is not tolerated. This includes any email that promotes websites hosted on a server located on the Deltrox network, but which is sent from an email address not associated with a Deltrox account. The client shall not use his/her Deltrox 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. Deltrox reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Deltrox reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.
- False Information: The client 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 Deltrox concerning unethical, false, or unlawful activities by you, Deltrox reserves the right to terminate your service without notice.
- Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client's use of the services.
- Back-Up Files: Deltrox provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Deltrox currently does not utilize any back-up services and is not responsible for any lost data.
- No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Deltrox servers or other equipment that will in any way adversely affect the performance of said equipment.
- Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity is prohibited. Deltrox is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.
- Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
- Malicious or Unauthorized Hacking: The customer agrees not to conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.
- Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Deltrox will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.
- Other Illegal Activities: The use of the services to engage in any activities that are determined by Deltrox, in its sole and absolute discretion, to be illegal or which in Deltrox's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Deltrox will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
- Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.
- Data Warehousing: The servers provided by Deltrox are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Deltrox servers are intended for web enabled services and hosting.
- Prohibited Activities: The client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.
- Other Prohibited Activities: Engaging in any activity that, in Deltrox's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Deltrox's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Deltrox's customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Deltrox in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.
FEES & PAYMENTS
- Fees - Deltrox charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
- Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account.
- Service Fee – This is the fee for your 1-year, 2-year or 3-year web hosting services.
- Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
- Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
- Change of Plans: Deltrox also reserves the right to alter, change, amend, or delete fees at its sole discretion. Deltrox further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
- Deltrox reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. Deltrox also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
- Payment of Fees - Deltrox accepts payment by credit card (Visa, MasterCard, American Express) and by Paypal.
- Payment Obligations: Full payment is required in advance before hosting service is established. Deltrox 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 Deltrox may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $25 fee for bounced cheques and a $25 processing fee for chargebacks.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Deltrox sixty (60) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
- Cancellation & Refunds: Should you become dissatisfied with our services within the first 30 days of your account activation, Deltrox will refund your hosting fees, subject to the money back guarantee terms listed in this agreement. There are no refunds on setup fees, domain registrations, or for pre-paid accounts after the 30 days of account activation. You may, however, cancel your account at any time. You will need to contact customer service and verify your information before cancellation takes place. Accounts which have negative balances or fees owing will have all respective services terminated, including hosting accounts with applicable domain registrations. Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a Deltrox customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process.
99.9% Service Level Agreement " SLA"
Deltrox offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Deltrox will try to maintain maximum uptime. Deltrox is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee– Web Hosting Services
Deltrox offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our mission to achieve industry-leading customer satisfaction, the customer will be refunded all hosting related charges made to his/her credit card minus any set-up fees, which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. PLEASE READ CAREFULLY: DOMAIN NAME REGISTRATIONS ARE NOT REFUNDABLE and are subject to a domain name registration fee. Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a Deltrox customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process. This 30-day money back guarantee applies only to our web hosting services AND NOT to the domain name registration. Any questions regarding the 30-day money back guarantee should be forwarded to firstname.lastname@example.org.
SUSPENSION AND TERMINATION
At the sole discretion of Deltrox, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Deltrox may suspend your account by deactivating any access by you and/or by web users to any information contained on the Deltrox servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Deltrox, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
- Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Deltrox servers. Such information or data may or may not be made available to you by Deltrox after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Deltrox. In the event of termination, there will be no refund provided to you.
Your rights under this agreement may be assigned only upon prior notice and express approval by Deltrox. Any other attempted transfer or assignment of rights hereunder shall be null and void.
You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Deltrox is the domain name registrar, please request our "domain name transfer instructions" by sending an email to email@example.com. We will send you the specific details and information about transfer of ownership.
Web hosting services accounts from Deltrox are not transferable and cannot be assigned to another individual.
Deltrox may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Deltrox.
Deltrox may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Deltrox websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 15 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.
UPDATED: October, 2011