Shared Hosting Terms of Service

GTAInternet.ca, provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by GTAInternet.ca are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or Local law and or United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless GTAInternet.ca, from any claims resulting from the subscriber’s use of GTAInternet.ca’s services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any GTAInternet.ca shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to GTAInternet.ca servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • Adult Sites
  • Game Servers (dedicated game server programs)

GTAInternet.ca will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising – Email

  • High volume email deployments of any type are not permitted with any GTAInternet.ca shared account.
  • Spamming, i.e. the sending of unsolicited email, from any GTAInternet.ca server or any server located on the GTAInternet.ca network is STRICTLY prohibited. GTAInternet.ca will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at GTAInternet.ca.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by GTAInternet.ca customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any GTAInternet.ca-hosted domain, or referencing any GTAInternet.ca account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Advertising & Promotions Limitations

In the following scenarios GTAInternet.ca clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at GTAInternet.ca. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by GTAInternet.ca.

  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
  • Any illegal or unlawful activity
  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse – Any attempts to undermine or cause harm to a GTAInternet.ca server or subscriber of GTAInternet.ca is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of GTAInternet.ca and all dedicated servers must adhere to the above policies.

Password Security and Account Authorization

GTAInternet.ca provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. GTAInternet.ca will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Scheduled Maintenance and Downtime

GTAInternet.ca will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond GTAInternet.ca’s control or which are not reasonably foreseeable by GTAInternet.ca, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. GTAInternet.ca will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. GTAInternet.ca has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable.

Any violation of GTAInternet.ca’s Terms of Service Agreement shall result in no refund.

Promotional Use

GTAInternet.ca may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by GTAInternet.ca may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the GTAInternet.ca website. This reference will be strictly limited to disclosure that GTAInternet.ca has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at GTAInternet.ca. However, GTAInternet.ca may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by GTAInternet.ca under this Agreement shall not be deemed .Work For Hire,. but GTAInternet.ca shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by GTAInternet.ca.

Microsoft Software License Policy.

Microsoft, as well as GTAInternet.ca company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a GTAInternet.ca purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. The customer would have to obtain all Microsoft licenses through GTAInternet.ca. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with GTAInternet.ca licensed Microsoft products. Any questions regarding this policy can be addressed to sales@gtainternet.ca

Limitations on Use

  • Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
  • Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
  • Background Processes. Unauthorized background processes shall result in immediate termination of the account.
  • GTAInternet.ca maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing: The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened. Late fees of 10% of the past due amount will apply to accounts 30 days past due.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by GTAInternet.ca

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket (gtainternet.ca/helpdesk) or email sent to support@gtainternet.ca (email subject to valid proof of account ownership). GTAInternet.ca is not able to schedule cancellation requests.

Parked Domain Names: There is a one-time fee of $15 for parking additional domain names. This fee is nonrefundable.

Add-on Domain Names: Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.

Domain Name Transfers: GTAInternet.ca shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Free Domain Name Registration: GTAInternet.ca will register for a one year term any available .ca, .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are $22.44 per year that the domain is renewed for.

If Free SSL Secure Certificate was chosen on a promotional offer, this offer extends to the first year the certificate is issued and is for new signups only. Payment for subsequent certificate renewal is the sole responsibility of the customer and must be made in advance prior to certificate renewal. Please contact support@gtainternet.ca for renewal requests.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. GTAInternet.ca is not responsible for lost data or for lost data due to third party software that is not maintained by GTAInternet.ca staff. (Cpanel is not associated with GTAInternet.ca)

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, GTAINTERNET.CA SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. GTAINTERNET.CA SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF GTAINTERNET.CA AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, GTAINTERNET.CA PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND GTAINTERNET.CA SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

  • Terms Of Service are subject to change without any prior notification.
  • These Terms of Service are a legally binding contract between the subscriber and GTAInternet.ca.
  • By opening an account, the subscriber agrees to the above-stated terms.
  • Anything not listed in the Terms of Service is open to interpretation and change by GTAInternet.ca administrators without prior notice.
  • All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
  • The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.
  • Any violation of these Terms of Service will result in termination of the account. GTAInternet.ca maintains the right to terminate accounts without prior notification.
  • We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between GTAInternet.ca and a subscriber shall be determined by arbitration conducted by the Canadian Arbitration Association pursuant to its arbitration rules. The arbitrator shall decide any dispute in accordance with Ontario law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Greater Toronto Area, Ontario, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

 

Dedicated Hosting Terms of Service

GTAInternet.ca provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by GTAInternet.ca are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmlessGTAInternet.ca, from any claims resulting from the subscriber’s use of GTAInternet.ca’s services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.

GTAInternet.ca will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising – Email

  • Spamming, i.e. the sending of unsolicited email, from any GTAInternet.ca server or any server located on the GTAInternet.ca network is STRICTLY prohibited. GTAInternet.ca will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at GTAInternet.ca.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by GTAInternet.ca customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any GTAInternet.ca-hosted domain, or referencing any GTAInternet.ca account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
  • All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.

Advertising & Promotions Limitations

In the following scenarios GTAInternet.ca clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at GTAInternet.ca. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by GTAInternet.ca.

  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
  • Any illegal or unlawful activity
  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

Server Abuse – Any attempts to undermine or cause harm to a GTAInternet.ca server or subscriber of GTAInternet.ca is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of GTAInternet.ca, Inc. and all dedicated servers must adhere to the above policies.

Password Security and Account Authorization

GTAInternet.ca provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. GTAInternet.ca will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Bandwidth Measurement and Overage Fees

As of August 11, 2004 all bandwidth listings for Webmaster, Professional and Enterprise dedicated servers consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.25 per GB over.

Dedicated Server Support

Basic support and maintenance of dedicated servers is provided at the discretion of GTAInternet.ca In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

  • $100/hour

Scheduled Maintenance and Downtime

GTAInternet.ca will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond GTAInternet.ca’s control or which are not reasonably foreseeable by GTAInternet.ca, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. GTAInternet.ca will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. GTAInternet.ca has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable.

Any violation of GTAInternet.ca’s Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by GTAInternet.ca

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket (gtainternet.ca/helpdesk) or email sent to support@gtainternet.ca (email subject to valid proof of account ownership). GTAInternet.ca is not able to schedule cancellation requests.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. GTAInternet.ca is not responsible for lost data or for lost data due to third party software that is not maintained by GTAInternet.ca programming staff. (Cpanel is not associated with GTAInternet.ca)

Promotional Use

GTAInternet.ca may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by GTAInternet.ca may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the GTAInternet.ca website. This reference will be strictly limited to disclosure that GTAInternet.ca has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at GTAInternet.ca. However, GTAInternet.ca may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by GTAInternet.ca under this Agreement shall not be deemed, Work For Hire, but GTAInternet.ca shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by GTAInternet.ca.

Microsoft Software License Policy

Microsoft, as well as GTAInternet.ca company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a GTAInternet.ca purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. The customer would have to obtain all Microsoft licenses through GTAInternet.ca. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with GTAInternet.ca licensed Microsoft products. Any questions regarding this policy can be addressed to sales@gtainternet.ca.

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, GTAINTERNET.CA SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. GTAINTERNET.CA. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF GTAINTERNET.CA AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, GTAINTERNET.CA PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND GTAINTERNET.CA INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and GTAInternet.ca

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by GTAInternet.ca administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated, Full Dedicated server plans or Colocation plans.

Any violation of these Terms of Service will result in termination of the account. GTAInternet.ca maintains the right to terminate accounts without prior notification.

In the case that a customer is terminated for violating one or more of the GTAInternet.ca Terms of Service, GTAInternet.ca reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. GTAInternet.ca may at its own discretion allow access to a terminated account. If GTAInternet.ca agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.

Dispute Resolution

Any dispute between GTAInternet.ca and a subscriber shall be determined by arbitration conducted by the Canadian Arbitration Association pursuant to its arbitration rules. The arbitrator shall decide any dispute in accordance with Ontaio law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Greater Toronto Area, Ontario, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Indemnification

Customer agrees to indemnify and hold harmless GTAInternet.ca, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

GTAInternet.ca may from time to time, at the request of the CUSTOMER, be enlisted to perform server administration tasks on CUSTOMER hardware which is colocated at GTAInternet.ca facilities. This service shall be referred to as “Remote Hands”. Customer agrees to indemnify and hold harmless GTAInternet.ca, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any incidental damages caused to CUSTOMER hardware in the performance of GTAInternet.ca remote hands server administration.

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