Access

1. Subject to availability and to this agreement, www.HostedinCanada.com/www.HostedinAmerica.com shall permit the User to use www.HostedinCanada.com/www.HostedinAmerica.com's facilities, equipment, user accessible programs and networks, and any other facilities offered by www.HostedinCanada.com/ www.HostedinAmerica.com for the storage and execution of the User's programs and data for the purpose of access to the Internet within the terms and conditions specified hereafter.

2. The User shall be solely responsible for maintaining the security of the UserID and password, and for preventing their unauthorized use. The User shall be responsible for all use of the Internet by anyone using the UserID. If the User becomes aware, or suspects, that any unauthorized person has obtained or attempted to obtain access through the UserID to the User's account, program, or data, then the User shall forthwith notify www.HostedinCanada.com/www.HostedinAmerica.com and change their password.
   

3. The UserID shall be used only by the User and the User shall not make the UserID available to any third party.
   

4. The UserID shall use the Internet in a proper and prudent manner and according to any operating instructions provided by www.HostedinCanada.com/www.HostedinAmerica.com.

5. The User shall have sole responsibility for the preparation of their programs and data. www.HostedinCanada.com/www.HostedinAmerica.com, its directors, employees, sponsors, and agents shall not be responsible for any fault or error in the User's programs or any programs accessed through Internet.

6. The User acknowledges that the Internet may be subject to unscheduled and unannounced outages and breakdowns which may not be rectified promptly.

7. In the event of the failure or breakdown in the Internet, or of the loss or spoiling of the User's programs or data, www.HostedinCanada.com/www.HostedinAmerica.com makes no warranty that either will be restored. The User assumes full responsibility for backing up their own files.

8. Item 7 states the entire liability of www.HostedinCanada.com/www.HostedinAmerica.com for any loss or spoiling of the User's programs or data. www.HostedinCanada.com/www.HostedinAmerica.com, its directors, employees, sponsors, and agents shall not be liable for any loss or damage sustained by the User or any third party, directly or indirectly, as a result of the failure or breakdown of the Internet or fault in the programs provided by www.HostedinCanada.com/www.HostedinAmerica.com or for any other cause.

9. www.HostedinCanada.com/www.HostedinAmerica.com may limit in any way the User's access to the Internet. www.HostedinCanada.com/www.HostedinAmerica.com may exercise this discretion arbitrarily, unequally, and unreasonably. Without restricting the generality of this discretion, www.HostedinCanada.com/www.HostedinAmerica.com may limit the hours of access to each User in any manner, and may limit the amount of storage and memory available to the user.

10. www.HostedinCanada.com/www.HostedinAmerica.com reserves the right to refuse access to any User for any reason.

Improper Use
The User shall not:

1. Seek, by any means whatsoever, information regarding the personal identification, or password of any other User of the Internet or any network to which the User may be permitted access;

2. Obtain or seek to obtain access to, or interfere with, any programs or data maintained by www.HostedinCanada.com/www.HostedinAmerica.com except as permitted by www.HostedinCanada.com/ www.HostedinAmerica.com; obtain or seek to obtain access to, or interfere with, any programs or data maintained by www.HostedinCanada.com/www.HostedinAmerica.com except as specifically permitted by the policies of the network (which form part of these terms and conditions). Without limiting the generality of the forgoing, the User shall not access the Internet except in accordance with this Agreement;

3. Obtain or seek to obtain access to any other User's programs or data except with the explicit authorization of the other User;

4. Knowingly develop or use programs which adversely affect or impact other Users, the Internet, or any Network;

5. Use, transmit, or store anything obscene, offensive, or defamatory;

6. Utilize the Internet for any purpose which is contrary to the laws of any government having jurisdiction over www.HostedinCanada.com/www.HostedinAmerica.com or the User;

7. Engage in any other activity which www.HostedinCanada.com/www.HostedinAmerica.com determines in its unfettered discretion to be Improper Use of the Internet.
   

   1. The User agrees to indemnify www.HostedinCanada.com/www.HostedinAmerica.com, its directors, employees, sponsors and agents against any loss, damage, or liability (including legal costs on a full indemnity basis) which may be sustained or incurred as a consequence of the User's failure to comply with this agreement whether the failure is attributable to the User or to some other person using the User's account with or without permission of the User.

   2. www.HostedinCanada.com/www.HostedinAmerica.com may without notice terminate any User's privileges for any breach of this agreement.

   3. The User shall indemnify www.HostedinCanada.com/www.HostedinAmerica.com against any claim by a third party for alleged infringement of any copyright or any other intellectual property rights which may arise as a result of the storage or processing of any of the User's programs or data on or through the Internet.

   4. The User's programs shall be and shall remain the property of the User. Notwithstanding, www.HostedinCanada.com/www.HostedinAmerica.com may in its discretion make and keep backups and examine the User's programs, data, printed output, other media in connection with its investigation of malicious disruption of computer services and of breaches of this agreement either by the User or by any other person.

   5. www.HostedinCanada.com/www.HostedinAmerica.com makes all commercially reasonable efforts to protect the confidential and personal information of its Users.

General

1. www.HostedinCanada.com/www.HostedinAmerica.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED. NO REPRESENTATIONS, OR STATEMENTS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON www.HostedinCanada.com/www.HostedinAmerica.com AS A WARRANTY OR OTHERWISE.

2. These terms and conditions may be amended by www.HostedinCanada.com/www.HostedinAmerica.com at any time by posting the revised version on our web site. www.HostedinCanada.com/www.HostedinAmerica.com may from time to time provide information and updates to the User via email regarding the service and the User expressly consents to receive such periodic information acknowledging that such information is being sent by www.HostedinCanada.com/www.HostedinAmerica.com for the benefit of the User and its service.

3. Any discretion, option, decision, or opinion by www.HostedinCanada.com/www.HostedinAmerica.com shall be sufficiently exercised or formed if exercised or formed by or subsequently ratified by www.HostedinCanada.com/www.HostedinAmerica.com's system administrator or any other person or persons designated by www.HostedinCanada.com/www.HostedinAmerica.com's directors.

4. Anyone who is under the age of 18 must have a parent or guardian sign for their account and be fully responsible for the supervision of this account.

5. www.HostedinCanada.com/www.HostedinAmerica.com bandwidth may not, under any condition, be resold or given away. The bandwidth is available to the purchased account only and may not be shared in any way.

6. www.HostedinCanada.com/www.HostedinAmerica.com accounts may not be resold, or transferred to any third party. All fees are non-refundable.

7. www.HostedinCanada.com/www.HostedinAmerica.com reserves the right to full access to leased hardware owned by www.HostedinCanada.com/www.HostedinAmerica.com on the User's premises with a minimum of one days notice.

8. Our "30 day Satisfaction Guarantee", on all hosting packages, is subject to a $50 termination fee, 31 days after the account is opened, if a request to close the account is sent.

For more information, please call our toll free number at 1.866.730.2040.