Terms of Service

Definition of Terms

"We" has an identical definition as for "10looniehost" above.

"we" has an identical definition as for "We" above.

"Account" is defined as the provision of an amount of data storage and processing capability on servers operated by 10looniehost in the carrying out of its business activities as a web hosting provider. In the case of Virtual Private Server or Dedicated Server hosting, "Account" refers to the Virtual Private Server or Dedicated Server provided by 10looniehost to the Client.

"Account Holder" is defined as the person, persons, company or organisation under which an order for an Account has been placed and fulfilled, regardless of whether a financial sum has been paid in exchange for that order fulfilment.

"Client" has an identical definition as for "Account Holder" above.

"Customer" has an identical definition as for "Client" above.

"You" has an identical definition as for "Client" above

"you" has an identical definition as for "Client" above

"Account data" is defined as all data stored on one or more of 10looniehost's servers in an area specifically and exclusively reserved for data generated by, uploaded by, or otherwise created or stored by, the activities of the Account Holder, automated or otherwise. This includes data in the home directory of the Account Holder and data stored in database tables created by the Account Holder to which the Account Holder has been legitimately granted access.


Terms of Service

This agreement is made between 10looniehost and the Client.


Unacceptable Activities:

These include spamming (sending unsolicited advertising to those with which the Client has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by 10looniehost by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any Client repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first: abuse@10looniehost.ca.


Age:

The Client must be at least 18 years of age to obtain our service.


Abuse of the legal rights of others:

The Client agrees not to use their hosting account to abuse the legal rights of third parties.

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.

10looniehost supports free speech on the Internet, and will not suspend or cancel a Client's Account simply because it disagrees with the views expressed by the Client.


Libel:

10looniehost does not monitor the content of customer websites, nor does it have the practical capability to do so.

We may be notified that a libellous statement is being hosted on a customer website. However, this notification must (for each libellous statement) include a full link (URL) to the content in question, an explanation of why the content in question is libellous and a short quote from that content.

In the absence of this information, 10looniehost will not be considered to have been informed of a libellous statement. We will not engage in monitoring of, or searching for, any content hosted on our service at the behest of a third party that believes itself to have been libelled.

On notification of a libellous statement, our customer will be notified and given up to 24 hours to remedy the situation.

We reserve the right to remove any content about which a complaint of libel has been made, or to suspend or terminate a customer account hosting content about which a complaint of libel has been received.


Abuse of the law:

10looniehost's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; Linking to illegal material is also prohibited. 10looniehost reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.


Pornography:

Pornography, or links to such material, even if legal, is not an acceptable use of 10looniehost's servers.


Abuse of 10looniehost's Server Resources:

Running programs in the background on a 10looniehost's server without 10looniehost's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of 10looniehost's servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If an Account Holder's usage ever exceeds twenty percent (20%) of system resources, the Account Holder will be contacted and asked to eliminate the problem.


Hosting plans with 'Unlimited' disk space and bandwidth:

If the Client is using a hosting account which has either disk space or bandwidth set to 'unlimited' the Client agrees to be subject to the following 'fair use' policy:


  • • The hosting account in question will be primarily used for the purposes of web hosting and e-mail hosting. Unacceptable uses include, but are not limited to, large file storage and making available downloads of large files. File downloads are permitted, but only in the context of a functioning website.
  • • The hosting account may not impinge upon the performance of other hosting accounts hosted on the same server by making excessive demands on the resources of the server in question. This includes, but is not limited to, the CPU usage required to perform data processing on the account for the purposes of taking backups and other administrative tasks as well as the CPU usage required to actually serve the site on the hosting account in question.
  • • The Client agrees that 10looniehost will be the sole arbiter in determining whether an infringement of this 'fair use' policy has occurred. Wherever possible, 10looniehost will propose alternative hosting arrangements for the Client should an infringment of this policy occur. These may include, but are not limited to, moving to a hosting plan with quoted disk space and bandwidth limits.


Hacking/Cracking:

10looniehost reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.


Other Behaviour:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@10looniehost.ca

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or Account. Accessing data not intended for the Account Holder.. Probing the security of any network. Spawning too many processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the Account Holder including Account suspension or termination.


Client Responsibility:

The Client is responsible for all activity originating from the Account unless proven to be a victim of outside hacking or address forgery. The Client is responsible for securing their username/password. Use of 10looniehost's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Account used by the Client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP-ing web contents, graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as knowledge of the use of FTP. CGI-Scripts: requires a knowledge of the UNIX environment, tar & gzip commands, perl, CShell scripts, permissions, etc. E-mail: Knowledge of the use of e-mail programs to receive and send mail, the configuration of those e-mail programs, etc. The Client agrees that he or she has the necessary knowledge to create, maintain and use their Account for the purposes they intend. The Client agrees that it is not the responsibility of 10looniehost to provide this knowledge or support outside matters specific to 10looniehost's servers.


Client Data:

All reasonable measures have been taken to keep the server(s) that the Account Holder's data is stored on secure. However, the Account Holder is the data controller for any personal data collected or stored on the Account, and the primary responsibility for keeping that data secure rests with the Account Holder.

It is the responsibility of the Account Holder to ensure that they are in compliance with all relevant legislation applicable to the storage and processing of their Account data.

The Account Holder's actions in using their 10looniehost Account, including but not limited to, the installation of software on that Account, and configuration changes the Account Holder may make or request that 10looniehost make on their behalf may have an impact on the security of the Account Holder's data, foreseen or otherwise.

Consequently, 10looniehost does not accept responsibility for any lapse in Account data security that occurs on the Account Holder's Account. 10looniehost will not be held liable for any damages, material or otherwise, resulting from such a lapse.

We recommend that the Account Holder, as data controller for the data in question, take appropriate mesures to ensure that Account data is rendered unintelligible to a third party should the security of the Account in question become compromised.

We undertake not to make use of any of the personal data that an Account Holder has collected, stored or otherwise placed on their Account. We may inspect Account data as part of routine server management.

We may make automated copies of Account data for backup purposes only, although we make no guarantee that we will do so. If such copying requires the re-transmission of Account data to another server, that re-transmission will occur over an encrypted link. Any such copies will not be released to a third party.

We undertake not to release Account data to a third party, except where, and with prior consent of the Account Holder, doing so is required as part of routine server management undertaken by an external contractor in which case that external contractor will be under an obligation not to use, copy or release the Account data to any other person or organisation.

Account data may be released to governmental and law enforcement agencies if such a release is in accordance with the law.


Backups:

It is the Client's responsibility to maintain local copies of their web content and any other information held on their Account. If loss of data occurs due to an error of 10looniehost, 10looniehost will attempt to recover the data for no charge to the Client. If data loss occurs due to negligence of Client in securing their Account or by an action of the Client, 10looniehost will attempt to recover the data from the most recent archive.


IP Addresses:

10looniehost maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.


Refunds:

If for any reason the Account Holder is not entirely satisfied with their hosting Account they may request that their Account be closed within an initial 30 day period of their order being placed. A full refund of any fees paid will then be issued. Beyond that initial 30 day period, all payments for hosting are non-refundable and service is provisioned for the period paid for.


Minimum Contract Periods:

The minimum contract period for shared hosting (standard or reseller) is 1 month. The minimum contract period for VPS or dedicated server hosting is 3 months, with a 30 day advance notice of cancellation required.

Cancellations made to VPS or dedicated servers within 30 days of a renewal due date will be billed for the extra cancellation period on a pro-rata basis.


Limitation of Liability:

10looniehost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from 10looniehost's servers going off-line or being unavailable for any reason whatsoever. Further, 10looniehost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of 10looniehost's servers. All damages shall be limited to the immediate termination of service.

The Client acknowledges and agrees neither 10looniehost nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, 10looniehost or any of its shareholders, directors, officers, employees or representatives should become liable to the Client or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of 10looniehost, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by the Client to 10looniehost for one month of service under this agreement.

10looniehost shall be the sole arbiter of what is and is not a violation of these acceptable use policies. 10looniehost reserves the right to terminate an Account at any time for non-compliance with the terms and conditions outlined above. 10looniehost reserves the right to delete all content and files upon Account termination. 10looniehost reserves the right to withhold any pre-paid funds for any Account removed for violations of these policies. 10looniehost reserves the right to refuse, cancel, or suspend service at our sole discretion.

10looniehost reserves the right to change these terms and conditions without prior notice or warning. Non-enforcement of any part of these terms and conditions does not constitute consent.

Violations of these Policies should be referred to abuse@10looniehost.ca

All complaints will be investigated promptly.


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