Hosting Terms of Service
Triple I Web Solutions (also referred to as ‘Triple I’) agrees to provide hosting services to the Client subject to the following Terms of Service (TOS). Use of Triple I's services by the Client constitutes acceptance and agreement to Triple I's Hosting Terms of Service.
Triple I reserves the right to modify the TOS without notice.
This TOS shall be construed in all respects in accordance with the laws of the province of British Columbia, Canada applicable to contracts enforceable in that province.
Use of Services
The Client may use our services provided the Client is of legal age to form a binding contract and is not barred from receiving such services under the laws of Canada or other jurisdictions. In order to create an account the Client is required to provide Triple I with accurate and current contact and other information. The Client is responsible for the confidentiality of the related account information and for all activities that occur under the Client’s account. The Client is solely responsible for all content within the account. The Client agrees to immediately notify Triple I if any unauthorized use or suspected use of the account occurs. Triple I will not be liable for any loss or damages as a result of the Client failing to provide accurate information or to keep the account secure.
Service Level Agreement (SLA)
Triple I manages virtual private servers in the US and Canada that it maintains and manages. Triple I provides a 99.9% uptime guarantee on websites hosted on its servers. If the Client’s website is inaccessible for more than 0.1% in a calendar month due to Triple I's servers, the Client may request a pro-rated credit for the downtime.
The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, the Client agrees that Triple I shall not be liable for any damages caused by the interruption of service.
The Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Client. Triple I may prospectively change the specified rates and charges from time to time unless a separate contractual agreement is in place.
All bandwidth overages are billed at $3 per GB unless a customize rate package has been created and agreed to in advance. Unused bandwidth during a service term is not carried over to the next term.
Payment & Fees
Establishment of this service is dependent upon receipt by Triple I of payment of stated charges. Payment is due within 30 days of the invoice date. Service may be interrupted on accounts which are 7 days past due. Service interrupted for non-payment is subject to a ½ hour reinstatement fee. After 30 days the account may be expunged from the server and courtesy backups may no longer be available.
Back-Up & Data Loss
Triple I provides a backup service as a courtesy to clients on Triple I’s hosting services. Triple I’s back-up service runs on daily, weekly & monthly basis keeping rotating snapshots. Triple I makes no guarantees about the backups and will require an hourly fee to restore a website to a previous state if a back-up is available. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for clients with accounts that have been suspended or terminated for any reason.
The following actions are considered prohibited use and will result in immediate account suspension or termination without a refund. Triple I may impose fees and/or pursue further civil remedies or notify the authorities. Prohibited usage includes, but is not limited to:
Spam and Unsolicited Bulk Email (UBE)
Triple I has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is sent to a recipient who has not requested the message. UBE also includes email with forged headers, compromised mail server relays, or false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Triple I whether or not the message actually originated from Triple I’s network. The Client may not use or permit others to use Triple I’s hosting services to provide sites or information which is advertised by UBE from other networks.
Misuse of System Resources:
Intentional misuse of system resources is prohibited, including but not limited to employing programs that consume excessive network capacity, CPU cycles or disk IO.
Access to Other Networks or Systems without Authorization:
Attempting to access or accessing systems, networks, or accounts which the Client is unauthorized to access is prohibited. Interfering with the services of another Client or network and any act to circumvent security measures is prohibited.
Any adult, gambling, illegal, harmful, infringing, or unlawful content including but not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel is not permitted on Triple I’s hosting. The Client is solely responsible for all content hosted on their account.
Copyrights and Trademarks:
The Client agrees to represent Triple I and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, fonts or other artwork hosted on their account are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and has acquired any necessary model releases. The Client will hold harmless, protect and defend Triple I and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
The TOS specifically prohibits the use of Triple I hosting services for illegal activities. Therefore, the Client agrees that Triple I may disclose any and all information including assigned IP numbers, account history, account use, etc. to any law enforcement agent or court who makes a written request or court order without further consent or notification to the Client. In addition, Triple I Web Solutions shall have the right to terminate all services provided to the Client.
Triple I will not disclose private account information beyond what is available publicly including information available through online look-ups except in any of the following circumstances: (1) with the Client’s consent. (2) to any law enforcement agent or court who makes a written request or court order. (3) to satisfy any legal and/or regulatory requirements applicable to Triple I. (4) when Triple I utilizes the services of a third party or sub-contractor (5) when Triple I buys or sells all or part of the business or when considering such transactions. (6) to help Triple I collect a debt or enforce an obligation owed to Triple I by the Client.
Account Cancellation or Suspension
Triple I reserves the right to suspend or terminate the Client’s hosting account if in the judgement of Triple I the Client’s hosting account is the source or target of the violation of any of the other terms of service or for any other reason which Triple I chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Client will not be credited for the time the Client’s hosting account(s) were suspended.
All requests for cancelling an account must be confirmed by Triple I personnel at 604-853-9557. No refunds on paid invoices are available.
Steps are taken to mitigate the possibility of unauthorized access to files, however no guarantee can be made to the security of the server or systems. Use of this service is provided on an “as is” and “as available” basis. Use of the service is at the Client’s sole risk. Triple I will not be liable for any unauthorized access to, or any corruption, erasure, theft, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its server.
Triple I wishes to emphasize that in agreeing to the Terms of Service, the Client indemnifies Triple I for any violation of the Terms of Service that results in loss to Triple I or the bringing of any claim against Triple I by any third-party. This means that if Triple I is sued because of the Client’s activity, the Client will pay any damages awarded against Triple I, plus all costs and reasonable attorney's fees.
In no event shall Triple I be liable for any special or consequential damages, loss or injury. Triple I is not responsible for any damages the Client may suffer. Triple I does not make implied or written warranties for any services provided. Under no circumstances, including negligence, shall Triple I, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Triple I’s services or third party software; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Triple I’s records, programs, services, or third party software.
Notwithstanding the above, the Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Client paid during the period damages occurred.
The Client agrees that the use of Triple I’s hosting services is at the Client’s own risk. All hosting services provided by Triple I are available as is, without warranty. Triple I is not responsible for any damages the Client may suffer. Triple I denies any warrant 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 Triple I hosting.
(Last updated April 22, 2016)