Terms of Service

Last Updated: 7/1/2008

  1. Terms & Conditions:
    1. Initial Term of Contract:
      1. By completing an online order form for any products and/or services offered by Extra6.com Hosting Services (THE COMPANY), you (THE CLIENT) agrees to be bound by the terms and conditions of this agreement.
      2. The commencement date of the product/service will be the date that the purchase order was completed unless we THE COMPANY specifically states otherwise during the purchase order/confirmation. The services an/or products, will not be activated or delivered until payment is received in full.
    2. Renewal Policy:
      1. Automatic Subscriptions:
        1. All products/services THE CLIENT purchased utilizing an automatic subscription payment will automatically renew on the renewal date and THE CLIENT agrees that the terms of  this agreement will automatically renew until the service is cancelled.
        2. THE COMPANY requires advance notice of at least 14 days prior to the renewal date in order to cancel the service.  Failure to provide sufficient notice prior to cancellation will result in a cancellation fee equal to the cost of the service being renewed (minimum $25 USD).
      2. Manual Payments:
        1. All products/services THE CLIENT purchased utilizing a manual payment method, where payment has not been received by the renewal date, entitles THE COMPANY to cancel said products/services without further notice and/or liability.  No renumeration will be paid to THE CLIENT if there service expires without payment being received by THE COMPANY.
    3. Termination Policy:
      1. THE CLIENT may terminate service for any reason at any time.  Should THE CLIENT terminate service, the following refund policies will take effect:
        1. Hosting Services:  A pro-rated refund may be provided at the sole discretion of THE COMPANY.  In no way shall this statement guarantee that there is a "Money Back Guarantee" of any kind.
        2. Domain Names:  No refunds will be provided under any circumstances.
        3. SSL Certificates:  No refunds will be provided under any circumstances.
        4. Other Products/Services:  At the sole discretion of THE COMPANY.
      2. THE COMPANY may terminate the services provided to THE CLIENT at any time and for any reason if it is determined that THE CLIENT is not abiding by the terms of this agreement and the AUP (Acceptable Use Policy).  Should THE COMPANY terminate any/all services provided, there will be NO REFUNDS payable for any reason.
      3. No cancellation will be processed unless the request is formally submitted using the "Cancellation Request" button found within the Client Area.
    4. Payments Due:
      1. All payments become due and payable in full upon THE CLIENT submitting the order form (order date) or the renewal date, regardless if the service has been activated or not and regardless if the service has actually been used.
      2. All payments shall be made through Paypal, certified cheque or money order.  The service will not be activated until payment is received in full.
      3. THE COMPANY must receive full payment within 14 days of the order date or renewal date.  If full payment has not been received by this date, there will be a 10% late fee added to the outstanding balance.  Failure to pay this balance within 30 days of the order date or renewal date will result in service termination and an additional 15% late fee will be added to the outstanding balance.  At this time the account will be placed with a collection company.
    5. Chargebacks:
      1. THE CLIENT agrees to submit any billing disputes to THE COMPANY via the client area.  Should a discrepancy be found and the amount charged was more than the amount billed, THE COMPANY agrees to immediately credit the account once notified by THE CLIENT.  If  THE CLIENT files a dispute with Paypal and a chargeback is processed, THE CLIENT agrees to pay a processing fee of $25 USD.  This fee will be added to the outstanding balance and the full amount will become due and payable.  If payment is not received within 7 days of the chargeback being processed then the total outstanding balance will be placed with a collection agency.
    6. Extra Services:
      1. Any product or service ordered from THE COMPANY, whether it was made through an online form or any other form of communication, must be paid for prior to the service being activated or the product being delivered.
    7. Taxes and Other Charges:
      1. THE CLIENT is responsible to pay any and all taxes (both local and/or federal including value added taxes), levies,  duty, excise or any other charges.
    8. Refunds:
      1. Any refunds are at the sole discretion of THE COMPANY.
      2. See Section 1.3 (Termination Policy) for more information.
    9. Change in Terms
      1. THE COMPANY reserves the right to change the terms of this agreement at any time and for any reason.  Any change(s) shall be enforcable to all clients and not to single out any one client.  Should there be a change in policy, THE CLIENT will received advance notice of at least 30 days.
      2. If the change(s) presented represents a significant change to the service and it is determined that they will affect THE CLIENT negatively and greatly reduce or restrict the way the client has used their products/services, THE COMPANY may, at its sole discretion, offer a pro-rated refund for the remainder of the contract purchased.  This offer would only be subject to clients that have purchased hosting services that are on a long-term contract (ie. longer than one month).
      3. In order to qualify for this offer, THE CLIENT'S account must be in good standing at the time of the notification and THE CLIENT must submit a request for cancellation in accordance with section 1.3 (Termination Policy) within 14 days of being notified by THE COMPANY of the changes.  The notification of change can be delivered to the client either by email, fax, registered letter or through a public message placed on THE COMPANY'S client area.
  2. Services
    1. Acceptable Use Policy:
      1. Illegal Content:
        1. No illegal content of any kind is allowed to be placed on THE COMPANY'S servers or  transferred through our servers (ie. email).  The term "illegal" shall be interpreted as any law within North America.  THE COMPANY reserves the right co-operate and provide any information requested from any law enforcement agencies whether the said agency is within North America or not.  The extent of the co-operation provided is at the sole discretion of THE COMPANY.  Such co-operation will not make the company liabile for any losses of any kind incurred by THE CLIENT.
      2. Threats and Harassment:
        1. No content will be allowed to be served, posted and/or distributed from within THE CLIENT'S account that may be degrading, abusive, offensive, threatening or  harassing to any other business or person.
      3. Fraudulent Behaviour & Mis-use:
        1. Using THE COMPANY'S resources to participate in any activity (including but not limited to) those which knowingly deceive the public,, cause harm to computers, scams or pyramid schemes or SPAM (unsolicited emails) will be considered as a breach of this agreement.
      4. Unauthorized Access:
        1. Using THE COMPANY'S resources to to attempt to access the accounts of others, or to penetrate, or attempt to penetrate any security measures of THE COMPANY or any other entity's computer software/hardware, electronic communications system, or telecommunications system, whether the attempt was successful or not and whether the attempt or successful intrusion resulted in data loss or corruption, is expressly prohibited and will be considered a breach of this agreement.  In addition, any evidence collect by THE COMPANY of such activities will be immediately turn over to the authorities.
      5. Network Distruptions:
        1. Using THE COMPANY'S resources for any activity which affects the ability of other people or systems to use THE COMPANY'S systems and/or other resources including that of the internet shall be considered a breach of this agreement.  This includes "denial of service" (DOS) attacks against another network host or individual user.  Interference with or disruption of other network users, services.
        2. It is THE CLIENT'S responsibility to ensure that their network and account  is configured in a secure manner.  A Subscriber may not, through action or inaction, allow others to use their network/account for illegal or inappropriate actions.  THE CLIENT may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.  Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. THE COMPANY will not tolerate any CLIENT attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
      6. Adult and Other Restricted Content:
        1. At no time may THE CLIENT host proxy, IRC, Copyrighted Torrents Files  or any form of Adult or Mature content.
    2. Shared Hosting Enviroment:
      1. Due to the nature of shared hosting all clients are subject to the available resources on the servers.  If it is found that THE CLIENT is exceeding their account allowances or using an unreasonable amount of system resources, THE COMPANY reserves the right to suspend THE CLIENT'S account/services.  THE COMPANY agrees to not automatically suspend the account unless THE CLIENT is in breach of this agreement, instead, a warning will be provided to THE CLIENT along with an opportunity to rectify the problem.
      2. If the problem is not rectified within 7 days of the notification an overage charge will be due and payable.  The overage charge will be double the amount of the monthly contract price for the plan that would fit the usage for the month in which  THE CLIENT exceeded their account allowances.  THE CLIENT may be asked to upgrade to a more appropriate plan, in which case, if the client upgrades, this would would be considered recifiying the problem.
      3. THE COMPANY reserves the right to suspend THE CLIENT if they fail to recify the problem after 7 days.
    3. Uptime Guarantee:
      1. It is impossible for any hosting provider to guarantee 100% uptime, however, many do.  We cannot control things that may cause a server to crash, however, THE COMPANY guarantees that it will do everything within its power to ensure that your account stays functional and accessible at all times.  This guarantee is limited to those
      2. THE COMPANY will guarantee 99.99% uptime.  If THE CLIENT'S account is down for more than 0.01% of the month, at no fault of THE CLIENT, THE COMPANY agrees to reimburse an amount equal to one month's service to the client.  If THE CLIENT has pre-paid a 12 month or 24 month contract, THE COMPANY will reimburse a pro-rated amount equal to one-month's service.
      3. For the purpose of this agreement, 0.01% will be defined as 7.44 hrs per calendar month.  This amount is calculated by using a 31 day calendar month times 24hrs per day.  Therefore, if THE CLIENT'S account is inaccessible, at no fault of their own, for a period that is equal to or greater than 7.44 hrs during any calendar month, THE COMPANY will credit their account.  This credit will be applied to the account and cannot be redeemed for cash.
      4. Down time offically starts when the ticket is received by THE COMPANY from THE CLIENT to fix the service.
    4. Backups, Restoration & Backup Space
      1. THE COMPANY, on a best-effort basis, will maintain regular backups of the servers including all user accounts.  This does not guarantee that a backup will be availabe upon request of the client.
      2. It is strongly recommend that THE CLIENT maintain their own regular backups of their account.
      3. If THE CLIENT request that THE COMPANY restore a backup of THE CLIENT'S account, there will be a fee of $25 USD to restore that backup (if the backup is available).  The fee must be paid prior to THE COMPANY restoring the backup.
  3. Satisfaction:
    1. Your satisfaction is important to us.  Our goal is to providing hosting and related solutions to a satisfied client base.  Should you have any questions and/or concerns, please bring them to our attention by submitting a ticket to our support department.  If you feel that you have been mis-lead please let us know and we will do what we can to rectify the problem.
 
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