Terms of Service
Everyone.Ca Terms of Service
Everyone.Ca offers web hosting, dedicated servers and email services
This document describes services offered, and what transactions are required for those services. It describes your specific responsibilities that you should be aware of before signing up with Everyone.Ca, and describes items that are prohibited.
Acceptance of Terms
By signing up with Everyone.Ca, you agree that you have read, understood, and comply with the terms of service described on this page.
Service Description
Service Packages
Everyone.Ca Offers several different hosting service packages, as described on the Everyone.Ca website . While these all use similar software, they vary in terms of the configuration (e.g. allowed bandwidth, disk space, email accounts, etc.), and other resource limitations.
Domain Names
The domain name or web address (URL) used to access your service will vary with the hosting package you select.
Provided Software
We normally will run the latest stable versions of software on the hosting service, however, the hosting service may continue to use older versions of software after newer ones have been released. We may update software without any specific notice.
Resource Usage
Bandwidth and disk space limits are described with each plan, and administrative tools are provided as part of the software to help you monitor and manage resources. If needed, additional disk space or bandwidth may be added to a plan for an additional monthly fee.
Overusage will be billed in addition to your monthly or yearly hosting fees.
We reserve the right in future to set additional resource limitations on hosting plans, such as bandwidth restrictions, disk usage, email accounts, and so on.
Payment for Service
Monthly Payment
Service packages are provided in return for a monthly payment, as described in the specific hosting package you choose. Each payment covers the next month of service.
All payments are processed for by credit card or PayPal, a veteran online payment processor. When signing up for your hosting package, you will authorize Everyone.Ca or PayPal to charge your credit card every month. PayPal charges will appear on your credit card statement from "PayPal". If you are unable to pay monthly via credit card or through PayPal, please contact us to make alternate payment arrangements.
Termination of Service
You may terminate your service with us at any time. You must provide Everyone.Ca with atleast 30 days notice for account cancellation. You will no longer be billed in following months, but payments for the current month that have already been made will not be refunded. Customers enrolled in service agreements may incur charges for contract term completion.
Administering the Service
Your Administrative Responsibilities
When using our service, you will be given select administrative access to your website hosting account. You should read and understand the sections in the software user manuals about administration. It is your responsibility to administer the hosting account as if you were running it yourself.
Security
Remember that your materials will be hosted on a publically accessible server. You are responsible for security of your hosting account / website. In particular, Everyone.Ca provides facilities, described in the user manuals, for restricting who can access a site, modify a site, and how it can be accessed.
Backups
You are responsible for making offsite backup copies of any data stored in your hosting account. While we will attempt to provide them, we do not guarantee that we will have backups available in the event of a catastrophic system failure. We will particularly not be able to restore older copies of your data. (Note that you can optionally purchase data backup services and data storage insurance from Everyone.Ca).
You can download current (within 24 hours) backups of your entire hosting account at any given time during active account status. If you need to restore the entire site's content, you can then send us that backup file and we can use it to replace the current contents of your site.
You can also use these backup files if you would like to take the content from your hosted service and transfer it to a another hosting provider that you have hired to host your content. Please see our FAQ for information on downloading and uploading website content.
Technical Support
We provide a variety of supporting documentation online that can assist you with problems. Additional technical support questions are handled by phone,email or instant chat.
User Conduct
Full Responsibility for Your Hosted Site
You understand that you have full responsibility for your hosted site, including the actions of all users that access your materials.
In particular, you understand that all information, data, text, graphics, or other materials stored on your hosting account are your responsibility. Everyone.Ca does not monitor or control the content provided by the hosting service.
Restricted Content
You and your users cannot upload, post or otherwise transmit any content that (a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (d) interferes with or disrupts the hosting service or networks connected to the hosting service.
You may not use this hosting service to violate intellectual property laws (e.g. distributing software cracks/warez, or RIAA/MPAA violations), or for any pornographic purposes.
Indemnity
You agree to indemnify and hold Everyone.Ca, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content or material you submit, post to or transmit through this hosting service, your connection to the service, your violation of the terms of service, or your violation of any rights of another.
Other Restrictions
High cpu usage and memory usage may result in the request to upgrade your service to a vps/dedicated hosting plan or account termination at the sole discretion of Everyone.Ca.
You acknowledge and agree that the hosting service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Everyone.Ca, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part.
You agree that Everyone.Ca reserves the right to cancel, suspend or terminate any website or hosting account for any reason without prior warning or notification and that any upfront fees or payments may not be refunded.
Modifications to Service
Software Updates
We will from time to time update the software running on the hosting service to newer versions. We make no guarantee on the timeliness of these updates, nor that we will provide notice ahead of time. In general, we attempt to implement our updates to be fully backward compatible with previous versions unless otherwaise noted.
Service Interruptions
From time to time, it may be necessary to interrupt the service for very brief periods for routine maintenance, upgrades or technical issues. In the event of longer interruptions, we will endeavour to minimize these interruptions to the best extent possible. Everyone.Ca is not responsible for any damages caused due to service interruptions or service unavailability.
Modification of Service Options
From time to time, we may review and modify options of our hosting plans. These modifications may include, but are not restricted to: introduction of new plans, discontinuation of old plans, changes to resource limitations, changes to features, and changes to pricing. We will attempt to offer at least 2 months notice to you before any substantial changes to your plan.
Privacy
Personal Information
During registration for use of this service, we will ask for the name, phone number and email address of the person who will be the primary contact for the hosting package. This email address will be used to periodically send information deemed necessary for the operation and management of the chosen hosting package. We will not divulge this personal information to any third party.
Data Collected
Through normal use of the hosting service, we will collect standard information such as your IP address, browser, and pages accessed. This information is used only in combination with that of other users, for statistical purposes and site maintenance and improvements.
The software also tracks information about the number of page views, edits, and downloads, which is made available to the administrator of each course or group. Additional material provided by users, such asaccess to pages, or uploaded files or images, are also of course stored and available to administrators.
Site Materials
You are responsible for the material within your hosting account(s), and are responsible for abiding by our User Conduct terms as described above. The software provides facilities whereby you can further protect your materials, for example using passwords. You should use these facilities, but understand that no security mechanism can be 100% reliable. Despite best efforts, whether through password guessing, flaws in the software or underlying operating system, or other means, it is possible that your data may be made available to others.
It is our policy to not monitor data stored by others on our hosting service. We will investigate all complaints we receive regarding content stored on the hosting service, this may include our own review of the content, and where deemed necessary, the delivery of your material to law enforcement officials.
Additional Terms
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERYONE.CA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) EVERYONE.CA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERYONE.CA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVERYONE.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
