Terms of Service (Acceptable Use Policy follows this)

The use of hosting services from Waterloo Hosting constitutes an agreement by the customer to the terms outlined below.

1. Term

The initial service term of the agreement shall begin on the date that
Waterloo Hosting generates an e-mail message announcing the activation of the
account (the "Service Commencement Date") and shall continue either
monthly or annually depending on the term picked by the customer. Upon
expiration of the initial term, this agreement shall automatically renew
for the same length as the initial term unless Waterloo Hosting or the
customer provides the other with written notice of non-renewal at least
three (3) days prior to the expiration of the initial term or the
then-current renewal term, as applicable. The initial term and any
renewal term may be referred to collectively in this agreement as the
"Term."

2. Cancellation & Refunds

Waterloo Hosting reserves the right to cancel any service provided at any
time. In this event customers will be entitled to a prorated refund
based upon the remaining period of service. If a customer contravenes
Waterloo Hosting's terms of service, a refund will not be issued in the event
of a cancellation by Waterloo Hosting or the customer. Any incentives offered
to customers when opening the account will also be cancelled. Customers
may be given the option to purchase services which were offered as
start-up incentives in the result of a cancellation. Fees charged on a
prepay basis are non-refundable. Under no circumstance will license fees
such as cPanel be refunded.

3. Content Restrictions

Waterloo Hosting does not allow the use of it's services for illegal
activities. This includes hosting of copyrighted material, nulled
scripts, or anything that is considered illegal under US law. A
suspension leading up to termination will be imposed for a breach of
these terms. While we strive to accommodate all types of customers your
hosting may not be used for the following:

      * Bittorrent Trackers
      * Sending of unsolicited Email (SPAM)
      * Anything related to a botnet
      * Downloading Torrents
      * Hosting of illegal or copyrighted files
      * Free Hosting Companies

Furthermore the end user is solely responsible for all files on their
hosting whether the client had knowledge of the files or not. It is the
responsibility of the client to ensure their system is secured and safe
from compromise. If a system is found out to be compromised Waterloo Hosting
has the right to reload the hosting to a default OS after ample time has
been given to make backups.

4. Payments

Fees are payable in advance on the first day of each billing cycle.
Customer's billing cycle shall be monthly or annually as indicated on
their order, beginning on the service commencement date. Waterloo Hosting may
require payment for the first billing cycle before beginning service. If
the order provides for credit/debit card billing, customer authorizes
Waterloo Hosting to bill subsequent fees to the credit/debit card on or after
the first day of each successive billing cycle during the term of this
agreement; otherwise Waterloo Hosting will invoice customer via electronic
mail to the primary customer contact listed on the order. Invoiced fees
may be issued on or before the 1st day of each billing cycle, and the
fees shall be due no later than the due date, but in no event earlier
than the first day of each billing cycle.

Payments must be made in Canadian dollars. The customer is
responsible for providing Waterloo Hosting with changes to billing information
(such as credit card expiration, change in billing address). At its
option, Waterloo Hosting may accrue charges to be made to a credit/debit card
until such charges exceed $10.00. Waterloo Hosting may charge interest on
overdue amounts at the lesser of 1.5% per month or the maximum
non-usurious rate under applicable law. Waterloo Hosting may suspend the
service without notice if payment for the service is overdue. Fees not
disputed within sixty (60) days of due date are conclusively deemed
accurate. Customer agrees to pay Waterloo Hosting's reasonable reinstatement
fee following a suspension of service for non-payment, and to pay
Waterloo Hosting's reasonable costs of collection of overdue amounts,
including collection agency fees, attorney fees and court costs.
Fee Increases:Waterloo Hosting may increase its fees for services effective
the first day of a renewal term by giving notice to the customer of the
new fees at least forty five (45) days prior to the beginning of the
renewal term, and if the customer does not give a notice of non-renewal
as provided in Section 2 above, the customer shall be deemed to have
accepted the new fee for that renewal term and any subsequent renewal
terms (unless the fees are increased in the same manner for a subsequent
renewal term).

Early Termination:Customer acknowledges that the amount of the fee for
the service is based on customer's agreement to pay the fee for the
entire initial term, or renewal term, as applicable. In the event
Waterloo Hosting terminates the agreement for customer's breach of the
agreement in accordance with Section 10 (Termination), or customer
terminates the service other than in accordance with Section 10
(Termination) for Waterloo Hosting's breach, the unpaid fees for each billing
cycle remaining in the initial term or then-current renewal term, as
applicable, are due on the business day following termination of the
Agreement.

5. Law/AUP

Customer agrees to use the service in compliance with applicable law and
Waterloo Hosting's Acceptable Use Policy posted at
http://Waterloo Hosting.com/aup.php (the "AUP"), which is hereby incorporated
by reference in this agreement. Customer agrees that Waterloo Hosting may, in
its reasonable commercial judgment consistent with industry standards,
amend the AUP from time to time to further detail or describe reasonable
restrictions and conditions on customer's use of the services.
Amendments to the AUP are effective on the earlier of Waterloo Hosting's
notice to the customer that an amendment has been made, or the first day
of any renewal term that begins subsequent to the amendment. Customer
agrees to cooperate with Waterloo Hosting's reasonable investigation of any
suspected violation of the AUP. In the event of a dispute between
Waterloo Hosting and the customer regarding the interpretation of the AUP,
Waterloo Hosting's commercially reasonable interpretation of the AUP shall
govern.

6. Customer Information

Customer represents and warrants to Waterloo Hosting that the information he,
she or it has provided and will provide to Waterloo Hosting for purposes of
establishing and maintaining the service is accurate. If the customer is
an individual, the customer represents and warrants to Waterloo Hosting that
he or she is at least 18 years of age. Waterloo Hosting may rely on the
instructions of the person listed as the primary customer contact on the
order with regard to customer's account until customer has provided a
written notice changing the primary customer contact.

7. Indemnification

Customer agrees to indemnify and hold harmless Waterloo Hosting, Waterloo Hosting's
affiliates, and each of their respective officers, directors, agents,
and employees from and against any and all claims, demands, liabilities,
obligations, losses, damages, penalties, fines, punitive damages,
amounts in interest, expenses and disbursements of any kind and nature
whatsoever (including reasonable attorneys fees) brought by a third
party under any theory of legal liability arising out of or related to
the actual or alleged use of customer's services in violation of
applicable law or the AUP by customer or any person using customer's log
on information, regardless of whether such person has been authorized to
use the services by customer.

8. Disclaimer of Warranties

WATERLOO HOSTING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Waterloo Hosting DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

9. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF WATERLOO HOSTING AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

10. Suspension/Termination

Suspension of Service:Customer agrees that Waterloo Hosting may suspend
services to the customer without notice and without liability if:

(i) Waterloo Hosting reasonably believes that the services are being used in
violation of the AUP
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP
(iii) Waterloo Hosting reasonably believes that the suspension of service is necessary to protect its network or its other customers
(iv) as requested by a law enforcement or regulatory agency. Customer shall pay Waterloo Hosting's reasonable  reinstatement fee if service is reinstituted following a suspension of service under this subsection.

Termination:The Agreement may be terminated by Customer prior to the
expiration of the initial term or any renewal term without further
notice and without liability if Waterloo Hosting fails in a material way to
provide the service in accordance with the terms of the Agreement and
does not cure the failure within ten (10) days of Customer's written
notice describing the failure in reasonable detail. The agreement may be
terminated by Waterloo Hosting prior to the expiration of the initial term or
any renewal term without further notice and without liability as
follows: (i) upon four (4) days notice if Customer is overdue on the
payment of any amount due under the agreement; (ii) Customer materially
violates any other provision of the agreement, including the AUP, and
fails to cure the violation within three (3) days of a written notice
from Waterloo Hosting describing the violation in reasonable detail; (iii)
upon one (1) days notice if Customer's service is used in violation of a
material term of the AUP more than once, or (iv) upon one (1) days
notice if Customer violates Section 6 (Customer Information) of this
agreement. Either party may terminate this agreement upon three (3) days
advance notice if the other party admits insolvency, makes an assignment
for the benefit of its creditors, files for bankruptcy or similar
protection, is unable to pay debts as they become due, has a trustee or
receiver appointed over all or a substantial portion of its assets, or
enters into an agreement for the extension or readjustment of all or
substantially all of its obligations.

11. Request for Customer Information

Customer agrees that Waterloo Hosting may, without notice to Customer, (i)
report to the appropriate authorities any conduct by Customer or any of
Customer's customers or end users that Waterloo Hosting believes violates
applicable law, and (ii) provide any information that it has about
Customer or any of its customers or end users in response to a formal or
informal request from a law enforcement or regulatory agency or in
response to a formal request in a civil action that on its face meets
the requirements for such a request.

12. Backup Policy

Waterloo Hosting backs up our drives every 4 hours.  This is not a guarantee that we can recover your data though.  We will make every effort to assist you with you recovery efforts.

13. Changes to Waterloo Hosting's Network

Upgrades and other changes in Waterloo Hosting's network, including, but not
limited to changes in its software, hardware, and service providers, may
affect the display or operation of Customer's hosted content and/or
applications. Waterloo Hosting reserves the right to change its network in its commercially reasonable discretion, and Waterloo Hosting shall not be liable for any resulting harm to Customer.

14. Force Majeure

Waterloo Hosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond
Waterloo Hosting's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet,
natural disaster, war, riot, insurrection, epidemic, strikes or other
organized labor action, terrorist activity, or other events of a
magnitude or type for which precautions are not generally taken in the
industry.

15. Governing Law/Disputes

The Agreement shall be governed by the laws of the Provice of Ontario, exclusive of its choice of law principles, and the laws of Canada, as applicable. The agreement shall not begoverned by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN WATERLOO COUNTY, ONTARIO, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

16. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property.  Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.  This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Waterloo Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Waterloo Hosting's prior written consent. Waterloo Hosting's approval for assignment is contingent on the assignee meeting Waterloo Hosting's credit approval criteria. Waterloo Hosting may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Acceptable Use Policy (Terms of Service is above this)

This AUP governs the use of Waterloo Hosting's free hosting, paid hosting, and VPS services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Waterloo Hosting regarding the interpretation of this AUP, Waterloo Hosting's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact support [@] waterloohosting.com.

Offensive Content

You may not publish or transmit via Waterloo Hosting's service any content that Waterloo Hosting reasonably believes:
* constitutes child pornography;
* constitutes pornography;
* is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
* is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
* is defamatory or violates a person's privacy;
* creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
* improperly exposes trade secrets or other confidential or proprietary information of another person;
* is intended to assist others in defeating technical copyright protections;
* clearly infringes on another person's trade or service mark, patent, or other property right;
* promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
* is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Waterloo Hosting; or
* is otherwise malicious, fraudulent, or may result in retaliation against Waterloo Hosting by offended viewers.

Content published or transmitted via Waterloo Hosting's service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any internet service provided by Waterloo Hosting.

Security

It is the responsibility of the client to take reasonable security precautions in protecting their login information to their services and the Waterloo Hosting billing area. It is always the client's responsibilty to ensure security of their website or VPS service, Waterloo Hosting is not responsible for compromised scripts or servers.

Bulk Commercial E-Mail

You must obtain Waterloo Hosting's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Waterloo Hosting's reasonable satisfaction:

* Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
* Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
* You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Waterloo Hosting's requests to produce consent evidence within 72 hours of receipt of the request.
* The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites? and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**?".
* You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
* You must have a Privacy Policy posted for each domain associated with the mailing;
* You have the means to track anonymous complaints;
* You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO:" line of the e-mail; and
* You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Waterloo Hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Waterloo Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Waterloo Hosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Waterloo Hosting's services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
* you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
* you are otherwise permitted by established United States copyright law to copy the work in that manner.

Waterloo Hosting will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Waterloo Hosting network, please send your written notice of copyright infringement to:

Waterloo Hosting
279 Sandowne Drive
Unit 3
Waterloo, Ontario
Canada
N2K 2C1

abuse [@] waterloohosting.com

Your notice must include the following:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Waterloo Hosting to locate the material;
* Information reasonably sufficient to permit Waterloo Hosting to contact you, such as an address, telephone number, and, if available, an e-mail address;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
* A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Waterloo Hosting network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Waterloo Hosting and its customers) without express authorization of the owner of the system or network;
* monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
* Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
* Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
* Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
* Any conduct that is likely to result in retaliation against the Waterloo Hosting's network.
* Use of Waterloo Hosting's network in a way that unreasonably interferes with Waterloo Hosting's other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Disclaimer

Waterloo Hosting is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Waterloo Hosting network.

Inquiries regarding this policy should be directed to support@Waterloo Hosting.com.