Terms Of Service
This Web Hosting Agreement (this "Agreement") is between DediGeeks Inc., a web hosting company formed under the laws of the Province of Ontario with its principal office at 710 Tower St South PO Box 50081 N1M 2R0 Canada ("Hawk Host") and the person (individual or legal person) whose signs DediGeeks service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of DediGeeks Web hosting service.
Table of Contents
Services. Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Hawk Host's credit approval requirements, Hawk Host agrees to provide the web hosting services described in the Order for the fees stated in the Order.
Term. The initial service term of the Agreement shall begin on the date that Hawk Host generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for as many successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Hawk Host or Customer provides the other with written notice of non-renewal. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
Payments
Fees. Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, annually bi-annually as indicated on the Order, beginning on the Service Commencement Date. Hawk Host may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Hawk Host 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 Hawk Host will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 7th day before each billing cycle, and the fees shall be due on the 7th day following invoice date. Payments must be made in United States dollars. Customer is responsible for providing Hawk Host with changes to billing information (such as credit card expiration, change in billing address). Hawk Host may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay Hawk Host's reasonable reinstatement fee following a suspension of service for non-payment, and to pay Hawk Host's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs. Customers who either reside in or have a primary billing address in Canada will be subject to the appropriate GST/HST tax for their province. This tax will be included and shown on all invoices issued by Hawk Host.
Fee Increases. Hawk Host may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if 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).
Taxes. At Hawk Host's request Customer shall remit to Hawk Host all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Hawk Host), regardless of whether Hawk Host fails to collect the tax at the time the related services are provided.
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 Hawk Host terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Hawk Host'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.
Payments to Hawk Host are non-refundable except for the first payment which falls under the thirty (30) day money back guarantee. Only shared, reseller and semi-dedicated and VPS services are eligible for the thirty (30) day money back guarantee. No other services provided by Hawk Host are covered by this guarantee. The thirty (30) day money back guarantee is not valid upon any terms of service or acceptable use policy violations. All overcharges or billing disputes must be reported within thirty (30) days of the time the dispute occurred.
Law/AUP. Customer agrees to use the service in compliance with applicable law and Hawk Host's Acceptable Use Policy posted at http://hawkhost.com/Legal/aup (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Hawk Host 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 Hawk Host's notice to 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 Hawk Host's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Hawk Host and Customer regarding the interpretation of the AUP, Hawk Host's commercially reasonable interpretation of the AUP shall govern.
Resource Usage
Daemons/Servers/Shell
Under no circumstances are you allowed to run any daemons, servers or compile anything under your account without direct permission from Hawk Host management. Shell access is meant to be used solely with basic file system usage.
Cron Usage
You may not have cron jobs in intervals lower than 1 minutes a part.
Account Limitations
You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you're unsure if your intended use violates this TOS please contact us so we can clarify it for you.
Notices. Notices to Hawk Host under the Agreement shall be given via electronic mail to the e-mail address posted for customer support (support@hawkhost.com). Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
