Terms and Conditions of Use
Hosting User Agreement (Terms and Conditions)
The Net Now 380 Wellington St, 6th Floor, London, ON N6A 5B5 (519) 457-3505
Updated: July 20, 2015
The Net Now asks your understanding and cooperation in keeping within our hosting policies. We provide web hosting to many clients and have a responsibility to provide the best possible service. The following guidelines were designed to ensure that these obligations are met.
Please read this agreement in its entirety. By uploading files, or activating email accounts or utilizing any services, you are accepting the use of our hosting services, all users of our service will be bound by this agreement. This User Agreement (the ‘Agreement”) governs the terms of the use by Client of services offered by The Net Now (‘Provider’).
Client agrees to receive access to the The Net Now services according to the following terms and conditions:
Selection of Service Plan: Client will select one of the service plans offered by Provider, and agrees to receive services according to the service plan selected. Services provided may be for web hosting, email, web design and/or domain registration or any other service as outlined on our website located at https://thenetnow.com
Payment of Services: Client will pay for services provided under this Agreement by Cheque, Money Order payable to the Provider or by Mastercard or Visa. When initiating hosting service on a monthly basis, Client will be charged for the first two months hosting and will continue to pay the monthly hosting rate prior to the month that is billed for. The agreement begins on the first day the account is accessible to the Client.
Term: This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party.
Compliance with Law: Client will use the services offered by Provider in a manner consistent with all applicable local, provincial and federal laws and regulations of Canada or the United States.
File Backup: Provider is not responsible for Client’s files residing on Provider’s servers. Client is solely responsible for independent backup of data stored on Provider’s servers.
Prohibition of Publication of Certain Material: Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
(e) any activities deemed as illegal in Canada or the United States;
Any violation of the above conditions will result in termination of Client’s account.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client’s material submitted to Provider for publication. Provider’s publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Disclaimer of Warranties: PROVIDER’S SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability: Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Indemnity: Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
Resale of Provider’s Service: If Client acts as a ‘reseller’ of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client’s obligations under Section 9 (‘Indemnity’) shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider’s services.
Governing Law/Venue: This Agreement shall be governed by the laws of the the Province of Ontario. Venue for any action hereunder shall be in the City of London, Middlesex County, Ontario, Canada.
Relationship of the Parties: The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
Taxes: If any federal, provincial or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
Waiver: Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
IP Addresses: Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Cancellation: For domain names and SSL certificates, there is no refund for registration fees. For web design fees, we will return payments only for fees relating to work that has not been completed. For web hosting fees, if this Agreement is terminated by either party, the Client will be obligated to pay for only the pro rata portion of the monthly service plan charge for the month in which the service is terminated. If monthly hosting fees have been paid in advance of service to the Provider, on request, they will be returned to Client within 30 days upon cancellation of service. The account will normally be cancelled within 24 hours. At the Provider’s discretion, written authorization to cancel may be requested.
The Net Now offers the following guarantees:
1. If, during any month, we have not met the 99.5% uptime guarantee, we will, on request, rebate an amount equal to 50% of that months hosting to be applied to your account within 30 days. Scheduled maintenance windows are not included in uptime guarantee.
2. If you are not satisfied with our web hosting, you may cancel with full refund within 30 days of signup. This does not include domain registration.
3. If you wish to cancel your hosting at any time (for ANY reason) please contact us in writing or email. You must include your username and password or some other means of identification. On request, we will refund any whole, unused months of hosting fees. We are not able to extend this refund on any setup fees, domain registration fees or any site design work.