INTRODUCTION
hatzol, Inc., its affiliates and their successors and assigns (collectively referred
to as “hatzol”) makes available the web hosting and related services described in
hatzol published service descriptions subject to these Terms of Service (the “TOS”).
For the purposes of the TOS, the word “you” means the individual requesting one or
more services provided by hatzol, and, if applicable, includes any other legal
entity on behalf of which an individual makes such a request. Additionally,
you agree not to make such a request on behalf of any other legal entity unless you
have the authority to bind that legal entity to the TOS.
CONTENT
- Intellectual Property. No intellectual property rights are transferred by hatzol
to you by these TOS.
- Your Content. “Your Content” means all materials, information, data or code that
you upload, store, transmit, receive or process in connection with the Services.
You hereby grant to hatzol and its directors, officers, employees, agents,
consultants or subcontractors the right to use, reproduce, transmit and delete
(as applicable) Your Content in such manner as may be necessary to enable hatzol
to perform the Services and otherwise exercise any right or perform any
obligations under this Agreement.
- Monitoring Your Content. Although hatzol is not obligated to monitor content and
assumes no responsibility for Your Content or the content of its other
customers, hatzol reserves the right, subject to all applicable laws, to
investigate Your Content and may block access to, refuse to host, or remove any
information or material that it deems to be in breach of section 6.1.
ACCEPTABLE USE
Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate
use as set out in this section 6. You may not use the Services or hatzol’s
technology infrastructure in any manner that constitutes an unacceptable use.
Unlawful of illegal use is the creation, collection, transmission, storage or
exchange of any material in violation of any applicable law or regulation.
Inappropriate use includes any use or behaviour that may: (i) jeopardize hatzol’s
products, services, technology infrastructure or ability to operate; or (ii) expose
hatzol to civil liability. Unlawful, illegal or inappropriate use includes use of
the Services to:
possess, store, view, download, transmit, distribute (by any peer-to-peer service or
otherwise) or traffic any materials that:
- include child pornography;
- infringe any person’s copyright or other intellectual property right (including
unlicensed or improperly licensed applications, music, games or other
materials);
- wilfully promote hatred against or defame any identifiable individual, group or
other organization; including but not limited to promoting hate, violence, or
intolerance based on race, age, gender identity, ethnicity, religion, or sexual
orientation.
- can be used for attacking computer systems and networks and defacing websites
(including scripts, executables or other tools).
- include any form of malware
- make threats to a person’s safety or property;
- defame other persons;
- interfere with the services that hatzol provides to its other customers;
- interfere with, disrupt or damage the servers used by hatzol to provide such
services, those of hatzol’s suppliers or those of hatzol’s other customers;
- impersonate or falsely state or otherwise misrepresent your identity or
affiliation with any person or entity;
- wilfully bypass or subvert the physical, logical or procedural safeguards such
as firewalls, web-filtering software or other access controls used by anyone to
gain unauthorized access to anyone’s technology infrastructure or distributing
computer programs designed to assist in doing so;
- any act in violation of any applicable local, provincial, state, national or
international law or regulation including any laws relating to:
- the export of data or software;
- the protection of human rights;
- the promotion of hatred;
- defamation;
- criminal offences;
- the protection of intellectual property; or
- including the sending of commercial electronic messages without consent from the
recipients.
Unacceptable uses of the Services or hatzol’s technology infrastructure may also
include but are not limited to: ailing, unsolicited emailings, newsgroup spamming,
hardcore pornography (including but not limited to the use of animals in such
pornography) or links to such sites, copyrighted MP3, illegal content, copyright
infringement, trademark infringement, warez, cracks, software serial numbers, and
running of any scripts, executables, or other programs or processes that can in any
way adversely affect the performance of hatzol’s technology infrastructure. hatzol
will be the sole and final arbiter as to what constitutes a violation of this
policy.
Disruptive Uses. You may not use the Services or hatzol’s technology infrastructure
in any manner that interferes with or disrupts hatzol’s other customers. When any of
the following events occurs in relation to any hosted web site, it is a disruptive
use, a breach of these TOS and hatzol may exercise its rights under section 6.6
including to suspending Services:
- generating a daily, weekly or monthly volume of network traffic that is
excessive in relation to amount of network traffic typically generated by
hatzol’s other clients who have purchased similar hosting services;
- generating spikes in network traffic usage that are out of proportion (in volume
or frequency) to those typically generated by hatzol’s other clients who have
purchased similar hosting services;
- on a daily, weekly or monthly basis, consuming CPU or other processing resources
in a manner that is excessive in relation to amount of network traffic typically
generated by hatzol’s other clients who have purchased similar hosting services;
- even if they do not come within (i), (ii) or (iii) above, running peer-to-peer
applications, peer-to-peer file sharing, proxy servers, bit torrent, online
gaming servers, proxy server network, interactive relay chat (IRC), interactive
chat applications, membership or community sites, file sharing, video sharing,
photo sharing or other resource intensive services or applications.
- using disk space to store materials unrelated to or unnecessary for the
operation of the web site for which the Hosting Services were purchased (for
example, using disk space for data warehousing, email storage, backups of emails
accounts, backups of all or part of any computing, telecommunications or mobile
device or other forms of mass data storage); or
- the sending of any commercial electronic messages promoting the web site or
otherwise directing attention to the web site to any recipient without the
recipient’s consent
- No “Spam”: UCE/UBE or “spam” originating from a server located on our network or
associated with a hatzol server is not tolerated. This includes any email that
promotes websites hosted on a server located on the hatzol network, but which is
sent from an email address not associated with a hatzol account.
- Music, Image and Video Files. Responding to and addressing copyright complaints
is a time consuming process. From time to time, hatzol scans its servers looking
for MP3, MP4 and other file formats commonly used for music, images or video. If
such files are detected amongst Your Content, hatzol may ask you to demonstrate
that they are: (i) owned or properly licensed by you; and (ii) if licensed, not
being used in a manner that is inconsistent with that license. If you fail to do
so for any file or, in the alternative, remove the file from hatzol’s servers,
it is a breach of this section 6.3 and hatzol may exercise its rights under
these TOS including section 6.6 and section 5.3
- Reporting. If you become aware that any person has committed, is likely to have
committed or is likely to commit any act described in section 6.1, you will
promptly report it to the help desk from which you receive technical support.
- Investigation. hatzol reserves the right to investigate suspected breaches of
this section 6, and you agree to cooperate with hatzol when asked to assist in
any such investigation.
- Breaches. If you breach this section 6, it is probable (in hatzol’s sole
discretion) that you have breached or it is likely that you will breach this
section 6 (also in hatzol’s sole discretion), hatzol in its sole discretion may
suspend or revoke your access to the Services or hatzol’s technology
infrastructure. Breaches of this section 6 may also result in you incurring
criminal prosecution or civil liability.
- Others Breaches. hatzol assumes no liability for enforcing or not enforcing the
provisions in its other service agreements relating to acceptable use.
IP ADDRESSES
- hatzol may assign one or more Internet Protocol addresses to you for use with
the Services. You acknowledge that you have no right, title or interest in or to
any IP addresses assigned to you by hatzol or its representatives in connection
any Services. hatzol or its suppliers may change any such address at any time,
but hatzol will use reasonable efforts to give you notice of any change if the
affected IP address is a fixed IP address.
PAYMENT
- Fees. The fixed fees and/or rates applicable to any Service are set out in the
online order form for the Service (the “Fees”). They may include one-time fees
(these are typically for setting up the service) and recurring
fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE
INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL
RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU.
Otherwise, hatzol will give you at least 30 days prior written notice of any
increase to the Fees.
- Promotions. From time to time, hatzol may offer its services to new or existing
clients at discounted or promotional rates. You acknowledge that any such
promotion is only applicable to one of your Services if the promotion or
discount is clearly set out as applicable on the online order form used that you
used to order the Service.
- Expenses. Unless expressly set out otherwise in an applicable Service
Description, you will reimburse hatzol for all registrar’s fees or other related
expenses incurred by hatzol in relation to any third-party service described in
section 4.3.
- Taxes. You will pay any present or future sales, goods and services, excise,
value-added, or other similar taxes including any related interest or penalties
(imposed at any time by any governmental authority) arising from or related to
any Services other than taxes based on hatzol’s net income.
- Payment of Fees. hatzol accepts payment by credit card (Visa, MasterCard or
American Express) and by PayPal. Available payment types may vary from region to
region. Information on the payment types accepted in your jurisdiction is
available on the Site.
- In Advance. Payment for Hosting Services is in advance. When you order a Hosting
Service, you are required to pay the full amount of Fees for the initial term
and applicable taxes. When a Hosting Service renews, you are required to pay the
full amount of Fees for the renewal term and applicable taxes. A Hosting Service
renews when it has not been terminated by you prior to the last date of the
initial term or any renewal term for which you have paid.
- Additional Services. Fees for Additional Services, applicable taxes and
reimbursable expenses are due at the end of the month in which they are
incurred.
- Automatic Charging. When hatzol is entitled in accordance with this Agreement to
any Fees, applicable taxes or expenses, such amounts will be automatically
charged to the credit card or PayPal account that hatzol has on file for you and
you authorize hatzol to do this. hatzol will send an invoice for these amounts
to the email address that it has on file for you before doing so.
- Chargebacks. Please note that should any amount that you pay by credit card or
PayPal be charged back to hatzol, you will incur an additional Fee of $25.00.
The payment will not have been received by the due date, and:
- hatzol may restrict, suspend or terminate the affected Services; and
- the overdue payment shall bear interest at the rate of one percent (1%)
per month (an effective annual rate of 12.68%) or the maximum rate
permitted by law, whichever is less. Further, hatzol shall be entitled
to recover its collection costs, including legal fees and expenses.
- 30 Day Guarantee of Hosting Services.
- If at any time during the 30 day period beginning on the date that you
purchase Hosting Services for the first of your websites to be hosted by
hatzol you are not satisfied with the Hosting Services that you are
receiving, you may terminate this Agreement by using the web-based tool
that hatzol provides to you to manage your account to terminate the
Hosting Service. If you do so, you will receive a refund.
TERM
- Term. This Agreement shall be effective as of the date on which you order your
first Service and shall continue until terminated in accordance with the terms
and conditions set out in section 10 of this Agreement (the “Term”).
SUSPENSION AND TERMINATION
- Suspension. If you breach of these TOS, hatzol may, in its sole discretion,
restrict or suspend the Services, without prior notice to you and without an
opportunity to cure the breach. If you are given an opportunity to and you cure
the breach or you demonstrate to hatzol satisfaction that you have taken steps
to prevent future breaches of the TOS, hatzol will lift the restriction or
suspension. hatzol will give you notice of any suspension or restriction.
Whether or not a restriction affects your access to Your Content is in hatzol’s
sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY
SUSPENSION OR RESTRICTION OF SERVICES.
- By You. You may terminate any Service at any time by using the web-based tool
that hatzol provides to you to manage your account to terminate the Service.
PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services
will not be refunded.
- By hatzol. hatzol may terminate any Service by giving you at least 30 days
written notice of the termination date. hatzol may terminate this Agreement
immediately and without prior notice to you:
- if you breach section 6 (Acceptable Use);
- if you breach section 8 (Payment) and do not cure that breach within 10
days of the breach; or
- if you breach any other section of these TOS and do not cure that breach
within 15 days.
- Survival. Those sections of this Agreement which by their nature should survive
the termination or expiration of this Agreement, including but not limited to
3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17
will remain in full force and effect following the expiration or termination of
this Agreement.
- Renewals. Services purchased for a set period (for example, three years) will be
automatically renewed upon the expiry of that period unless you give hatzol
written notice of your intention to terminate them at least 30 days prior to the
expiry of that period. They will be renewed at hatzol’s then current rates for
such Services.
WARRANTIES AND DISCLAIMERS
- THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF
INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU
ACKNOWLEDGE THAT THE HOSTING SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE
AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS
AGREEMENT, hatzol EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR
CONDITIONS WITH RESPECT TO THE HOSTING SERVICES OR OTHERWISE ARISING FROM THIS
AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE
HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATIONS OF LIABILITY
- Limit. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF hatzol (INCLUDING ITS
REPRESENTATIVES AND SUPPLIERS) TO YOU, THE CLIENT, FOR ANY CLAIMS ARISING OUT OF
OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY YOU, THE CLIENT, DURING
THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH YOU, THE CLIENT, MAKE YOUR FIRST
CLAIM FOR DAMAGES.
- Indirect Damages. hatzol (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN
CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES.
THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR
WHETHER hatzol HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Some jurisdictions do not allow the exclusion of incidental, special or
consequential damages. If any jurisdiction having applicability to the TOS does
not permit any such exclusion or limitation, hatzol’s total liability to you in
connection with any incidental, special or consequential damages will be limited
by section 12.1.
- Allocation of Risk. You (the Client) and hatzol understand and agree that, to
the extent permitted by applicable law, the foregoing exclusions and limitations
of liability represent the parties’ agreement as to allocation of risk between
them in connection with their respective obligations under this Agreement. The
fees payable to hatzol reflect, and are set in reliance upon, this allocation of
risk and the exclusions and limitations of liability set forth in this
Agreement.
INDEMNIFICATION
- You agree to indemnify and hold hatzol and its affiliates, directors, officers,
employees, and agents harmless from and against any liabilities, losses, damages
or costs, including reasonable attorneys’ fees, incurred in connection with or
arising from any third-party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or relating to Your Content, your
use of the Services or any wilful misconduct on your part.
AGREEMENT
- Entire Agreement. These TOS and all documents incorporated herein by reference
constitute the complete agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous
discussions, negotiations, understandings and agreements, written or oral,
regarding such subject matter.
- Severability. Should any provision of this Agreement be held to be invalid or
unenforceable by a court of competent jurisdiction, that provision will be
enforced to the extent permissible, and all other provisions will remain in
effect and are enforceable by the parties.
- Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of
any other provision. No term of this Agreement will be deemed to be waived by
reason of any previous failure to enforce it. No term of this Agreement may be
waived except in a writing signed by the party waiving enforcement.
- Interpretation. The headings used in the Terms are for convenience of reference
only. No provision of the Terms will be interpreted against any party merely
because that party or its legal representative drafted the provision. All
remedies are cumulative. Throughout the TOS, the term “including” or the phrases
“e.g.,” or “for example” have been used to mean “including, without limitation”.
ASSIGNMENT
- TOS. You may not assign the agreement represented by these TOS, either in whole
or in part, without the prior written consent of hatzol. Any other attempted
transfer or assignment of rights hereunder shall be null and void.
- Domain Names. These TOS do not restrict your ability to transfer any domain for
which you are the registrant. If hatzol is the registrar for the domain name,
please request our “domain name transfer instructions” by sending an email
to support@hatzolsupport.com. We will send you the specific details and
information about transfer of ownership.
- hatzol. hatzol may assign its rights and obligations hereunder without your
prior consent.
NOTICE
- Notice. Any notice or other significant communication given to you pursuant to
the Terms will be in writing, addressed to any email address or address that you
provided to hatzol when acquiring your first Service (as updated by you in
accordance with section 3.2) and sent to you by email or by nationally
recognized overnight courier as applicable. Any notice or other significant
communication given to hatzol pursuant to the TOS will be in writing and sent to
hatzol at the address then listed on the Site in the Contact Us section by fax
or nationally recognized courier. Notices will be deemed to have been received
one business days following: (i) email transmission by hatzol to you; (ii)
deposit with a globally recognized overnight delivery service, all delivery
charges pre-paid; or (iii) transmission if sent by facsimile and receipt
confirmed by the facsimile machine used.
OTHER
- Governing Law. This Agreement will be governed by the laws of the Province of
Ontario and the laws of Canada applicable therein, without reference to the
conflict of laws provisions. The parties consent to the jurisdiction of the
courts of Ontario, Municipality of Halton and City of Burlington.
- Independent Contractors. The relationship between the parties is that of
independent contractors, and not that of partnership, joint venture, employment,
franchise or agency. Neither party may incur any obligations on the other’s
behalf without the other’s prior written consent, except as otherwise expressly
provided herein.
- Force Majeure. Neither party will be liable for any failure or delay in its
performance under this Agreement due to any cause beyond its reasonable control
that could not have been avoided by the exercise of reasonable foresight
provided that such party gives the other party prompt notice of such cause and
uses reasonable commercial efforts to correct such failure or delay in
performance.
AMENDMENT
- hatzol may change the TOS from time to time and at any time. When hatzol changes
the TOS, hatzol will: (i) post the updated version of the TOS on the Site
together with the date on which it was revised; and (ii) on home page for the
Site for at least 30 days following any change to the TOS post a notice that the
TOS have been updated.
- As well, hatzol may, but is not obliged to, ask you to actively confirm your
consent to the revised TOS. If hatzol does not do so, but you continue to use
the Services or Site after the changes come into effect, you will be deemed to
have agreed to abide by the revised TOS. If you do not agree with the revised
TOS without qualification, terminate any existing Services that you are
receiving from hatzol and instruct hatzol to disable any password for the Site
assigned to you.
- hatzol reserves the right, in its sole discretion, to change or modify the Site
from time to time including but not limited adding or removing functionality or
features or changing its name.
