Terms of Service

Introduction

This Terms of Service is an agreement between Customer and Joomla Services Inc. ("Agreement") and applies to Customer's account(s) with Joomla Services Inc. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. Joomla Services Inc. may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.

General Provisions

While using Services provided by Joomla Services Inc., you agree to the following terms and conditions.

Definitions

"We" "Us" "Provider" or "Joomla Services Inc." refers to Joomla Services Inc.; and
"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Joomla Services Inc.

Services Provided by Joomla Services Inc.

Joomla Services Inc. will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http (or https) internet content to the general public. The Services allow Joomla Services Inc. customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. Joomla Services Inc. customers will use the provided Services in a manner consistent with all applicable Provincial, Federal and International laws. Joomla Services Inc. will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, Joomla Services Inc. may immediately terminate Customer's account(s) without notice. Joomla Services Inc. will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

Customer Use of Services

Disk Space and Client Content: Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties unless they subscribe to a specific reseller account. Client agrees that webpages and files uploaded to our servers will not violate any provincial, federal or international laws or regulations; infringe on any intellectual property rights of Joomla Services Inc. or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Joomla Services Inc. or any third party. Customers may not run IRC bots or clients. BitTorrent seeders, trackers and .torrent files are not allowed. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. Joomla Services Inc. will be the sole and final arbiter as to what constitutes a violation of this policy.
Bandwidth Usage: Joomla Services Inc. offers various amounts of data transfer based on the hosting package purchased. Sites that exceed their allocated bandwidth within the monthly period will first receive an email notification. Sites that consume over there monthly limit more than 3 times within a year will be asked to order an additional package or look into a dedicated hosting service.
Excessive Resource User Policy: Resources are defined as bandwidth, storage, memory and processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the server resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing the stability and security of our network. Joomla Services Inc. will be the sole and final arbiter as to what constitutes a violation of this policy.
MySQL: The number of MySQL databases included is on a per package basis. These can be found on our website. Additional databases can be purchased for a monthly fee of $2/month/db. 3 user limit per database, 72,000 queries/user per hour limit.
No "Spam": UCE/UBE or "Spam" originating from an Joomla Services Inc. account, or associated with an Joomla Services Inc. account, is not tolerated. This includes any e-mail that promotes web sites hosted on an Joomla Services Inc. account but is sent from an e-mail address not associated with that Joomla Services Inc. account. Client shall not use their Joomla Services Inc. services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Joomla Services Inc. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $100 clean up fee if an account was suspended for policy violation. There is a 1000 Email limit that can be sent out within a 24 hour period unless an alternate arrangement is made with Joomla Services Inc. prior to sending. If an account is found to have been compromised and used by a third party to send SPAM then it remains the responsibility of Client to detect and immediately fix said compromise. In such a case Joomla Services reserves to right to immediately suspend Client hosting services and request proof the problem has been mitigated PRIOR to restoring Cleitn services.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files: Joomla Services Inc. will make every reasonable effort to protect and backup data for Client on a regular basis, however Joomla Services Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $45 for our Administrator to retrieve client's individual back-up files from our archives.
99.9% Uptime: Joomla Services Inc. has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. The uptime rate is an annual measure.
Domain Name Registration: There is a $20 to $24/year fee (see our services section for complete pricing) for new domain name registration. Domain names can be used or transferred to another registrar only if customers account is paid for with no outstanding balance. If customer has a balance oweing, it must be settled before domain name is released.

Payment Obligations, Renewals, and Cancellations

Payment Obligations: For new hositng and domain registrations full payment is required prior to services being granted. For hosting and domain registration renewals full payment is required on or prior to the due date noted on the invoice. You grant Joomla Services Inc. the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by Joomla Services Inc. according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that Joomla Services Inc. may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. If payment is not received within 30 days of the renewal date, your account will be suspended. Suspension is solely at the discretion of Joomla Services Inc. Once your account is suspended, you will need to pay any outstanding balance due on your account in full to reestablish services. Accounts that have been suspended will be kept for a minimum of 30 days, afterwhich Joomla Services may choose to delete the account to recoup the used resources. The deletion will include Client backups, all emails, website files and database files. There is a $30 fee for bounced checks and a $35 processing fee for chargeback's.

Joomla Services Inc. reverves the right to suspend and/or cancel any and all services if a customers account is not in good standing. This may include but is not limited to web development services, web consulting, web programming, web design, domain registration, colocation, or any other service Joomla Services offers.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Joomla Services Inc. fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.
Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the 30 days no refunds will be issued unless it can be demonstrated that Joomla Services has not provided adequate services. If failure to provide adequate service is demonstrated to Joomla Services satisfaction then we may issue a refund totalling no more then 50% of the remaining balance. Joomla Services Inc. will be the sole and final arbiter as to what constitutes adequate levels of service and an acceptable refund.

Limited 30-day Money Back Guarantee

If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding a $25 setup fee and any additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable. Phone requests will not constitute acceptance of any cancellation.

Server/Network Maintenance

In the event a planned outage would be necessary, they will be performed between 10:00pm to 5:00am EST. This does not mean there will be an outage at the specified time, and does not include unplanned outages if any should occur for reasons beyond Joomla Services Inc.'s control.

Disclaimer of Warranty

You agree to use the Services and any information obtained through or from Joomla Services Inc. at your own risk. You acknowledge and agree that Joomla Services Inc. exercises no control over, and accepts no responsibility for, the content of information passing through Joomla Services Inc.'s host computers, network switches, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Joomla Services Inc. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. Joomla Services Inc. MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. Joomla Services Inc. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Joomla Services Inc.. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Joomla Services Inc. PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

Joomla Services Inc. is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Joomla Services Inc. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Joomla Services Inc.

Limitation of Liability

You agree that Joomla Services Inc. will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Joomla Services Inc. at the time) which may exist in the Services or in Joomla Services Inc.'s equipment used to provide the Services.

Under no circumstances will Joomla Services Inc. be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Joomla Services Inc. will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Joomla Services Inc.'s records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Joomla Services Inc.'s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service

At its sole discretion, Joomla Services Inc. has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

Indemnification

Customer agrees to indemnify, defend and hold harmless Joomla Services Inc., its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure

Joomla Services Inc. will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process

Although Joomla Services Inc. maintains strict confidentiality on Customer's information, there are certain exceptions in which Joomla Services Inc. may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Joomla Services Inc. has no obligation to notify Customer about whom the information is sought or that Joomla Services Inc. has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration

This Agreement is governed by Canadian and Quebec law and both parties will submit to personal jurisdiction in Quebec, Canada. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to arbitration administered by the ADR Institute of Canada (ADR Canada) in accordance with its then existing Dispute Resolution Protocol and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be Quebec, Canada, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Assignment

Customer will not have the right to assign this Agreement without the prior written consent of Joomla Services Inc.

Entire Agreement; Severability

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the country and state/province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.