This Services Agreement contains the terms and conditions which govern your subscription of web hosting, e-Commerce and other Internet-related services provided by HostSmart.ca. By purchasing, registering and using the Services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the HostSmart.ca Site. For the purposes of this agreement "The Client" refers to the person/persons/or company that is purchasing services from HostSmart.
1. Appropriate Use of Our Services
HostSmart.ca provides the Services exclusively and makes does not edit, control, monitor or restrict the data content other than stated in this agreement or as necessary to provide such Services.
1.1. Client Content
The Client agrees that it will not distribute, electronically transmit or display any materials, supplied by/or through The Client - or supplied by a third party - to any HostSmart.ca server which: violates any provincial, state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of HostSmart.ca or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate; violate any HostSmart.ca policy posted on the HostSmart.ca Site including, but not limited to: HostSmart.ca Acceptable Use Policy, HostSmart.ca (SPAM) Policy, HostSmart.ca Resource Abuse Policy, contain viruses or other computer programming defects which result in damage to HostSmart.ca or any third party.
1.2. No "SPAM"
The Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. The Client also shall not engage in any unsolicited email practices at HostSmart.ca, or otherwise, that mentions or reference any domain hosted on HostSmart.ca servers or parked on HostSmart.ca DNS servers.
r UCE (SPAM) Policy.
1.3. Disk Space and Bandwidth
The Client may occupy only the amount of disk space on the HostSmart.ca Server and utilize no more than the network bandwidth that is allotted by HostSmart.ca. Additional fees, as specified, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
1.4. Licensed Software Only
The Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
1.5. Back-Up Files
The Client will have the ability to reinstate files which are automatically archived by HostSmart.ca; however, HostSmart.ca does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
HostSmart.ca reserves the right to refuse service to anyone. HostSmart.ca, in its sole discretion, may immediately terminate this Agreement if The Client engages in any of the foregoing and is not liable to refund any funds previously paid by The Client. To report any unacceptable behavior by a third party using the Services, please contact abuse@HostSmart.ca.com.
The Client may terminate service on their anniversary date by providing written notice 30 days prior to their anniversary date.