Terms of Service
By submitting an online order form on our website, Customer hereby agrees to the following:
In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
Money Back Guarantee and Refund
The Web Factory offers an unconditional 45 day money back guarantee on shared, business and other hosting products for any customer who paid their first invoice with a credit card or with PayPal. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Refund requests for shared, business, and other accounts after the initial 45 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a full refund and the money back guarantee cannot be used by the same customer multiple times or for multiple accounts. Violations of any other part of the Terms of Service will waive the refund and money back guarantee policy.
Charge Backs, NSF and Disputed Payments
If we receive a charge back, NSF cheque or payment dispute from a credit card company or bank, your service may be suspended without notice. A $50 charge back fee (issued to recoup mandatory fees passed on to us by the credit company or banks), plus any outstanding balances accrued as a result of the charge back(s) must be paid in full before service will be restored. Instead of issuing a charge back, please contact our billing team to address any billing issues. We are happy to help resolve any issues.
By submitting an online order form on our website, Customer hereby agrees to the following:
In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
- Customer agrees to pay for hosting services rendered in advance of each monthly or annual service term
- Customer agrees to future automatic payment if a credit card is used unless otherwise indicated to The Web Factory
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes
- Non-Payment of services shall result in a 10-day notice of disconnection after which services will be suspended until full payment has been received and processed
- The Web Factory reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including this Terms of Service. When accounts are terminated all files will be removed from our servers
Money Back Guarantee and Refund
The Web Factory offers an unconditional 45 day money back guarantee on shared, business and other hosting products for any customer who paid their first invoice with a credit card or with PayPal. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Refund requests for shared, business, and other accounts after the initial 45 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a full refund and the money back guarantee cannot be used by the same customer multiple times or for multiple accounts. Violations of any other part of the Terms of Service will waive the refund and money back guarantee policy.
Charge Backs, NSF and Disputed Payments
If we receive a charge back, NSF cheque or payment dispute from a credit card company or bank, your service may be suspended without notice. A $50 charge back fee (issued to recoup mandatory fees passed on to us by the credit company or banks), plus any outstanding balances accrued as a result of the charge back(s) must be paid in full before service will be restored. Instead of issuing a charge back, please contact our billing team to address any billing issues. We are happy to help resolve any issues.
Prohibited Content
Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in The Web Factory's sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services.
Prohibited content includes, without limitation;
1. content or code that facilitate any violation of, or describe ways to violate, this ToS or
2. "harvested" addresses or information
3. "phishing" web sites
4. "link farms"
5. "spamvertising" sites
6. "any hate related materials"
7. "anything exploiting children or minors" or
8. anything of a "pornographic nature"
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. The Web Factory investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the Customer's server.
4. Circumventing user authentication or security of any host, network or account, including “cracking.”
5. Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
8. Running an openly accessible proxy of any kind.
9. Failing to comply with The Web Factory's procedure relating to the activities of Customers on The Web Factory's servers. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $150 USD per hour.
Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in The Web Factory's sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services.
Prohibited content includes, without limitation;
1. content or code that facilitate any violation of, or describe ways to violate, this ToS or
2. "harvested" addresses or information
3. "phishing" web sites
4. "link farms"
5. "spamvertising" sites
6. "any hate related materials"
7. "anything exploiting children or minors" or
8. anything of a "pornographic nature"
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. The Web Factory investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the Customer's server.
4. Circumventing user authentication or security of any host, network or account, including “cracking.”
5. Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
8. Running an openly accessible proxy of any kind.
9. Failing to comply with The Web Factory's procedure relating to the activities of Customers on The Web Factory's servers. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $150 USD per hour.
Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Email Policy
Mass Mailings - The Web Factory has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of The Web Factory's servers whether or not the message actually originated from our network.
Mailing Lists - The Web Factory's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused The Web Factory's mail servers or The Web Factory's IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges. Please contact us if your unsure about your email situation and how it pertains to our policies.
Violation of the above terms will result in one or all of the following:
Copyright Infringement
The Web Factory's hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canada/United States or provincial or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. The Web Factory will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers in our data centers.
Server Resources
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, The Web Factory reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. The Web Factory will be the sole arbiter of what is considered to be an excessive amount of server resources. The Web Factory reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by The Web Factory.
Suspension and Cancellation
The Web Factory reserves the right to suspend service to any Customer for violation of the Terms of Service. The Web Factory will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. The Web Factory reserves the right to terminate service without notice for continued and repeated violations of the TOS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100.
Service Level Agreement
The Web Factory endeavors to have network connectivity available for HTTP access by third parties 99.5% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, The Web Factory will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond The Web Factory's reasonable control, including, without limitation, 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). The Web Factory is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While The Web Factory attempts to keep regular backups of data stored on our systems, The Web Factory does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. The Web Factory does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.
Mass Mailings - The Web Factory has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of The Web Factory's servers whether or not the message actually originated from our network.
Mailing Lists - The Web Factory's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused The Web Factory's mail servers or The Web Factory's IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges. Please contact us if your unsure about your email situation and how it pertains to our policies.
Violation of the above terms will result in one or all of the following:
- A warning from The Web Factory via email or phone
- Removal of DNS for the advertised / originating site
- Immediate disconnection of service with no re-activation
- $100 fee assessed to your account for violation and $25 per hour for administrative charges
Copyright Infringement
The Web Factory's hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canada/United States or provincial or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. The Web Factory will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers in our data centers.
Server Resources
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, The Web Factory reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. The Web Factory will be the sole arbiter of what is considered to be an excessive amount of server resources. The Web Factory reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by The Web Factory.
Suspension and Cancellation
The Web Factory reserves the right to suspend service to any Customer for violation of the Terms of Service. The Web Factory will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. The Web Factory reserves the right to terminate service without notice for continued and repeated violations of the TOS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100.
Service Level Agreement
The Web Factory endeavors to have network connectivity available for HTTP access by third parties 99.5% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, The Web Factory will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond The Web Factory's reasonable control, including, without limitation, 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). The Web Factory is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While The Web Factory attempts to keep regular backups of data stored on our systems, The Web Factory does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. The Web Factory does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.
Reseller Policy
Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold The Web Factory harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against The Web Factory, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The Web Factory against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with The Web Factory's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on The Web Factory's service.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold The Web Factory harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against The Web Factory, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The Web Factory against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with The Web Factory's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on The Web Factory's service.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.