All DIYTel web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Customer has recently setup their account with DIYTel. The “Coming Soon” default index web page may be removed by the Customer at any time once they have access to the web server. The “Coming Soon” web page may include such things as, but without limitation to, the following:

• Links to additional products and services offered by DIYTel.

• An Internet search engine interface.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:

• Links to additional products and services offered by DIYTel.

• An Internet search engine interface.

• A custom page setup in your website

Any optional features for your hosting plan will be billed according to the term that you have requested.

All DIYTel web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in Customer Zone. DIYTel is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.

Email

DIYTel’s email service provides customers with the capability to send and receive email via the Internet. DIYTel retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Customers and to protect our computer systems.

As an owner and operator of the equipment and other resources utilized to provide services, DIYTel has the legal right to block electronic communications from other entities on the Internet.

Definition of Unlimited Usage

What “Unlimited” means: DIYTel does not set an arbitrary limit on the amount of resources an account can use other than specifically stated in the initial package purchased.

What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.

Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice.

DIYTel’s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Customer accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by DIYTel administrators and anti-abuse controls. These Customers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.

DIYTel Hosted Applications

As part of the Service, DIYTel may provide its Customers with access to Hosted Applications. The Hosted Applications may include, but are not limited to, the following:

• Web Tools

• Hosted Blog

• Hosted Forum

• Hosted Gallery

• Hosted Web-Form

• Website Creator

Customers shall abide by the terms and conditions set in this Agreement in utilizing the DIYTel Hosted Applications.

DIYTel reserves the right to modify or terminate the DIYTel Hosted Applications at any time for any reason, with or without notice, without liability to you, the users of the applications or any third party.

Domain Name Registration

DIYTel offers domain name registration and renewal services in partnership with ICANN accredited registrars. DIYTel processes registration and renewal services through these respective registrars at its discretion.

You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. DIYTel is authorized to deny any such transfer requests.

You acknowledge and agree that DIYTel may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.

Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Customers may choose to opt in or out of the Automatic Domain Renewal service via Customer Zone.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.

Customers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are subject to a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.

In addition to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.

Service Fees / Payments / Invoices

All DIYTel fees and charges are quoted and billed in Canadian Dollars unless otherwise noted.

DIYTel uses an automated payment processing system and only accepts credit card payments at this time. All Customers are required to provide DIYTel with valid a credit card number for the processing of any applicable service fees.

DIYTel has the right to close/block DIYTel accounts that we suspect to be fraudulent and proof of identification maybe requested to verify users.

DIYTel may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Services provided to Customers who have listed a Canadian address are subject to applicable taxes.

A minimum contract period is applicable to all DIYTel subscription services. The minimum contract term is the minimum period for which the customer must remain on and is liable for payment of their DIYTel service from the time it is activated.
Unless otherwise stated the minimum contract period is 12 (twelve) months.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Billing inquiries and disputes should be brought to DIYTel’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any charge-back or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to charge-back service charges. Where applicable, DIYTel reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the charge-back or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

DIYTel reserves the right to modify service fees and rates, effective upon posting on the DIYTel website or on this Agreement. Current service charges include the following (non-exclusive list):

Termination / Plan Change / Refund Policy

DIYTel may terminate your Service under the following circumstances (non-exclusive list):

• Non-payment of fees

• You are in breach of any term or condition of this Agreement

• Your use of the Service disrupts DIYTel business operations or affects any other party

All Customer data is removed from DIYTel servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Support page of our website: https://www.diytel.ca/about-us/

Cancellation of the service will require one month’s notice from the end of the minimum contract period, stated for the service subscribed to by the user.

When submitting your cancellation request, you must provide the correct Customer ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

You are eligible for a refund under the following circumstances only:

1. If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund of all hosting fees paid.

2. If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund of all hosting fees paid on your most recent renewal. You will be subject to a $15.00 Refund Processing Fee.

3. If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund of all hosting fees paid on your most recent hosting plan change. You will be subject to a $15.00 Refund Processing Fee.

If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse DIYTel for the domain name registration when you do any of the following before your hosting plan subscription expires:

1. You cancel your hosting plan subscription.

2. You change to a hosting plan or term that does not offer a free domain name.

3. You transfer the domain name to another domain registrar.

The amount of this fee will vary depending on the domain type and on the registration term.

Only one refund may be issued for each invoice. DIYTel reserves the right to grant or deny any refund requests.

Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.

Customer Responsibility

When you apply to use DIYTel services, you will be asked to select a Customer ID and Password. The Customer ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Customer ID and Password you select from any unauthorized use. IN NO EVENT WILL DIYTEL BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR CUSTOMER ID OR PASSWORD.

Customers are responsible for maintaining accurate account information at all times, including credit card and contact information.

Prohibited Conduct

DIYTel does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Customer engaging in the sending of Spam through the DIYTel network will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian laws and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content and behavior prohibited by the Service:

• Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.

• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.

• Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a DIYTel account will result in immediate account suspension.

• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.

• Content or otherwise that exploits children under 18 years of age.

• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.

• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.

• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.

• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any DIYTel service, solution or technology.

• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwords of Customer Sites (or pages contained therein).

Notices

You agree that, unless other instructions are posted on DIYTel’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for DIYTel posted on the DIYTel website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Privacy

The DIYTel Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Customers’ personal information. The DIYTel Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://diytel.ca/privacy-policy/

Reservation of Rights

DIYTel reserves the right and sole discretion to:

• Censor any website hosted on its servers that is deemed inappropriate.

• Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.

• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.

• Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against DIYTel or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

• Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that DIYTel determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.

• Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. DIYTel makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. DIYTel is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by DIYTel.

In no event will DIYTel be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

DIYTel, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall DIYTel be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Indemnification

You agree to indemnify and hold DIYTel harmless from and against, and to reimburse DIYTel with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by DIYTel by reason of or arising out of or in connection with:

• Any breach of this Agreement by you.

• Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.

• Illegal, pornographic, or discriminatory content on your website.

Force Majeure

DIYTel will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority

DIYTel does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

This Agreement, as may be updated from time to time and posted at https://www.diytel.ca/terms-for-hosting-services/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.