Web Hosting Agreement
This agreement is between Local Propeller Inc. (PROVIDER) and the party as specified in the on-line application (CLIENT).
This agreement will be governed by, and construed in accordance with, the laws of the province of Alberta and the laws of Canada. This is considered a contract in the province of Alberta.
- All web hosting accounts include free migration to our web server
- Hands-off account setup
- Free technical support for web hosting related issues, including updates to server software and server security
- On-site backups
- DNS updates to support external email service such as G Suite or Office 365
- Free SSL security certificate
What’s Not Included
- Website software updates
- Website design and content updates
- Fixing of hacked websites
- Email service
Local Propeller Inc. is not responsible for the hacking of any website served from our web servers. We take all reasonable security precautions to ensure that our server is as up-to-date and secure as is reasonable. There is no way to make a web server or a website hack proof.
If your website is hacked we are available to clean the hacked files and return your website to a pre-hacked condition. You will be advised of the cost of this service before any work begins. We are not responsible for any lost profits, lost data or any other losses you may suffer as a result of a website hack.
We reserve the right to suspend or cancel any customer’s access to any or all or our services if we decide that the account has been used for purposes we deem to be inappropriate, illegal or against our company policies. In general we will not host websites containing the following:
- Adult content or pornography
- Gambling, online casinos or lottery
- Sending of spam or any unsolicited e-mail
- Warez, cracks or other types of copyright infringement
- Phishing or other scams
- Anything else deemed illegal in the province of Alberta and/or Canada
- This list may be expanded or modified at any time.
If we deem your website to violate our company policies we will notify you via email. If nothing is done to remedy the violation, your web hosting will be terminated within 30 days. We cooperate with any and all law enforcement agencies. If demanded we will disable hosting services immediately.
Abuse of Web Server
Any attempt to undermine or cause harm to our web servers, or attack any customer of ours is strictly prohibited. Violation of this policy will result in immediate termination of hosting services and deletion of website files.
In addition, any attempt at phishing, password theft, security hole scanning etc. will result in immediate termination of hosting services and deletion of website files. If actions are deemed illegal we will pass all information on to the appropriate authorities.
Abuse of Traffic or Unlimited Storage Limits
Some of our hosting plans offers unlimited bandwidth and/or unlimited storage for the client web sites, the intention is to provide a large space to serve web documents, our server is not to be used as an storage area for files not related to your website.
All of your web pages (HTML or PHP) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on our server. Any website found to contain no HTML or PHP documents, or large numbers of unlinked files will subject to warning, suspension or cancellation at our sole discretion. To maintain the integrity of our service the following limitations apply to such hosting plans:
Websites with banners ads, graphics or cgi scripts running from their domain and used on another domain
- Websites where more than 50% of the files transferred are unlinked graphic files (eg. an image repository)
- Websites offering the large numbers of downloadable files or compressed archives (eg. a file repository)
- We will be the sole arbiter as to what constitutes a violation of this provision
If your website consumes more disk space or bandwidth than allotted your site will NOT be cut-off immediately once you exceed either limit as other web hosts tend to do. We will work with you to remedy the situation or upgrade you to a higher level web hosting package.
Commercial Advertisements Or Spam
Using your web hosting service to send mass commercial advertisements will result in immediate suspension of web hosting services.
Sending an email, especially one containing an advertisement, to more than five recipients, is considered spamming unless the individuals have specifically requested to be added to a mailing list.
We do not permit any sort of email sending services on our web server. If you need to send bulk email you will need to use a service like MailChimp or Campaign Monitor.
All web hosting clients agree to not to run any unapproved server applications. Any program or script that opens a port on our web server is considered a server application.
These include but are not limited to IRC servers, IRC proxies, IRC bots, mailing list software, etc. Violation of this policy may result in immediate termination of web hosting services with no compensation.
Further, you as our client will be responsible for any tangible or intangible damages caused by the use of these applications.
All web hosting accounts are set up on a pre-pay basis. Setup fees may be charged for new accounts or major account changes, trouble shooting or recovery from hacking, etc.
All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time.
The customer is responsible for all money owed on the web hosting account from the time it is created until you notify us in writing that you would like to terminate your hosting services.
You will receive an email each year with a link to pay your web hosting invoice. Failure to pay your invoice in a timely may result in the suspension of your web hosting service until payment has been made in full.
We reserve the right to cancel web hosting service at any time, for any reason. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. You will receive no refund of pre-payment if your service is cancelled for violation of our terms and conditions.
You have the right to cancel your web hosting service at any time. We require 30 days notice to initiate the cancellation. You will receive a pro-rated refund based on the final date of service
In addition, we are not responsible for the migration of website files to your new hosting service. All files will be deleted from our web server 30 days after the end of service unless a prior arrangement has been made.
We reserve the right to refuse service to anyone and for any reason.
Customers may only use our servers for lawful purposes. The transmission of any material in violation of any federal, provincial or local laws is expressly prohibited. This includes, but is not limited to, copyrighted material, material judged to be threatening or obscene, and material protected by trade secrets.
We expressly forbid the use of our servers for the distribution, storage, processing or otherwise handling in any way lewd, obscene, or pornographic material, or any other material we deem to be objectionable. This includes, but is not limited to, racist, sexist, defamatory, pornographic, and any and all materials of an adult nature.
The designation materials as described above is left entirely to the discretion of Local Propeller Inc.
Limitation of Liability
By using our web hosting services you agree that neither the primary service provider (Local Propeller Inc.) nor our backend service providers will be liable for:
- Suspension or loss of services, except to the extent that a remedy is provided under this agreement;
- Interruption of business;
- Access delays or access interruptions to the web site(s) provided through or by the services;
- Loss or liability resulting from acts of god;
- Data non-delivery, mis-delivery, corruption, destruction or other modification;
- Events beyond the control of the primary service provider or backend service provider;
- The processing of your application for the services; or
- Loss or liability resulting from the unauthorized use or misuse of your account.
- You further agree that neither the primary service provider nor backend service provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service provider or backend service provider have been advised of the possibility of such damages.
You agree to release, indemnify, and hold Local Propeller Inc. and our backend service providers, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to your use of the services or arising under this agreement, including without limitation, infringement by you or someone else using your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement.
When either the primary service provider and/or backend service provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the primary service provider and/or backend service provider may seek written assurances from you in which you promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Your failure to provide such assurances may be considered a breach of this agreement.
You agree that our backend service providers shall not be liable for the actions, inactions, negligence, or intentional misconduct of the primary service provider. You acknowledge and agree that neither the primary service provider nor the backend service provider are agents for one another.Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of;
- Any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement and
- Any defective products sold to customer from our servers.
Disclaimer of Warranties
Neither Local Propeller Inc. nor our backend service providers make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from either the primary service provider or backend service provider shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.