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Terms of Service

Hostria provides web hosting services and thus has certain legal and ethical responsibilities. By clicking the "Continue to Secure Payment" button on the order page, you agree to its terms and conditions ("the Agreement"). "Company", "we" and "our" mean Hostria and "You" and "Client" mean you, the client.

Payment.

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Payments are due and will be automatically deducted from your credit card on the monthly anniversary date of the day you opened your account.

Hostria offers a full 30-day money back guarantee, no questions asked. The customer will be refunded all hosting charges made to their credit card less any setup fees, which are non-refundable. After the first 30 days, all payments are non-refundable. Violations of the AUP and/or TOS automatically void the 30-day money back guarantee.

Failure to Pay.

Hostria reserves the right to temporary denies service or terminates this Agreement upon the failure to pay of the Client.

Account cancellation.

All cancellation requests must be sent to billing@hostria.com and must be made with at least 5 days notices but no more than 10 days. You must have all account information to cancel.

Bandwidth.

Hostria reserves the right to charge $1.50 per additional 1000 MB of data transfer when client goes over his monthly-allocated data transfer limit. We will contact you before charging you.

Abusive Behavior.

Hostria is a professional web hosting company and we believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Hostria employees, officers, agents, and directors. By violating this policy, we reserve the right to permanently suspend or terminate Client's account without prior notice and without any refund. Hostria reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice.

Support Boundaries.

Hostria does provide email support to all its direct Resellers. However, we do not provide support to your clients or your resellers. Hostria does not provide programming help, HTML code and custom programming.

Illegal Activities.

If you are found to be promoting any illegal activities, including but not limited to Warez, FXP, Hacking Tools, Cracks, MP3 that you do not own the rights or if you are linking to such materials and/or storing such materials on Hostria's servers, your account will be terminated without further notice and monies paid to the Company will be forfeit.

No SPAM.

Client agrees not to SPAM using Hostria's servers and/or network, explained in the AUP. Violations of this policy carry severe penalties, including termination of account.

Hostria reserves the right to terminates the Client's account without further notice due to violation(s) of this policy.

Hostria reserves the right to take legal actions against the violator due to violation(s) of this policy.

Resellers are responsible of actions of their clients.

Adult Content.

Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. We disallow adult content due to the high resource such sites can use. If you are not sure whether your site is considered to have adult content or not, please contact us

Refusal of Service.

Hostria reserves the right to refuse or discontinue service to anyone at Hostria' sole discretion. Hostria may deny Client access to all or part of the service without notice if Client engages in any conduct or activities that Hostria in its sole discretion believes violates any of the terms and conditions in this agreement. Hostria shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Hostria has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.

Liability and Indemnification.

The parties agree that in no event shall Hostria be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement.

Client agrees that it will defend, indemnify, and hold harmless Hostria from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Hostria, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

Hostria assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Term.

The term of this Agreement will continue until a notice of cancellation by Hostria or Client is given, or until terminated under other provisions of this Agreement. Hostria reserves the right to terminate this Agreement without cause upon notification to the Client. Hostria may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Hostria to implement this Agreement is disrupted or terminated for any reason.

Disclaimer of warranty.

Hostria will not be held responsible for any damages you or your business may suffer. Hostria makes no warranties of any kind, expressed or implied, for services rendered. Hostria disclaims any warranty or merchantability or fitness for a particular purpose. Hostria assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Hostria will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Hostria.

Default.

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Hostria will be entitled to damages, costs, and attorney's fees from the Client.

Guarantee.

Client is responsible for the backup of it's website(s) and files. We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot predict server downtime.

Agreement.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement, including the Exhibits, attachments and/or addenda, if any, represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Hostria. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the Province of Quebec, Canada, except with regard to its conflict of law rules. This Agreement and Hostria policies are subject to change by Hostria without notice.