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Terms of Service
  1. Overview

    web Hosting Metro (hostingmetro.com, www.hostingmetro.com), is operated by "Hosting Metro"

    This service contract (hereinafter the "CONTRACT") is between Hosting Metro. (hereinafter Hosting Metro) and the applicant, You: (hereinafter CLIENT) who wishes Internet web Hosting and/or Co-location services with Hosting Metro.

    The Virtual web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.

  2. Relationship Between Hosting Metro and Client

    a) Hosting Metro will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.

    b) CLIENT's rights and privileges can not be sold or transferred without the written consent and approval from Hosting Metro thirty (30) days in advance.

    c) This contract represents the complete understanding between CLIENT and Hosting Metro. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.

    d) CLIENT agrees not to harm Hosting Metro, it's reputation, computer systems, programming and/or other CLIENTS using Hosting Metro's services.

  3. Interruptions in Service

    Hosting Metro is not liable for any errors or interruption in service, whether within or outside of Hosting Metro 's reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Hosting Metro free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Hosting Metro or by third-party providers, or because of power interruptions or other causes.

  4. Password Protection

    CLIENT is responsible for protecting CLIENT'S password and for any authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use Hosting Metro's service to guess passwords or to access other systems or networks without authorization. Hosting Metro will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.

  5. IP Addresses

    CLIENT must return to Hosting Metro all IP addresses issued by Hosting Metro to CLIENT if CLIENT discontinues service with Hosting Metro or if Hosting Metro discontinues service.

  6. Internet Etiquette

    CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which Hosting Metro may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Hosting Metro by offended users. Hosting Metro reserves the right to refuse or terminate service at any time. CLIENT will indemnify Hosting Metro and hold Hosting Metro harmless from any damage to Hosting Metro's business, service, equipment, network(s) operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

  7. Unsolicited Commercial Email

    The Hosting Metro network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of Hosting Metro may not use, or permit others to use, the Hosting Metro network(s) to send UCE. Hosting Metro will not host, or permit hosting of sites or information that is advertised by UCE from other networks. Hosting Metro will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on Hosting Metro's network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. Hosting Metro reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as "fair warning" as to Hosting Metro's strict "NO SPAM" policy. Hosting Metro reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of "NO SPAM" policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient's e-mail address. Hosting Metro will also fine the individual $500.00 per SPAM incident.

  8. Warranty and Assumption of Risk

    CLIENT uses Hosting Metro services at CLIENT's own risk. Hosting Metro makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Hosting Metro shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Hosting Metro has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

  9. Term of Contract, Termination, and Renewal

    a) All contracts are on a month to month basis. CLIENT shall pay Hosting Metro monthly recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of monthly recurring fees is due by the time stated on Hosting Metro's invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. Hosting Metro may change prices upon 60 days prior written notice either bye-mail or postal correspondence.

    b) Hosting Metro has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party. CLIENTS who provide the above-mentioned illegal content are in breach of the contract. Hosting Metro may terminate service without notice and without any refunds of CLIENT's unused pre-paid portion of funds.

    c) All cancellations by CLIENT of service or changes in service must be in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Hosting Metro with all account information.

    d) If CLIENT breaches any part of this contract and Hosting Metro has to engage the services of an attorney, the CLIENT will pay any and all of Hosting Metro's reasonable attorney fees and court costs.

    e) If CLIENT’s credit cards are declined for any reason, CLIENT shall pay web Host Metro $2.00 declination fee. CLIENT shall pay a $100 reconnect charge to web Host Metro if CLIENT’s account service is interrupted for nonpayment.

  10. Limitation of Liability

    In no event shall Hosting Metro or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Hosting Metro has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Hosting Metro from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.

  11. Resource Usage

    The following restrictions on shared hosting plans:

    • Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
    • Running unattended standalone server side daemons such as IRCD
    • Running any scripts (web spider) which indexes websites
    • Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
    • Running any file-sharing/peer-to-peer activities
    • Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc
    • Running any cronjobs less than 15 minute intervals
    • Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension

  12. Backups and Data Loss

    The backup service is provided as a courtesy to our shared and reseller customers. HM will not be responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by HM. Any shared account using more than 10 gigs of disk space will be removed from daily and weekly backups. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. Please contact sales@hostingmetro.com for optional backup services. It is your responsibility to maintain backups.

    I have read and understand all said terms and conditions of this contract.

    I agree to fully abide by all conditions, rules, regulations described above.

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