Terms of Service

Terms of Service

Our Terms and Conditions have been written in order to protect our clients and ourselves to ensure we can deliver stable, reliable and high quality products and network. Following our policies will assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.

This Web Hosting Agreement (this “Agreement”) sets forth the terms and conditions of your use of KristaMacRae.com WebDesign & Hosting for web hosting services. You (“Customer” and/or “Reseller”) certify that you are at least 18 years of age. To become a KristaMacRae.com account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the terms and fee schedules on the Online Order forms and any policies that may be published by KristaMacRae.com, including, but not limited to, Terms of Service, Acceptable Use Policy, Copyright Infringement Policy, Privacy Policy, and Reseller Policy.Service Agreement

By clicking on the “Place Order” button and/or using the services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the KristaMacRae.com site. As referred to in this Agreement, “Site” refers to a World Wide Web site andKristaMacRae.com Site” refers to the Site located at the URL https://kristamacrae.ca, or any other successor sites owned or maintained by KristaMacRae.com.

This agreement defines the terms and conditions ofKristaMacRae.com's services as offered byKristaMacRae.com and used by you, including the provision of web hosting services onKristaMacRae.com's servers and connectivity to the Internet (the “Services”).KristaMacRae.com will provide the Services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.

KristaMacRae.com reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary.KristaMacRae.com will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not KristaMacRae.com's  intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the “CDA”) or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge thatKristaMacRae.com is a “service provider” under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, KristaMacRae.com will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, KristaMacRae.com has a policy of terminating account holders who are copyright infringer’s. For more information, please visit the Copyright Infringement section of this Agreement.

The content of web sites located onKristaMacRae.com's servers and/or the links to other web sites are not screened, approved, reviewed or endorsed by KristaMacRae.com.KristaMacRae.com is acting solely as an Internet web-hosting service provider. The text and other material on such web sites are the opinion of the specific author and are not KristaMacRae.com's statements of advice, opinion or information.

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the country of Canada (without regard to conflicts of laws principles).

Terms of Service

By submitting the order, Customer hereby agrees to be bound by the service term and billing period selected on the online order form or via applicable promotional codes. This Agreement begins on the date you register for the Services and shall continue in effect for each billing period unless otherwise specified by separate agreement. Termination must be in accordance with the provisions of this Agreement.

Definitions:

  • term = minimum term commitment, e.g. monthly, annually, etc.
  • billing period = length of time you paid for your subscription, e.g. one month, three month, six month, one year, two years.
  • cycle date = cycle date being the day of the month you sign up.
  • current cycle = between last cycle date and the next cycle date.

Payment Policies and Fees

Full payment is required before any hosting service is rendered, which includes renewals. Over usage fees are calculated and invoiced at the beginning of each cycle for the previous cycles usage.

If paying by credit card, your card will automatically be charged for renewing your subscriptions each billing period. If you do not want your card automatically charged each term, you can change the settings in your control panel dashboard by clicking on the “My Account” Tab.

All payment-due notices will be sent by electronic mail. Prepayment is due each billing period (one month, three month, six month, one year, two years) following the date the account was established. (Billing period for your subscription can be changed within your control panel Dashboard). Billing will continue until you cancel your hosting account.

The Customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies KristaMacRae.com of cancellation. All monetary transactions are in $CAD dollars.KristaMacRae.com reserves the right to change prices at any time. For international customers, if payment will be in CAD.

Late Fees

If your account has an overdue balance 10 days after the due date, our automated billing system will suspend your service until you pay the overdue balance. Access to your client area dashboard will continue to be available for you to make payments until your account is closed. Please note that it is your responsibility to keep your account current. You can check your account through your client area  dashboard by clicking on the Account/Billing tab.

If your account has an overdue balance 20 days after the due date, the account will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with a minimum of a $5.00 fee.

Refunds

Direct Shared Web hosting accounts with KristaMacRae.com feature a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by submitting a ticket through our Online Support Desk, we will refund your subscription fees, exclusive of any set up fee, domain name registration fees, and/or over usage fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. KristaMacRae.com will only allow for the refund if cancellation is not the fault of the client, as determined by KristaMacRae.com. Accounts closed for violating KristaMacRae.com policies do not qualify for a refund.

Due to the considerable hardware investment cost, Dedicated Server subscriptions and setup fees are non-refundable and do not qualify for the 30 day money back guarantee.

Domain registration fees are non refundable. If the billing package being canceled included a free domain name, the amount of the refund will be decreased by the normal cost of the domain registration ($15.00/year). The domain name continues to be owned by the customer.

 

Return Item Fees

Accounts with returned checks and/or e-checks will be assessed a $25.00 returned item fee. New payment must be made by credit card immediately or account will be in delinquent status.

Credit Card charge backs by the customer will be assessed a $50.00 returned item fee.

Taxes:

Customer will be responsible for payment in full of any taxes and similar fees imposed on the transaction and/or the delivery of services.KristaMacRae.com shall have the right at any time, to invoice customer any new or increased taxes, fees, assessments, or other charges imposed or required by any governmental agency. Customer will indemnify and hold harmlessKristaMacRae.com from any and all taxes associated with or arising from customer’s use of the services. These include any penalties and interest as well as any costs associated with the collection or withholding thereof.

Reinstatement / non-payment fees

KristaMacRae.com will retain Client’s data files for (10) days after canceling services for non-payment. Customer shall be able to reinstate use of the Services within (10) days upon approval and full payment of balances due. A re-instatement fee of $25.00 will apply to Shared  Customers will be activated within 24 hours.

Indemnification Policy

You agree to use all KristaMacRae.com services and facilities at your own risk.KristaMacRae.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall KristaMacRae.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD KristaMacRae.com HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY KristaMacRae.com. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD KristaMacRae.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST KristaMacRae.com, ITS AGENTS, ITS 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, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS KristaMacRae.com AGAINST LIABILITIES ARISING OUT OF:

  • any injury to person or property caused by any products sold or otherwise distributed in connection with KristaMacRae.com’s server;
  • any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • copyright infringement
  • any defective products sold to customer from KristaMacRae.com’s server.

KristaMacRae.com shall be the sole judge of what violates this Policy.

Termination and Account Cancellation

To cancel your subscription(s), services and/or account, please submit a ticket through our Online Support Desk 5 days prior to your subscription billing period cycle date.

Over usage fees will be calculated and invoiced at the time of cancellation.

IMPORTANT NOTE: Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your next cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Customers responsibility to secure e-mail confirmation from KristaMacRae.com that account has been canceled. If the client has not yet received e-mail confirmation of account cancellation, then the account remains active, and you may continue to be invoiced.

If Customer has a balance due at the time of cancellation, including any over usage fees accrued, this balance must be paid in full. Cancellation does not absolve Customer of any outstanding financial obligations. All KristaMacRae.com accounts must be paid in full before the cancellation will be considered complete.

Transferring your domain to another provider or non-use of your hosting account does not constitute canceling your account. You must notify KristaMacRae.com to formally cancel your account to avoid further charges.

Account Ownership:

KristaMacRae.com is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password.

lf you give this information to any other party or give access to your e-mail address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Copyright Infringement Policy

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that KristaMacRae.com is a “service provider” under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, KristaMacRae.com will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, KristaMacRae.com has a policy of terminating account holders who are copyright infringer’s.

Reporting Alleged Copyright Infringement

If you believe your copyrighted work is being infringed on a KristaMacRae.com server, please notify us as follows:

KristaMacRae.com

E-Mail: support@kristamacrae.com

In notifying us of the alleged copyright infringement, please be sure to include the following information:

  • a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
  • a description of the infringing material and information sufficient to permit KristaMacRae.com to locate the material;
  • contact information for you, including your address, telephone number and/or email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
  • a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed;
  • a physical or electronic signature of the copyright owner or a person authorized to act on its behalf

Failure to include all of the above-listed information may result in a delay of the processing of your complaint.

For more information on copyright infringement and the DMCA:

https://www.copyright.gov/onlinesp/

Acceptable Use Policy

Shared Web Hosting Server Email Policy:

Mail Lists: We have a strict policy regarding UCE/Spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Web Hosting Servers to no more than 1000 e-mails per day and 30 emails in 10 seconds per e-mail account.

SPAM / UCE (Unsolicited Commercial E-mail)

KristaMacRae.com is committed to a zero-tolerance, anti-Spamming policy on our network. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over theKristaMacRae.com network, by customers or any other users of the KristaMacRae.com network (including resellers’ and customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the KristaMacRae.com server. This also includes:

  • Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups;
  • Posting obscene or threatening messages while using or referring to a KristaMacRae.com email address or web site URL;
  • The use of KristaMacRae.com servers as a mail drop for responses to activities described above;
  • Bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to KristaMacRae.com or any URL (domain) that is hosted by KristaMacRae.com;
  • Unsolicited postings to newsgroups advertising any IP or URL hosted by KristaMacRae.com.The use of web pages set up on ISPs that allow spamming (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by KristaMacRae.com;
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam;
  • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Accounts canceled due to spam will be billed a “clean up” fee of $500.

If you have any complaints or comments regarding Spam on our network, please use our contact form to submit your complaint to our abuse department.

Account terminations due to spamming are not entitled to any refunds.

Content

All services provided by KristaMacRae.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless KristaMacRae.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited on all KristaMacRae.com servers are sites that promote any illegal activity or present content that may be damaging to KristaMacRae.com servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning

KristaMacRae.com will be the sole arbiter as to what constitutes a violation of this provision.

Pornography and Adult Content is prohibited on all KristaMacRae.com Shared Web Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. KristaMacRae.com will be the sole arbiter in determining violations of this provision and includes but is not limited to the following:

  • Any site whose revenue is gained in part or whole from its adult content;
  • Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes;
  • Hyperlinks to adult sites, including but not limited to sites who violate these policies;
  • Sites that have discussion boards and share information that is ’adult’ in nature;
  • Sites that sell or promote ’adult’ material, including but not limited to adult toys.

CGI Scripts Policy

Unfortunately, many good things are turned on us to be used for nefarious activities. Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.

Consequently, in order to keep KristaMacRae.com network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.

Whenever possible, we will notify our customers in advance.

Please contact our technical support team if you have questions regarding for 3rd party scripts.

Excessive Resource Usage Policy:

System resource abuse is defined as any site whose traffic, programs and/or processes are using excessive amounts of system resources, such as cpu usage and memory, for example. Excessive amounts is defined as any amount that results in substantial degradation of server performance. KristaMacRae.com is the sole determinant of what constitutes degraded server performance.

Examples of banned software, processes and programs include, but are not limited to:

  • Flat file database/text driven Forums/Bulletin Boards: high resource usage, we recommend you use mysql data base driven forums;
  • IRC bots and clients: resource intensive;
  • Proxy servers: often used to hide identity;
  • Hivemail: high resource/abuse risk;
  • Older versions of formmail: check with our technicians for recommendations. Formmail tends to be easily exploited.
  • Background Running Processes: Background Daemons in general are prohibited on KristaMacRae.com Shared Web Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation;
  • Persistent MySQL Connections: Due to the fact that persistent MySQL connections have the ability to use considerable server resources, this configuration is not allowed on our shared servers. It is understood that in some situations, persistent connections may actually reduce resource usage on a server. However, we have found that connections are commonly not released properly and are, therefore, more detrimental to a shared hosting environment than they are helpful.
  • Mail Lists: We have a strict policy regarding UCE/Spam on our network, but we do allow use of mailing lists within the constraints of our UCE/Spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Web Hosting Servers to no more than 1000 e-mails per day, 300 emails per hour and 30 emails in 10 seconds. Our hourly email limit is a hard limit, meaning that any email from your domain over this limit will be bounced. We recommend using list software that allows you to control the number of emails per number of seconds to reduce chance of outgoing email bouncing.
  • Offsite search engines: Resource intensive.

We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job.

 

Traffic Policy:

KristaMacRae.com allows for very generous traffic, and most sites never exceed 4 GB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. KristaMacRae.com customers are discouraged from storing any files that cause excessive traffic on KristaMacRae.com shared web hosting servers. Please contact KristaMacRae.com Technical Support team for more information. Again, most of the sites do not fall into this category and never reach our traffic limits. For customers with this type of traffic, you may want to consider a Dedicated Server plan which provides more resources and less expensive over bandwidth fees.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to KristaMacRae.com or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We will not host Web sites which contain adult material on our shared web hosting servers.

In the event you exceed the transfer limit allowed on your hosting plan, you will be charged over usage fees. We do not cap your data transfer at your hosting account limit. You can monitor your monthly transfer through your control panel Dashboard.

Disk Space

KristaMacRae.com allows generous disk quota’s for storing your files, graphics, pictures, etc. We do have some limits on our disk space that impact server performance:

Backups

For our Shared Web Hosting Servers and backups are made regularly off server. A daily, weekly and monthly archive is kept for server restoration purposes. We do offer recovery service of files and directories for a per incident fee. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the clients’ responsibility to maintain local copies of their Web content and information. There are backup tools provided in the customers control panels to assist them with backing up their data.

On our Unmanaged Dedicated Servers, we do not backup the data by default. There are fee based Backup options available and there are tools available in your control panel for backing up your data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.

 

KristaMacRae.com