Registered Hosting & Web Services Inc., a corporation legally registered in the Province of Alberta, Canada shall be referred to as "RHWSI".
RHWSI offers services hosting individual websites in shared environments, as well as server virtualization solutions, web site design and development and web site applications which shall be collectively referred to as "Services".
A person or business who purchases Services from RHWSI, shall hereinafter be referred to as "The Client".
Term of Agreement & Cancellation
This agreement shall begin at the time The Client purchases services from RHWSI and remains in effect for the period which was paid for.
This agreement will automatically renew for a term the same as that purchased, unless
The Client cancels Services with 30 days notice.
If The Client prematurely cancels services that were pre-paid, refunds will be issued in accordance with our refund policy.
Continuity of Service
RHWSI provides redundancy in many areas in a best-effort to prevent foreseeable downtimes. This includes redundant servers, storage, power, and internet connection.
In shared hosting environments, a daily backup is kept. This backup is maintained daily for 7 days, then weekly up to day 28. RHWSI in no way guarantees retrieval of any particular file will be possible. Recovery from backup will incur additional fees.
For virtualization services, backups are the responsibility of The Client
Any IP Addresses allocated to the Customer by RHWSI must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by RHWSI to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by RHWSI after five days notice by email or phone to the Customer. RHWSI shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by RHWSI, and RHWSI reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. All ip requests must be fully justified.
RHWSI will use The Client's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Client authorizes RHWSI to use it's name, business name and comments in marketing documents. At any time, The Client can send a written notice to withdraw this authorization
If The Client is in default of any of its obligations under this Agreement, then RHWSI may in its sole discretion do any or all of the following:
without notice suspend access to Hosted account or VPS,
if The Client's default is non-payment of any sums due to RHWSI, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, RHWSI may seize any equipment or software and sell the equipment or software to third parties in satisfaction of any Customer indebtedness owing to RHWSI as well as any costs (including reasonable legal fees) incurred by RHWSI in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon written request a copy can be sent by mail, there may be a fee associated with mailed paper invoices. First Month's Payment shown in the invoice must be paid by The Client to RHWSI before commencement of the Term. All other invoices must be paid by The Client within 15 days from the date of RHWSI's invoices, which invoices will be issued 15 days before the end of the last paid period.
The foregoing does not apply to hourly-billed Services. Advanced payment may be required for Services, however The Client must provide valid credit card information or full payment prior to activation of the service. In the event that the credit card is no longer valid, The Client must provide valid credit card information within 15 days of email notification sent by RHWSI. Failing this, RHWSI shall be entitled to suspend Services pending receipt of valid credit card information.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by RHWSI Technologies Inc. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in our refund policy.
Upon 30 days or greater written notice prior to the end of the initial commitment, RHWSI may change any fees payable under this Agreement.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on March 1, this account may be modified on the 1st of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
RHWSI may amend this agreement, and pricing, from time to time. Posting of amendments to the registeredhosting.ca website shall be deemed sufficient notification of amendments.
Right to Terminate
RHWSI reserves the right to immediately terminate Services and remove material belonging to The Client in the event of a breach of this agreement by The Client.
RHWSI reserves the right to terminate this agreement with thirty days written notice via email to The Client.
Limitation of Liability
The Client acknowledges that RHWSI permits other customers to install their software and equipment in the premises. RHWSI will have no liability for any damages, costs, or losses incurred by The Client (or its customers) caused by such other licensees' acts, equipment, softwares, activities or failures to act. The limit of RHWSI's liability in contract, tort (including negligence) or by statute or otherwise to The Client (or its customers) concerning performance or non-performance in any manner related to this agreement, for any and all claims will not, in the aggregate, exceed the total fees paid by The Client to RHWSI under this agreement in the immediately preceding 3 months from the date the claim arose. In no event will RHWSI be liable for any lost profits, special, indirect, consequential, incidental or punitive damages.
The Client agrees to defend, indemnify and hold harmless RHWSI, and its officers, directors and employees (collectively, the "Indemnities"), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from
any act or omission of any such The Client that would be a breach of this Agreement if committed by The Client, and
any claim by any such customer arising from use of the Premises, services provided by RHWSI under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
The Client is solely responsible for ensuring Services are not used in a manner which is unlawful.
The Client agrees to protect, indemnify and hold blameless RHWSI and it's Officers and Employees in any legal matters that may arise due to The Client's use of the Services, including, but not limited to, covering any legal costs incurred.
Jurisdiction & Enforcement
This agreement is governed by the law in the Province of Alberta, Canada
If a court of law finds any part of this agreement unenforceable, that part of the agreement shall be removed, and the remainder of the agreement interpreted as though that section did not exist.