Hosting Canada Terms and Conditions

1. General

HostingCanada.net (“PROVIDER“), a division of Pohl Strategic Marketing Inc., strives to maintain the integrity and performance of its computer equipment. In a shared web hosting environment, several clients must share limited infrastructure resources. As such, it is important that the client (“CLIENT“) entering into this agreement not use the hosting account in a way that may negatively affect other clients. By using any of our services, you agree to comply with the following Terms and Conditions.

2. Usage Policy

We reserve the right to suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers:

  • No adult content (No Pornography)
  • No online gambling
  • No Spam, No unsolicited e-mailing
  • No Warez, cracks, copyright infringement

3. Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited.

4. Unauthorized use of other people’s accounts or computers

We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

5. Abuse of Unmetered Traffic and/or Unlimited Storage

If one of our hosting plans offers unmetered traffic and/or unlimited storage for the client web sites, the intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our service the following limitations apply to such hosting plans:

  • Sites with Banners, graphics or cgi scripts running from their domain used on other domain
  • Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
  • Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)

We will be the sole arbiter as to what constitutes a violation of this provision

6. Commercial advertisements with e-mail

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic.E-mail is a person-to-person medium, not a broadcast medium.

7. Background Running Programs

In addition to these CLIENT agrees not to run any kind of ‘server applications’. Every program/script that opens a port on the shared hosting server is considered a ‘server application’. These include but are not limited to IRC servers, IRC proxies, IRC bots.CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.

8. Security Maintenance Services

For clients receiving Security Maintenance Services, best practices will be followed to prevent security breaches to the CLIENT website. No guarantees are given that a website will not be hacked, due to user, software or hardware vulnerabilities.

Security measures include installing hacking, spam protection and monitoring software, user password upgrades to secure passwords and removing unnecessary or expired plugins. Ongoing maintenance will include quarterly plugin updates and yearly PHP, WordPress and theme updates.

Paid plugin renewals and theme customization updates are not included in the core Security Maintenance Services and will be charged at our hourly billable rate.

9. Payment Policies

All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. Credit card information is stored on file  and will be auto-billed on the due date of the account. Email notification will be sent to you prior to your hosting renewal date.

10. Cancellation

We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount including setup fees but excluding overages. Domain Registration fees are not refundable. If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged. For web hosting contracts of 3 months or less, the full contract amount less any domain registration fees and overages will be refunded if we are notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any domain registration fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on a twelve month contract we must receive the notice of cancellation prior to the first day of the sixth month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, etc. Due to security concerns, all account cancellations must be done in writing via mail with a valid signature of the primary contact of the account, account name, reason for cancellation. We also accept account cancellation submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation.

11. Lawful Purpose

We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.

12. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable in that Province and will be treated, in all respects, as a British Columbia contract.

13. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

14. LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. 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. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. INDEMNIFICATION

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, 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 BY YOU.

You agree that the Backend Service Provider 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. CLIENT agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.

16. DISCLAIMER OF WARRANTIES

NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER 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.

(from Web Hosting Canada)

1. General

Web Hosting Canada (hereinafter “WHC“) employs an Acceptable Use Policy (hereinafter “AUP“) to maintain the integrity and performance of its computer equipment. In a shared web hosting environment, several clients must share limited infrastructure resources. As such, it is important not to use your hosting account in a way that may negatively affect other WHC clients. Our AUP describes what is and is not allowed on our servers. By using any of our services, you agree to comply with our AUP. Failure to comply with the AUP may result in account suspension or termination without prior notice. WHC will remain the sole arbiter in what constitutes a breach of our AUP.

2. Illegal Activities

You may not use any of WHC’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to WHC if, for any reason, WHC takes corrective action with respect to your improper or illegal use of its services.

WHC reserves the right at all times to disclose any information as WHC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WHC’s sole discretion. For our complete privacy policy, please consult at https://whc.ca/legal/privacy-policy.

3. Spam Policy

WHC has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of 150.00$, plus taxes, can be charged for a first offence, and penalties double for repeat offenders.

4. Email Delivery

(a) Shared Web Hosting

Shared web hosting or reseller accounts are not designed to be used to send out large quantities of emails simultaneously. There is a limit of how many emails you can send per hour, per account. The number of emails per hour varies based on the plan you select, as described on the WHC website. Emails sent beyond the authorized limit will not be delivered. Mailing lists can have a maximum of 500 recipients. If you do send more than 25 emails at any given time, you must activate a “throttling” feature in your mailing application when sending, so that every delivery is delayed by a minimum of 10 seconds so as not to overcharge the server. You may not attempt to circumvent this limit by linking multiple hosting accounts together. If you would like to send larger quantities of legitimate commercial emails, please inquire with our sales team about our commercial Email Marketing service.

You may not send emails with attachments greater than 20 MB from Shared hosting accounts. If you need to share larger files, you are encouraged to upload your files on your hosting account and email a hyperlink (“URL”) to the file.

Each mail box must not exceed 2GB in total size. Clients are encouraged to download or archive their emails on a regular basis using software such as Microsoft Outlook, Apple Mail, or Thunderbird using the POP3 protocol, and deleting read emails from the server.

(b) Dedicated Servers and VPS

There is no fixed email delivery limit; however, a $150 administrative fee will be charged to your account if your public IP address gets listed in a public “blacklist” and we need to actively intervene in order to get it de-listed.

5. Backups

(a) Shared Web Hosting

Shared web hosting accounts may not use their disk space for backup storage, or storage of any files not directly linked from their web sites. You may store a maximum of 1 backup of your web hosting account on the server at any given time, and for a period not exceeding 24 hours. Please do not make backup copies of your backups.

If needed, backup copies can be generated by the Client during off-peak hours, from midnight to 5AM EST. It is strictly forbidden to generate backups of your account between 5AM and 11:59PM EST, as this can seriously degrade the system’s performance. This applies to backups generated from the cPanel, or any other type of automated backup such as those performed by third-party services and automated plugins.

WHC regularly backs up most Shared hosting accounts on its servers, as described on the WHC Web Site. Due to the resource-intensive nature of the backup process, WHC cannot guarantee the regular and consistent back up and/or restore of accounts that exceed 20 giga-bytes (“GB”) of total data or more than 200,000 files (including emails, databases, regular files, statistics, and configuration files). Accounts that store more than 20 GB of data or more than 200,000 files risk no longer being backed up automatically. Manual backups will still be possible in most situations. To re-activate automatic backups, the Client must bring the total amount of data stored on their account to less than 20 GB of data and less than 200,000 files and contact our support department. Files exceeding 1 GB will not be included in the regular backups.

(b) Dedicated Servers and VPS

Dedicated server clients are responsible for backing up their own data. Upon request, a managed backup service can be provided at additional cost.

6. Resource Usage

(a) Shared Web Hosting

In order to guarantee reliable service, Shared Hosting Accounts may not use more resources than what would be required by a regular web site in the course of its regular activities. Accounts may not use more than 5% of the total WHC system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. WHC will attempt to notify the client whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Clients consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed.

WHC server resources cannot be used for any other purpose than to serve data from your web sites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.

Please note that a shared hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.

(b) Dedicated Servers and VPS

Dedicated servers are permitted to use the full resources available on their machine.

7. Disk Space Usage

(a) Shared Web Hosting

While we don’t impose fixed disk space limits, in order to protect our clients from users consuming an excessive amount of resources, we have established the following rules concerning the use of disk space on Shared Hosting accounts:

  • You may not use your web hosting space to store files that are not directly related to your web site, and that are not linked to directly from at least one section of your web site.
  • You may not store more than 5,000 immediate files in any given folder (or directory), or more than the total files (inodes) allowed by your hosting account, as follows:
    • Starter web hosting: 100,000 inodes
    • Pro web hosting: 200,000 inodes
    • Enterprise web hosting: 300,000 inodes
  • You may not sell or offer free disk storage on our servers to third parties, outside of the context of our Reseller services.
  • You may not increase your actual disk space usage by more than 10 GB in a 24-hour period without prior written notice.

(b) Dedicated Servers

Clients are permitted to use the full hard drive space available on their machine.

(c) Cloud Servers

Cloud servers can not contain more than 1,000,000 inodes in order to ensure system stability and performance. If you require more than 1,000,000 inodes, please consider purchasing a Dedicated Server by contacting WHC.

8. Processes

(a) Shared Web Hosting

All processes invoked by the web server, cron, shell or other should not exceed the following limits:

  • Open more than 64 files simultaneously;
  • Create core dumps;
  • Be executed continuously as a background process;
  • Execute more than 5 threads or sub-processes simultaneously;
  • Execute more than 5 consecutive URL rewrite rules.
  • Be executed for a period longer than 60 consecutive seconds

(b) Dedicated Servers

Dedicated are not limited by the number of simultaneous processes they can run.

(c) Cloud Servers

May not use more than 30% of total system resources for longer than 60 continuous seconds to avoid serious service degradation.

9. Databases

(a) Shared Web Hosting

  • Database users are limited to 30 simultaneous connections.
  • Databases are limited to a maximum size of 1 GB and 1,000,000 records each.
  • The total number of database requests should not exceed 5,000 per hour.
  • Remote database access is only allowed for administrative purposes. It is forbidden to use databases hosted on WHC servers in conjunction with scripts hosted elsewhere.

(b) Dedicated Servers and VPS

There are no database limitations on Dedicated and VPS clients.

10. Allowed Software and Scripts

All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is your responsibility to update all the installed software with the latest security patches in a timely manner. On Shared Web Hosting servers, WHC provides automatic installation tools that can also handle automatic software updates shortly after updates are released by the vendors. However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account.

Popular web applications such as WordPress, Drupal, Joomla, phpBB, along with their plug-ins, modules, and add-ons, are particularly vulnerable to exploits due to their popularity, so additional vigilance must be used to ensure the software is safe and up-to-date.

Insecure scripts and software may be disabled by WHC at any time without prior notice to prevent issues with the server’s security.

11. Unlawful Conduct or Improper Use

You agree not to use WHC systems for any purpose that is unlawful or prohibited by this AUP, and you agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements.

WHC reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:

  1. Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
  2. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including Warez and any pirated content or tools;
  3. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal;
  4. Misrepresenting or fraudulently representing products/services;
  5. Impersonating the identity of a third party;
  6. Illegal access to other computers or network (i.e. hacking) and distribution of Internet viruses or similar destructive activities;
  7. Violating Canadian or American export control laws for software or technical information;
  8. Facilitating, aiding, or encouraging any of the above activities, whether using WHC’s network or service by itself or via a third party’s network or service;
  9. Interference with a third party’s use of WHC’s network or service, or ability to connect to the Internet or provide services to Internet users.

The following uses of our servers are strictly forbidden:

  1. Proxy servers;
  2. Auto-surf sites;
  3. IRC Servers.

12. Adult Content

Explicit or pornographic content is strictly forbidden from Shared Hosting Accounts. Legal adult content is permitted on Dedicated or VPS servers.

13. Shell Access

Shell access is disabled by default on Shared Hosting Accounts, but may be enabled by submitting a request via our helpdesk. The “find” Unix command may not be used on a directory having more than 5 levels of sub-directories.

Dedicated Servers are granted complete Shell Access.

14. Downloads

You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.

15. Chat Software

Due to the resource-intensive nature of these programs, you may not install and use real-time chat software on Shared Hosting Accounts, unless this software was provided by us.

16. Cron Jobs

Shared Hosting Accounts: Cron jobs must not be scheduled more often than once every 10 minutes. Two or more separate Cron jobs may not be executed at the same time; a minimum of 5 minutes should separate two scheduled executions. You may not schedule a total of more than 5 cron jobs on any hosting account.

There are no cron job limitations on Dedicated Server and VPS.

17. Violation

WHC will, at its own discretion, determine what action will be taken in case of a violation of the AUP. WHC reserves the right to suspend or terminate any account found to be violating the AUP without notice and without refund of any pre-paid fees. Violation of this AUP could also subject you to criminal or civil liability.

18. Rights reserve

WHC reserves the right to modify this AUP at any time without providing prior notice. You are responsible for all use of the WHC services by yourself, your employees, agents, contractors, invitees and customers, whether such use is with or without your consent.

19. Questions and Concerns

If you would like more information about WHC’s Acceptable Use Policy, please contact us via our helpdesk. We will deploy our best efforts to assist you.

20. How to Report Abuse

Please contact abuse@whc.ca or open a ticket in our helpdesk. Please ensure you include as much information as you can to assist our investigations. Complaints will be investigated within 24 hours of receipt and we may follow up to obtain additional information. Unless we require additional information, you will not receive a reply or update from us.

21. Language

A French version of this document is available at https://whc.ca/mentions-legales/pua.

22. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

23. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Montreal, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects.

GoDaddy – Hosting Agreement

Last Revised: 2021-11-09
  1. OverviewThe Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement this (“Service Agreement”) governs your use of GoDaddy’s Hosting services “Hosting Services”). Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement.
  2. DESCRIPTION OF SERVICES
    • Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS)
    • Business Hosting: Managed Hosting plans, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles and back-ups
    • Managed WordPress Hosting: Managed WordPress Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates and server-level caching
    • Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address
    • Dedicated Server: Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers
    • Managed Support: Managed Support plans are monthly subscription plans that provide you with root/administrative access to the service and Plesk or cPanel. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee
    • Fully Managed Support: Fully Managed Support plans are monthly subscription plans that provide you with the option to enable root/administrative access and we will handle core patching, security, monitoring, and backups. Additional Expert Services are included with the subscription
    • Hosting Premium Support/Expert Services: Hosting Premium Support/ Expert Services (“Expert Services”) are additional custom support services available for a set fee. These Expert Services can provide assistance if you need an experiences server administrator for complicated tasks, including: optimizing databases, configuring firewalls, or moving content
    • Hosting Backup: Hosting backup and restore services saves all your website files to the cloud once per day. These backup and restore services are available with website hosting plans and may be available for an additional fee with our other hosting service plans. For hosting backup services available as part of a Hosting subscription plan, those services will be canceled if the Hosting subscription plan is canceled.
  3. ACCOUNT TERMINATION; LIMITATIONS
    1. Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
    2. Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
    3. Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.
    4. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for GoDaddy hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that GoDaddy does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
    5. Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).
  4. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
    1. Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
    2. Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, GoDaddy, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that GoDaddy reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in GoDaddy’s discretion for security purposes.
    3. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

      Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

    4. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

      If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

      If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

  5. PROVISIONS SPECIFIC TO WEB, BUSINESS AND MANAGED WORDPRESS HOSTING
    1. Storage and Plan Limits. All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

      WordPress Hosting may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.

      Free Trial hosting credits are subject the following limitations: no more than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes; g) 1 GB diskspace; h) 10 GB monthly bandwidth. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added by upgrading to a paid plan.

      You acknowledge and agree that inbound UDP is not supported in shared hosting environments.

    2. Optimization for Managed WordPress Hosting. As part of the Service, and for continued improvement, you are opted into Real User Metrics (RUM) and Google Core Web Vitals (CWV). This allows us to identify internal bottlenecks and optimization opportunities by inserting a small snippet of JavaScript code into customer websites. The snippet of JavaScript code allows us to measure and track the performance of your website and collects information such as connection time and page load time. We don’t collect any user information with RUM. The data we collect allows us to improve our systems, optimize DNS resolution, improve network routing and server configurations.
    3. Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
    4. Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
    5. Website Accelerator Service. Our Website Accelerator service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that Website Accelerator may be discontinued or suspended at any time, and your participation is subject to eligibility, as detailed below.

      In order to be eligible for Website Accelerator, you acknowledge and agree that you meet and will keep in compliance with the following criteria: (1) your website must be hosted in Phoenix, AZ; (2) your domain name and hosting must be in the same account; (3) you must have DNS with us; (4) you must not use DNSSEC; (5) you may not have or add SSL certificates; if you add an SSL with CDN activated, the SSL certificate will not function; (6) you must have an Ultimate web hosting plan; and (7) you may not change operating systems.

    6. WHMCS License. In the event you add WHMCS license to your Business Hosting plan, you agree to be bound by both the WHMCS Terms of Service and End User License Agreement, which are both hereby incorporated by reference.

      Your hosting plan may provide you with access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.

  6. PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING
    1. Server Access. If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.
    2. IP Addresses. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.
    3. FTP Back-Up. We offer an FTP Backup option for an extra fee. You acknowledge and agree that purchasing FTP Backup may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk space and bandwidth usage according to the plan you purchase. Subject to the terms and conditions of this Service Agreement, we shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Service Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. FTP Back-up may not be available on all hosting plans.
    4. Configuration Add-Ons. We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software, third party hardware and internally developed customer software will be supported by us. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.
      • Plesk. In the event you add Plesk to your server, you agree to be bound by the Plesk EULA, which is hereby incorporated by reference.
      • cPanel. In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.
      • cPanel Fair Usage Policy: This policy is a guide to understand the intended uses of our Services, and to prevent exploitation and abuse of the unlimited features offered in our plans. VPS and dedicated hosting with cPanel offers unlimited number of accounts. Although we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. We evaluate your usage in comparison to typical levels of usage engaged in by other users. In the event that you exceed this threshold, GoDaddy may in its sole and absolute discretion, assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, GoDaddy will provide a notice of your usage in excess of the normal use.
  7. PROVISIONS SPECIFIC TO MANAGED SSLIf you purchased Managed SSL and are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non-GoDaddy server, request a re-key of the SSL certificate – your current SSL certificate will become invalid and we will issue a new certificate for use on your non-GoDaddy server.

    We will automatically validate, issue and install the new certificate every two years for subscribing customers using our hosting products. Customers using 3rd party hosting products will be required to reinstall the new certificate after we automatically validate and issues a new certificate. We will alert customers when to take action via the product dashboard and email.

    You are permitted to assign a representative the authority to (1) sign and submit, or approve a certificate request on your behalf, (2) sign and submit a Subscriber Agreement on your behalf and/or (iii) to acknowledge the Terms of Use on your behalf, provided you acknowledge and agree that you are and will remain subject to and bound by all terms and conditions of this Agreement.

  8. PROVISIONS SPECIFIC TO SUPPORT PLANS
    1. WordPress (“WP”) Premium Support. If you elect to use our WP Premium Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. All services, both subscription and one time, will be listed as a “Best Effort Service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of WP Premium Support Services. We may install a plugin on your hosted WordPress site for the purpose of facilitating your WP Premium Support Services. Its purpose is to facilitate the requested change and maintenance of your WordPress files. The plugin allows us to access, automate updates to core files, other plugins, themes, and other files related to the maintenance of your site. You acknowledge and agree that you shall not use WP Premium Support Services in a manner that, as determined by us in our sole and absolute discretion:
      • displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
      • uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

      Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services.

    2. Managed and Fully Managed Hosting Support Plans. If you purchase a Managed or Fully Managed Hosting Support Plan (“Managed Hosting Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.

      We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working.

      We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization). The backups offered with these support plans are snapshots taken on a 10-day cycle. Restores are available upon request and may require an additional fee.

    3. Hosting Premium Support/Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.
    4. Hosting Migrations. If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

      You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

      You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.

      We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.

  9. SERVICE UPTIME GUARANTEEWe offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
  10. THIRD PARTY SOFTWARE
    1. Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
    2. Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.

      GoDaddy may provide your personal information to third-party providers as required to provide the third-party Software. GoDaddy reserves the right to modify, change, or discontinue provision of the Software at any time.

      GoDaddy makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.

      You will indemnify, defend, and hold harmless GoDaddy from and against any and all claims imposed upon or incurred by GoDaddy directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.

      The Hosting Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.

      We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

    3. Additional Terms and Conditions Applicable to images and Software. The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.

      You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not GoDaddy.

      Your use of the following Software is subject to the applicable linked terms, which are incorporate by reference:

      • Acronis Hosting Backup. Your use of Acronis Hosting backup is subject to the the software license agreement located here.

      Regarding this Section 9.3, “Personal Data” means any information relating to an identified or identifiable natural person or, to the extent applicable under Applicable Laws, a household; an identifiable person is one who can be defined, directly or indirectly, notably but not limited to by reference to a user identification or unique identifier, such as name, identification number, precise geo-location data, online user identification, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural, or social identity. “Personal Data” does not include aggregated, anonymous, or de-identified data, such as Usage Data. “Usage Data” as used herein means any and all information reflecting the access or use of the Hosting Services by or on your behalf, including, but not limited to visit-, session-, steam-data and statistical or other analysis, information or data based on or derived from any of the foregoing. You acknowledge and agree that you have no rights to Usage Data. , as such terms are defined by Applicable Laws.

      Any use of any Hosting Services involving GoDaddy’s Dedicated Servers running on the DED4 Platform that involves You storing specially protected data is subject to the following additional terms:

      • You will not submit through the Hosting Services any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) (“PHI”);
      • You will not submit through the Hosting Services any encrypted PHI unless the Parties have entered into a mutually acceptable Business Associate Agreement (“BAA”) in accordance with HIPAA;
      • You will not submit through the Hosting Services any unencrypted Personal Data subject to regulatory protection under Applicable Laws of the United States federal, state, or local governmental authorities; and
      • You will not submit through the Hosting Services any encrypted Personal Data without providing prior notice and obtaining prior consent from the data subject, as required by Applicable Law.