Terms of Service (TOS)

Last Updated: July 2009

Terms and Conditions of use of internet hosting services for Red Line Services¹.

With the goal of providing our customers a high quality and equitable internet hosting service, we have established certain user policies.

By submitting a subscription request and by subscribing to internet hosting services with Red Line Services, you accept to conform without restriction to the following procedures and policies:

1. If the customer is a company, the contact person certifies that he or she is an authorized representative of the company in question.
   
2. The customer agrees to use our internet hosting services for legal purposes in accordance with the applicable laws of Canada and of the country of origin of the customer (according to the most severe laws between the two countries).
   
3. The customer or authorized representative (if the customer is a company) certifies that he or she is 18 years of age or older.
   
4. No material or content considered illegal, such as adult, pornographic, pedophilic, racist (group or individual), terrorist, piratical, or any other material or content will be tolerated on the servers of Red Line Services. The customer risks pursuit in court of law by Red Line Services and/or by authorities if he or she is hosting content deemed illegal on Red Line Services servers.
   
5. The customer agrees to not publish any material or content that violates the laws of copyright, deposited marks, patents or any other right of Canadian and international intellectual ownership. The customer must be able to prove that he or she holds rights to material and contents published on his or her site.
   
6. Non-solicited mail (spam) sent by intermediary of our system is strictly prohibited. Any customer account sending non-solicited mail will be shut down in the 24 hours following knowledge of the act. Depending on the severity of the wrongs of the illegal act, the customer may be pursued in court of law.
   
7. In the event of Red Line Services being calling into question in connection with any illegal act carried out by the customer, the customer agrees to show and affirm that he or she is the only person responsible for the acts.
   
8. The customer agrees to stay within the bandwidth limits outlined in his or her contract. If the customer surpasses limits, Red Line Services will invoice the customer according to rates outlined in the hosting agreement (as indicated on the Red Line Services website at www.rlservices.ca).
   
9. Payment is due on receipt of invoice. A fee of 2% per month (24% per year) is applicable to late payments. If there is no payment within 15 days following the date of invoice, FTP server access will be interrupted until payment is received. Penalty fees as stated on the invoice will apply. If there is no payment within 45 days following the date of invoice, service will be completely interrupted without notice. If a payment is returned by the bank due to lack of funds, Red Line Services will charge the customer a fee of $35. In the case of default on payment, Red Line Services will delete all files on the server without notice and close the customer account to allow another customer the use of the disk space. If the customer wishes to reactivate his or her account, a 40$ fee will apply, over and above all payments incurred in the past and due by the customer.
   
10. When the customer chooses monthly invoicing, there is no fixed-term contract. The contract continues until Red Line Services receives written request that services be cancelled. If the customer signs a contract of 3, 6, or 12 months, the customer cannot cancel his or her contract nor obtain a refund after the first 30 days. Requests for cancellation may be sent to the address below:
    
    Red Line Services
    116 F.-Béland
    Gatineau, Quebec
    Canada, J8R 1G3
    
    
11. Long-term contracts have the advantage of ensuring the customer receives no rate increase for the duration of the contract while remaining on the same plan. In addition, contracts provide customers with a substantial rebate, depending on the length of contract term chosen. If the customer accepts a free domain name, the customer is automatically selecting a twelve-month contract. At the end of the contract term, renewal is automatic for the same period. The customer, however, will have 30 days from date of receipt of invoice to cancel the renewed contract. To cancel renewal of a contract, the customer must send written notice to the address below:
    
    Red Line Services
    116 F.-Béland
    Gatineau, Quebec
    Canada, J8R 1G3
    
    
12. Hosting contract fees are payable in advance for the duration of the term selected by the customer.
    
13. The customer agrees to maintain his or her email address active for the duration of the hosting plan contract with Red Line Services. If the customer changes email address, he or she must advise Red Line Services via the available form by clicking here as soon as possible.
    
14. The customer agrees to advise of all changes of address in writing and as soon as possible by forwarding notice to the address below:
    
    Red Line Services
    116 F.-Béland
    Gatineau, Quebec
    Canada, J8R 1G3
    
    
15. Red Line Services invoices in Canadian dollars. The customer is responsible of making timely payment as outlined in these terms of service and conditions and as indicated on the invoice.
    
16. Even if the hosting account is not used, the customer agrees to pay the monthly applicable rate.
    
17. The customer has 30 days from the opening of a hosting account to cancel his or her hosting plan and obtain a full refund. Cancellation requests must be made in writing and forwarded to the following address:
    
    Red Line Services
    116 F.-Béland
    Gatineau, Quebec
    Canada, J8R 1G3
    
    
18. Hosting plans provided by Red Line Services allow the use of CGI, ASP, PHP, and other scripts. Since these scripts use considerable system resources, restrictions apply: Scripts must use acceptable system resources. Scripts that require a high number of CPU cycles and large RAM memory space are not permitted. Scripts must never conflict with server configuration or material. Banner rotation systems other than for the customer's own site are not permitted. Public counter systems and all other scripts that can be used on other websites are not permitted. Perl discussion scripts are not permitted.
    
19. Due to the instability of the internet network, Red Line Service cannot, under any circumstance, guarantee customers 100% continual service all the time but rather 99.7% of the time. Red Line Services will do all it can within its power to ensure proper functioning of its system. Red Line Services cannot be held responsible for any damages caused by interruption of service or because of the speed of access of service, as many internet network factors do not permit such a guarantee.
    
20. Red Line Services cannot be held responsible for any damage caused to data stored on its servers. This includes, but is not restricted to, the loss or corruption of data, failure of performance, and momentary interruption of service. It is the customer's responsibility to backup all data stored on Red Line Services servers and in a different location than said servers.
    
21. The customer assumes all risks regarding the availability, quality and performance of the service or product provided.
    
22. Customer acknowledges that Red Line Services is a duly incorporated company under the Canada Business Corporations Act and that under no circumstances, directors, agents and shareholders of the corporation shall be held personally liable for any breaches and / or complaints.
    
23. Antiviral services provided by Red Line Services can be customer activated or deactivated through the hosting maintenance interface. Red Line Services antiviral services cannot remove pre-existing viruses on the customer's computer. Because it is impossible to detect and disinfect 100% of all viruses due to factors beyond control and because no system can claim to do so, Red Line Services offers no guarantee of effectiveness and cannot be held responsible for infections that customers may suffer. It is recommended to always be cautious and careful when receiving and reading emails.
    
24. Red Line Services reserves the right to terminate any hosting contract without being required to provide reason. In this case, Red Line Services will reimburse the customer any amounts the customer paid in advance, including the unused period of the month in question.
    
25. The customer consents to indemnify Red Line Services for all reasonable costs legal including extrajudicial attorney, court costs and other costs and collection agency fees in connection with all claims related to exercising the customer rights under these terms and conditions.
    
26. Red Line Services reserves the right to modify its hosting plans without notice. Red Line Services can retract, modify, or add options to existing hosting plans without notice. In the case of the retraction or modification of one or more hosting plan options, the customer has the right to terminate his or her hosting plan and receive a reimbursement for the unused period, including that of the month in question (applies only if there has been a retraction or modification).
    
27. Red Line Services can modify the rates of different hosting plans at any time without notice. Customers that have a contract of three months or more will not be affected by a change in rates for paid periods. For contracts of three months or more, new rates apply on contract renewal.
    
28. Red Line Services reserves the right to provide a different price and to offer different packages to certain customers for a limited period and for any reason. This cannot be interpreted, at any time, as Red Line Services abandoning its rights and responsibilities as described in these terms and conditions.
    
29. Red Line Services reserves the right to modify these terms and conditions at any time without prior notice.
    
30. The customer agrees to allow Red Line Services use of the address on the customer's site for promotional purposes or for reference to potential customers.
    
31. Any complaints or reports of abuse regarding Red Line Services must be forwarded to the following address:
    
    Red Line Services
    116 F.-Béland
    Gatineau, Quebec
    Canada, J8R 1G3
    
    
32. The use of services provided by Red Line Services confirms your full acceptance of these terms and conditions.
    
33. The laws of the province of Quebec and Canada govern these terms and conditions.
    
34. Any litigation concerning these terms and conditions will be treated in the judicial district of Hull according to the laws of Quebec and Canada.
35. Red Line Services can not assume responsibility towards the client or third parties in respect to:
    • any direct, indirect, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits and loss of business opportunities, that result in any way from this terms & conditions, including the use of the service or any part thereof, by the client or any other person through the client's account, or that the customer has relied or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or
    • any loss and expenses (including attorneys' fees) relating to any allegation, claim, suit or other proceeding based on the contention that the use of the service by the customer or a third party, through its account, violates the intellectual property rights or contractual rights of third parties.

¹ Pseudonym used by the federal corporation 7157037 Canada Inc.