Web & Email Hosting Terms & Conditions
DURATION AND TERMINATION. BUBBLEUP provides hosting services on a 12 months term. Most hosting services are rendered under signed agreements however, in the event that no signed agreement exists, THE CLIENT’S yearly hosting invoices and receipt of hosting payments shall constitute a hosting agreement. THE CLIENT may cancel a hosting agreement at any time, however hosting fees which are paid in advance are non-refundable. BUBBLEUP shall have the right to terminate a hosting Agreement at anytime for any reason whatsoever including those specifically referenced in this Agreement and THE CLIENT shall not be entitled to any refund of any fees which have been paid.
TERMS & PAYMENTS. THE CLIENT will make an annual website/email hosting payment as per invoices received which will include applicable taxes such as GST.
WEBSITE HOSTING. BUBBLEUP will provide all website hosting services as required for this agreement and will provide THE CLIENT with an annual hosting invoice. Hosting payments must be made within 30 days of the invoice date or BUBBLEUP reserves the right to disable all hosting services until such time as the invoice is paid in full.
INCLUDED SUPPORT SERVICES. BUBBLEUP will provide two levels of service for all hosting accounts.
- Proactive Server Maintenance: Server security updates, backup routines, and firewall protection.
- Disruption of Service Resolution: In the event that there is a disruption in service as a result of an error deemed to be the fault of BUBBLEUP, BUBBLEUP will provide all services necessary for the resumption of service.
ADDITIONAL SUPPORT SERVICES. Unless THE CLIENT has subscribed to a pre-paid service plan, as indicated on their yearly hosting invoice, all additional support services will be billed to THE CLIENT at a cost of $140 /hr. Such services may include: website updates, user account modification, or the resolution of any and all errors deemed to be the fault of THE CLIENT. Note, monthly additional support service hours are non-compounding and expire at the end of every month regardless of whether or not they were used.
TERMS OF SERVICE. BUBBLEUP reserves the right to suspend or cancel THE CLIENT’s access to any or all services provided by BUBBLEUP in the event BUBBLEUP determines in its sole and absolute discretion that any accounts have been inappropriately used or otherwise.
SERVER USE. BUBBLEUP hosting plans are specific to THE CLIENT only. THE CLIENT is not permitted to resell, store, assign, transfer or give away web-hosting services of their website to any other parties without the specific written consent of BUBBLEUP. BUBBLEUP reserves the right to refuse service and / or access to its servers to anyone it is sole and absolute discretion. All services provided by BUBBLEUP may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any Canadian, Provincial or local law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material BUBBLEUP judges to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to BUBBLEUP servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. All decisions as to content will be made by BUBBLEUP in its sole and absolute discretion and may be made without any warning to THE CLIENT whatsoever.
HIGH RESOURCE USER POLICY. Resources are defined as excessive disk space, cpu utilization, and / or resource manipulation. BUBBLEUP’s servers represent a production web environment. Use of BUBBLEUP’s servers and resources as a scripting test environment is strictly prohibited without express written consent and may result in immediate termination and suspension of all services under this Agreement. Further, BUBBLEUP, in its sole and absolute discretion, reserves the right to suspend or terminate that account immediately in the event THE CLIENT is monopolizing or excessively utilizing BUBBLEUP’s resources.
INDEMNIFICATION. THE CLIENT agrees to use all BUBBLEUP services and facilities at their own risk. THE CLIENT agrees that it shall defend, indemnify, save and hold BUBBLEUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BUBBLEUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold THE CLIENT, its agents, employees or assigns. Further, THE CLIENT agrees to defend, indemnify and hold harmless BUBBLEUP against all costs, damages, liabilities, expenses, claims and suits arising out of this Agreement or the provision of services to THE CLIENT including but not limited to (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BUBBLEUP’s servers; (2) any material supplied by THE CLIENT infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement, (4) any defective products/services sold to client from BUBBLEUP’s server or (5) any damages, costs or expenses incurred by BUBBLEUP due to THE CLIENT’s misuse of BUBBLEUP servers or resources including those specifically referenced in this Agreement . Due to some technological limitations with our choice domain registrar DomainsAtCost.ca, some domain information may be registered to BUBBLEUP contact. THE CLIENT will still own the domain. This is a simple requirement to allow for BUBBLEUPS’s automatic domain registration and renewal.
DISCLAIMER. BUBBLEUP will not be responsible for any damages THE CLIENT’s business may suffer, be it direct, indirect or consequential. BUBBLEUP makes no warranties of any kind, expressed or implied for services we provide. BUBBLEUP disclaims any warranty or merchantability. Although BUBBLEUP does provide reliable and robust website and email hosting services, including regular backup routines, THE CLIENT is encouraged to backup their own data, files and databases. BUBBLEUP does not guarantee to backup customer information. If you have any queries regarding our Terms of Service, please contact support@BUBBLEUP.ca.
RELEASE. THE CLIENT hereby forever releases and discharges BUBBLEUP and its directors, officers, employees, heirs, successors, agents and assigns from any and all actions, causes of actions, contracts (whether express or implied), claims and demands for damages to person or property, loss, or injury, including death and disability, suits, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity, which against BUBBLEUP, THE CLIENT ever had, now have, or may have, incurred or suffered by THE CLIENT, in relation to the provision of services pursuant to the terms of this Agreement.
ENFORCEMENT POLICY. If THE CLIENT is found in violation of any term or condition of BUBBLEUP’s Spamming Policy, the Server Use Policy, or THE CLIENT’s use of the Service is in contradiction of or, in BUBBLEUP’s judgment, could be in contradiction of, BUBBLEUP’s high resource user policy, BUBBLEUP reserves the right to charge THE CLIENT an administrative fee of NO LESS THAN $250.00.
GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the Province of Alberta.
SCOPE CHANGES. Any changes to the project scope as listed above, will at BUBBLEUP’s sole discretion, be subject to additional costs.
ENTIRE AGREEMENT AND NOTICE. This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail.
COUNTERPART AND FACSIMILE. This Agreement may be executed in counterpart and/or by facsimile or other electronic transmission