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If you do not agree with the rules contained in this Agreement, please do not use the Service.

The use of services from helpbase.ca [hereafter referred to as "Helpbase"] constitutes agreement to these terms. You may view our Privacy Policy here. The following rules may be modified by Helpbase from time to time; notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it's wise to check this page regularly.

Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider's other remedies.

1.) Account Setup / Email on file
We will setup your account / service after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content
All services provided by Helpbase may only be used for lawful purposes. The laws of the Province of Ontario, the Country of Canada, the State of Florida, the State of Texas, and the Country of the United States of America apply.

The customer agrees to indemnify and hold harmless Helpbase from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info(at)helpbase.ca with all pertinent information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared, Reseller and Dedicated Servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, file dump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited. The following items are acceptable on dedicated servers: Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email.

If in doubt regarding the acceptability of your site or service, please contact us at info(at)helpbase.ca and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately, and may be terminated with or without notice.

Violations will be reported to any and all appropriate law enforcement agencies.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Helpbase reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Helpbase reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Helpbase.

4.) Payment Information
You agree to supply appropriate payment for the services received from Helpbase, in advance of the time period during which such services are provided. You agree that until and unless you notify Helpbase of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via support ticket. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Helpbase, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Helpbase provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid may result in a late fee (in the amount of our discretion) and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.

Helpbase reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of the service is at your sole risk. Helpbase is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Helpbase servers.

6.) Cancellations and Refunds
Helpbase reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via support ticket. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests will be reviewed and refunded upon our discretion. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 5,000 inodes on any account may potentially result in suspension. Accounts found to be exceeding the 5,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode. Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Uptime Guarantee
If your server has a physical downtime that is not within the 99.5% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Helpbase dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact info(at)helpbase.ca with justification. All requests must be made in writing via email.

10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Helpbase does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Helpbase will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts)
Accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

12.) Price Change
We reserve the right to change prices listed on helpbase.ca, and the right to increase the amount of resources given to plans at any time.

13a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Helpbse harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Helpbase, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Helpbase against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Helpbase; (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 customers from Helpbase's server.

13b.) Arbitration
By using any Helpbase services, you agree to binding arbitration. If any disputes or claims arise against Helpbase or its subsidiaries, such disputes will be handled by an arbitrator of Helpbase's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

14.) Disclaimer
Helpbase shall not be responsible for any damages your business may suffer. Helpbase makes no warranties of any kind, expressed or implied for services we provide. Helpbase disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Helpbase and its employees.

15.) Disclosure to law enforcement
Helpbase may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16.) Changes to the TOS
Helpbase reserves the right to revise its policies at any time without notice.