BudgetHost / BudgetHost.ca
Terms of Service (TOS) Agreement

BudgetHost.ca shall be known throughout this document as BudgetHost BudgetHost agrees to provide the client web hosting for a monthly fee (or otherwise agreed upon by both parties). BudgetHost Inc. will never require clients to advertise for BudgetHost Inc. on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites.

Content
All services provided by BudgetHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, Canada (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless BudgetHost from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography (both legal and illegal) and sex-related merchandising are NOT permitted. BudgetHost will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:

• Pirated software
• Hackers programs or archives
• Warez Sites
• Spamming Software
• Pornography Sites

BACKGROUND-RUNNING PROGRAMS
As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.

INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through BudgetHost Services may be subject to protection under United States, Canada (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the BudgetHost service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the BudgetHost Network. If you use a domain name in connection with the BudgetHost service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party

NETWORK SECURITY
Customers may not use the BudgetHost Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. BudgetHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

DEFAMATION
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

REFUSAL OF SERVICE
BudgetHost reserves the right at its sole discretion to refuse or cancel service. Violation of any of BudgetHost Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

SPAM OR UNSOLICITED E-MAIL
You must not use the BudgetHost Network, BudgetHost equipment or any BudgetHost email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the BudgetHost Network, BudgetHost equipment or any BudgetHost email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, BudgetHost reserves the right to disable your domain without warning. In addition, BudgetHost may impose a $50 penalty for each spam policy violation. BudgetHost solely reserves the right to refuse or cancel service to known spammers. Lastly, BudgetHost reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

ABUSE
Any attempts to undermine, slander, libel, threaten, or cause harm to a BudgetHost Inc. server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold BudgetHost (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BudgetHost, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BudgetHost against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with BudgetHost server;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and

(3) copyright infringement. Customer agrees to limit the liability of BudgetHost to the amount paid for service.

REFUNDS POLICY
You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month. If you are paying annually for web site hosting services, we will issue a pro-rated refund for months not used minus a 15% service fee. Accounts terminated by BudgetHost for breach of the Terms of Service will not be entitled to a refund.

30 Day Money Back Guarantee - Each new registration of a hosting account is entitled to a 30 day (no hassle) money back guarantee. Any hosting account that wishes to cancel (for any reason) will be entitled to a full refund of funds collected for the first month. Any domains registered, for free or remain unpaid for, by BudgetHost will become the sole property of BudgetHost upon such a cancellation. If the account is terminated within the first 30 days of service due to a breach of our Terms of Service, no refund will be issued.

Uptime Guarantee- In the unusual circumstance that we don't meet our 99.5% total uptime, just send us an email. For every hour of downtime past the guarantee you will be able to receive a refund of 10% of your payment.

DOMAIN OWNERSHIP
Existing domains that are transferred to BudgetHost, for any reason, remain the sole property of the client. BudgetHost will only transfer domains at the request of the client. Domain modifications (DNS, address changes, etc; renewals excluded), requested by the client will be completed by a BudgetHost staff member at no charge.

Free domain registrations – BudgetHost may, from time to time, offer free domains through custom plans or promotions. Any domains offered through such a promotion or agreement, will become the sole property of the client after the initial 1 year registration period has expired and the domain has been renewed by the client through BudgetHost Inc.

DISCLAIMER
BudgetHost will not be responsible for any damages your business may suffer. BudgetHost makes no warranties of any kind, expressed or implied for services we provide. BudgetHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BudgetHost and its employees. BudgetHost is not responsible for downtime due to matters “beyond our control”; this includes, but is not limited to: earthquake, fire, hacking, or computer viruses.

BudgetHost keeps backups of key server systems only. BudgetHost can accept no responsibility for any loss of data or consequences arising from this. BudgetHost always advises clients to back up their site data regularly for its own protection.

BudgetHost furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of BudgetHost A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with BudgetHost then BudgetHost will not be responsible for maintaining hosting for the resellers customers.

Finally, BudgetHost wishes to emphasize that in accepting services, customers indemnify BudgetHost for the violation of any law or BudgetHost policy, which results in loss to BudgetHost or the bringing of any claim against BudgetHost This means that if BudgetHost is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against BudgetHost, plus costs and reasonable legal fees. Failure to comply with any of the above Terms & Conditions will result in grounds for immediate account deactivation. BudgetHost reserves the right to change, edit, or update the policies contained in this document at any time.