Service Contract / Terms of Use

The terms below are an important part of the service contract between you and Logix. By using Logix as a provider, you agree to the following terms and conditions. The following words used in context of the Service Contract are defined as follows:

Provider: Logix
Client: The person or entity who is applying for web hosting services

The Provider agrees to provide, and Client agrees to receive, access to the Web hosting services according to the following terms and conditions:

Client will use the Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card, checking account, or by regular invoicing.
Provider reserves the right, in its sole discretion, to deactivate the Client's Web hosting account(s) without further warning or reason. Typical reasons for cancellation include but are not limited to an indication of credit problems including delinquent payments, abuse, or if the traffic on this account causes any kind of network or server problem / disturbance.
Logix offers a service uptime guarantee for the Logix Services, which provides for a credit to You in the event the total availability of Logix hosted web pages falls below 99.99% ("Uptime"). If You can demonstrate to Logix's satisfaction, in Logix's sole discretion, that Logix has failed to maintain the Uptime, You may contact Logix and request a credit for that month proportional to the amount of downtime, to be put towards the purchase of future Logix Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by Logix from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to Your web (for example, interruptions to your ftp service or e-mail) site; (iv) suspension of Your account due to legal action taken or threatened against You or Your Services; or (v) causes beyond the control of Logix or that are not reasonably foreseeable by Logix.
Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Web hosting packages and any other services for any reason.
While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Providers server and network. If Client requests that Provider restore any files/data for any reason other than an error on the part of the provider, client will be charged a $25 restore fee. Provider makes no guarantee that the files/data in question will be available or in the state desired by client. Regardless of the result of a data restore request, the $25 restore fee still applies.
CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY CLIENT ACCOUNT(S) ENGAGED IN POTENTIALLY ILLEGAL ACTIVITY, OR WHICH REPEATEDLY VIOLATE OR INFRINGE COPYRIGHT LAW MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION/PERCEIVED SUBMISSION OF ILLEGAL MATERIALS.
CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S). PROVIDER MAY CHARGE A $25 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.
YOU AGREE THAT LOGIX WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NAME REGISTRARS REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND LOGIX ; (e) EVENTS BEYOND LOGIX CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, NAME REGISTRARS WILL NOT 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, EVEN IF NAME REGISTRARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOGIX MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO LOGIX FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE PROVINCE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's Web hosting account(s) upon an indication of such activity without further notice. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Web hosting account(s). Provider reserves the right to charge a $25 deactivation fee, if client's violation of provider's anti-spamming policy leads to an account deactivation or suspension.
Client acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered there are no refunds if the service contract is canceled by client before the regular expiration date / anniversary date. All server and hosting contracts are automatically renewed for another term unless a notice of cancellation has been given by either party at least one weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial rent is not paid, provider has the right to immediately close the account and to refuse service. If a credit card payment is declined by the client's bank or if payment has not been received by the due date, provider will continue to try and post the charge to clients credit card until the charges are cleared. If an account becomes 30 days past due the provider has the right to terminate the account effective immediately. In addition, provider will assess a "termination due to non-payment" fee of $25.00 CAN and optionally send the delinquent account to a collection agency no sooner than 30 days after cancellation. Provider will hold client responsible for all collection fees and dues incurred by the collection agency that are required to collect any past due amounts that are left owing on clients account. Any account terminated due to non-payment will incur at $25 re-activation fee and all future payments must be made via automatic credit card draft in advance of each billing period. If billing for transaction is submitted and declined, the associated hosting account is subject to immediate suspension without further notice.
Provider may, at its discretion, require any customer to submit payments for hosting services via credit card payment which shall be kept on file with provider in a secure location. Any hosting account delinquent on more than one occasion may be required to submit payment in advance of each month via automatic credit card charge. Provider reserves the right to request that client pay as outlined, and if client refuses, provider may at its discretion, cancel the hosting account(s) in question without further reason or cause. Provider reserves the right to enforce this action even if it was not previously exercised under similar circumstances.
Provider maintains control and any ownership of any and all IP addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the right to use the domain name even if client changes providers.