This Fiberstack Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Fiberstack's Hosting Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Fiberstack reserves the right to modify it from time to time, effective when notification is posted at www.fiberstack.com. No verbal or written agreement/statement by any Fiberstack employee or at Fiberstack's website will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. Fiberstack only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that Fiberstack deems inappropriate may result in the termination or suspension of the Services for the Customer.
The Services purchased by the Customer will be in the form of a specific Cloud Server and Content Delivery Network Plan. Each Service Plan outlines the features, resources and storage that Fiberstack will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.fiberstack.com. Fiberstack has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Fiberstack before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.fiberstack.com are in Canadian Dollars (CAD).
While registering for a Service Plan, the customer may choose a Billing Period (also know as Payment Term) of 1 Month or 1 Year. All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically unless the Customers chooses to cancel his or her Service Account.
All charges will be debited against the Customer's credit card currently on file. Any outstanding balance must becleared within 3 days by the chosen Payment Mode (selected during registration). Failure of the Customer to clear any debt within 3 days would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period. If the Customer doesn't pay his or her balance within 14 days after Service Account suspension, Fiberstack reserves the right to terminate the Customer's Service Account.
A fee of $30 CAD will be levied for every returned cheques and chargebacks. Fiberstack reserves the right to change pricing of the Services from time to time. Fiberstack also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined on www.fiberstack.com. Customer may also purchase additional features, storage and resources at the rates stated on the Service Plan description.
Under the 30 Day No Risk Money Back Guarantee, the Customer will be eligible for a full refund consisting of their purchase price, less any charges for bandwidth usage, bandwidth overages and product add-ons, all of which are non-refundable. Full refunds will be granted to customers within 30 days of their registration if he or she chose Credit Card or PayPal as their payment method.
Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.
The 30 Day Money Back Guarantee is limited to one per customer to avoid abuse of the system.
All Service Accounts must be cancelled through the dashboard before the Service Account's next due date. No refund will be given for unused portions of the Service Account.
Services are provided on an "as is" basis." Fiberstack is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation.
You must ensure that all material and data placed on Fiberstack's servers is in a form requiring no additional manipulation by Fiberstack. Fiberstack will make no effort to validate any of this information for content, correctness or usability.
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You must have the necessary knowledge for your intended use of the Services. Fiberstack will not provide this knowledge to the Customer.
You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
If you run a Website through the Services, you are solely responsible for it's operation and maintenance and Fiberstack plays no such role in it.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Website. Fiberstack will not be responsible for the security of such information.
You also expressly (i) grant to Fiberstack a license to cache the entirety of your Website, including content supplied by third parties, hosted by Fiberstack under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Fiberstack shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Fiberstack. All IP numbers and addresses assigned by Fiberstack will require justification before use. Fiberstack reserves the right to change or remove any and all IP numbers and addresses.
Fiberstack automated backup system will backup all cloud server instances once per week and store them for a period of 7 days. Fiberstack Cloud VPS customers get free weekly system image backups. Each backup will overwrite the previous week's backup. Fiberstack is not responsible for data residing on your account and/or server. You agree to take full responsibility of your data and ensure you carry a backup of all files stored on Fiberstack servers.
Fiberstack offers free restores via our cloud dashboard. Free restore applies only to active accounts with no unpaid invoices. If the customer account is suspended, terminated or unpaid invoices are present, a charge of $50.00 will apply to all backup/restore requests.
Any attempt to cause harm or undermine Fiberstack's servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
The following activities are considered as email abuse and are prohibited:
Any use of Spam (Unsolicited Bulk Email) is prohibited. Any cusomter found utilizing bulk email thorugh our system will receive a warning unless the level of spam requires more drastic action. This is at Fiberstack's discretion to determine the appropriate action. Fiberstack maintains a Zero Tolerance policy for spam and spam related actions. Fiberstack reserves the right to terminate any and all accounts accused of multiple spam complaints.
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, MySQL, MSSQL, PHP, ASP, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Fiberstack will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Fiberstack will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Fiberstack that the abuse will not occur again. Fiberstack will endeavor to provide prior notification before carrying out any such action but Fiberstack may do so without any such notification and at its own discretion.
Fiberstack reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Fiberstack. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Montreal , Quebec , Canada and any dispute will be litigated or arbitrated in Montreal , Quebec , Canada . Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Canada . IN NO EVENT SHALL Fiberstack's MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.
All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. Fiberstack will not be responsible if Customer fails to receive any email Fiberstack attempted to send.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Fiberstack HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Fiberstack, 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 Fiberstack AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Fiberstack SERVICES; (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 CUSTOMER FROM Fiberstack SERVICES.
Fiberstack WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Fiberstack MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Fiberstack 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 Fiberstack AND ITS EMPLOYEES. Fiberstack RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.