Hosting Policies, Guidelines, & Disclaimer

Danjo Creations' Policies, Guidelines, and Disclaimer apply to all hosting clients, regardless of whether said clients have contracted full service accounts or DNS hosting services including free or paid parking, email service, or redirection of domain names. Clients include those served by our Danjo Creations' main website and those served via any of our secondary websites. By using our website hosting services, you agree to comply with our policies. We have a zero-tolerance policy with regards to all unacceptable content and behavior.

1. AGE: You must be 18 years of age to enter into a contract to use our services.

In the case of a minor under the age of 18, a parent or legal guardian must contract the services from us and the said parent or guardian is our client and must agree to these policies and terms. The client is to remain listed as the account holder and primary contact person. The minor may be authorized as an alternate contact so that he/she may communicate with us directly on behalf of the client. Upon obtaining the age of 18, the client remains the account holder until such time as the contract expires naturally or is prematurely canceled by the client. At such time, the renewal contract may be contracted by the newly turned 18 year old.

2. CONTENT AND USE OF SERVICES: You agree to use our services for lawful and legal purposes only. You are not permitted to use our services to engage in illegal activities. You are not permitted to transmit, to distribute, to store, to present, or to promote via links or other methods any material in violation of any applicable Canadian or United States federal, provincial/state or municipal laws or bylaws. You are not permitted to contravene other applicable regulations, or codes of ethics to which you or Danjo Creations may be subject to. You agree to indemnify and hold us and our providers harmless from any claims resulting from the use of the service that damages yourself or any other party.

Illegal or otherwise unacceptable content and activities includes, but is not limited to the following:

Content which infringes on another individual's rights:

• Copyrighted material displayed without permission from the author/artist or legitimate right holder, regardless of whether or not the copyright is registered. This includes written content, graphic and other artwork, computer software, scripts and programs, audio and video recordings.
• Other content which infringes on another individual's intellectual property rights including patents, trade secret, or other statute.
• Pirated software or material used for pirating.
• Gaming ROMs and Emulators
• Warez sites

Content or activities that may be damaging to your account, to our services, servers, or network, or to any other services, servers, or networks:

• Failing to maintain the integrity of your login credentials. This includes but is not limited to using weak passwords, failing to use unique usernames and passwords (not used elsewhere), transmitting or storing passwords insecurely, sharing passwords carelessly, assigning excessively broad access privileges to third parties
• Maintaining vulnerable versions of programs within your account. You are required to ensure that any custom coding or publicly available scripts such as wordpress, joomla, phpbb, etc... are kept patched or updated, regardless of who/how they were initially installed; programming that is no longer being actively used or can not be secured must be removed from the account
• Hacker programs or archives or material used for hacking
• Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
• Attempt to bypass user authentication or any other security measures on any network
• Accessing data not intended for user
• Probing the security of any network
• Proliferation of viruses
• IRC bots such as eggdrop or BitchX

Material judged to be indecent or obscene

• Pornography and sex-related merchandising and trafficking in obscene material
• Indecent content
• Sites that may infer sexual content or links to adult content elsewhere

Material judged to be threatening

• Content intended to annoy, abuse, threaten, or harass another person
• Content that is itself harmful to minors or alludes to acts of harm to minors or supports persons who cause harm to minors
• Phishing or other schemes to defraud
• Threatening bodily harm or damage to individuals or groups
• Stalking

unacceptable mailing and promotion techniques

• Spamming: Sending unsolicited advertising using our services to those with whom you have no existing business relationship, posting off-topic advertising in newsgroups, repeated or cross posting
• Passive Spamming: promoting a website or business or email address residing on our network by sending spam about it via a third party service
• Spoofing: forging internet mail headers which includes the use of names of persons or companies or email addresses which are not your own or otherwise invalid. Sending an email message which does not contain enough information to enable the recipient to identify and contact the party who is really sending the message
• Trolling: posting controversial messages in newsgroups to generate responses
• Mailbombing: inundating a user with email without any serious intent to correspond
• Subscribing someone else to an electronic mailing list without that person's permission. Not respecting someone's request to have themselves removed from your contact list
• Distribution of mass emailing programs or maintaining spam-able programs within your account.
• Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network

other

• Violating Canadian or U.S. export restrictions
• Violating other Canadian or U.S. laws involving including the PIPEDA, the Competition Act, or the Criminal Code of Canada, CAN-SPAM, the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act

In addition, we do not allow any of the following without prior written permission from Danjo Creations:

• Chat Rooms: We may allow certain types of chat rooms but you must obtain written authorization from us prior to installing or running any chat rooms
• Running programs in the background on our servers without prior written authorization
• Internet Relay Chat (IRC bots): We do not allow IRC or IRC bots to be operated on our servers.

Any violation of these policies may result in immediate account termination or suspension without prior notification and without any refunds. Any client who violates our policies will be held responsible for any and all damages to Danjo Creations and may be charged a fee for necessary repairs and recovery.

3. CLIENT RESPONSIBILITY: The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.

The client is responsible for securing their username/password.

Each client should have the necessary knowledge to create and maintain their website. It is not the responsibility of Danjo Creations to provide this knowledge or support except as to how it may relate to the configuration of Danjo Creations' servers. We will certainly answer questions as to what is compatible on our servers, and provide working code snippet examples to ensure a module or feature is working as it should. We may sometimes assist with debugging your specific code, but such troubleshooting work is not to be expected and is not a service included in normal hosting fees, nor covered in the scope of this contract.

It is the clients’ responsibility to maintain local copies of their website content. We provide a backup tool in our control panel to facilitate generating and downloading a backup copy at your convenience. We advise at least taking a fresh backup when you make major changes to your website. Wordpress or other content manager programs may also generate backups for you. Danjo Creations is not responsible for loss of website files, data, information, etc...

In addition to your option to manually genarate your own backup at any time, Danjo Creations' routine backup protocol includes making available to you a string of recent automated backups accessible from your control panel. Danjo Creations also maintains offsite archives for disaster recovery. If loss of data occurs due to an error on the part of Danjo Creations, Danjo Creations will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of the client in securing their account or by an action of the client, Danjo Creations will attempt to recover the data from the resident and/or offsite archives, subject to a possible fee to cover time and costs incurred (minimum $300 CAD).

4. PAYMENT POLICIES: All accounts are set up on a prepay basis - your payment is expected before your month of service begins. Bandwidth overage charges are payable at the start of the next month at a rate of $15.00 CAD/GB. Customers who consistently exceed their plan limit will be advised to upgrade their plan or to prepurchase additional discounted bandwidth blocks. All pricing is guaranteed for the term of prepayment. Danjo Creations reserves the right to change prices at any time, unless other terms have been agreed upon.

If you sign up on a monthly payment plan, your first payment takes place immediately and may be pro-rated to cover the first partial calendar month and full second month. Thereafter fees are payable monthly. If using credit card for monthly terms, it will be automatically debited on or near the first day of every month. If you choose to have us post a lump sum payment for the first 6 months or for a year, you will be contacted prior to expiry of said term to confirm your renewal and provide current payment information. You may choose at that time to instruct us to post another 6 or 12-month payment, or change to monthly billing. Charges to credit cards processed internally are made by us in Canadian dollar amounts. If you are not in Canada, your credit card issuer will then convert and debit your account in the appropriate currency. Alternately, you may use any PayPal payment source including credit card to pay in either CAD or USD funds.

Accounts being paid by money order or check will not be set up until your first payment arrives. Your payments are required to cover at least a 6-month period, whether by pre-payment or post-dating.

For monthly terms, in the event of a declined credit card payment or bounced check, you will be contacted immediately to provide an alternate form of payment. Any account not brought current within five (5 days) is subject to suspension without further notice unless an alternate arrangement is agreed upon. We reserve the option to apply a $20.00 re-instatement fee to unsuspend your account. In the case of a bounced check, a $25.00 Cdn administrative fee will be due immediately, and we reserve the right to refuse any further check from you.

For semi-annual and annual terms, your invoice is issued in advance and payment is expected within 30 days of issue unless an alternate arrangement is agreed upon. We reserve the right to either suspend services and/or apply late fees of 2% monthly after 15 days past your due date. Clients are expected to be courteous and advise us if they wish to cancel. We assume that late payment is due to an oversight or missed invoice, and will attempt to contact you to verify. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Danjo Creations via a request for termination of services posted using the official cancellation form:

https://danjo.ca/order/cancelhosting.htm

No other form of termination request will be accepted.

Delinquent accounts may be subject to collection action and additional fees may be assessed to cover related expenses.

5. OUR SATISFACTION GUARANTEE: If you are dissatisfied for any reason, you may cancel your hosting account within the first 30 days for a full refund of any set-up fee if one was charged, and hosting package charges for that month, as well as any pre-paid amounts. We do not refund surplus bandwidth or space charges incurred, nor do we refund any non-hosting services or products which includes but is not limited to domain name registration or renewal +/- privacy shielding, domain redirection or DNS service, ssl certificates, and programming.

Any accounts terminated by Danjo Creations for violation of our policies do not qualify for our Satisfaction Guarantee.

6. CANCELLATION: Should you decide to leave our hosting services, you must notify us via this form of your request for termination of services.

https://danjo.ca/order/cancelhosting.htm

No other form of termination request will be accepted.

Your account will be deemed canceled at the end of the day in which you submit notice, unless you request a later termination date. It is your responsibility to follow-up your request until such time as it is acknowledged by our staff that your request has been received. You should generally receive acknowledgement within 24 hours. You understand that the actual dismantling of your account may occur at a later date.

After your initial 30 day period, you are entitled to credit or refund for unused time remaining. At our discretion, we may deduct a reasonable administrative processing fee and/or reverse any prepayment discounts which were applied with the expectation that you would remain for the entire term contracted. Set-up fees, where applicable, are refundable only within the first 30 days as part of our satisfaction guarantee policy referenced above. We do not credit or refund surplus bandwidth or space charges, nor do we refund any non-hosting services or products which includes but is not limited to domain name registration or renewal +/- privacy shielding, domain redirection or DNS service, ssl certificates, and programming.

Danjo Creations' services are independent of account usage and domain name records, and are still in effect whether the account holder's domain is connected to Danjo Creations' network or not. If the account holder modifies nameservers, alters DNS entries, or otherwise detaches the domain from our services without properly notifying Danjo Creations, they will continue to be charged / billed until the cancellation guidelines have been followed. In other words, until Danjo Creations has received your cancellation request, your account is still online, serving stray visitors, and consuming resources for which you will be billed.

If your account has a balance due to Danjo Creations at the time of cancellation, you remain responsible for all such fees. Cancellation, whether requested by the client, or terminated by Danjo Creations, does not absolve the client from any outstanding financial obligations

7. LIMITATION OF LIABILITY: Danjo Creations shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Danjo Creations' servers going off-line or being unavailable for any reason whatsoever. Further, Danjo Creations shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Danjo Creation's servers. All damages shall be limited to the immediate termination of service and billing for such service.

Danjo Creations shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Danjo Creations reserves the right to suspend, terminate, or otherwise de-activate an account at any time and for any reason that causes harm to any service or other web sites on the network or to the reputation of Danjo Creations or its users or the general public. Danjo Creations reserves the right to delete all content and files upon termination. Danjo Creations reserves the right to withhold any prepaid funds for any site removed due to violation of any of these policies. Danjo Creations reserves the right to refuse, cancel, or suspend service at our sole discretion.

Danjo Creations reserves the right to change these policies without prior notice or warning. Non-enforcement of any part of these policies does not constitute consent. Violations of these Policies should be reported as per

http://danjo.ca/policies/abuse.htm

All complaints will be investigated promptly.

8. ENTIRETY: You agree that this agreement, the rules and policies published by Danjo Creations is the complete and exclusive agreement between you and us regarding our services. This agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

9. GOVERNING LAW: You acknowledge that the terms of this agreement shall be governed by the Laws of the Province of Ontario and the Federal Laws of Canada. Any disputes involving this Agreement must be filed in Ontario and you irrevocably consent to the jurisdiction of these courts.

10. Acceptance of Agreement: YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. YOU HAVE CONSCIOUSLY AND FULLY EVALUATED THE PROPOSED SERVICES AND HAVE CHOSEN TO PROCEED ON THE BASIS OF NO OTHER REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Last modified: Monday, 26-Feb-2018 22:41:12 EST