Terms of Service

Acceptable Use

TrunkspaceHosting.com’s services may only be used for lawful purposes. Transmission of any material in violation of International, Federal, Provincial or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. If you are found in violation of the TrunkspaceHosting.com Acceptable Use Policy or Terms of Use, your account will be terminated without notice and you will forfeit all of the money that has been paid to TrunkspaceHosting.com. Examples of content that is not acceptable on TrunkspaceHosting.com servers include (but are not limited to): pirated software or “Warez”, hacker programs and/or archives, copyrighted media, etc. You specifically agree to indemnify and hold TrunkspaceHosting.com harmless from any claims resulting from a breach of these terms and/or their use of the service which damages another. Warez includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, and encrypting of any of the above. This also includes any sites which provide links to or “how-to” information about such material.

Adult Sites

We will host adult sites containing *only* legal content. This means all pictures must be of models 18 years or over, and all images must not infringe any copyrights.

Spam

Spam in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are opt-in lists that people have signed up for. Spam complaints from other users will not be tolerated.

VPS Hosting

Our VPS service, like all our other services, can only be used for legal/lawful purposes. If you are found to be using your VPS container in order to perform any kind of illegal activitity, including but not limited to sending DDoS or any other kinds of attacks towards another network, or contributing to the spreading of viruses, your service will be terminated immediately and you will be liable financially for any damages caused. We do not allow use of our VPSes for Bitcoin mining. Finally, due to numerous spam complaints, we have blocked SMTP traffic on our KVM VPSes, and we closely monitor SMTP traffic on our OpenVZ VPSes; should you require outgoing mail access on a KVM-based VPS, please contact us and we will review your intended use. If you are found violating any of these terms after sign-up, your service will be terminated immediately with no refund.

Website hosting and Email

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the server that hosts the service, and we shall have no liability for any loss or damage to any data stored on our servers. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on our servers. You represent, undertake and warrant to us that you will use your website only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use our service in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic (and illegal), blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers. you shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner. In the case of an individual user, you warrant that you are at least 18 years of age and if the user is a company, you warrant that the services will not be used by anyone under the age of 18 years. Any access to other networks connected to TrunkspaceHosting.com must comply with the rules appropriate for those other networks. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Intellectual Property Rights

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the services, including without limitation, clearance and/or consents in respect of your proposed domain name.

Service Availability

We shall use our reasonable endeavors to make available to you at all times the server(s) and the service(s) we host for you, but we shall not, in any event, be liable for interruptions of service or down-time that are not caused from our network. We shall have the right to suspend the service(s) at any time (for any of the reasons mentioned in this ToS) without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. The services provided to you here under and your account with us cannot be transferred or used by anyone other than you. User programs may be run only during login sessions. If your account is found to have been transferred to another party or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the service(s) and/or this agreement immediately.

Cancelling your account

You may cancel your account at any time. To do so, please open a ticket, or email Billing@TrunkspaceHosting.com from the email address you used to register your account.
There are no penalties for cancelling your account. Your account will be terminated at the end of your current billing cycle.

REPORTING VIOLATIONS OF TRUNKSPACEHOSTING TOS

TrunkspaceHosting.com requests that anyone who believes that there is a violation of this ToS direct the information to the Abuse Department at Abuse@TrunkspaceHosting.com; if possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation.

Network

Network disruptions: Use of the TrunkspaceHosting.com services for any activity which affects the ability of other people or systems to use TrunkspaceHosting.com services or the internet, including denial of service (DOS) attacks against another network host or individual user, interference with or disruption of other network users, services or equipment, etc. is strictly prohibited. TrunkspaceHosting.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Use of the TrunkspaceHosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of TrunkspaceHosting.com’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending TrunkspaceHosting.com account is subject to immediate termination.

Termination

Without in any way limiting our (TrunkspaceHosting.com) rights, if you fail to pay any sums due to us as they fall due, we may suspend the service(s) and/or terminate this agreement forthwith without notice to you. If you break any of these Terms and Conditions, we may terminate this agreement. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this agreement forthwith without notice to you. On termination of this agreement or suspension of the service(s) we shall be entitled immediately to block your website(s) and to remove all data located on it/them. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the unavailability of your website as we think fit. Accounts may be cancelled by the user with at least 1 day of notice.

Refunds / Money-Back Guarantee

We guarantee our service. In keeping with that, full refunds (minus domain registration/renewal/transfer fees) are available for up to 30 days on all new hosting accounts (EXCEPT on Teamspeak 3 and TS3MusicBot accounts, on which offer NO REFUND). If you cancel after 30 days, your account will be cancelled at the end of the billing cycle you elected during the order process. If your account is terminated due to malicious or illegal activity, you will NOT be refunded or compensated in any way, and may be required to pay us punitive damages.

Data Backup

Data backups are done automatically every night, and then disposed of the following night to make room for the latest backup. This is to ensure the safekeeping of our clients’ important data. However, Trunkspace Hosting will not be held liable for any data loss sustained on the servers. Our clients are able to create their own backups of their websites using the backup feature in their SiteWorx accounts. They are encouraged to do so and keep copies of their backups archived on their local machines.

Legal

TrunkspaceHosting.com expects that its subscribers who provide internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate TrunkspaceHosting.com policy. Finally, TrunkspaceHosting.com wishes to emphasize that in agreeing to these terms, subscribers indemnify TrunkspaceHosting.com for any violation of the service agreement, law, or TrunkspaceHosting.com policy, that results in loss to TrunkspaceHosting.com or the bringing of any claim against TrunkspaceHosting.com by any third-party. This means that if TrunkspaceHosting.com is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against TrunkspaceHosting.com, plus costs and reasonable attorneys’ fees.

Limitation Of Liability

All conditions, terms, representations and warranties relating to the service(s) supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services, which are the subject of any such claim. In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment

If you pay by cheque and your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of $50.00USD. All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of the services to you. Your billing is based on the date that you signed up with us (ex. If you joined us on March 5th, 2005, your next payment will be due on April 5th, 2005, at the end of your current payment term).

Headings

Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this agreement. Misuse of resources including (but not limited to) employing applications which consume excessive CPU time. web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media (legal content), although prohibited by many providers IS allowed on our servers. CGI based message forums, portals and so on which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice.