Definitions
This Terms of Service Agreement (this “Agreement”) is entered into by PeaceWorks Technology Solutions (“PeaceWorks”) and you and is made effective as of the date of your use of PeaceWorks’ hosting services (individually and collectively, the “Services”) or the date of acceptance by signing a contract. This Agreement sets forth the general terms and conditions of your use of the Services.
The terms “we”, “us”, or “our” shall refer to PeaceWorks. The terms “you”, “your”, “user” or “Client” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
Support
For self-service you can refer to the FAQ on our website for common questions, issues, and troubleshooting. You can also contact us to receive support from PeaceWorks by using the form on our website or by sending an email to hosting@peaceworks.ca to create a support ticket.
PeaceWorks will examine all reported incidents to determine whether there will be a support charge. Support charges will be on a time and materials basis at your current hourly rate. You will be notified of the potential of any charges prior to investigation continuing or work being completed so that you can decide if you would like to proceed. Note that requesting information or how to access self-help options do not incur a charge.
Responsibilities
The Client is responsible for obtaining and maintaining any software (email program, web browser, etc.) required to make use of PeaceWorks hosting services.
PeaceWorks provides no warranties for any internet or email or other software the Client runs on their computer(s) or other electronic device(s).
PeaceWorks will not be held liable for and will be indemnified from all damages resulting from the use of PeaceWorks Services or the software used to access them. The Client agrees that PeaceWorks shall not be liable to the Client and the Client shall indemnify and save harmless PeaceWorks from and against damages and/or claims arising from:
a. any change or interruption to an electrical power supply;
b. unauthorized access to any computer or network system by any person obtaining a password or digital key by illegitimate means either
1. due to careless storage of said password or key; or
2. by intrusion into or unintended operation of any computer or network system;
c. loss, damage, destruction, distortion, erasure, corruption, alteration, diminishment in value or loss of use or usefulness of electronic data or electronic media;
d. the actual, alleged, or anticipated failure or inability of any computer or electronic device or component or system or embedded programming or software:
1. to correctly assign any date to the correct day, week, month, year or century; or
2. to correctly recognize or compute any date;
g. the use of any arbitrary, ambiguous or incompletely defined date in any data, software, or embedded programming;
h. any measures taken with the intention of averting or minimizing any of the above; or
i. website hosting services.
Web hosting accounts include SSH (secure shell) access as well as the capacity to install third-party scripting solutions (PHP or other applications). The Client is responsible for ensuring that the use of their account does not in any way result in damage or disruption to PeaceWorks hosting service or to our other clients.
If the Client suspects that someone may be using their account without permission, the Client is required to notify PeaceWorks immediately. If PeaceWorks is not immediately notified, the Client is responsible for any damages caused by such unauthorized use. PeaceWorks can be reached via our website or by emailing hosting@peaceworks.ca.
Authorized Users
Use of the account and hosting services is limited to use by the Client and the Client’s employees, and may not be resold, redirected, shared or provided to any third party except by express written agreement between PeaceWorks and the Client.
Prohibited Use
Sending unsolicited email (spam), be it commercial or other, is prohibited and may result in suspension of the account.
The Client may not use the services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Agreement:
Any material or conduct that in our judgment violates this policy in any manner may result in suspension or termination of the services or removal of user’s account with or without notice.
Fair Use and Harm Prevention
In order to prevent harm to the Client’s website, other websites in our care, and the Services at large, PeaceWorks reserves the right to temporarily disable the Client’s hosted website in whole or in part as required A) to prevent exploitation of known security vulnerabilities in any software that the Client’s website may use, or B) if there is evidence of a malicious attack. PeaceWorks would notify the Client in either of these cases.
PeaceWorks reserves the right to limit or terminate Services provided to the Client in the event that Client activity or inactivity impacts the availability of services to other PeaceWorks clients.
PeaceWorks provides storage for data that is directly related to the Client’s website or email. Storage space is not intended for other uses such as mass storage of documents or media that are not part of website content or email attachments. PeaceWorks reserves the right to suspend Services if we judge that storage space is being used for purposes unrelated to website hosting or email.
Payment
This Agreement will be renewed annually, or quarterly for accounts on our Total Care plan. Cancellation of Services will mean the termination of automatic renewal, but no refunds will be given. See the details of contract terms on our website.
Accounts are payable in advance, and the Client agrees to pay all regular fees and overages when they are due. If the Client’s account is at any time overdue, services may be suspended until such time as all outstanding invoices have been paid.
Violation of this Agreement will result in termination of the Client’s account. If an account has been terminated because of violation of these terms, no refund will be issued.
Termination of Accounts
PeaceWorks will provide you with all the information you require to transfer your services to another provider. PeaceWorks can assist you with the transfer process at your hourly rate. For information on transferring your service(s) please see the FAQ.
Enforcement
By using PeaceWorks hosting services, the Client agrees to be bound by all of the items of this document. Your services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.
Reporting Violations
To report a violation of this policy, please contact us via our website or email hosting@peaceworks.ca.
Policy Updates
PeaceWorks reserves the right to change this policy at any given time. In that event the Client will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit the Terms of Service page on our website.
