Last Modified: January 2, 2010
This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Either party may terminate this Agreement without cause if properly cancelled inside the members area. Nothing in this paragraph however shall limit ToonieHosting right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.
In the event that ToonieHosting elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that ToonieHosting elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
Customer agrees that ToonieHosting shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that ToonieHosting shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold ToonieHosting liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
ToonieHosting is not liable for customer site content backups on their shared hosting platforms. ToonieHosting has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL TOONIEHOSTING LIABILITY EXCEED THE TOTAL VALUE PAID TO TOONIEHOSTING BY CUSTOMER.
Representation and/or Warranties
ToonieHosting makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold ToonieHosting liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party. Client Content, Backups and Data Loss
ToonieHosting assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on ToonieHosting Servers, or of any database maintained on any server operated by ToonieHosting.
AT NO TIME SHALL TOONIEHOSTING ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Customer understands that the Internet and other various networking communications are not secure.
Customer will ensure that its use of the Internet and any service provided by ToonieHosting to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, ToonieHosting shall have the right to consider same a breach of this Agreement by customer which shall entitle ToonieHosting to terminate Customer immediately without prior notice.
It shall be within the sole discretion of ToonieHosting to deem material as inappropriate.
Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. ToonieHosting shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL TOONIEHOSTING LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN TOONIEHOSTING AND CUSTOMER.
ToonieHosting will use its best efforts to maintain the integrity and security of Customer's password.
Scripts Prohibited From All Servers
Formmail.pl - We do not allow any FormMail prior to v1.91 from Matt's Scripts.
Please use formmail.PHP or the secure version of formmail 1.9s available at
Any current client found to be using a version of formmail below 1.92 will be subject to a $100CAN fine and/or account suspended until scripts can be removed and confirmed.
Pirated software, warez or illegal MP3
Hackers programs or archives
Proxys/Port "Bouncers" etc (BNC, shelld)
IRC and IRC bots (BitchX, eggdrop, etc.)
Third party chat scripts (para is OK)
UltimateBBS (UBBS - all versions)
Ikonboard (all versions)
IRC Egg Drops
psybnc (all versions)
Proxy Scripts and Servers
Improperly installed formmail scripts
any soap mailers
Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall ToonieHosting be responsible for this cost.
All services provided by Tooniehosting.ca may be used for lawful purposes only. Tooniehosting.ca is a strong advocate for freedom of speech and expression but transmission, storage, linking to, or presentation of any information, data, or material in violation of any International, United States Federal, or State law is prohibited. This includes, but is not limited to:
Illegal or Copyrighted Material.
Material that is threatening or obscene.
Adult Material - This includes but is not limited to pornographic photographs, erotica, and otherwise obscene or vulgar material.
Material that is protected by trade secrets or other statue.
Warez - This includes but is not limited to hacking, cracking, ROMS, pirated software, illegal emulators, password cracking, and IP spoofing.
Slander - This includes but is not limited to defamatory information, false information, and perjury.
ToonieHosting mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.
Web based e-mail is provided by ToonieHosting for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on ToonieHosting servers is deleted after 60 days. ToonieHosting does not backup the mail accounts of its customers and customers store their e-mail on ToonieHosting servers at their own risk.
ToonieHosting reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limites in accordance with the current price listed below. Customers exceeding reasonable usage monitored by ToonieHosting will be invoiced on the 1st of the month for the prior months overage. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to cancel the account.
Hosting Account Ownership
The billing contact, as registered with ToonieHosting is considered to be the account owner. ToonieHosting will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
Customer agrees to indemnify and hold ToonieHosting harmless in any legal action which arises as a result of Customer's use of ToonieHosting services, without limitation or exception including, but not limited to any action brought against Customer by a third party.
Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the province of British Columbia. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE PROVINCE OF BRITISH COLUMBIA.
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
The terms and conditions of this Agreement may be modified at the discretion of ToonieHosting with 30 days notice to Customer.
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify ToonieHosting via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.
Customer's failure to properly notify ToonieHosting of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. ToonieHosting current Terms and Conditions may be viewed at www.tooniehosting.ca/tos.php.
One time fees including but not limited to additional features, change domain name and upgrade/renew fees are also non-refundable.
Current pricing for tooniehosting.ca services may be obtained by checking price pages in http://www.tooniehosting.ca/plans.php, tooniehosting.ca reserves the right to change prices, rates and/or institute new charges/fees at any time.
Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of tooniehosting.ca.
Bandwidth overage will be billed on the 1st of each month and is to be paid within 5 days. The current price of bandwidth overage is at a rate of $1 per GB.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, tooniehosting.ca RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
ToonieHosting.ca may, at its sole discretion, charge a fee of US$25.00 or greater to reinstate a suspended account.
A US$25.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $25.00 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees.
If you believe that tooniehosting.ca has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please submit a trouble ticket located inside the members area.
Any site found to be in violation of the Acceptable use Policy will be suspended/removed and subject to a $30.00 fee.
All residents of Canada are subject to pay HST at 12%. Residents of Canada are all clients who have their billing address in Canada.
If for any reason you are not satisfied with the Hosting Services provided by ToonieHosting, we offer a full 30 day money back promise. Simply cancel your Hosting Plan within the first thirty days of service inside the members area and we will refund your money.
Customer will acknowledge that once a cancellation order is requested, the service will be stopped and removed from our servers.
All cancellation requests MUST be done from inside the members area located at:
If a cancellation is received from inside the members area OR from the financial processing company you originally paid with,
the account will be terminated from that said day.
* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*
TOONIEHOSTING STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY TOONIEHOSTING, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO TOONIEHOSTING WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. TOONIEHOSTING DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON TOONIEHOSTING SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON TOONIEHOSTING SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY TOONIEHOSTING IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF TOONIEHOSTING SMTP SERVERS.
I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY TOONIEHOSTING OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.