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Terms of Service

General Terms

  1. These Terms of Service, together with any terms set out in the Agreement between CanSpace Solutions Inc and the Client, constitute the entire agreement between the parties, supersede any previous agreement or understanding, and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
  2. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario.
  3. CanSpace Solutions Inc reserves the right to review and revise these Terms of Service at any time. Continued use of the Service(s) after any modification constitutes acceptance of the revised terms. It is the Client's responsibility to review these terms periodically.
  4. CanSpace Solutions Inc reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse, or illegal use of said services contrary to any statutory regulation or law governing the relationship between CanSpace Solutions Inc and the Client under this agreement.
  5. All charges quoted to the Client for the provision of the Service(s) are exclusive of any applicable taxes (including GST, HST, and PST), for which the Client shall be additionally liable at the applicable rate.
  6. CanSpace Solutions Inc shall by default retain the credit card information submitted by the Client for payment of future invoices. The Client can request that this information be removed at any time.

Auto-Renewal

  1. All services, including hosting plans, domain names, SSL certificates, and any add-on products, have auto-renewal enabled by default. The Client will be automatically charged at renewal time using their stored payment method. Auto-renewal can be disabled at any time through the client area.
  2. Renewal reminder emails are sent in advance of each renewal date. It is the Client's responsibility to review these reminders and to cancel or disable auto-renewal for any services they no longer wish to maintain.
  3. Hosting plans and domain names are independent products. Cancelling a hosting plan does not cancel any associated domain name registrations, and vice versa. Each product must be cancelled or have auto-renewal disabled separately.

Billing and Late Fees

  1. Payment is due on the date indicated on the invoice.
  2. If payment is not received within 2 days of the due date, a late fee of 10% of the outstanding invoice total (plus applicable taxes) will be automatically applied. This late fee will be charged to the Client's stored payment method or added to the outstanding balance.
  3. CanSpace Solutions Inc will suspend services that are not paid for promptly. At least one reminder will be sent to the Client's last notified contact address before suspension. The full amount outstanding, including any applicable late fees, must be received as cleared funds before the service is reactivated.
  4. In the event that a Client initiates a chargeback or payment dispute with their financial institution for a legitimate charge, CanSpace Solutions Inc reserves the right to charge an administrative fee of $50 CAD plus the full transaction amount. The Client's account and all associated services may be suspended immediately upon receipt of a chargeback notification and will not be reactivated until the chargeback is resolved and all outstanding balances, including the administrative fee, are paid in full.

Cancellation

  1. All cancellation requests must be submitted through the client area at canspace.ca/clients. Cancellation requests sent via email, phone, or any other method will not be processed.
  2. Hosting plan cancellations take effect at the end of the current billing cycle. The Client's services will remain active until the expiry date of the current paid term.
  3. To prevent a domain name from renewing, the Client must disable auto-renewal through the client area before the renewal date. Domain renewals that have already been processed cannot be reversed.
  4. Upon cancellation or termination of a hosting account, all data associated with the account (including website files, databases, and email) will be permanently deleted. It is the Client's responsibility to download and retain copies of any data they wish to keep before the cancellation takes effect.

Refund Policy

  1. CanSpace Solutions Inc offers a 30-day money-back guarantee on shared web hosting plans for new clients only. This guarantee is available exclusively to clients who have no previous or existing services of any kind with CanSpace Solutions Inc (including domain registrations, previous hosting plans, or any other product). It does not apply to renewals, additional purchases, or any other products or services.
  2. To request a refund under the 30-day guarantee, the Client must submit a cancellation request through the client area within 30 days of the initial purchase date.
  3. The following are non-refundable under all circumstances: domain name registrations and renewals, domain transfers, SSL certificates, add-on products, VPS hosting, dedicated servers, setup fees, and any charges for custom services or work performed.
  4. No prorated refunds are offered for any service cancelled partway through a billing cycle.

Domain Names

  1. Domain name registrations are processed instantly and are non-refundable and non-reversible, regardless of the length of time purchased or any errors in the domain name (including spelling mistakes). It is the Client's responsibility to verify the accuracy of the domain name before completing the order.
  2. The Client shall meet all third-party costs arising from the registration of a domain name.
  3. CanSpace Solutions Inc does not charge fees to release control of a domain name (commonly referred to as "transfer-out" charges); however, control of a domain will not be released if there are monies owing to CanSpace Solutions Inc for any Service(s) provided to the Client.
  4. Domains can be renewed up until the expiry date. While certain registries allow for a grace period beyond the expiry date, CanSpace Solutions Inc cannot guarantee the renewal of any domain name after the specified expiry date. For .io and .eu domains specifically, auto-renew must be enabled at least 3 days in advance of the expiry date.
  5. Where there might be a conflict between these Terms of Service and CIRA's Registrant Agreement, CIRA's terms apply.

Hosting

  1. Hosting is payable on monthly, quarterly, semi-annual, annual, 2-year, or 3-year terms, payable in advance, unless a separate contract is agreed in writing.
  2. The minimum period for the provision of this service is 1 month from the date of acceptance; the expiry date of the service will be clearly stated in the invoice issued regarding the service.
  3. CanSpace Solutions Inc shall be entitled to restrict bandwidth or other system resources available to the Client at any time to protect all clients where necessary.
  4. Where third-party or open-source software (such as a content management system, forum, or plugin) has been installed and CanSpace Solutions Inc becomes aware that there is a security vulnerability which could lead to unauthorized access to all or part of a server, the Client will be informed of the need for improvements. CanSpace Solutions Inc is entitled (a) to charge for upgrades or modifications (with the Client's prior written consent), and (b) to suspend the service if the Client, after being informed that the software poses a security threat, takes no action to have the threat removed within 2 days. If CanSpace Solutions Inc determines, in its sole discretion, that the vulnerability puts any systems at unsatisfactory risk, immediate action may be taken to disable or remove said software.

Backups

  1. Backups provided by CanSpace Solutions Inc are made as a courtesy and are not guaranteed. While regular backups are performed on all servers, they are intended for disaster recovery purposes only. CanSpace Solutions Inc makes no guarantee as to the availability, completeness, or integrity of any backup data.
  2. It is the Client's sole responsibility to maintain independent backups of all data, including website files, databases, email, and any other content hosted on CanSpace Solutions Inc servers. CanSpace Solutions Inc shall have no liability for any loss of data, regardless of the cause.
  3. Accounts exceeding 75GB in size cannot be backed up reliably, and backups of accounts over this size may not be made.

Email

  1. Mail awaiting delivery is stored securely and is not accessible to other internet users. However, once the Client's data passes onto the internet, it is no longer secure and is open to interception. CanSpace Solutions Inc cannot accept responsibility or liability for any data or information that becomes available by such means. CanSpace Solutions Inc recommends the use of encryption for the transfer of sensitive data or information.
  2. The Client shall not use CanSpace Solutions Inc email services to send unsolicited bulk email (spam), phishing messages, or any email that violates applicable Canadian anti-spam legislation (CASL). Violation of this policy may result in immediate suspension of the Client's account.

Acceptable Use Policy

  1. The Client agrees not to use CanSpace Solutions Inc services for any unlawful purpose or in any way that violates any applicable federal, provincial, or municipal law or regulation.
  2. The following activities are strictly prohibited on all CanSpace Solutions Inc services: hosting or distributing illegal or copyrighted material (including warez, software cracks, copyrighted movies, or music); running IRC clients or bots; hosting or running torrent trackers; using hosting accounts primarily as file storage or file-sharing platforms (including but not limited to cloud storage applications); running proxy server software; sending unsolicited bulk email (spam); hosting phishing sites or malware; conducting denial-of-service attacks or port scanning; cryptocurrency mining; and any activity that could damage, disable, or impair CanSpace Solutions Inc servers or interfere with other clients' use of the services.
  3. CanSpace Solutions Inc reserves the right to determine, in its sole discretion, whether any use of its services constitutes a violation of this Acceptable Use Policy. If a violation is found, CanSpace Solutions Inc may suspend or terminate the Client's account immediately without prior notice. No refund will be issued for accounts terminated due to a violation of this policy.
  4. The Client is responsible for all activity on their account, including activity by any third parties who have been granted access to the account by the Client.

Copyright and DMCA

  1. CanSpace Solutions Inc respects the intellectual property rights of others and expects its clients to do the same. If CanSpace Solutions Inc receives a valid notice of copyright infringement, CanSpace Solutions Inc may remove or disable access to the allegedly infringing material and may suspend or terminate the accounts of repeat infringers.
  2. If you believe that content hosted on CanSpace Solutions Inc servers infringes your copyright, please contact us at [email protected] with a description of the copyrighted work, the location of the infringing material, and your contact information.

Ownership of Information

All Client information, mail messages, and other data stored on CanSpace Solutions Inc equipment is treated as private and solely the property of the Client at all times (with the exception of any work that has not been paid for in full) and will not be duplicated, copied, reproduced, or viewed publicly in any way except with the express or implied permission of the Client, for the purposes of providing backup and support services, or as required by law.

Limitation of Liability

  1. CanSpace Solutions Inc warrants to the Client that Service(s) will be provided using reasonable care and skill and as continuously as reasonably possible, at all times subject to restrictions resulting from third parties. Where CanSpace Solutions Inc supplies Service(s) in connection with services or goods supplied by a third party, CanSpace Solutions Inc does not give any warranty, guarantee, or other term as to their quality, fitness for purpose, or otherwise.
  2. CanSpace Solutions Inc may at any time without notifying the Client make any changes to the Service(s) which are necessary to comply with any applicable safety or statutory requirements, or which do not materially affect the nature or quality of the Service(s).
  3. CanSpace Solutions Inc shall have no liability to the Client for any loss, damage, costs, expenses, or other claims for compensation arising from any materials, equipment, or instructions supplied by the Client which are incomplete, incorrect, inaccurate, or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
  4. The entire liability of CanSpace Solutions Inc under or in connection with any contract for Service(s) shall not exceed the amount the Client has paid to CanSpace Solutions Inc for the specific Service(s) giving rise to the claim during the 12 months immediately preceding the event.
  5. In no event shall CanSpace Solutions Inc be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, regardless of whether CanSpace Solutions Inc has been advised of the possibility of such damages.
  6. CanSpace Solutions Inc shall not be liable to the Client or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond CanSpace Solutions Inc's reasonable control, including but not limited to acts of God, fire, flood, power outages, network failures, acts of government, or failures of third-party service providers.

Indemnification

The Client agrees to indemnify, defend, and hold harmless CanSpace Solutions Inc, its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Client's use of the Service(s); (b) any content hosted on or transmitted through the Client's account; (c) any violation of these Terms of Service by the Client; (d) any violation of applicable law or regulation by the Client; or (e) any claim by a third party related to the Client's use of the Service(s).

Severability and Assignment

  1. If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
  2. The Client may not assign or transfer this agreement, or any rights or obligations under it, without the prior written consent of CanSpace Solutions Inc. CanSpace Solutions Inc may assign this agreement at any time without notice to the Client.