TERMS OF SERVICE – C. MARSHALL PUBLISHING
This policy represents the C. Marshall Publishing Terms of Service in its entirety and supersedes any other written and oral policy. This policy defines the terms of service all C. Marshall Publishing customers agree to when they sign-up for any website hosting services, hire the company for other services, or buy one of the company’s products. C. Marshall Publishing reserves the exclusive right to revise any portion of this TOS policy at any time, with or without written notice to our customers.
All customers are obligated to comply with all policies in this TOS or must otherwise opt out of and cancel their service with C. Marshall Publishing. C. Marshall Publishing retains the sole discretion to make judgment regarding any violation by any C. Marshall Publishing customer and may take action against any customer deemed to be in violation of these terms. This may include the cancellation of the customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
- “We” “Us” or “Provider” or “C. Marshall Publishing” – editinganddesign.com
- “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
In consideration for C. Marshall Publishing maintaining one or more accounts (each “Account”), you, as the C. Marshall Publishing customer, agree to the following terms of service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly, not all services may be available to you at all times.
We offer a 99.9% uptime guarantee. This is valid for only the C. Marshall Publishing servers and our primary co-location internet connection. C. Marshall Publishing shall pursue partnerships and channel available to maintain maximum uptime, however, we are not responsible for any downtime caused by any provider’s hardware or network malfunction that is outside of C. Marshall Publishing’s capability to directly correct. C. Marshall Publishing clients are diverse and we cannot be held responsible for any service interruption due to client error, including but not limited to spamming, the target of a DDOS attacks, or any other internet or cyber-attack.
C. MARSHALL PUBLISHING MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither C. Marshall Publishing nor anyone else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of C. Marshall Publishing, even if C. Marshall Publishing has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL C. MARSHALL PUBLISHING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE C. MARSHALL PUBLISHING SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF C. MARSHALL PUBLISHING SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF C. MARSHALL PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL C. MARSHALL PUBLISHING’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO C. MARSHALL PUBLISHING FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, C. MARSHALL PUBLISHING. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold C. Marshall Publishing and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorney fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto C. Marshall Publishing servers. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to your business:
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
(b) any damage or destruction to C. Marshall Publishing equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by C. Marshall Publishing gross negligence or willful misconduct; and
(d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the Province of Alberta. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By C. Marshall Publishing
C. Marshall Publishing will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows C. Marshall Publishing members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. C. Marshall Publishing members will use the provided services in a manner consistent with any and all applicable laws. C. Marshall Publishing provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. C. Marshall Publishing reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, C. Marshall Publishing can terminate client’s account without notification.
C. Marshall Publishing provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with C. Marshall Publishing, you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of C. Marshall Publishing and any employee or contractor of C. Marshall Publishing.
C. Marshall Publishing will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of C. Marshall Publishing or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to C. Marshall Publishing or any third party. Customers may not run IRC, bots, or clients. Clients may not use C. Marshall Publishing servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. C. Marshall Publishing’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at C. Marshall Publishing. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. C. Marshall Publishing will be the sole and final arbiter as to what constitutes a violation of this policy. C. Marshall Publishing does not normally monitor the contents of clients servers, however if suspicion occurs, C. Marshall Publishing reserves the right to investigate and terminate the clients subscription to the service.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth assigned to them.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. A hosting account is considered using “Excessive amounts of resources” when it approaches 100% of its allocated space. C. Marshall Publishing may contact the client when they approach their limitations. To prevent service disruption for other customers, a hosting account that exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. C. Marshall Publishing will make every reasonable effort to notify customer prior to suspension, however, C. Marshall Publishing may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package. C. Marshall Publishing will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or “Spam” originating from a server located on our network or associated with a C. Marshall Publishing server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the C. Marshall Publishing network but is sent from an e-mail address not associated with that C. Marshall Publishing account. Client shall not use their C. Marshall Publishing services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. C. Marshall Publishing reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
C. Marshall Publishing allows third-party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack,” “exploit,” or “deface” their site(s) it is the responsibility of our clients to either remove that script or C. Marshall Publishing reserves the right to terminate that clients’ account and provide them with a prorated refund.
If any news groups or service providers contact C. Marshall Publishing concerning unethical, false, or unlawful activities by you, C. Marshall Publishing reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
C. Marshall Publishing provides the tools needed to create backups of account data. C. Marshall Publishing also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. C. Marshall Publishing does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
All prices listed are in CAD Dollars ($), for all services & servers unless otherwise specified.
Full payment is required in advance before hosting service is established. C. Marshall Publishing sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the order form (or other information that C. Marshall Publishing may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to C. Marshall Publishing prior to the renewal date and although C. Marshall Publishing sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying C. Marshall Publishing, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
If the customer refers a friend to C. Marshall Publishing’s hosting service, and the friend successfully signs up for hosting, both the customer and the friend will receive one month of hosting free. This free month will be “tacked” on at the end of their billing schedule. Example: If you signed up for hosting in April 2016, your next bill would arrive in April 2017. However, if you successfully refer a friend, your bill would not be due until May 2017. Note that domain renewal fees will still be due in the initial 12-month window.
It is the obligation of the C. Marshall Publishing customer to know when their account comes up for renewal and if their intention is to non-renew their account they must contact firstname.lastname@example.org 30 business days prior to their account’s renewal date to ensure that C. Marshall Publishing billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. C. Marshall Publishing clients receive email notification at least 7 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that C. Marshall Publishing has a valid email address for which we can send out renewal notices to our clients. If C. Marshall Publishing does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account 24 hours prior to the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with C. Marshall Publishing and does not apply to renewals of service.
Clients have the option to pay an invoice at any time by opening the invoice sent via email and following the directions. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to C. Marshall Publishing.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, C. Marshall Publishing will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may cancel your account at any time to make sure that your account is not renewed. You will need to contact email@example.com and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations.
Refunds are never available for domain registrations.
Domains are included in the price of the first billed year: however, if the client cancels their account at any time, they will be required to pay $15 and whatever transfer fees may be incurred to transfer the domain to another account.
Domain names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are at least $25/year plus applicable taxes, but that may vary depending on the TLD.
Refunds are not available for additional services such as, but not limited to domain names, dedicated IPs, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
Website files are the responsibility of the C. Marshall Publishing customer and should a C. Marshall Publishing customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the C. Marshall Publishing server prior to requesting that C. Marshall Publishing cancels their account. Once the cancellation request has been submitted to C. Marshall Publishing a cancellation of the website hosting service may occur any time after the request is received by C. Marshall Publishing and when a cancellation request is completed the client’s hosting account with C. Marshall Publishing and their website files are permanently removed from the C. Marshall Publishing servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement “SLA”
C. Marshall Publishing offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. C. Marshall Publishing will try to maintain maximum uptime. C. Marshall Publishing is not responsible for any downtime caused by the client.
30 Day Money Back Guarantee
C. Marshall Publishing offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable.
Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are a minimum of $15/year, but may be more depending on the TLD. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves C. Marshall Publishing hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to firstname.lastname@example.org