Terms of Service
Applicable to all ManaWeb customers
The following policies apply to all customers of ManaWeb services. By subscribing to ManaWeb services, including subscription through a third party, representative, or marketing partner, YOU ACCEPT THE POLICIES DESCRIBED IN THIS DOCUMENT AND AGREE TO COMPLY WITH THEM. The service map is defined as the description of the hosting package as presented on the ManaWeb website. In this document, sections identified by ManaWeb Hosting apply to shared hosting plan subscribers.
General Terms of Agreement
ManaWeb commits to providing the Customer with Internet connectivity services, hosting space, and Internet traffic, as specified in the service map. ManaWeb commits to devoting all reasonable commercial efforts to ensure the best possible service to the Customer.
Privacy Policy
ManaWeb commits to using personal information transmitted by the customer only within the framework of its daily operations and not to disclose this information to other parties without the prior authorization of the concerned customers, except to law enforcement authorities if requested by such authorities, and to collection agencies when necessary. ManaWeb may use the company or customer name, as well as comments submitted by the customer as references in its advertising or website content. The customer may, at any time, send an email notice requesting that their name or comments not be used.
Consent
By accepting the terms of use, you consent to the use of your personal data for the purposes provided herein. You understand that your personal data may be processed by ManaWeb unless you withdraw your consent. You may withdraw your consent at any time by contacting ManaWeb.
Internet Connectivity Services
ManaWeb commits to providing the Customer with Internet connectivity services, IP addressing, and Internet traffic, as specified in the service map. The Customer agrees to use bandwidth in compliance with acceptable use policies.
IP Addresses
Any IP address assigned to the Customer by ManaWeb must be maintained by the Customer efficiently and in accordance with ARIN standards, and must be used at 80% within thirty (30) days of its assignment to the Customer by ManaWeb. Failure to comply with this section may result in the revocation of the IP address by ManaWeb after five (5) days' notice to the Customer. ManaWeb will maintain control and ownership of any number or address from the internet protocol that may be assigned to the Customer by ManaWeb. ManaWeb also reserves the right to modify or withdraw this internet protocol at its discretion.
Other Services
If requested by the Customer, ManaWeb may, at its discretion, provide the Customer with technical or non-technical support, as the case may be, other than that included in the service map, particularly with respect to system restarts, troubleshooting, script and programming diagnostics, DNS service, or any other type of support ("other services"), in connection with the Customer's use of the Customer space and Bandwidth Services. Unless otherwise agreed by the parties, the Customer agrees to pay for the provision of these other services at a rate of CA$125 per hour, billed in blocks of at least 30 minutes each.
Equipment Installation, Removal, Ownership, and Access
ManaWeb is responsible for equipment installation and is the sole owner of the equipment used by the customer. The customer does not own and cannot exercise any rights over the equipment. Access to equipment is not permitted. A data center visit can be arranged by appointment and under the supervision of a ManaWeb staff member. The customer will under no circumstances be authorized to work on or make modifications to the equipment.
Immediate Threat
If, in ManaWeb's reasonable opinion, the hosted site or server constitutes an immediate threat to the integrity or performance of ManaWeb's equipment or network or any other service user, or constitutes an immediate threat to any person's security, ManaWeb may then take such measures as it deems necessary, without notice to the Customer and without incurring liability for damages that may then be caused by any interruption in the Customer's business operations (or those of its customers, as the case may be). As soon as possible after such work is completed, ManaWeb will notify the Customer by email of the nature of the work performed or measures taken, as the case may be.
Relocation
In the event that ManaWeb requests by email, the Customer agrees to relocate their site or server(s) to the new location offered by ManaWeb within thirty (30) days of receiving notice to that effect.
Insurance
The Customer agrees not to hold ManaWeb liable and to indemnify it against any claim, liability, injury, death, or material damage that may result from or arise from the Customer's use and/or occupation of the rented hosting space. ManaWeb will in no case be held responsible for any loss, theft, disappearance, damage, or destruction of any personal property, including Customer data recorded or placed by the Customer in the rented space or surrounding property, regardless of cause. Under no circumstances will ManaWeb be required to provide insurance for equipment owned by the Customer or data hosted by the Customer.
Customer Default
If the Customer is in default with respect to any of their obligations under this Agreement, ManaWeb may at its discretion take any or all of the following measures: (i) suspend access to the Customer's space without notice; (ii) if the Customer is in default due to non-payment of any amount due to ManaWeb, ManaWeb may exercise all rights and remedies conferred on a security holder under applicable laws, including and without limiting the foregoing, proceed by respecting the shortest notice period provided by law (if any).
Billing Method
Unless otherwise notified by the Customer, ManaWeb service billing communications are made by email. The first invoice must be paid prior to account opening. Subsequent invoices must be paid in full no later than fifteen (15) days after receipt of the invoice.
Payments
All recurring monthly fees are payable in advance according to the term chosen by the Customer (such as monthly, quarterly, annual). The first month of service payment, as specified in the service map, must be paid by the Customer to ManaWeb upon account opening. All amounts must be paid in dollars (CA$) within fifteen (15) days following the date appearing on invoices issued by ManaWeb, said invoices being issued 15 days before the end of the paid period. Any payment not made when due will bear interest at the rate of two percent (2%) per month, compounded monthly (corresponding to an annual interest rate of 26.86%). Any check or bank withdrawal that is returned for insufficient funds will result in management fees of CA$20.
Automatic Credit Card Payments
In the case of credit card payments, ManaWeb will use the information in its possession to make a payment on the billing date. The customer will not receive notice prior to payment. They will receive notice after each charge made to the credit card. If the customer wishes to deactivate automatic payment, they simply need to contact customer service through their client hub by selecting the Finance section and then the "contact Billing" option. If the customer then wishes to re-activate automatic payment, during a manual payment, they simply need to select the "automatic payment" box. By submitting a first payment or re-activating the automatic payment option, the customer confirms that they have read and accept these operating conditions for automatic payment. Additionally, the customer therefore authorizes ManaWeb to charge the amount of the balance to be paid on the credit card used. The customer therefore also authorizes their credit card issuing financial institution to charge their account for amounts related to ManaWeb services. This authorization will be valid until an authorized person on the account requests to suspend automatic payment.
Payment Default
Following a payment default, a 48-hour notice to remedy will be sent. In the event that payment is not made within the prescribed deadline, the account will be temporarily suspended for non-payment. This suspension will be carried out by cutting FTP access and modifying the homepage. A fee of CA$25 will be required to reactivate the account in addition to the total payment of outstanding invoices, regardless of the type of service.
Modification of Payable Fees
With at least thirty (30) days notice before the end of the term, ManaWeb may modify the fees payable under this Agreement. The Customer agrees to pay all taxes imposed on the services covered in the service map (as modified from time to time by the parties) or on other services covered in the other services map provided by ManaWeb, as applicable under this Agreement.
Cancellation or Non-Renewal of Agreement
The agreement is automatically renewed at the end of each payment period. Either party may terminate this Agreement on the monthly anniversary date of the product (The monthly anniversary date corresponds to the day of the month on which the account was opened. For example, if your account opening date is September 8, requested changes can be made on the 8th of each month) or after the end of the commitment period indicated on the service map, (i) without cause, with 48 hours written notice before the monthly anniversary date to the other party; or (ii) if the other party (x) is in default with respect to a material element hereof (this includes any default by the Customer to make a payment when due) and if they have not remedied this default within a reasonable time following receipt of a notice issued by the other party noting it; or (y) voluntarily becomes the subject of proceedings taken under bankruptcy or insolvency legislation, or involuntarily becomes the subject of proceedings taken under bankruptcy or insolvency legislation that is not dismissed within sixty (60) days of their filing.
The request for account closure or non-renewal must be accompanied by the Customer's signature, unless this request is made via the "Client Hub" control panel accessible online on the ManaWeb.com website. This request can be sent by fax to: +1 (514) 286-1815 or by mail to: ManaWeb, 20 Place du commerce, Île des Soeurs, Montreal (Quebec) H3E 1Z6, CANADA. The account closure notice must contain the domain name of the account to be cancelled or the server identifier, the Customer's name, the Customer's signature, and the reason for account cancellation.
Email Services and Backups
ManaWeb does not guarantee the availability, reliability, or continuity of email services. Email services are provided "as is" without any express or implied warranty. ManaWeb cannot be held responsible for:
The loss, corruption, or non-delivery of emails
Temporary or permanent interruptions of email service
The backup of emails and data associated with email services
Backups of mailboxes, emails, contacts, and any other data related to email services are the exclusive responsibility of the Customer. The Customer acknowledges that it is their responsibility to:
Maintain regular backups of their emails and associated data
Implement their own backup solutions
Regularly verify the integrity of their backups
Account Modifications or Service Map Changes
Any change to the service map or account change signifying an increase in the monthly amount paid by the customer can be made at any time at the customer's request. Any change to the service map or account change signifying a decrease in the monthly amount paid by the customer can only be made after the end of the commitment period indicated on the service map or, when there is no current commitment, only from the next monthly anniversary date of the product concerned.
Refund Policy
Amounts paid in advance cannot be refunded after the satisfaction guarantee which ends 30 days after the service delivery date. However, on the monthly anniversary date of the product concerned and after the end of the commitment period indicated on the service map, a credit equivalent to the amounts paid in advance may be applied to the Customer's account for the purchase of other products or services sold by ManaWeb. Billing errors can be credited for a maximum retroactive period of two (2) months.
Payment Obligation
The Customer is obligated to pay their account even if they make no use of it. Upon opening an account, ManaWeb assigns and reserves hosting space, resources, and equipment according to the client's needs; the Customer therefore has the possibility to use their account as they wish from its implementation.
Credit Authorization
The Customer hereby authorizes ManaWeb to obtain credit information as well as banking and financial references concerning the Customer, for the purposes of evaluating the Customer's credit quality, and the Customer agrees to execute and deliver to ManaWeb such other documents and assurances and to take such other measures as ManaWeb might reasonably require from time to time to realize the intent and purpose of this article.
Satisfaction Guarantee
The Customer has 30 days after their account opening date to cancel it with a refund. Certain restrictions apply. The exact conditions of the satisfaction guarantee can be requested at any time from ManaWeb.
Network Availability Guarantee
ManaWeb guarantees its network availability at 100%. Certain restrictions apply. The exact conditions of the network availability guarantee can be requested at any time from ManaWeb.
Power Supply Availability Guarantee
ManaWeb guarantees power availability at the data center at 100%. Certain restrictions apply. The exact conditions of the power supply availability guarantee can be requested at any time from ManaWeb.
Limited Liability
THE CUSTOMER ACKNOWLEDGES THAT ManaWeb ALLOWS OTHER SERVICE USERS TO INSTALL THEIR SITES AND SERVERS IN ITS FACILITIES. ManaWeb SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES CAUSED TO THE CUSTOMER (OR THE CUSTOMERS OF THE LATTER) DUE TO AN ACT OR THE MATERIAL OF ANOTHER SERVICE HOLDER OR THE FAILURE TO ACT ON THE PART OF ANOTHER SERVICE HOLDER. THE CONTRACTUAL, TORTIOUS (INCLUDING DUE TO NEGLIGENCE), LEGAL OR OTHER LIABILITY OF ManaWeb TOWARDS THE CUSTOMER (OR THE CUSTOMERS OF THE LATTER) RELATING TO THE PERFORMANCE OR NON-PERFORMANCE, AS THE CASE MAY BE, OF ANY OBLIGATION ARISING FROM THIS AGREEMENT, WITH RESPECT TO ANY CLAIM WHATSOEVER, IS LIMITED AND SHALL IN NO CASE BE GREATER THAN THE TOTAL FEES PAID BY THE CUSTOMER TO ManaWeb UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. ManaWeb SHALL IN NO CASE BE LIABLE FOR LOSS OF PROFITS OR SPECIAL, INDIRECT, ACCESSORY, INCIDENTAL OR PUNITIVE DAMAGES.
Force Majeure
Neither party shall be liable for any delay, interruption or non-performance of any of its obligations due to an act of God, declared or undeclared war, terrorist attack, fire, storm, extended power outage, landslide, earthquake, computer attack, computer virus or any other similar event over which the affected party has no control ("force majeure"). In the event of force majeure, the party invoking force majeure must notify the other party as soon as possible. The party invoking force majeure undertakes to devote all reasonable commercial efforts to end the impact of the force majeure or remedy it. However, this article may not be invoked to excuse failure to make a payment when due.
Backup Copies
ManaWeb will make every effort to maintain backup copies of server content and implements a complete backup mechanism for all its shared hosting solutions. Nevertheless, the customer must, at all times, ensure they have a backup copy of their sites and databases, as well as all content hosted in their space. ManaWeb cannot under any circumstances be held responsible for damages resulting from data loss.
Resale
The Customer may, in the normal course of their business operations, resell the services to their customers for their own use subject to compliance with all conditions and terms set forth in this Agreement. The Customer will act as the sole point of contact regarding said customers and ManaWeb and the Customer will remain responsible for all fees and other costs payable under this Agreement. The act or omission on the part of such a customer that would constitute a breach of this Agreement if it were the Customer's act, will be deemed to constitute a breach of this Agreement by the Customer. The Customer further agrees to defend, compensate and hold harmless ManaWeb, its officers, directors and employees (collectively called the indemnified), from any damage, costs and expenses, including reasonable legal fees, arising from or occurring due to any act or omission on the part of such a customer that would constitute a breach of this Agreement or otherwise from the performance or non-performance of a party having any connection whatsoever with this Agreement.
Property and Copyrights
The Customer represents and certifies that they are either the owner of the content they host, or that they hold all required rights regarding said content allowing them to place said content in the served locations.
Entirety of Agreement
This Terms of Service Agreement, the conditions of use and its annexes constitute the entirety of the agreement between the parties, and take precedence over any other proposal, discussion or prior writing between the parties on this subject. SUBJECT TO ANY EXPRESS STIPULATION IN THIS AGREEMENT, ManaWeb MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR LEGAL AS TO MERCHANTABILITY, DURABILITY OR SUITABILITY FOR THE USE TO WHICH THE GOODS OR SERVICES COVERED WOULD BE INTENDED, OR AS TO THEIR OWNERSHIP OR OTHERWISE COMPLIANCE, OR AS TO ANY OTHER WARRANTY OR CONDITION EMANATING FROM A LAW OR RIGHT, OR IN THE COURSE OF COMMERCIAL TRANSACTIONS OR PRACTICES.
Severability and Reinstatement of Provisions
If any part of the provisions of this agreement is deemed unenforceable or illegal or otherwise becomes unenforceable or illegal, said part shall be reinstated to the extent necessary to ensure that this agreement remains in force regarding the other terms and conditions stipulated therein and to the extent that the affected provision is thus reinstated.