Terms & Conditions

By submitting the LevelHosting Inc. online order form, Subscriber hereby agrees to the following:

In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:

• Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
• Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Subscriber agrees to a no-refund policy in advance for Colocation. Setup fees, Domain Registrations and Administrative Fees are non-refundable.
• Colocation rental charges will be incurred immediately at signup for a full month of service. Your account will be pro-rated and billed on the 1st of each month thereafter.
• Non-Payment of services after 3 days past the due date shall result in a disconnection. All payment failures must be cured within 3 days of notice. Subscribers failing to secure payment within 3 days of notice will incur service interruption and $50 CDN reconnection fee for a colocated server. If payment is not received in full by the 5th of each month server(s) will be taken offline and reclaimed by LevelHosting Inc.
• Service Cancellations must be submitted to Accounting through our ticket system Ticket System to Sales no later than 5pm 5 business days ahead of the monthly renewal date. Example, for cancellation of service for May 10th, subscriber cancellation must be received before 5 PM May 5th to avoid payment for May service. Cancellation request must include the last four digits of the credit card used for signup, user/pass to server, and IP address for server, and when the server should be taken offline. Subscriber failure to make a proper cancellation request on time will result in regular billing cycle for subscriber hosting or server(s).
• Levelhosting Inc. is not responsible for data integrity on equipment reclaimed for non-payment.
• This agreement can be updated at any time with or without notice to subscriber.
  

Subscriber agrees to adhere to the Levelhosting Inc. Acceptable Usage Policy at http://www.levelhosting.ca/aup.html

Subscriber agrees to abide by Technical support limits set on Virtual Hosting web page located at https://www.levelhosting.ca/hosting.html

Subscriber agrees not to engage in activity that violates federal (Canadian), province (Ontario) or local (Toronto) laws applicable to the service terms described herein.

Levelhosting Inc. reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Use.

Subscriber agrees to indemnify and hold harmless LevelHosting Inc. and the employees and agents of LevelHosting Inc. against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

LevelHosting Inc. SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE LevelHosting Inc. SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS LevelHosting Inc. PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED LevelHosting Inc. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND LevelHosting Inc. SHALL HAVE NO LIABILITY THEREFORE.

Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 CDN SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE CANADIAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or LevelHosting Inc. as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.