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Terms and Conditions of Service

The website located at https://excellenthost.com (including any domain aliases and subdomains located within the domain excellenthost.com) is operated by Cian Technologies Inc. (“ExcellentHost” or the “Company”). These terms and conditions of service (the “Terms and Conditions”) are applicable to your access of ExcellentHost, and to your use of the products and services offered through ExcellentHost (the “Services”). By using any of the Services, either directly or through a reseller, you hereby acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions.

1. Scope

a)   Amendments. ExcellentHost may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the ExcellentHost website. Your continued use of the ExcellentHost website and its products or services signifies your acceptance of any revised Terms and Conditions, so check back frequently to read the most recent version. ExcellentHost may choose to provide you with prior written notice if the changes significantly impact your services, but ExcellentHost will do this solely at its own discretion and is in no way obligated to provide notice.

b) Acceptance. You must read and accept the Terms and Conditions, ExcellentHost’s privacy policy (the “Privacy Policy”) and ExcellentHost’s acceptable use policy (the “Acceptable Use Policy”) and other policies applicable to other services, found at https://excellenthost.com/legal before you can use the ExcellentHost website or any of the Services. By accessing and continuing to use the Services, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the Services.

2.  Intellectual Property

(a) Content. The ExcellentHost web site, its design, all text, graphics, content, video, audio and the selection and arrangement of ExcellentHost’s website are the property of the Company, and are protected under the copyright laws of Canada and other countries. None of the content found on ExcellentHost may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company.

(b) Trademarks. “ExcellentHost”, ExcellentHost’s logo and all other related trademarks and design marks displayed on ExcellentHost’s website (collectively, the “Trademarks”) are common law trademarks of the Company. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on ExcellentHost’s website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or the other party that may own the applicable trademarks.

(c) Copyright. All content included on the ExcellentHost site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by Canadian and international copyright laws.

3. Use of site

(a) Eligibility. You may use the ExcellentHost website or access and purchase any of the Services only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the ExcellentHost website if you live in a jurisdiction where access to or use of the ExcellentHost website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the ExcellentHost website is lawful, and you must comply with all applicable laws. If your registration for the Services is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.

(b) Unauthorized Use. Unauthorized use of ExcellentHost website and/or the content contained on ExcellentHost may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of that content on any other web site or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of ExcellentHost or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of ExcellentHost or its contents; any downloading or copying of account information from ExcellentHost for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on ExcellentHost. Neither the ExcellentHost website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company.

(c) Content. You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

(d) Limit Access. In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the ExcellentHost website.

4. Account Creation, Maintenance, Modification and Cancellation

(a) Account Creation. If you are eligible for the Services as set out in Section 3(a), you can create an account on the ExcellentHost website by filling in the prescribed form. The Services may be accessed only by use of your login email address (username) and password. You are solely responsible and liable for any use and misuse of your username and password and for all activities that occur under your username and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Company. The Company recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

(b) Account Accuracy. If you order any of the Services, you agree to maintain accurate information in your profile accessible through the My Account/Client Area interface located at https://excellenthost.com/client-area (“My Account”) while you are using the Services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information in My Account within ten (10) days of any change. You agree that the Company may use and rely on any such information provided by you for all purposes in connection with the Services, subject to the Privacy Policy. Should you provide any information that is inaccurate, misleading or incomplete, or if the Company has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, the Company has the right, in its sole discretion, to suspend or terminate the Services and/or close your account with ExcellentHost. All usernames and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any username or password.

(c) Account Maintenance and Security. You agree to use the Services and your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account in accordance with the Acceptable Use Policy. You agree that you are entirely responsible for any and all activities that occur under your account associated with the Services. You agree to notify ExcellentHost immediately of any unauthorized use of your account or of any other breach of security. You agree ExcellentHost will not be liable for any loss that you may incur as a result of a third party else using your account access information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by the Company or another party due to someone else using your account access information. The Company advises you keep your account access information in a secure location and take precautions to prevent others from gaining access and/or using your account access information. You may not, under any circumstance, compromise the security of your account associated with the Services or of the Company’s infrastructure in any way.

(d) Account Suspension. ExcellentHost can suspend or terminate without prior notice any accounts that do not comply with the Terms and Services in order to maintain a safe and secure environment for our clients. ExcellentHost will attempt to notify you in case of any suspensions or cancellations related to the Services. In some circumstances, ExcellentHost may suspend an account without prior warning to avoid serious harm or service degradation.

(e) Account Cancellation. You may cancel the Services and your account and also prevent an automatic renewal of the Services by requesting a cancellation through My Account at least 10 days prior to the Service’s expiry date. The cancellation request must include all the necessary details to allow ExcellentHost to properly identify the account in question, including your full domain name and hosting account type.

5.      Services

(a) Courtesy Backups. For certain services, ExcellentHost provides courtesy backups to help protect your data. However, backups can occasionally fail. Under no circumstance will ExcellentHost be held responsible for any loss resulting from incomplete or incorrect backups even if caused by negligent acts of the Company. By using the Services, you agree to maintain your own complete backups of all data stored on ExcellentHost’s servers at all times. No insurance, warranties or guarantees are provided for any of the data or backups stored on ExcellentHost’s servers.

(b) No Courtesy Backups for Large Accounts. In the case of the courtesy backups we may take of your account for our SSD Shared Hosting and SSD Multi-Account plans, accounts using more than 10 Gigabytes of disk space or using more than 100,000 files may have their backup service automatically disabled in order to maintain ExcellentHost’s sever performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Support team.

6.   Other Policies

(a) Privacy Policy. You have read the Privacy Policy, which are incorporated by reference into these Terms and Conditions, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by the Company in accordance with the terms of and for the purposes set out in the Privacy Policy.

(b) Acceptable Use Policy. You have read the Acceptable Use Policy, which are incorporated by reference into these Terms and Conditions, and you agree that the terms of the Acceptable Use Policy are reasonable.

7.   Payments, Pricing and Refunds

(a) Payments. ExcellentHost accepts payments for the Services by Visa, Mastercard and PayPal (which includes American Express). For amount exceeding $50.00 and on special request, ExcellentHost also accepts payments by check and for Canadian customers paying in Canadian dollars, Interac email transfer. A first payment is required prior to the activation of a service ordered on the ExcellentHost website, and all subsequent invoices must be paid in full prior to their due date. Any overdue invoice for the Services carries an interest rate of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of $35.00, plus taxes. ExcellentHost reserves the right to suspend the Services until all applicable fees, including interest and chargeback fees are settled in full.

(b) Currency. ExcellentHost offers prices for the Services in both United States dollars (“USD”) and Canadian dollars (“CAD”). During the checkout process, you will be able to choose the appropriate currency. If you wish to alter the currency of the Services after the initial order has been placed, please contact our billing department.

(c) Renewals. ExcellentHost generates renewal invoices automatically for all your active services at least 10 days prior to their expiration date. When an invoice is generated, ExcellentHost sends you an email notification regarding the invoice and also makes the invoice available to you in My Account. Unless otherwise requested, ExcellentHost will attempt to charge the payment method on file approximately 3 days prior to your invoice’s due date. If you do not wish to renew a service, please submit a service cancellation request or update your auto-renewal settings through My Account at least 10 days prior to your service’s renewal date in order to avoid being charged for its renewal.

(d) Credit Cards. By making any purchase by credit card or by adding a valid credit card to My Account, you authorize ExcellentHost to automatically attempt to charge this credit card for any upcoming or overdue invoices on your account, until otherwise requested. You may manage and remove your credit card information on file from My Account at any time.

(e) Taxes. For Canadian residents, regardless of currency selection, we charge applicable sales taxes on top of the pricing shown on the ExcellentHost website, according to your billing province as identified when you initially place an order for the Services or as updated from time to time through My Account.

(f) Notifications. You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Any of the Services you subscribe for but are not paid on their due date risk being suspended, and may be irrevocably terminated permanently shortly after, at ExcellentHost’s sole discretion. Should you wish to reactivate your services after they have been suspended or terminated, a reactivation fee may applies as set out in the Additional Fees.

(g) Orders. The Company reserves the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of the Company.

(h) Refunds. All payments made to ExcellentHost are non-refundable and final. Any double payments, billing errors or incorrectly billed amounts may be adjusted if you notify our billing department within 30 days of the invoice due date. Billing errors can be refunded for a maximum retroactive period of 2 months. Any refunds, if applicable, can only be issued using the same payment method for payments made by credit card or by PayPal. Payments made by check or Interac Email Transfers can only be refunded as account credit applicable for use with the Services.

8.   Feedback

(a) Customer Content. The Company enables visitors to ExcellentHost to provide the Company with reviews, feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant the Company the right to use the name you submit with the Customer Content, if any, in connection with the Company’s rights set out in this section.

9.      Liability Disclaimer – READ THE FOLLOWING CAREFULLY

(a) No Warranties. Except as explicitly provided in these Terms and Conditions as amended from time to time, the Company and its affiliates make no representations or warranties of any kind, express or implied, regarding ExcellentHost, the Services and/or any content, products or services provided on ExcellentHost, all of which are provided on an “as is” and “as available” basis. The Company does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of ExcellentHost, the Services, or any of the content or data found on ExcellentHost, and expressly disclaim all warranties and conditions in respect of the Services, ExcellentHost, its content or data, and any products or services offered for sale on ExcellentHost, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

(b) Unavailability. The Company and its affiliates are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

(c) Your Equipment. The Company and its affiliates assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on ExcellentHost or the Services.

(d) Maximum Liability. If the Company and/or its affiliates should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Services, ExcellentHost, or its content, or any of the products or services offered on ExcellentHost, the liability of the Company and the Third Parties will in no event exceed in the aggregate $25 CAD.

(e) Maximum Liability. In no event will the Company and its affiliates be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Services, ExcellentHost or its content, the operation of this website or any failure or delay in the operation of this website (including, but not limited to the inability to use the Services or any component of  ExcellentHost for purchases), or any of the products or services offered on ExcellentHost, even if advised of the possibility of damages.

(f) Indemnification. You will indemnify and save harmless the Company and its affiliates and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Services and ExcellentHost.

(g) Force Majeure. ExcellentHost will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold the Company and its affiliates liable for any of the consequences of such interruptions.

(h) Survival. The provisions of Section 9 (Liability Disclaimer) shall survive the termination of the Services and your access to ExcellentHost.

10.  General

(a) Jurisdiction. You consent and submit to the exclusive jurisdiction of the courts located in the City of Surrey or the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of ExcellentHost, the Services and the Terms and Conditions. This Agreement and its performance will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable in that Province.

(b) Severability. These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

(c) Headings. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

(d) Entire Agreement. These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between the Company and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by the Company as set out above.

(e) Electronic Communications. When you visit ExcellentHost, use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(v2 09/2020)