Terms of Service

Print

General Terms

As a provider of a web site hosting service, and other Internet-related services, Hill Communications Canada {HILLCOM} offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information.

HILLCOM respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, HILLCOM reserves the right to take certain preventative or corrective actions.

In order to protect these competing interests, HILLCOM has implemented our Hosting Terms, which explains certain terms of each customer's respective customer agreement and is intended as a guide to the customer's rights and obligations when utilizing HILLCOM's services. These Hosting Terms may be revised from time to time. Any changes will be posted on HILLCOM's web site, www.hill-communications.ca, and will constitute the customer's acceptance of any new or additional terms of the Hosting Terms that result from those changes.

Access to the Internet through the HILLCOM Server is a privilege, not a right, and carries with it certain responsibilities and duties. Our goal in establishing these Hosting Terms is to protect both our users and the larger Internet community from the consequences of irresponsible use of HILLCOM accounts and resources. HILLCOM Hosting Terms chiefly prohibits:

• acts that are illegal,
• acts that violate generally accepted standards for online behaviour,
• acts that misuse HILLCOM resources to the detriment of other users.

All customers, clients, and users of HILLCOM Hosting are required to comply with this Policy. All violations of the Hosting Terms will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

• Adult content is not allowed. This includes, but is not limited to, pornographic images, videos, text, and sound files.
• IRC servers, IRC bots, and Mush/Moo/Mud servers are forbidden
• Spam is strictly forbidden. Any instances of spam relating to your web site will result in account deactivation and a fine for each complaint we receive
• Sites which place an unreasonable load on the server due to excessive CGI scripts, etc. will be suspended and we will ask the owner to reduce the site load or move to a dedicated server.
• Hate literature, material in violation of copyright laws, and other illegal material are not permitted.
• CGI is not available/permitted on any of our virtual hosting plans

Use of the HILLCOM's service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Clients accept that they will not use their accounts illegally. Reports to HILLCOM about misuse of our services will lead into an investigation, furthermore we will suspend the clients account and any user in violation of our Hosting Terms will not receive a refund on their account.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your HILLCOM account:

• In a manner which violates any law, regulation, treaty or tariff;
• In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
• To threaten, harass, abuse or intimidate others;
• To damage the name or reputation of HILLCOM, its parent, affiliates and subsidiaries;
• To break security on any computer network, or to access an account which does not belong to you;
• In a manner which interferes with other customers' use and enjoyment of the services provided by HILLCOM.
or
• To operate a news service, newspaper, news e-magazine, or anything similar that resembles the Global Free Press, National Free Press, or any of the current and future Editions.

HILLCOM reserves sole discretion to determine whether any use of the service is a violation of this policy.

Hosting Accounts

The billing cycle runs from the date you bought the account, to the same day of the appropriate billing year. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month after such noted usage. Payment is due upon agreement of service.

A 60 day Notification will be sent to the customer’s designated email address prior to the termination date of the Hosting purchase. An automatic reminder has been programmed into your account to notify you when your account is about to expire. Customers will receive a grace period of 30 days after the set purchase date to renew their account. Refunds will be given at the discretion of the Company Management.

Refunds will not be prorated. If your account exceeds 30 days, and you have cancelled your service you will not be eligible to receive a refund.

Domain names are non refundable, and are owned by HILLCOM until such time they are transferred to the new owner. Cancellation of the Plan by the Client will result in all Domain Name payments made by HILLCOM up to the cancellation date, to be reimbursed by the Client. A Transfer fee of one hundred ($100.) dollars must be paid prior to the transfer action. Please note that the Transfer of a Domain Name results in the automatic Cancellation of the account and termination of the Client's Website and will result in a charge of one hundred and fifty ($150.) dollars added to any other Cancellation Charges.

HILLCOM may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein. Termination and Cancellation Charges will still apply.

Accounts that are unpaid and/or not renewed after three months will have their files stored and retained by HILLCOM. There is a service reconnection charge of one hundred and fifty ($150.) dollars. The account holder acknowledges responsibility for the account until payment in full is made.

Cancellation requests for HILLCOM accounts must be received by email 60 days prior to cancellation date. Cancellation requests may or may not take effect immediately and is determined by the reason. Refunds are at the sole discretion of Management.  Client Cancellation prior to the allotted contractual timeframe or without the 60 day written notice will result in a charge of one hundred and fifty ($150.) dollars, plus the appropriate Hosting Plan yearly charge.

HILLCOM accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of HILLCOM systems or networks. HILLCOM reserves the right to terminate or limit such activities.

Use of the HILLCOM Server

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.

HILLCOM is not responsible for Customer's files residing on HILLCOM. Customer is responsible for independent backup of all such data at a site determined by customer. HILLCOM cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. HILLCOM is in no way responsible for any data loss or damage arising from viral infection from the Internet. HILLCOM and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, HILLCOM Hosting Services. HILLCOM will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via HILLCOM Hosting Services is at your sole risk. HILLCOM specifically disclaims any responsibility for the accuracy or quality of information obtained through HILLCOM's Hosting Services. As a user you are warned that some Internet sites accessible via HILLCOM allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. HILLCOM is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts are not available for anyone under 18 years of age. HILLCOM network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal, state or provincial regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless HILLCOM from any claims resulting from your use of the service that damages you or another party. Any access to other networks through HILLCOM and our network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. HILLCOM and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall HILLCOM be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if HILLCOM has been informed of the possibility of such damages, or for any claim by any other party.

HILLCOM reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this HILLCOM Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of HILLCOM network after such notice shall constitute Customer acceptance of such modifications. Customer understands that HILLCOM services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 48 hours duration.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HILLCOM cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because HILLCOM cannot monitor or censor the Internet, and will not attempt to do so, HILLCOM cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

Website Terms of Use

When subscribers disseminate information through the Internet, they also must keep in mind that HILLCOM does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over HILLCOM's network and may reach a large number of people, including both subscribers and non subscribers of HILLCOM, subscribers' postings to the Internet may affect other subscribers and may harm HILLCOM's goodwill, business reputation, and operations. For these reasons, subscribers violate HILLCOM policy and the customer agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

1. knowingly interfere with the lawful use by others of any Service;
2. modify, reverse engineer or, decompile, disassemble, or create derivative works based on software provided by HILLCOM unless expressly permitted;
3. use the HILLCOM name, logo or trademark in any promotional materials, contracts, bills, or similar names or documents, or in association with the Customer's products or services without the express written authorization of HILLCOM;
4. use the Services to invade the privacy of third parties, impersonate HILLCOM personnel or other HILLCOM customers or tend to damage the name or reputation of HILLCOM, its affiliates or agents;
5. solicit HILLCOM customers to patronize competing services;
6. Intentional Harm -- cause or intentionally damage HILLCOM systems or other networks through HILLCOM systems or use any process, program, or tool via the Services for the purposes of guessing, deriving or in any other way attempting to obtain the passwords of HILLCOM, its service providers or customers of HILLCOM or any other service provider;
7. Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward HILLCOM, but also because it can overload HILLCOM's network and disrupt service to HILLCOM subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HILLCOM has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
8. Hacking -- use the Services to engage in the practice of hacking or any other unauthorized attempt to access or otherwise gain entry to the filter systems or network of HILLCOM, its customers, service providers or any other third party;
9. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. HILLCOM is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also HILLCOM's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
10. Obscene Speech or Materials -- Using HILLCOM's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. HILLCOM is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through HILLCOM's network.
11. Defamatory or Abusive Language -- Using HILLCOM's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
12. Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
13. Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). This specifically includes any attempt to violate or tamper with the security of any computer, equipment or program belonging to HILLCOM or any other service provider participating with or connected to HILLCOM Services;
14. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
15. Facilitating a Violation of these Hosting Terms -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate the Hosting Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
16. Usenet Groups -- HILLCOM reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the Hosting Terms.
17. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
18. Other Activities -- Engaging in activities, whether lawful or unlawful, that HILLCOM determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Concluding Terms

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. HILLCOM will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with HILLCOM policy or applicable law. When HILLCOM becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate, including contacting law enforcement agencies.

HILLCOM is also concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, HILLCOM urges its subscribers to assume that all of their on-line communications are insecure. HILLCOM cannot take any responsibility for the security of information transmitted over HILLCOM's facilities.

HILLCOM will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. HILLCOM may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HILLCOM may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. HILLCOM assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, HILLCOM may disclose subscriber information or information transmitted over its network where necessary to protect HILLCOM and others from harm, or where such disclosure is necessary to the proper operation of the system.

HILLCOM expects that its subscribers who provide any type of online service to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate HILLCOM policy. Finally, HILLCOM wishes to emphasize that in accepting the customer agreement, subscribers indemnify HILLCOM for any violation of the customer agreement, law, or HILLCOM policy, that results in loss to HILLCOM or the bringing of any claim against HILLCOM by any third-party. This means that if HILLCOM is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against HILLCOM, plus costs and reasonable attorneys' fees.

We hope these Hosting Terms are helpful in clarifying the obligations of Internet users, including HILLCOM and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of these Hosting Terms should be sent to  This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 
You are here:   HomeTerms of Service