Montreal Server Colocation furnishes to the Customer, this server colocation service, conditional
This agreement represents the complete agreement and understanding between Montreal Server Colocation
and the account holder (hereinafter called the Customer) and supersedes any other written
or oral agreement. This agreement also works in direct conjunction with our
Acceptable Use Policy (AUP)
and must also be respected at all times.
Upon notice published online via the Montreal Server Colocation website, Montreal Server Colocation
may modify these terms and conditions, amplify them, and/or modify the prices, as well
as discontinue or change services offered. It is of the full responsibility of the
IMPORTANT: USE OF OUR SERVER COLOCATION FACILITY OR OF YOUR WEB HOSTING ACCOUNT WITH
MONTREAL SERVER COLOCATION CONSTITUTES YOUR FULL APPROVAL OF THESE TERMS AND CONDITIONS AND SIGNIFIES
Last updated on May 10, 2010 at 10.06 AM EST.
1. Montreal Server Colocation makes no warranties of any kind, whether expressed or implied, for
the service it is providing. Montreal Server Colocation also disclaims any warranty of merchantability
or fitness for a particular purpose. Montreal Server Colocation will not be responsible for any damages,
directly or indirectly that the customer could suffer in the case of any outage.
This includes, but is not limited to, loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of third parties or power disturbances.
2. Services provided to the Customer by Montreal Server Colocation may only be used for lawful
purposes. Transmission or publication of any information, data or material in violation
of any U.S. Federal or state regulation or law is prohibited. This includes, but is not
limited to, material protected by copyright, trade secret or any other statute,
threatening material or obscene material. Montreal Server Colocation reserves the right to completely
shutdown a website, or to remove any and all materials which infringe on copyright
work. Such materials will be removed at any time upon receiving a complaint and
or notice of copyright infringement.
3. Customer agrees to defend, hold harmless and expeditiously indemnify Montreal Server Colocation
from any liability, claim, loss, damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained in this Policy and resulting from
the Customer's use of the service.
4. Montreal Server Colocation accounts cannot be transferred or used by anyone other than the
subscriber. Customers may not sell, lease, rent or assign the connection or parts of
the connection to any party not named in this Policy. Customer may allow FTP access
to Montreal Server Colocation's servers and host websites for its customers without violating this
Policy, provided Customer only uses it's designated allocated hosting areas and the
conditions that apply to that Customer under the plan he or she has selected.
5. Montreal Server Colocation reserves the right to cancel any service for any reason without prior
notice. In case of cancellation, unused fees may be returned to the subscriber on a
pro-rata basis. Fees for setup and the first month's service are not refundable. If a
customer re-registers after Montreal Server Colocation's cancellation of the account without our
written consent, Montreal Server Colocation will cancel Customer's account and all dues and
fees paid to date regardless of whether service has been rendered will be forfeited.
Additionally, any amounts due will be immediately payable.
6. Setup fees are not refundable under any conditions.
7. At the time of account cancellation, a Cancellation Code will be provided.
If accounts are billed in error after the Cancellation date, credits will only be
issued with a valid Montreal Server Colocation Cancellation Code. If cancellation is done in writing,
it will be the responsibility of the Customer to contact Montreal Server Colocation for the Cancellation
8. Additionally, CUSTOMER agrees not to utilize any of Montreal Server Colocation's Web hosting
services, equipment or email addresses once account has been cancelled.
9. Customer agrees not to transmit, promote, or otherwise make available any software,
product or service that is either illegal or designed to violate this Agreement. Such
software, products or services include, but are not limited to, programs designed to send
unsolicited advertisements (i.e. "spamware") and services which send unsolicited
10. Montreal Server Colocation requires that its agreements be made with a person who is qualified
to contract. As such, Customer or subscriber must be over the age of eighteen (18) years,
or must be of legal age in his or her country of residence. Otherwise, a parent or
guardian must accept this agreement and enclose the proper payment. Montreal Server Colocation cannot
accept payments from persons who are not at least eighteen (18) years of age, nor can
we accept agreements from persons who are not at least eighteen (18) years of age, or
of legal age in their country of residence.
11. Customer shall ensure that its use of Montreal Server Colocation's network services shall not
disrupt Montreal Server Colocation, its associated networks or equipment forming part of the systems.
In instances in which an excessive amount of system resources are utilized by a
subscriber, Montreal Server Colocation reserves the right to place CPU process limits on the Customer's
account or any other necessary means to prevent disruption of service to other customers.
Customers shall not transmit any communication where the meaning of the message, or its
transmission or distribution, would violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive basis to any Montreal Server Colocation user or to any
directly or indirectly attached network. Use of Montreal Server Colocation's connection in a manner
that is disruptive, damaging, unlawful, offensive, or intrusive as determined by
Montreal Server Colocation shall be considered a breach of this Policy and may result in the complete
cancellation of service. This prohibition extends to sending of unsolicited mass mailings
from another service which in any way implicates the use of Montreal Server Colocation's services,
Montreal Server Colocation's equipment or any site hosted on any Montreal Server Colocation's family of networks located
all over the world.
12. Customer warrants that any material submitted for publication on Montreal Server Colocation does
not violate or infringe any copyright, trademark, patent, statutory common law or
proprietary interest of others or contain anything obscene or libelous. Montreal Server Colocation
fully reserves the right to remove any and all materials which infringe on any copyright
work. Such materials will be removed at any time upon receiving a complaint and or
notice of copyright infringement.
13. If Montreal Server Colocation becomes aware of material that could be infringing on a third
party's copyright, it will initiate an investigation. To conduct an investigation of
copyright infringement, the Complainant must submit at least two items. First,
Complainant must submit a claim in writing with the applicable copyright or trademark
registration number and a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good faith certification signed
under penalty of perjury. This certification must state that the work is the property
of the Complainant, that the work has been copied and that use of the work is not
defensible. With this information in-hand, Montreal Server Colocation, at its discretion, may, at any
time deny access to the challenged material of Customer.
14. Use of other organizations' networks or computing resources is subject to their
respective permission and usage policies.
15. Use of Montreal Server Colocation's hosting services could involve listing subscriber's
participation in relevant directories, and subscriber expressly grants permission
for such listings.
16. Although all hosting plans permit unlimited data transfer, each plan is subject
to a surcharge in the event usage exceeds the allotted free bandwidth for that plan.
Customer is responsible for charges related to bandwidth exceeding the plan's allotted
17. Digital Millenium Copyright Act: If you believe that your work has been copied
in a way that constitutes copyright infringement by a Montreal Server Colocation customer ("the
Customer"), you ("the Complaining Party") must first provide Montreal Server Colocation’s Copyright
Agent with the following information in writing ("the Notification"):
(1) An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed;
if multiple copyrighted works at a single site are covered by a single notification,
then include a representative list of such works at that site;
(3) A description of where the material that you claim is infringing is located on
the site sufficient to permit us to locate the allegedly infringing material;
(4) Your physical address, telephone number, and email address;
(5) A statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(6) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Once we have received your email complaint, we will notify you of the correct procedure
thereafter to successfully pursue the matter.
Once you have correctly satisfied our Copyright Protection Policies, Montreal Server Colocation will:
(1) Remove or disable access to the material that is alleged to be infringing;
(2) Forward the written notification to the alleged infringer ("the Customer");
(3) Take reasonable steps to promptly notify the Customer that it has removed or
disabled access to the material.
In response, the Customer may send a "Counter-Notification" to Montreal Server Colocation. To be
effective, the Counter-Notification must be in writing and include the following
(1) The Customer’s physical or electronic signature;
(2) Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was removed or
access to it was disabled;
(3) A statement under penalty of perjury that the Customer has a good faith belief
that the material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled;
(4) The Customer’s name, address, and telephone number, and a statement that the
Customer consents to the jurisdiction of the Federal District Court in which the address
is located, or if the Customer is outside the United States, for any judicial district
in which Montreal Server Colocation may be found, and that the Customer will accept service of process
from the person or his agent who provided the original Notification.
Upon receipt of the written Counter-Notification containing the above information
by the Customer, and only upon receiving such Counter-Notification, Montreal Server Colocation will:
(1) Provide the Complaining Party with a copy of the Counter-Notification;
(2) Inform the Complaining Party that it will replace the removed material or
cease disabling access to it within ten (10) business days;
(3) Replace the removed material or cease disabling access to the material within
ten (10) to fourteen (14) business days following receipt of the Counter-Notification,
provided Montreal Server Colocation’s Copyright Agent has not received notice from the Complaining
Party that an action has been filed seeking a court order to restrain the Customer
from engaging in infringing activity relating to the material referenced in the
18. Any party seeking to report any other potential violations of this Agreement may
contact Montreal Server Colocation via email.
19. Transferring your domain to another provider does not constitute canceling your
Montreal Server Colocation account. You must notify Montreal Server Colocation in writing to formally cancel your
account with Montreal Server Colocation to avoid further charges.
20. On occasion, Montreal Server Colocation may have a need to communicate with its customers through
email issues related to billing, as well as changes, additions and modifications to the
network. It is the responsibility of the customer to check email sent to the primary
login email address on the account.
21. It is the responsibility of the customer to contact Montreal Server Colocation of any changes to
their account, such as phone number, address, credit card information, etc. Customers will
be required to provide verification for security purposes authorizing them to make any
changes to that account.
22. MONTREAL SERVER COLOCATION HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY MONTREAL SERVER COLOCATION CUSTOMER
THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY,
HIS DOMAIN NAME WILL BE DELETED AND NO REFUND WILL BE ISSUED. If a Montreal Server Colocation customer wishes to send e-mails to selected
prospective customers, he can provided he or she uses compatible
permission-based email software.
Only use this approved link for that purpose and we will accept your email campaigns
without any problems. Furthermore, if a prospective customer elects to cancel the sending of
any emails in the future, any Montreal Server Colocation client will have to abide by that and stop sending emails to that
person immediately. For more information on
permission-based email marketing
and it's added benefits, please click here.
23. Customers don't have permission to install any programs or scripts that could cause Montreal Server Colocation's
servers or its network to slow down or to negatively affect the normal day-to-day operation of other
Customer's sites or applications. If Montreal Server Colocation becomes aware of such programs or scripts, at its sole
discretion, it will have the right to either remove or to disable them temporarily or permanently.
24. All customers of Montreal Server Colocation will be fully responsible for any CGI, PHP, ASP, Perl
or any other script or similar scripting program or software that the customer installs
on Montreal Server Colocation's servers. Additionally, Montreal Server Colocation will refuse installation and
access to such scripts or programs, unless they have been fully examined and verified by a
qualified Montreal Server Colocation technician, and that such scripts or programs have been confirmed
safe by Montreal Server Colocation to install on its servers. Such a verification and approval process
costs $ 50.00 plus applicable provincial taxes and GST, and the customer needs to pay
Montreal Server Colocation in advance for this necessary service. It is also the responsibility of the
customer to ensure that any scripts or scripting programs are free of any breach of
security defects and that they remain in good operating condition at all times. Any
scripts or any scripting programs that are deemed vulnerable to a security breach or
exploit will be immediately removed and all CGI or script access will be removed and
a notification email will be sent to the customer. Once the customer has remedied and
repaired the defective script or scripting program in cause, Montreal Server Colocation will have to
re-examine said script, and there will be a $ 50.00 verification fee, plus applicable
taxes for the service. The customer or his Web designer are responsible for the good
operation of any scripts or scripting programs at all times.
25. Montreal Server Colocation's Web hosting services are recognized as being of the highest
quality there is, and its servers are of the highest quality and capacity available,
as far as the current state of modern Internet technology today is concerned.
There shall be no refunds, either partial or complete for any lack of experience
in how to build a website, how to program, how to build Web pages and for any lack
of knowledge on the part of the site owner. It is always of the client's responsability
to fully ensure that he or she has the necessary knowledge, experience and the
right tools to design and maintain a website at all times.
26. If a Customer has signed up and paid for a hosting plan one year in advance,
and later cancels his account before the expiration date of his account, an amount
of $25 CDN plus applicable taxes will be witheld and will not be refunded to the Customer,
in order to compensate for Montreal Server Colocation's inherent cost in registering a free domain name
for the Customer. The same conditions could apply to other fees, such as the purchase
and registration of SSL certificates, if any. Furthermore, Montreal Server Colocation will evaluate
at its discretion if other fees should be witheld, such as additional configuration
time or installation work to launch any given website that could include special
features, normal or otherwise.
27. Unless otherwise stated by Montreal Server Colocation, all domain names are renewed
every year automatically by our domain registrar. Montreal Server Colocation always sends
a renewal notice via PayPal at least 30 days or more prior to the domain's
renewal and at the email address we had on file the same day the Customer
opened his Montreal Server Colocation account. It is always the responsability of the Customer
to make sure his domain name is renewed on time. Montreal Server Colocation will only send
a maximum of three (3) domain renewal notices via the PayPal payment request system.
If payment isn't received by Montreal Server Colocation ten (10) days after the third payment
request has been sent, in order to guarantee payment, Montreal Server Colocation will replace the DNS
settings on the affected domain for as long as the non-payment condition is in
effect. After such action, the Customer's website and all his email addresses will cease
to operate normally. Montreal Server Colocation will then send a notification notice to the Customer,
with an explanation on how to take corrective action. Furthermore, on top of the regular
$25 annual renewal fee, Montreal Server Colocation will impose a $20 DNS re-initializing fee payable by the
Customer, if the Customer isn't hosted on Montreal Server Colocation's servers anymore. If the Customer
is hosted by Montreal Server Colocation, the $20 re-initialization fee will be waived. All domain renewals are
subject to applicable taxes in the province or territory where the Customer resides.
28. Customer is forbidden of giving his Plesk or cPanel control panel User ID or Password to
his clients, his suppliers, or anybody that works outside his own premises for any
reason, unless it is his designated webmaster, site developer or programmer. Customer is
fully liable for any damages, downtime, repairs or replacement
of any of Montreal Server Colocation's servers, network equipment or any other apparatus if there
should be a breach of security caused by giving unauthorized people access to the
Customer's control panel.
29. It is strictly forbidden to post, write or display any messages of hate
or to display cartoons, photos or images that may be offending to specific
groups, religions, nationalities or beliefs. If Montreal Server Colocation encounters such violations
it will immediately and PERMANENTLY disable any accounts and without any warning.
There is never any refunds in any of these cases.
30. Customer will completely exonerate Montreal Server Colocation of any possible legal or
court fines to any violations perpetrated by any action taken by the customer. If a court
levies or charges a fine to Montreal Server Colocation for any customer misconduct or in
customer for the full amount of the fine, all related court costs, all related
attorney costs, plus the expenses it has encurred in relation to such fines and
to defend itself.
31. Unless agreed upon otherwise with Montreal Server Colocation's management, Customer accepts that
there will be a $25 administration fee to downgrade any hosting plan to a lower plan. There
are no fees to upgrade from a lower to a higher plan.
32. Customer is encouraged to report to Montreal Server Colocation any action which he or she thinks could
constitute abuse on Montreal Server Colocation's servers or its network. If Montreal Server Colocation needs
additional information on a specific incident, Customer will try to cooperate in the best way possible.
33. All server colocation customers are fully responsible for their own servers
since it is them that are the sole proprietors of those servers. Unless specified
in a written statement, Montreal Server Colocation will not be responsible for the care, upkeep,
maintenance, service or security patches or any other maintenance work on customers'
Web or Internet servers that are using Montreal Server Colocation's colocation services, and this
without any exceptions.
34. If Montreal Server Colocation is required to do any kind of server maintenance or repairs on a colocation
customer, our normal hourly rate of $140 will apply at all times, and this is subject
to a minimum one-hour transit 'service call' charge that will be billed in addition to
the actual number of hours worked.
35. By default, all colocation server customers are supposed to already posess
all the necessary and basic knowledge it takes to administer and manage any server or any
number of server clusters, be it Linux, Windows or any other server operating
system, whether it be commercial or 'in-house' developed. The same
goes for any networking equipment that might be involved, such as routers, firewalls,
switches, network backbone equipment or any other similar hardware or software that
isn't the responsibility of Montreal Server Colocation.
36. Colocation clients are allowed a specific Internet bandwidth consumption per month as stated on our
website and depending on the colo package they have chosen. Extra bandwidth consumption is billable at the rate
of 45 cents per extra gig consumed. Additional bandwidth can be purchased and paid for one month in advance at
the lower rate of 30 cents. Additional bandwidth is available in blocks of 1,000 gigs (1 terra byte).
37. Customer must pay his monthly server colocation fee on time. There will be a $20 late fee
added for any account that is paid 5 or more days later than the invoice due date. Customers that fail to pay
their monthly bills on time risk having their servers disconnected from our network. If a
server becomes disconnected due to a customer that has failed to pay his bill on time, there will
be a $75 reconnection fee payable in advance by the customer.
38. Under any circumstances are customers allowed to install scamware, spyware, malware, ransomware
or any other kind of malicious software on their servers or on the personal computers in their offices or
at home that access any server located and connected to our network. This also includes the laptops, notebooks
or smartphones that access any part of Montreal Server Colocation's network or its data centers where the server (s) is (are)
located. This also applies to servers, personal computers, notebooks, laptops and/or smartphones that may have been
hacked into without the customer's knowledge.
39. If Montreal Server Colocation has sufficient reasons to believe that a client's server has been hacked
into or otherwise compromised and is causing problems to the network where the server is connected to, Montreal
Server Colocation will, at its descretion, unplug the server from its network until the server has been successfully
repaired by the customer and all malicious software or rootkits have been removed.
40. There's a limit of only one 110 volts power cable connection per server. If a customer has two power supplies
on his server for 100% redundancy, there will be an extra charge of $15 a month for the extra power connection, over
and above the regular server colocation monthly cost.
41. All colocation customers are fully responsible to supply at the time of the installation
of their server or servers, all necessary mounting hardware, server rack (side) mounting
rails, all 'Category 5 or Cat 6 cables', all 110 volt power cords and all necessary connecting
wires or cables to and from Montreal Server Colocation's racks to their servers. Failing that, Montreal Server Colocation
will invoice and charge the customer $12 for each Cat 5 or Cat 6 cable needed, and a minimum
of $8 each for a standard three-prong server power cable.
42. When Montreal Server Colocation assigns the Customer an Internet Protocol (IP) address for the Customer's use,
the right to use that Internet Protocol address shall belong only to Montreal Server Colocation, and Customer
shall have no right to use that Internet Protocol address except as permitted by Montreal Server Colocation in its
sole discretion in connection with the hosting services, during the term of this agreement.
Montreal Server Colocation shall maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to the Customer by Montreal Server Colocation, and Montreal Server Colocation reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that the
use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you must use name-based hosting where possible. We will periodically review
IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used,
we will revoke the authorization to use those IP addresses that could be used with name-based hosting.
Furthermore, if a Customer is found to be using an IP address or a range of IPs that were not assigned
to the Customer, of if the Customer's equipment, firewall or server causes some IP address resolution conflicts,
cancel the Customer's account. All Montreal Server Colocation customers agree
to provide it with their full root passwords if Montreal Server Colocation suspects that the Customer is using or has
been using an IP address that wasn't assigned to the Customer. If Montreal Server Colocation decides to reconfigure the
Customer's equipment or server, or if Montreal Server Colocation needs to remove some IPs that the Customer wasn't
authorized to use, there will be a minimum $250 reconfiguration charge immediately payable by the
Customer. Additional IPs cost $5 each per month, and in certain cases, we may ask for justification.
43. There's a limit of only one 110 volt power connection per server. If the
Customer has a redundant power supply on his server that requires a second 110 volt
connection, there will be an extra charge of $40 for that extra connection.
44. For all customers, Montreal Server Colocation requires a minimum 90-day cancellation
notice. The notice needs to be sent by email and from the same registered email address that
we have on our customer files. The client will be responsible for the last month of service
if his cancellation email wasn't sent at least 90 days prior to the day he asked to have the server
cancelled. The client is also responsible in coming to the data center and to remove all his servers, switches and/or
any other equipment that belongs to him. Montreal Server Colocation won't be able to cancel any account until all
the customer's equipment is removed from his rack. Failure to do so will continue to incur the same regular monthly
rental fee for that rack.
45. Colocation clients are allowed a specific Internet bandwidth consumption per month as
stated on our website and depending on the colo package they have chosen. Extra bandwidth
consumption is billable at the rate of 45 cents per extra gigabyte consumed.
46. All ports on our switches are capped at 100 MBPS. Colocation customers are only allowed to
use the 'burstable' portion of that 100 MBPS, and based on the industry-standard '95th percentile'.
Due to an issue with a server or if a server has been hacked into, if a colocation customer continually
uses bandwidth that greatly surpasses his or her allowed bandwidth and in a way that causes issues to other
customers, Montreal Server Colocation reservers the right to temporarily disconnect that server from its network and to bill the
customer for the extra bandwidth consumed during the month. Additionally, if we had to send
one of our network technicians to investigate and repair the source of the issue, a minimum of 2 (two) hours of labor
will be charged to the customer at our regular hourly labor rate for the time lost on our end at detecting which
colocation customer's server on our network was causing the issue. Only once the issue has been resolved correctly
will Montreal Server Colocation allow the customer's server to be reconnected to our network.
The management of Montreal Server Colocation.