Montreal Server Colocation furnishes to the Customer, this server colocation service, conditional to this Customer Terms of Use.

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 Customer to stay current with any changes or conditions set forth in this Terms of Use agreement.

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 THAT YOU ARE IN FULL AGREEMENT WITH ALL RULES AND REGULATIONS SET FORTH IN THIS TERMS OF USE AGREEMENT.

Last updated on May 2, 2008 at 10.26 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 Code.

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 advertisements.

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 data transfer.

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.

Montreal Server Colocation's Copyright Agent for Notice of claims of copyright infringement on any website is Jonathan Price, who can be reached as follows: jprice@sunhosting.ca

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 information:

(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 Notification.

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 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 violation to this Terms of Use, Montreal Server Colocation will automatically countersue the 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 on a colocation customer, our normal hourly rate of $90 CDN 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, unless agreed upon otherwise with the colocation Customer.

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. There's a limit of only one Category 5 Internet cable per server. Every extra Cat. 5 Internet connection will carry an extra charge of $40 a month per additional connection. For example, a 1U server with two Cat. 5 Internet connections would cost $40 over and above the normal $79.95 monthly rental fee.

37. 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.

The management of Montreal Server Colocation.