Hosting Terms of Service
Effective Date: November 21, 2024
Terms of Service for MERAK Hosting Clients
Overview
These Terms of Service (“Terms”) govern your use of our hosting services. By using our services, you agree to these Terms. If you do not agree, you must not use our services.
Services Provided
We provide hosting services as a reseller of platforms including AWS, Azure, WP Engine, Pantheon, and CanSpace. All services are subject to availability and the terms and conditions of the underlying providers. You understand that we do not own or control the infrastructure but manage accounts and services on your behalf. You understand that some features (plugins, software as a service) are part of the hosting services and not transferable to other hosting providers.
Customer Responsibilities
You are responsible for maintaining the security, confidentiality, and content of your website(s). You must comply with all applicable laws, including those of the hosting providers we use. You agree not to engage in illegal, abusive, or prohibited activities as outlined in the terms of our providers.
You are responsible for reporting any data breaches.
Payments and Fees
All services are prepaid. Payments are due on the first day of the calendar year unless otherwise agreed. Failure to pay on time may result in suspension or termination of services without notice.
We reserve the right to adjust pricing with 30 days’ written notice.
Service Availability and Uptime
We aim to provide high-quality hosting services but do not guarantee uninterrupted or error-free service. Any uptime guarantees provided by the underlying providers will apply. You agree that we are not liable for outages caused by third-party providers.
Limitation of Liability
Our maximum liability for any claim is limited to the amount you paid for services in the last 30 days. We are not responsible for data loss, security breaches, downtime, or indirect damages. You agree to indemnify us from any claims related to your use of our services.
Termination
We may terminate or suspend services at any time for violations of these Terms or the underlying provider terms. You may cancel your services with written notice. No refunds will be provided for partial months. We will provide your site assets to you via secure link to download.
Third-Party Provider Terms
By using our services, you agree to comply with the terms and policies of the underlying providers, including:
Data Ownership and Backup
You retain ownership of your data but grant us permission to manage it as needed for hosting. We are not responsible for backing up your data. It is your responsibility to maintain your own backups. We may assist in facilitating third-party backup services.
Amendments
We reserve the right to modify these Terms at any time with 30 days’ notice. Continued use of our services constitutes acceptance of the revised Terms.
Governing Law
These Terms are governed by the laws of Ontario, Canada. Any disputes will be resolved in Ontario, Canada. By using our services, you acknowledge that you have read, understood, and agree to these Terms.