Welcome on Vtiny Hosting website (vtinyhosting.com and its subdomains, hereafter called Website), a trademark of Groupe EZNovation inc. (hereafter called EZNovation or Vtiny Hosting™). EZNovation is the owner of the actual Website, which is operated and offered to persons or companies who accept the general terms provided (hereafter called Terms).

Viewing, exploring, using or downloading material from the Website, or ordering products or services from Vtiny Hosting™, indicates that you agree, on your own behalf and on behalf of the entity that you represent, accept and comply with the Terms in question. If you refuse to comply with the Terms, you may not explore or use the Website, download or use the material found on the Website, or order Vtiny Hosting™ products or services.

Vtiny Hosting™ reserves the right, at any time, to add, delete, modify or change the Terms, in whole or in part.

Vtiny Hosting™ may stop, change, suspend or cancel any aspect of the Website, including the availability of products or services, at any time without notice or liability. Likewise, Vtiny Hosting™ may add, delete, modify or change the content, including that of third parties, on or from the Website. Vtiny Hosting™ may also impose limits on certain products or services, or limit your access to the Website, at any time or in part without notice or liability.

Clients

Although we facilitate your personal projects or those of your business on the Internet, we are an independent entrepreneur. We only control the products and services we provide directly, and are not responsible for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services (“End Users”).

Services

Vtiny Hosting™ provides numerous services and products to its customers, which are collectively referred to in these Terms as the “Services”. Whether paid, offered as part of a package or free, any Service you request from Vtiny Hosting™ or authorize Vtiny Hosting™ to provide to you is included as part of the Services to which we refer in these Terms. All Services are subject to each of our policies. The Services may also be provided by third parties and their terms of use may contain additional or different clauses which will also apply to your use of their services. We may change the specifications or details of the Services at any time. In addition, third parties with whom we agree to provide services may modify their offer between the time of purchase and the date of delivery of the Services. We will use commercially reasonable efforts to notify you of changes to the Services.

Specific Conditions for Domain Name Services

• Vtiny Hosting™ resells domain names. When you request the registration of a domain name, your request is transmitted to eNom (www.enom.com). By using our domain name services, you agree to be bound by eNom's domain name registration policies and procedures, available at https://www.enom.com/terms. Due to the domain name registration mechanisms, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure that your domain name is not expired for any reason, and we are not responsible for any breach or damage caused by a breach.
• It is your sole responsibility to carry out a thorough investigation and to ensure that the domain name that you register does not infringe the legal rights of others. We do not check if a domain name that you register or use infringes the legal rights of a third party and we suggest that you consult a legal adviser before registering it.
• Vtiny Hosting™ will use commercially reasonable efforts to comply with any legal order of cancellation, modification or transfer of your domain name. ICANN's transfer policy requires a 60-day transfer lock (“Lock”) to apply to your domain name(s) in the event of a “change of ownership”. Vtiny Hosting™ locks your domain name for any changes involving your information WhoIs. This feature is designed to protect your domain from unauthorized attempts to transfer it. We do not offer an option to deactivate the Lock. The parameters that trigger the Lock are as follows: (i) change of first name of the holder; (ii) change of holder's last name; (iii) change of name of the holder's organization; (iv) change of the holder's email. Please note that these parameters are subject to change without notice. You also accept and understand ICANN's policies for domain verification and any other current or future policies they may adopt. More information can be found here:
  https://www.enom.com/raa/
  http://www.icann.org/en/resources/registrars/registrant-rights/educational

Conditions Applicable to Hosting Services

• Vtiny Hosting™ uses the hosting services of A2 Hosting (www.a2hosting.com). By using our hosting services, you agree to be bound by the policies and procedures of A2 Hosting, available on https://www.a2hosting.ca/about/policies.
• Your hosting account is allocated bandwidth according to the plan you select. The bandwidth for the purchased services is not renewed and is not credited over several periods. If you have used more bandwidth than what you purchased, either your account is suspended until the next period or you can purchase additional bandwidth by upgrading your account. We may, in our sole discretion, terminate your account for a violation of the terms of the package you purchased or charge you additional fees for the surplus.
• By using our hosting services, you cannot impose excessive loads on our processors, servers or other resources, including our customer support services. You understand that connection speeds and other similar capacity indices are maximum numbers. Constant reach of these capacities may result in our need to restrict your use of the Services, including the suspension or termination of your account, in our sole discretion. You agree that we may impose restrictions on your use of the Services or customer support services.
• Hosting accounts are authorized to use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) simultaneous HTTP connections to the server. Backups must be downloaded locally and removed from the account. Backups that are in a customer account more than thirty (30) days may be deleted from the server at our discretion.
• Hosting accounts must not include: (i) streaming content (other than that which is incidental to the operation of your Website); (ii) the management of very large photo galleries; (iii) storing a large amount of uncompressed content or original size digital images; (iv) an online file service (FTP); (v) distribution of large audio or video content such as MP3 files; and (vi) online backups (i.e., backing up a desktop / laptop computer, files, or anything not directly related to the Website). You agree that we may remove unauthorized documents from our servers at any time, in our sole discretion and without notice. We may also delete the following types of files if we find that they are using an excessive amount of disk space, especially if they affect other clients: (i) cPanel backups or other backups stored on the server; (ii) Softaculous backups stored on the server; (iii) Softaculous temporary backup files; (iv) common CMS backups stored on the server; (v) common temporary CMS backup files; (vi) common CMS backup logs; (vii) oversized error logs; and (viii) any other large file deemed useless for the proper functioning of the Website or containing no precious data.
• Free automatic backups (Server Rewind) will be made using our commercially reasonable efforts and may not include all files, of which certain email files, due to technical constraints. Server backups are limited to a global quota of fifty (50) gigabytes. If you exceed fifty (50) gigabytes of disk usage in your account, it will no longer be saved. Please download all cPanel backups and store them locally.
• Email hosting allows a user to use specific services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email hosting services are subject to certain storage limitations and we automatically delete emails from your trash after thirty (30) days to help you manage storage limits. We may also delete emails from your spam or bulk email folder after thirty (30) days. Notwithstanding any free automatic backup service, you must backup and save your emails locally to ensure that they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to recover it, but cannot guarantee email recovery. Email accounts may be subject to storage quotas specified in a specific plan.
• Our email hosting services do not guarantee that your incoming and outgoing emails will be delivered. Parameters beyond our control can affect the deliverability of emails, including emails sent to a spam folder or those that are not delivered at all. The blacklist of IP addresses, outside of our control, can also affect email delivery.

Access

You will have no physical access to the servers on which your data is stored. These servers will often be shared with third parties. Use by a third party may affect your use and administration of the server. You should not take any action to limit the use or modify the operation of the server or service or the operation of any related equipment.

cPanel Control Panel

cPanel is supplied by a third party. When you order a web hosting service, you agree to be bound by the cPanel End User License Agreement, available at http://cpanel.com/legal-store.html.

Registration & Account Information

Registration

You warrant that before registering or using any of our Services, you are at least 18 years of age and that you have the authority to bind yourself or the entity you represent to these Terms. You may be subject to a credit check and potential fraud screening when accurate information must be provided for the purposes of this check. In addition, before using the Services, you state and warrant to Vtiny Hosting™ that: (i) you have the experience and knowledge necessary to use the Services; and (ii) you understand and accept the risks arising from the use of the Services and the conduct of business on the Internet in general.

Account Information

You must provide us with specific information when creating your account. You must keep this information up to date, particularly your email address since on occasion we may need to communicate with you by email regarding the Services. We have no responsibility or liability for interruptions of the Services or damages of any kind based on email communications that are misdirected or blocked by a third party application due to your inability to keep your contact information up to date or for circumstances beyond our control.

Account security

• You are responsible for all actions performed with, by or under your account identification information, whether performed by you or by others. All access to the account, passwords and other security measures is your responsibility. Vtiny Hosting™ is not responsible for damages, direct or indirect, resulting from unauthorized access or use of the account.
• In addition to the conditions of the Support Policy, available at https://vtinyhosting.com/support-policy, in connection with the support services, you will be responsible for all authorized actions taken by our staff assistance using your credentials. Before requesting assistance, you must back up your data locally.
• You agree to give Vtiny Hosting™ permission to access your accounts for the purpose of resolving technical issues and confirming compliance with all our Policies. We also perform automated data analysis for security purposes and reserve the right to change permissions, modify files, or quarantine files that are deemed malicious.

Duration of Agreement & Billing and Payment

Term

We are not required to provide the Services until we receive payment from you. Once payment has been received, we will begin delivery of the Services on the effective date and continue until the due date (“Initial Term”) indicated on the page describing the Services (located at https://clients.vtinyhosting.com). If the due date is not indicated, the Initial Duration will be one month.

Automatic Renewal

The Initial Duration will be automatically renewed for successive periods of equal duration (each being a “Renewal Duration”). For more information on automatic renewal, please see our Refund and Billing Policy at https://vtinyhosting.com/refund-and-billing-policy. If you wish to discontinue the Services, you must notify us before the automatic renewal of a Renewal Period. You can:

• Submit a cancellation at least one (1) day before the start of a Renewal Period via our online cancellation form available on https://clients.vtinyhosting.com; or
• Contact us at least fifteen (15) days before the start of a Renewal Period by sending an email to billing@vtinyhosting.com or by contacting us through your customer portal at https://clients.vtinyhosting.com.

Termination

Whichever termination method you use, valid proof of account ownership and cancellation authorization are required to terminate an account.

• Termination for Reasons of Convenience
  • Either party may terminate the Services for convenience fifteen (15) days before the start of a renewal period by providing written notice to the other. We only accept cancellations via our online cancellation form available on https://clients.vtinyhosting.com. If you cancel for convenience, you will be responsible for all charges during the term of the Initial Period or the Renewal Period then in effect. For more details on our anytime money back guarantee, please see our Refund and Billing Policy at https://vtinyhosting.com/refund-and-billing-policy.
  • If your termination is due to unsatisfactory services or an unsatisfactory response to a previous problem, please contact us and request an escalation of your problem before canceling. If any of your services have a fixed term agreement, please contact us before canceling to determine what the costs of termination will be. All cancellation requests must be submitted via our online cancellation form available at https://clients.vtinyhosting.com.
• Vtiny Hosting™ Hosting Termination
  • We reserve the right to immediately suspend or cancel the Services without notice: (i) for a violation of our Terms or Policies; (ii) for your non-payment of the sums due; (iii) to prevent an interruption of service by an Internet service provider or another network service provider; or (iv) to protect the integrity of the network or the security of the Services. You have no right to prior notice or protest if we exercise these rights. Upon termination, your account will be closed, data deleted and all fees and charges due and payable must be paid to us. Once your account is closed, we have no obligation: (i) to forward emails or other communications or (ii) to maintain a data backup prior to the termination date. If allowed, you are encouraged to keep the Service active during a transition period. If we suspend or terminate your use of our Services because you have violated these Terms or our Policies, we will not give you credit.

Access after termination

If we can provide backup data to an account that has been terminated, you will be subject to a one-time fee of twenty-five dollars ($25 USD) or more to cover costs. All data from non-renewed or closed accounts will be deleted from our servers and will likely be irretrievably lost. Any domain registration package associated with these accounts will also be canceled.

Billing, Refund and Payment

Please see our Refund and Billing Policy at https://vtinyhosting.com/refund-and-billing-policy for more details on billing, refunds and payment processes and procedures.

Anytime Money Back Guarantee

If you wish to stop using our Services, we offer an anytime money back guarantee that will allow you to receive a full or partial reimbursement of certain costs. For more details on this policy, please see our Refund and Billing Policy at https://vtinyhosting.com/refund-and-billing-policy.

Use of Services

Your use of the Services is governed by these Terms and our Policies. Vtiny Hosting™ does not guarantee that the Services will be uninterrupted or continuous, or that you will be able to access the network at any time, or that all the data transmitted by Vtiny Hosting™ is accurate, error-free, virus-free, secure, or harmless.

Testimonials

You can provide us with written or verbal testimony of your experience using our Services (“Testimony”). We may, at our discretion, use your Testimonial to promote our Services in person, on paper, online and on all other platforms. We may also modify the Testimonial for reasons of brevity or for other reasons, if it remains in accordance with your original Testimonial. As part of our use of your Testimonial, you hereby agree that we may use your first name, your last initial, your province or state of origin, your voice or likeness, and / or your contact details in the context of its publication . You can at any time request that we stop using your Testimonial. Please contact us and we will remove it as soon as your request is processed.

Data Backups

You acknowledge that it is your sole responsibility to regularly back up and keep copies of your data outside the Vtiny Hosting™ network. We are not responsible for any loss or corruption of data, including those resulting from: (i) our authorized actions; (ii) the actions you take using the Services; (iii) hardware failures; (iv) any software or other technological failure; or (v) termination, cancellation or suspension of an account.

Data Ownership

See our Privacy Policy, available at https://vtinyhosting.com/privacy-policy, to find out how we share data and other confidential information.

Your Declarations and Guarantees

You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees and / or agents have enough technical expertise to understand how to implement the Services.

It is your responsibility to ensure that you can log into our systems to use the Services. You state and warrant that you, or the entity you represent, have the technical expertise to use the Services.

You warrant and state that you have full power to accept the terms of these Policies on behalf of the entity you represent, if any.

Warnings

No information or oral or written advice given by Vtiny Hosting™, one of its representatives or affiliated companies will take precedence over the representations and guarantees set out in these Terms. Vtiny Hosting™ does not state or warrant that the Services are complete or free from defects or errors.

Vtiny Hosting™ is not responsible for : (i) the content of the data that you transfer, download or store via our Services; (ii) any loss of data, for any reason; or (iii) unauthorized access or any corruption, erasure, theft, destruction, alteration or accidental disclosure of data, information or content, transmitted, received or stored on its network.

Vtiny Hosting™ is not responsible for data breaches or compromises caused by your inability to keep web applications up to date, including plugins.

Vtiny Hosting™ disclaims all warranties regarding the services we use, and which are provided by third parties. No warranty, express or implied, made by these third parties to Vtiny Hosting™ will be given to you, and you will not claim to be a third-party beneficiary of these guarantees.

Limitation of Liability

It is your duty to ensure the accuracy, integrity, ownership and security of everything you receive from the Internet. You agree that Vtiny Hosting™ assumes no responsibility of any kind for the content that you or your customers access from the Internet.

Vtiny Hosting™ will not be liable for indirect or consequential damages, including damages for loss of profits, loss of opportunity, loss of sales or loss of ranking in search engines, suffered by you, your users, your customers and your visitors during periods of planned maintenance, service suspensions and violation of these Policies. For the purposes of this paragraph only, the term “Vtiny Hosting™" will be interpreted to include employees, agents, owners, directors, officers and affiliates of Vtiny Hosting™.

Vtiny Hosting™ will not be held responsible for: (i) force majeure events described in the section below; (ii) service problems or outages caused due to restarts during standard maintenance periods; or (iii) planned downtime, as defined in our Server Maintenance Policy. Our availability commitment described in the Maintenance Policy, located at https://vtinyhosting.com/server-maintenance-policy, does not apply to disruptions to your use of the network due to a violation of these Terms and our Policies.

Indemnity

For the purposes of this clause only, the “Indemnified Parties” will refer to Vtiny Hosting™, its personnel, its parent company, its subsidiaries and affiliates, as well as its third-party service providers, their officers, directors, employees, shareholders and respective agents. Likewise, the term “you” will be used to refer to you, your customers, the visitors to your Website and the users of your products or services. The terms of this section will survive any termination of these Terms or the Services.

You agree to indemnify, defend and release the Indemnified Parties in the event of claims, damages, lawsuits, actions, procedures (legal or administrative) and expenses (including reasonable attorneys' fees) asserted or filed by a third party against any of these Parties, arising out of or related to (i) your use of the Services (including data migration that you request from Vtiny Hosting™ staff); (ii) any violation of these Terms or any of the Vtiny Hosting™ Policies (including those that result in network outage); (iii) any violation of declarations, guarantees or commitments contained in these Terms and Policies; or (iv) any omission on your part.

Vtiny Hosting™ undertakes to indemnify you, defend at its expense or settle, at its option, any claim, lawsuit or proceeding brought against you to the extent that it is based on a claim that the Services provided by Vtiny Hosting™ below infringes any Canadian patent, copyright or trademark.

This indemnification clause is limited to Services which are entirely provided by Vtiny Hosting™. It does not extend to products or services provided by third parties. Vtiny Hosting™ will send you the applicable intellectual property compensation provisions, as previously agreed with third party suppliers. In the event of a complaint to one of these third parties, Vtiny Hosting™ will notify you in writing and you will give us all the power, information and assistance necessary for the defense and settlement thereof.

If a claim for infringement has taken place or, according to Vtiny Hosting™, is likely to occur, Vtiny Hosting™ will have the right, at its discretion and at its expense, either: (i) to procure you the right to continue using the service; (ii) replace it with a Service fulfilling the same or a similar function as that forged or modify it so that it does not become infringing; or (iii) if none of the preceding alternatives is reasonably available, immediately terminate the counterfeit or affected Service and reimburse the costs we have charged you for the period during which the Service was not available.

Legal

Compliance with the Law

In order to comply with a court order, subpoena, warrant, settlement or government request, or to protect our business or others from harm, we may disclose information, including those that you may consider confidential. We assume no obligation to inform you that we have provided this type of information. In some cases, the law may prohibit us from giving such notice. The level of cooperation with the civil parties is at our discretion. If we are to respond to requests for production of documents and other matters requiring more than mere administrative activities on our part, a fee of two hundred dollars ($200 USD) per hour will be charged to the requesting party. We do not honor claims by civil parties claiming that expenses are pre-approved, and we may require a deposit to secure payment.

Force majeure

With the exception of the obligation to pay the sums due, none of the parties will be responsible for any delay or failure to perform due to events beyond the reasonable control of the party, including service failures of third parties, software crashes, hardware crashes, distributed denial of service (DDoS) attacks, natural disasters, bandwidth or general network outages, labor disputes, supply shortages, riots, war, wildfires , epidemics or delays of public transporters. The obligations and rights of the excused party are extended from day to day for a period equal to the period of excusable delay.

Choice of Law, Jurisdiction and Place

The validity, interpretation and performance of these Terms and our Policies will be checked and interpreted under the laws of the province of Quebec (Canada), as if they were made entirely in the province and without giving effect to the principles of conflict of laws. You agree that the jurisdiction and place of jurisdiction are exclusive to the province of Quebec (Canada).

All Complaints

All claims you file against us must be resolved in accordance with our Policies. Without limiting the preceding sentence, this includes complaints based on service outages that are covered by our Policies. Complaints filed or brought against our Policies will be deemed to be incorrectly filed and to be a violation of our Policies.

Assignment

These Terms can only be assigned by Vtiny Hosting™. These Terms will bind and apply for the benefit of the successors of the enterprise and having the authorized rights of the parties.

Scalability

If any of the Terms or Policies becomes, is declared illegal or otherwise unenforceable by a competent court, these Terms must be revised to reflect the intention of Vtiny Hosting™, as permitted by applicable law. All remaining terms of these Terms will remain in effect.

Construction

The terms “including” and “include” will be deemed to be followed by the words “without limitation” and will not limit the scope of the otherwise general term.

Complaint Period

You cannot sue, bring any action or procedure against Vtiny Hosting™ more than one (1) year after the service which is the cause is rendered. You acknowledge that this limitation constitutes a waiver of any rights under any applicable limitation period that would otherwise provide additional time for such a claim.

Policy Date

These Terms of Use were updated on March 22, 2020.