Terms of Service
This Web Hosting Agreement ("Agreement") is between North of 54 ("North of 54"), and the person (individual or legal person) who signs North of 54's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs the Customer's use of North of 54's Web hosting service.
We will complete the setup of your account after we have received and verified your payment. You must provide a primary e-mail address that is not at the domain we are hosting. It is your responsibility to keep your primary e-mail address up to date. Providing false contact information may result in termination of your account. Orders will be screened for fraud, and any suspect orders will be denied at our discretion.
Prohibited use & Abuse
Usage of our services is subject to our Acceptable Use Policy. Abuse and/or unacceptable use may result in the immediate suspension of your account without refund.
Invoicing & Payments
You agree to make payment for the services received from North of 54 before the start or renewal date for said service. We only accept payment of services via our designated payment processor(s), which may change from time to time. Services will be billed on a recurring basis unless you notify us to cancel your service.
Invoices will be sent to your primary e-mail address approximately one month before the renewal date. Any overdue invoice may result in account suspension until the account balance has been paid in full. You agree to allow North of 54 to share your details with 3rd parties for accounting related purposes including invoicing.
Payments in excess of the invoice amount will be credited toward your account. Refunds of credits are not available. Invoices will include information on how to make payments via our designated payment processor(s).
North of 54 reserves the right to change our rates at anytime.
You may cancel your account at any time by contacting us with your account information. North of 54 reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
If you cancel your account and your payments still continue for any reasons such as 1) by fault of North of 54 staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.
Bandwidth & Storage
Your service includes a monthly quota for bandwidth and storage. If your account exceeds this allowance we reserve the right to temporarily suspend your account until the situation is resolved. Unused amounts are not carried forward.
Backups & Data Loss
Using our services is at your sole risk. We offer daily backups with 30 days of backup retention on a best effort basis as a courtesy. North of 54 is not responsible for any data and/or files stored in your account. The customer agrees to maintain a current copy of all data and/or files hosted by North of 54.
North of 54 strives to maintain a high level of network and server uptime on a best effort basis only.
Scope of Support
You are fully responsible for the installation and operation of any and all scripts or applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications.
Right To Refusal Without Cause
North of 54 may refuse to accept any customer or any website for participation in the North of 54 network as determined by North of 54 at its sole discretion.
Customer agrees that it shall defend, indemnify, save and hold North of 54 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against North of 54, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless North of 54 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with North of 54; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from North of 54's server.
By using any North of 54 services, you agree to binding arbitration. If any disputes or claims arise against North of 54 or its subsidiaries, such disputes will be handled by an arbitrator of North of 54's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Disclosure To Law Enforcement
North of 54 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
North of 54 will not be responsible for any damages your business may suffer. North of 54 makes no warranties of any kind, expressed or implied for services we provide. North of 54 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by North of 54 and its employees.
Changes To The TOS
North of 54 reserves the right to revise its policies at any time without notice.
Last updated: July 20, 2015