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WS: Legal Terms.

Terms of Service (last updated: 10/23/2015)


Section 1.0 (What you need to know)

Brief Description:

To simplify things: We, us, our all represent ("WarmServers Limited") in these terms. We may refer to these terms as ("Terms"), ("Terms of Service"), or ("Terms of Services").

Actual terms:

These Terms of Service(s) ("Terms"), ("Terms of Service") govern your relationship with us and our website (the "Service") operated by WarmServers Limited ("us", "we", or "our").

Section 1.1 (Agreement between "you" and "WarmServers")

Brief Description:

Basically, you must comply to our legal terms to access our regular services (e.g. MyWS), even use our website. If you don't agree with any part (if not all) of our terms, please refrain from ordering a service from us. 

Actual terms:

Your access to and use of our service(s) is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using our service(s), you agree to be bound by these terms and accept all legal consequences that may follow. If you do not agree to our terms and conditions, in whole or in part, please refrain from using our service(s).

Section 1.2 (Linking to other websites)

Brief Description:

To sum this all up: Occasionally, we will place external links onto our website that in no way do we control unless otherwise specified. Just take note that by clicking such links or visiting them through our website, we will not be held responsible for any harm to intellectual property or damages that may occur while accessing such links.

Actual terms:

Our website may contain links to third-party websites or services that are not owned or controlled by WarmServers Limited, ("we") or ("us").

We don't have control over 3rd party websites and we assume no responsibility for, the content, privacy policies, or practices of such websites or services. You further acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Section 1.3 (Termination and Suspensions)

Brief Description:

Just keep in mind that we may suspend or terminate any service(s) at any time without notice (at our discretion) in event of a breach in our legal terms - follow the rules and you'll be fine!

Actual terms:

We may terminate or suspend access to our service(s) immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the service(s) will immediately cease.

Section 1.4 (Governing Laws)

Brief Description:

Again, follow our terms and the laws of Canada and the United States and you'll be in good shape.

Actual terms:

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of Canada, and the United States of America, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Section 1.5 (Changes)

Brief Description:

We have the right to change these terms at any time, but we'll try to give a 30 (thirty day) notice before the change(s) take effect.

Actual terms:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Privacy Policy (last updated: 10/23/2015)


Section 1.0 (What you need to know)

Brief Description:

To simplify things: We, us, or our are all terms of which represent ("WarmServers Limited") in these terms. We may refer to these terms as ("Terms") or a ("Privacy Policy").

Actual terms:

WarmServers ("us", "we", or "our") operates the https://www.warmservers.com website (the "Service"). 
This section will inform you of our policies regarding the collection, use and disclosure of Personal Information when you use our service(s).

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible above.

Section 1.1 (Collection of Information)

Brief Description:

We may ask to provide personal information when signing up (your email address, phone number, street address and any other personally identifiable information) to enhance services, tailor them to your geographic area, etcetera.

Actual terms:

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, phone number, postal address and other information ("Personal Information").

Section 1.2 (Logging/recording of data & cookies)

Brief Description:

We collect your IP address and use cookies to identify your location and other statistics. 

Actual terms:

We collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Cookies are a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. We may occasionally set them to improve the overall experience.

Section 1.3 (3rd party access)

Brief Description:

We may use 3rd party services to perform certain tasks and they are limited to use the data only to the extent of the task they are given.

Actual terms:

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are not to disclose or use it for any other purposes other than such they are tasked to do.

Section 1.4 (Security of data)

Brief Description:

Nothing is perfect, even security. We employ many measures to prevent hacking and access to private data, but no method of electronic storage of data is 100% secure. While we try to not let such event(s) happen, we cannot guarantee 100% security, nor can anyone else. After all, no one or machine is perfect.

Actual terms:

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Section 1.5 (Data from minors)

Brief Description:

We will not collect data from ("Children") knowingly. If you are a parent/guardian and have become aware of such, please contact us immediately at support@warmservers.com. 

Actual terms:

Our Service does not address anyone under the age of 13 ("Children").

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.

Section 1.6 (Changes)

Brief Description:

Occasionally, we will change our privacy policy. We will try our best to notify you, the customer of any changes 30 days prior to them becoming effective.

Actual terms:

We may update our Privacy Policy from time to time. We will attempt in our best notify you 30 days before any changes are made.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Acceptable Use Policy (last updated: 10/24/2015)


Section 1.0 (What you need to know)

Brief Description:

When signing up, you automatically agree to this agreement. You must comply or risk a suspension or even risk termination. 

Actual terms:

This Acceptable Use Policy ("AUP"), ("Acceptable Use") govern your attitude with (the "Service") operated by WarmServers Limited ("us", "we", or "our").

Section 1.1 (Shared Hosting Policies)

Brief Description:

Please follow both Canadian & American laws while using our service. Also, there are some items below listed that you, the customer are prohibited to do. 

Actual terms:

When signing up or ordering a new service, you automatically agree to hereby comply with the agreement. You must follow both our regulations and laws from both Canada and the USA. On a shared package or reseller, you (and your customers) are prohibited from publishing such content:

 - child pornography,
 - warez,
 - illegal files including MP3s, movies, etcetera,
 - scripts of whom use over 5 load on the node,
 - email marketing scripts (over 100 emails/hour),
 - hacking scripts,
 - DDoS attack scripts,
 - any other action deemed illegal by the laws of both Canada and the USA

Section 1.2 (Spamming and Email Policy)

Brief Description:

We don't permit spamming (and if you do send emails, please follow the CASL and the CAN-SPAM act). Simple.

Actual terms:

When using a service or server provided by us, you may not in any circumstances spam. We define spam as unsolicited emailing
to users who don't opt to receive such emails, nor have any relation with the person who sends such emails. If we find that a user is spamming or has an IP blacklisted for such, there is a $100 fine for either the cleaning of the IP address(es) or the notification to the proper authorities.

When sending emails, please follow the Canadian Act Spamming Legislation of Canada and the CAN-SPAM act. When you are sending emails, you will be limited to 100 emails an hour outgoing. Incoming is unlimited (please visit our "Unlimited" policy below). 

Section 1.3 ("Unlimited Policy")

Brief Description:

When we offer an "Unlimited" resource (this could be incoming mail, "addon domains," data-transfer, and etcetera), we expect you to follow our policy on such. Please read the "Actual terms" to this section before using any service or server with an "Unlimited" resource.

Actual terms:

When we refer to "Unlimited," we are allowing you, the customer to use as much as you need of the resource. We don't permit that you sell hosting on a shared plan, which would be abusing our shared package and our "Unlimited" policy, for example.

You must also agree to when ordering such "Unlimited" service(s) that you won't use an excessive amount of resources. This will lead to a suspension of your service(s).

Section 1.4 (Changes)

Brief Description:

Again, we will try our best to notify you 30 (thirty) days in advance prior to a change taking effect.

Actual terms:

We have the right to modify these terms at any time - whether it is the entirity of it or just a section.