This policy represents the MDS-Vistapages, Inc.. Terms of Service ("TOS") in its entirety and supercedes
any other written or oral policy. This policy defines the terms of service all customers agree to when
they sign-up for hosting services with MDS-Vistapages, Inc... MDS-Vistapages, Inc.. reserves the exclusive right to
revise, change or amend any portion of this Policy at any time, without advance notice to customers.
Customers may view the most current version of this policy at http://www.vistapages.com/company/tos.php.
Customers using any services offered by MDS-Vistapages, Inc.. consent to be bound by and must comply with
all policies in this TOS. At the sole discretion of MDS-Vistapages, Inc.. any violators of this TOS may have
their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for MDS-Vistapages, Inc.. maintaining one or more accounts (each "Account"), you agree to
the following terms of service.
Disclaimer of Warranty
- "We" "Us" or "Provider" or "VistaPages." MDS-Vistapages, Inc..
- VistaPages is a registered tradename of MDS-Vistapages, Inc.. - An Ontario Corporation
- "You" "Your" "Client" "Customer" or "Member."
Each person or entity who applies for internet
service or is a designate of any one who applies for internet service.
The Internet is a complex network of equipment, services and providers of information, thus the Service
may not be available to you at all times. However, VistaPages offers a 99.9% uptime guarantee. This is
valid for only the connection. VistaPages will pursue all resources and channels available
to maintain maximum uptime, however, VistaPages is not responsible for any down time caused by client's
VistaPages MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF
NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT
PROVIDES. Neither VistaPages nor any one else involved in the provision of Service is liable
to you or any third-party for direct or indirect damages resulting from the use, non-use of services
provided herein, whether or not such damages resulted from the negligence of VistaPages, even
if VistaPages has been advised to the possibility of such damages.
Services provided by VistaPages
VistaPages will provide Internet server rental ("the Service") to its members for the express
purpose of allowing customers to provide http Internet content to the general public. The Service
allows VistaPages members to maintain Internet websites, receive and maintain e-mail accounts and
access web space via FTP to upload files for their websites. VistaPages members will use the provided
services in a manner consistent with any and all applicable laws of the Province of Ontario and the
Canadian Federal Law. VistaPages provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to provide such Services. VistaPages reserves the right to
refuse customers from utilization of its services, without notification. If any of the below activities are committed, VistaPages can terminate client's account without
Payment, Renewal, Cancellations
- Client Content: Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or
regulations; infringe on any intellectual property rights of VistaPages or any third party; be defamatory, slanderous or trade libelous; be
threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which
result in damage to VistaPages or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited
emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted MP3, file hosting/repositories, mirrors, storing personal backups and/or cPanel backup files, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers. VistaPages will be the sole and final arbiter as to what constitutes a violation of
this policy. VistaPages does not normally monitor the contents of clients servers, however if suspicion occurs, VistaPages reserves the right to
investigate and terminate the clients subscription to the service.
- Bandwidth Usage: VistaPages offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that
use over the given limit in 30 days will automatically be suspended. There is a daily transfer cap of total bandwidth divided by the number of
days in the current month. If you exceed your bandwidth limit for any given month, your account will be suspended until you
upgrade or pay additional service fee of $3.50 per GB, warning e-mail's are sent out before your account reaches the maximum.
- Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using
"Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There
are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the
account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to
prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our
virtual private server or dedicated server packages. VistaPages will be the sole and final arbiter as to what constitutes a violation of this policy.
VistaPages does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above
- No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a VistaPages server is not tolerated. This
includes any e-mail that promotes web sites hosted on a server located on the VistaPages network but is sent from an e-mail address not associated
with that VistaPages account. Client shall not use their VistaPages services for chain letters, junk mail, bulk-email, or any use of distribution
lists to any person who has not given specific permission to be included in such a process. VistaPages reserves the right to deactivate or terminate
any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy
- False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and
regulations. If any news groups or service provider contact VistaPages concerning unethical, false or unlawful activities by you, VistaPages reserve
the right to terminate your service without notice.
- Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the
- Back-Up Files: VistaPages provides the tools needed to create back ups of account data. It is the responsibility
of the customer to keep up-to-date archives of their backed up data. VistaPages currently does not utilize any back-up services
and is not responsible for any lost data.
99.9% Service Level Agreement "SLA"
- Payment Obligations: Full payment is required in advance before hosting service is established. VistaPages sends out invoices that are due
every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and
represent that the information you supply in the Order Form (or other information that VistaPages may require) is accurate and truthful. All
payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. Customers that elect to pay via Credit Card will be billed automatically on the date of renewal. If payment was not received by the due-date,
your account will be suspended and possibly sent to collections. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have
accumulated at the rate of 12.35% per year. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks. All fees mentioned are in US funds.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to VistaPages
thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.
- Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, VistaPages
will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for shared/reseller pre-paid accounts and
after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer serivce 30 days before renewal date and verify information before cancellation takes place. You will be
charged in full for the entire month in which you canceled your account. Accounts which have negative balances will be sent to collections and all
services will be terminated, including domain registrations. Customers wishing to switch their FREE domain to another registrar is subject to a $20 domain release fee. Refunds are never available for domain registrations, control panel licenses (cPanel, Plesk, etc) setup fees or private hosting, virtual private servers & dedicated servers.
VistaPages offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and
also to ensure that your business is running problem free. VistaPages will try to maintain maximum uptime. VistaPages is not responsible for any
downtime caused by the client.
30-Day Money Back Guarantee
VistaPages offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting
account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry
leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are
non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations, setup fees, VPS & dedicated server fees are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to firstname.lastname@example.org.