All clients hosted on our servers must agree to the following terms and conditions. Don't be intimidated, they are standard industry clauses. We simply dare clearly state what everybody else writes in very small print.
1.1 "Customer" means the person who orders the hosting and has obligations for the hosting hereunder.
1.2 "Customer Data" means all supporting data files and data structures provided by the Customer for its hosting space.
1.3 "Server space" means the space allocated to the Customer for hosting his domain and website files.
We will provide you with the following specific services:
2.1 Physical domain and hosting services. Natmark-Concept will provide the computer and operating system software to operate and support the hosting of your domain and website in a manner acceptable in the industry. Although this agreement includes daily backups of all data residing on the server space, and although we will make reasonable efforts to protect and backup data for you on a daily basis, we are not responsible for the Customer Data residing on the server space. You are ultimately and solely responsible for the backup of Customer Data stored on your server space, and should always keep copies of new data uploaded to the server for the last 48 hours of use. Note that emails are not included in the daily backups.
2.2 Physical Server Set-Up and Updating. We will configure the server space, and will load the Customer Data onto the server computers so as to create a fully functional Internet presence. Unless otherwise permitted, all access to the server space to load, modify of install files or scripts is limited to Natmark-Concept and its agents, so as to preserve server security integrity. Natmark-Concept will remain responsible for keeping the server (machine) patched, updated and upgraded to preserve security integrity.
2.3 Physical Server Connection and Access. We will provide connection of the server to the Internet, including all telecommunications equipment and connections for the server to provide public access on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime. We will use our best efforts to provide uninterrupted connection and access, except for scheduled maintenance downtime and any interruption to connection and access beyond our control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.
2.4 Maintenance Services. We will perform maintenance services as we determine reasonably necessary to maintain the continuous operation of the server. You agree to periodically-scheduled maintenance downtime periods. We will provide prior notice of the maintenance downtime, except when circumstances beyond our control limit our ability to do so.
2.5 Hardware, Equipment and Software. You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access our server. We make no representations, warranties, or assurances that your equipment will be compatible with our service.
You agree to the following payment terms in consideration for the services provided:
3.1 Set-Up Fee. A set-up fee ranging between $50 and $100 is charged for any new server space account activation, depending on the complexity of the installation required (hosting type, number of email accounts, databases, etc.). Such fee is waived when hosting is part of a Web design agreement.
3.2 Hosting fee. You will pay us a yearly Hosting fee for the hosting services we provide under this Agreement according to our current price schedule, which remains available on our website. The Hosting fee is billed to you 60 days prior to each years' services and is due before each year’s service is rendered. The Hosting fee may be subject to adjustment at the time of renewal of this agreement, according to the then current Price Schedule.
3.3 Taxes. All fees are exclusive of any and all federal, provincial, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement.
Our obligations under this Agreement are conditioned upon the following representations and warranties:
4.1 Compliance with Law. You represent and warrant that you will comply with all applicable state, provincial, municipal and federal laws in your performance of this Agreement and in the use and operation of the server space, including laws governing technology, software and trade secrets. You agree to comply with rules and regulations of your domain name registrars and other Internet authorities.
4.2 Authority to Contract. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.
4.3 Respect of third-party rights. You represent and warrant that your performance of this Agreement, including the use of your server space and software or data files to be installed thereon, shall respect and not infringe the intellectual property or other proprietary rights of any third party.
4.4 Our Performance. Our services shall be performed in a professional and workmanlike manner, and the computer servers will be operated in accordance with our obligations as defined by this Agreement.
4.5 Force Majeure. We shall not be liable for failure to fulfill our obligations hereunder if such failure is due to causes beyond our reasonable control, including, without limitation, actions or failures to act of Customer, or any subscriber, acts of God, fire, catastrophe, governmental prohibitions or regulations, viruses which did not result from the acts or omissions of us, our employees or agents, national emergencies, insurrections, riots or wars, or strikes, lockouts, work stoppages or other labor difficulties. The time for any performance required hereunder shall be extended by the delay incurred as a result of such act of force majeure, and we shall act with diligence to correct such force majeure.
5.1 Risks. You expressly agree that use of our server space is at your own risk. Neither we, nor our employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warrant that our service will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our services or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our services, unless otherwise expressly stated in this Agreement.
5.2 Limited liability. We will make all reasonable efforts to keep the data and equipment on the server space safe from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance caused by our acts or omissions, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. However, we, our officers, agents or anyone else involved in creating, producing or distributing our service, will not be held liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service resulting or from acts performed in good faith, save in the case of gross negligence on our part. You acknowledge that this paragraph shall apply to all content on our server.
5.3 Limited remedy for damages. Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort will not (a) exceed the actual dollar amount which you paid during the billing period during which the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, damages for loss of data, file, profit, good will, time, savings or revenue.
The following describes the duration and methods of termination:
6.1 Contract Length and Cancellation. The minimum contract period for server space is one year. In the event you cancel your service, you will be charged in full for the entire length of the year in which you cancelled your service hereunder.
6.2 Duration. This Agreement will continue on a year-to-year basis, unless one month’s prior notice of cancellation is given prior to the end of term.
6.3 Breach or Default. In the event we terminate this Agreement because of a breach, you will be charged in full for the remainder of the term year in which the breach occurred. Each of the following constitutes a breach or default of this Agreement:
a) your failure to pay the current year's service fee by the tenth day of the year for which the service is being rendered; or
b) your violation of any one of Sections 4.1, 4.2, 4.3, 8.0, 8.1 or 9.2.
6.4 Special Lien on Personal Property. We retain a special lien on all of your personal property in our possession to secure any payment amount you may owe us under this Agreement.
We acknowledge that all right, title and interest in the Customer Data on your server space shall be solely owned by you. We own or have licensed all server software. You are responsible for the registration, renewal and control of your domain names unless we separately contract to provide those services.
8.1 Illegal, Abusive or Unethical Activity. Any server space or website that is used for illegal, abusive or unethical activity may be immediately deactivated by us, without warning to you. Illegal, abusive or unethical activities include, but are not limited to: pornography, obscenity, nudity, violations of privacy, spoofing, phishing, hacking, cracking, computer virus, harvesting of screen names, promotion of gambling, and any harassing or harmful materials or uses, as determined by us.
You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive or unethical materials or activities. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in illegal, abusive or unethical activities.
We have the right, but not the obligation, to monitor any activity and content associated with your web sites or our services. If a server space is disabled for such activities, the regular fees still apply.
8.2 Right to report Illegal Activities. We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action.
9.1 Public Nature of Internet. Please understand that all information submitted on the server space shall be considered publicly accessible. Important and private information should be protected by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
9.2 Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political messages. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use electronic mail services through the service provided through this Agreement.
9.3 Governing Law and Legal Fees. This Agreement will be interpreted and applied in accordance with the laws of the Province of Quebec, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees, whether or not a suit is actually filed.
9.4 Control and Ownership of IP. We maintain and control ownership of all IP numbers and addresses that may be assigned to you, and we reserve, in our sole discretion, the right to change or remove any and all IP numbers and addresses.
9.5 Resale of Services and Flow-down of Obligations. You may not, at any time and under any circumstances, lend, rend or resell space on your own server space. Furthermore, any person, employee or agent or yours will have to abide by the aforementioned regulations.
9.6 Transfer. Neither this Agreement nor any interest herein may be assigned in whole or in part, by either party hereto without the prior written consent of both parties.
Natmark-Concept inc. reserves the right to modify, and/or change the definitions of system abuse, as the complexity of technology may evolve and which entitle it to terminate the Customer’s access to the Internet. However, Natmark-Concept shall give 30 days prior notice to the Customer of such modifications and/or changes.
All notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
Contact us if you have any additional questions concerning the present hosting conditions.
"A well-planned and efficient transition - We've had a Website for almost 20 years and were up to our 3rd edition. We were looking for simple solutions, professional advice and centralized management, so we could focus on our actual profession.
Doing business with Natmark was salutary. We received sound advice on how to tweak and optimize our content. Without pressure, we did our homework and Natmark took over to transfer the site to a centralized hosting and management solution.
The personalized approach and clear analysis created the climate of trust we were looking for in a provider. Congratulations and thank you for the experience."
SPA Bêtes VIP
"At last, a hosting service where clients are more than numbers and accounts receivables! I greatly appreciate the reliability of your Web network and the quality of your customer support.
Each time I've contacted you, I have felt a genuine interest on your part towards me, my business, my expectations... and your good spirits too! Simply said, I understand that I am more than a mere client to you: a special and interesting case, a partner, and I wanted to thank you for this."
Concepteur-rédacteur publicitaire et formateur en rédaction à la pige
"As competent as I feel with regards to trademarks and intellectual property, as lost I become when it comes to technology.
Thank you for your eagerness to help when I reach the limits of my knowledge (and patience). Thank you for your reliability, your dedication, your competence and your efficiency. You are the cherry on top of my Sundae and a pleasure to recommend!"
"I’ve been using Natmark’s web hosting services since 2006 and am thoroughly delighted with the consistent level of outstanding service that I’ve received. Natmark quickly provides competent technical support whenever needed.
Thanks to their 100% reliable, efficient service, I have peace of mind knowing that all of my website services are in the hands of a highly skilled professional."
Myles McKelvey, President
McKelvey Communications inc.
"I must admit I am far from being an IT specialist. For me, getting a domain name and hosting services anywhere else than my Internet provider was a technological puzzle I never thought I would solve. That is, until I met Natmark.
I got step by step support, in a simple and efficient way, while getting much more reliable and stable service than with my previous provider.
I also benefit from a quick and personalized service when I have a problem, and the incredible patience of their tech support who can give answer to all my questions in terms I can understand. I highly recommend Natmark's hosting services without any hesitation."
Copywriting - Editing - Translation
" I really appreciated the precision of the answers to my questions and the excellent follow-through on my file even if my quest was long to start, for I did not know where I wanted to go with my site. The Natmark-Concept people really master their field, easily transmit their knowledge to you and are passionate about their job. From then on, nothing is impossible."
"I particularly appreciate their patience, professionalism, experience and thoroughness in many areas. They are able to quickly figure out what we want and know what has to be done. They clearly understand and efficiently meet our needs. They provide me with even more support than some of my closest associates! Natmark always sees things far beyond what I expected and I have complete confidence in them."
Robert Forcier, President
Collège des orthothérapeutes professionnels du Québec
"We appreciated the professionalism, the availability, the ideas that were submitted and the business relation we formed. We felt we were in good hands. Natmark-Concept has avant-garde ideas and can quickly understand your needs and make suggestions. They are quick, understand the sense and spirit of our company and reflect it in their work."
Nathalie Martin, President
"I was really impressed by Natmark's expertise and how they understood my needs and desires. The customer service was excellent and very friendly. I really appreciated their good balance of service, empathy, generosity and expertise. They far exceeded my expectations. Expertise, empathy, generosity and exceptional service – all these qualities are rarely found within one business. In my opinion, these words could be Natmark-Concept's slogan."
Trainer and lecturer