Terms of Service

The Terms of Service governs your acceptance of Kirsir Internet Solutions (hereinafter referred to as "Kirsir") services.

Account Setup

When we receive nofication of your order, we will set up your account based on the hosting plan you ordered once we have received your payment and made sure it is not fraudulent. This applies to all payment methods, including credit card/PayPal and Mail-in-Payment by cheque. Once completed, you will receive a welcome email with detailed information about your account.

Kirsir will not activate new orders for customers who have an outstanding balance. For a new order to be processed or a new account to be activated, you must have a balance of $0.00, unless otherwise stated by Kirsir in writing. Kirsir does not charge any setup fees.

Your Contact Information

It is your responsibility to keep your contact information including primary email address up-to-date at all times. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. You must provide us with an email address that is not at the domain(s) that you are signing up under so that if the case ever arises that your account is suspended or your domain name expires, we will still be able to contact you.

If you have a domain name registered with Kirsir, it is your responsiblity to ensure that the contact information for your domain account and actual domain name is correct and up-to-date. Kirsir is not responsible for domains expiring due to outdated contact information for the domain.

If you need to verify or change your contact information, you should email us at support@kirsir.ca. Providing false contact information of any kind may result in the termination of your account.

Passwords

It is required that you use a secure password for your account, one that includes lower and upper case letters, numbers, and symbols. Weak passwords increase the risk of unauthorized access to your account and server and compromises our entire network. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If your password is found to be weak, we may request that you update it.

You are responsible for choosing a strong password and changing it regularly. You understand that passwords can be guessed correctly. Kirsir is not responsible for unauthorized access to your account that result from password guessing, weak password selection, or passwords that are not updated regularly. If you detect unauthorized access, update your password immediately and/or email us at support@kirsir.ca.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password.

Account Content

All services provided by Kirsir are provided for authorized customer use and may only be used for lawful purposes. We abide by all laws of the Province of Manitoba and Government of Canada.

Unacceptable Materials

Certain content is not allowed on your account. Any account found with any of the following unacceptable material will be suspended. It is your responsiblity to ensure content on your account meets our standard. Examples of unacceptable material on all servers include:

  • Child Pornography*
  • Hateful/Racist/Harassment Websites
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

*Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any account found to host child pornography or linking to child pornography will be suspended immediately without notice.

System Monitoring

Kirsir systems may be monitored for lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of Kirsir system(s) constitutes consent to monitoring for these purposes.

Copyright Infringement

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. The customer agrees to indemnify and hold Kirsir harmless from any claims resulting from the use of our services.

If you believe that your copyright or trademark is being infringed upon, please email us. We will notify the account holder of the infringment immediately.

Connecting to 3rd Party Network

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Kirsir may request and require documentation to prove authorized access to a third party network or system.

Content Violation

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.

If you have questions regarding the acceptability of your account content, please email us at support@kirsir.ca.

Payment Policy

You agree to supply appropriate payment for the services received from Kirsir, in advance of the time period during which such services are provided. You agree that until and unless you notify Kirsir of your desire to cancel any or all services received (via appropriate means as described in the Cancellations section), those services will be billed on a recurring basis including when accounts are suspended. Kirsir does not store any credit card information as PayPal provides all credit card payment processing. Please contact PayPal directly if you have problems with your credit card or subscription.

Invoices

Invoices are generated up to seven (7) days prior to their due date and sent via email to the address or addresses you have saved in the Client Area. Kirsir sends invoices as a courtesy reminder only. As a client of Kirsir, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time regardless whether you successfully receive the emailed invoice or not.

If you already have an active PayPal subscription for an order/invoice, there is no need to do anything as your payment will be made automatically on the due date and we will send a confirmation email when completed. If the order/invoice is new or the product or service is a one-time payment, you must pay the invoice manually. Invoices that have been paid more than once with multiple Paypal subscriptions will be refunded via Paypal. If a double payment is made, please conact our Billing Department at billing@kirsir.ca.

Kirsir provides a seven (7) day overdue grace period from the time the invoice is due to when it must be paid. When an account's invoices are paid after the seven day grace period, invoices will not be automatically generated. However, once you notify Kirsir of your intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Failure to Pay

An invoice is considered overdue if it remains unpaid after the due date. Kirsir provides a seven (7) day grace period where an invoice can be overdue without penalty. We will however, send you email reminders of an overdue invoice. Any invoice that is outstanding after seven (7) days and not paid will result in account suspension. After ten (10) days, a $10 late fee will be applied to any outstanding invoice. The late fee is applied in addition to whatever else is owed to Kirsir for services rendered. Access to the account will not be restored until payment has been received in full. After an invoice remains unpaid for 30 days, your account may be terminated without further notice.

Domain Renewals

It is the customer's responsibility to ensure their domain remains active and that renewals are paid on time. Domain renewal notices are provided as a courtesy reminder only. Kirsir shall not be held responsible for failure to renew a domain that results in your website and/or email being unaccessible or your domain expiring.

Refund Policy

Customers may cancel at any time (please see the Cancellations section for further information). Refunds will be offered when payment is via credit card or PayPal. Kirsir gives you a 30 day money-back guarantee if you are unsatisfied with your hosting account within the first thirty days.

Non-Refundable Payment Methods & Services

The following payment methods are non-refundable, and refunds will be provided as a credit to the hosting account:

  • Cheques
  • Bank Wire Transfers
  • Money Orders
  • Western Union Payments

There are no refunds on administrative fees, software install fees, SSL certificates, or domain name purchases. Refund requests for hosting accounts after the initial 30 days will be refunded on a prorated basis of any unused time. Violations of the Terms of Service will waive the refund policy.

Money-Back Guarantee

Kirsir offers a 30 day money-back guarantee to clients whose initial payment for their hosting account was via credit card or PayPal. During the first 30 days after your account is set up, if you are unsatisfied with our services and wish to leave, we will gladly provide you with a full refund of your initial payment and close your account. This policy only applies to hosting plan fees. It does not apply to other products you purchase with your hosting plan such as domain names, dedicated IP's, or SSL certificates. Other forms of payment other than credit card or PayPal are not applicable for a refund and will be provided as a credit to the hosting account.

Only new, first-time accounts are eligible for our 30 day money-back refund. For example, if you've had an account with us before, cancelled, and signed up again, you will not be eligible for a full refund. If you already have an account and open a second account with us, that account is also not eligible for a full refund. In these cases, any refunds will be on a prorated basis for any unused time.

To request a refund during the first 30 day period, please initiate a cancellation request (as explained in the Cancellations section) and then email us at billing@kirsir.ca to request a refund. Please include your account domain name, email address, and reason for cancellation/refund in your email. If you qualify for a full refund, we will close your account immediately and refund your initial hosting fees. This is accomplished by refunding the fees to your PayPal account or crediting your account with the payment amount. You are responsible for ensuring all files and emails within your account are backed up elsewhere as they will be deleted once your account is closed.

Cancellations

Cancellations must be done in writing via the cancellation form within the Client Area. This is accessed by navigating to the product/service you wish to cancel and clicking the cancel button. Once we receive your cancellation request, our system will send you a notification email. After we have confirmed all necessary information with you via email, we will process your cancellation shortly thereafter and inform you that your account has been successfully cancelled. If you do not receive an email confirmation from us, please contact us immediately via email at billing@kirsir.ca.

We require that cancellations of service be completed through the Client Area in order to: (i) confirm your identity, (ii) confirm in writing that you realize all content will be deleted, and (iii) document the request. This process reduces the likelihood of mistakes and fraudulent/malicious requests. Furthermore, it ensures you are aware that all content in your account will be removed immediately after a cancellation request is processed. It is your responsibility to ensure you have backup copies of said content.

Spam Policy

We have a zero tolerance policy against sending of unsolicited email, bulk emailing, and spam. We take this very seriously as spam can affect our other clients. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account suspended and/or terminated with or without notice.

Websites advertised via spam (spamvertised) may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Being blacklisted because of spam email sent from an account affects other account holders on our servers. Action will be taken immediately to stop spam and blacklisting.

Kirsir reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Kirsir reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Kirsir.

Site Transfers

We understand it can be confusing to transfer files from a current host to a new account with us. For this reason, Kirsir provides free courtesy site transfer during the first 30 days after your account has been set up. We will make every effort to assist you in moving your site to us, however, this is a courtesy service and we cannot make any guarantees if a transfer of some or all account data is possible. Each hosting company is configured differently and may make it extremely difficult if not impossible to transfer your files. We will definitely try to help but in some situations, we may be unable to transfer your site from your old host.

To request this service, please email sales@kirsir.ca within the first 30 days. We will need additional information from you such as current host, file types, login information, etc. After 30 days, the site transfer service will incur a cost.

Backups and Data Loss

We recommend that all account holders ensure they have a backup of all content within their account. Backups can be made quickly in one convenient file from within cPanel or you can use FTP or the File Manager to download files. Our server backups are run each Sunday, overwriting any of our previous backups made. Only one week of backups are kept at a time. This service is provided to you as a courtesy.

Your use of your account is at your sole risk. Kirsir is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Kirsir servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to by Kirsir. Using your account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Server Resource Usage

Server resources are important to all Kirsir clients. We will not allow one account to monopolize resources and jeopardize resource availability for other accounts. If you are found to be using system resouces in an unacceptable manner, your account will be suspended.

Unacceptable Usage

The following resource usage is unacceptable:

  • Using 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems including CGI scripts, FTP, PHP, HTTP, etc.
  • Running cron entries with intervals of less than 15 minutes.
  • Running stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons (such as IRCD).
  • Running any type of web spider or indexer (including Google Cash/AdSpy).
  • Running any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them.
  • Participating in any file sharing/peer-to-peer activities
  • Running any gaming servers such as Counter Strike, Half-Life, Battlefield1942, etc.
  • Running any software that interfaces with an IRC (Internet Relay Chat) network.

Recommendations to Reduce Usage

In order to reduce resource usage, you are strongly recommended to do the following:

  • When using PHP include functions for including a local file, include the local file directly rather than the full URL. For example, instead of include('http://yourdomain.com/include.php'), use include('include.php').
  • To help reduce usage, do not force HTML to handle server-side code (like php and shtml).
  • Only use HTTPS protocol when necessary (e.g. log in pages, private areas, credit card entry, etc.). Encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Inodes

Every file on your account (e.g. web page, image, email, etc.) uses up 1 inode. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. The use of more than 250,000 inodes on any account may potentially result in a warning first, and if no action is taken, future suspension.

Sites that slightly exceed our inode limits are unlikely to be suspended. However, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catch-all email address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. For this reason, we have disabled the default address for all accounts.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan you purchase. Everytime there is a request to the server for a file, the server must respond and send it back. This includes every web page, image, PDF file, Flash file, email, IMAP transfer, FTP, and more. The size of each file contributes to your bandwidth usage.

Should your account pass the allocated amount during the month, we reserve the right to suspend the account until one of the following conditions occurs:
  • The start of the next allocation is reached (i.e. the beginning of the following month when your bandwidth is reset to zero)
  • You purchase more bandwidth at an additional fee
  • You upgrade to a higher hosting plan level that includes more bandwidth
Unused bandwidth transfer in one month cannot be carried over to the next month.

Uptime Guarantee

If your shared server has a physical downtime that is not within 99.9% uptime you may receive one month of credit on your account. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

To request a credit, please contact our Billing Department at billing@kirsir.ca with justification. All requests must be made in writing via email. Approval of the credit is at the discretion of Kirsir and is dependent upon justification provided.

Price Changes

We reserve the right to change prices listed on Kirsir.ca, and the right to increase the amount of resources given to plans at any time. If our prices change, we will notify our customers in advance so that they can understand the changes on future invoices.

Coupons and Discounts

Coupon codes are reserved for first-time accounts (or first-time customers) only and may not be used towards the purchase of a domain registration unless otherwise specified. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of this policy may have the appropriate invoices added to the existing account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account.

Account Suspension/Termination

Kirsir reserves the right to cancel, suspend, or otherwise restrict access to your account at any time with or without notice if you violate the Terms of Service. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Please email our Support Department at support@kirsir.ca if you have any questions about a suspended account.

Disclaimer

Kirsir shall not be responsible for any damages your business may suffer. Kirsir makes no warranties of any kind, expressed or implied for services we provide. Kirsir 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 Kirsir and its employees.

Disclosure to Law Enforcement

Kirsir 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 co-operate fully with law enforcement agencies. Violations will be reported to the appropriate law enforcement agency.

How to Contact Us

If you have questions or concerns relating to the Terms of Service, please contact Kirsir at info@kirsir.ca or via one of the methods on our Contact page.

Changes to the Terms of Service

Kirsir reserves the right to revise and update the Terms of Service at any time and without notice. You are cautioned to review the Terms of Service posted on the website periodically.

Last Updated

The Terms of Service was last updated on July 14, 2010.

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