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Terms of Service

 

Terms of Service

When using the Service provided by PJMCo.ca, defined below in Section 1.1, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.

PJMCo.ca reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.

This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current PJMCo.ca client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

1. Service

1.1. PJMCo.ca provides Website Hosting services, including, but not limited to, Disk space for File Storage; FTP Access for uploading and downloading files to and from your assigned account.

1.2. Any means of identification assigned to you by PJMCo.ca (including username and IP address) will remain the property of PJMCo.ca. PJMCo.ca reserves the right to alter or replace these forms of identification at any time.

1.3. PJMCo.ca makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. PJMCo.ca reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.

2. Registration Requirements

2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to PJMCo.ca that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age.

2.2. You agree to provide PJMCo.ca with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to PJMCo.ca within 30 days of the change.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 12. If any information provided by you is inaccurate, not current or incomplete, PJMCo.ca retains the right to suspend or terminate your account.

3. Use of the Service

3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.

3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.

3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects PJMCo.ca to liability; or is in any violation of the PJMCo.ca Terms of Service Agreement.

4. User Conduct

4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that PJMCo.ca simply acts as a passive conduit for the distribution and transmission of data.

4.2. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of PJMCo.ca.

5. SPAM and Unsolicited Commercial E-mail (UCE)

5.1. PJMCo.ca takes a ZERO TOLERANCE approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of PJMCo.ca may not use or permit others to use our network to transact in UCE. Customers of PJMCo.ca may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk Email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk Email being sent from servers.

5.2. Violation of PJMCo.ca’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PJMCo.ca will initiate an immediate investigation (within 48 hours of notification). During the investigation, PJMCo.ca may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PJMCo.ca may, at its sole discretion, restrict, suspend or terminate customer's account. Further, PJMCo.ca reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PJMCo.ca will notify law enforcement officials if the violation is believed to be a criminal offense.

PLEASE, DO NOT SPAM from your account.

5.3. As our customers are ultimately responsible for the actions of their clients over the PJMCo.ca network, it is advisable that customers develop a similar, or stricter, policy for their clients.

5.4. BLOCKING OF BULK EMAIL ("SPAM")

PJMCo.ca reserves the right to block email from any open mail relay, IP address or other source that PJMCo.ca believes are being used to send unsolicited commercial or bulk email, commonly known as spam.

6. Unacceptable Use of Service

6.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of U.S., Canada or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights.

6.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.

6.3. Spamming, to send unsolicited commercial Email or newsgroup posts, from the server or involving your domain.

6.4. Mail bombing, sending of large files or E-mails to other users against the request of an Internet user, whether or not our servers are used.

6.5. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

6.6. The use of programs that consume an excessive amount of CPU run time, data transfer or Random Access Memory (RAM) and the use of any exploitable or vulnerable scripts.

6.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.

6.8. ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. PJMCo.ca WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. PJMCo.ca WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.

7. Fees & Refunds

In order to insure uninterrupted service to your website, excluding domain name registration, all hosting plan fees automatically renew (charge your credit card) at the end of the plan's billing cycle without advanced notification unless cancelled.  Plan renewal charges are based on the price originaly paid on the date of activation according to the service selected or on the price agreed upon a service plan downgrade or upgrade.

For example; If you paid a total of $52.97 for the service selected, your next recurring fees will be locked at $52.97 (see: Price-Freeze Guarantee below) for as long as the account stays active. Plans are renewed for the same billing cycle and for the same plan features or limits originaly selected.  If you wish to cancel your plan before plan renewal, please refer to the Closing an Account section below (Article 12).

Please note, due to a payment system limitation powered by InternetSecure.com, there is no advanced notifications for upcoming recurring charges. InternetSecure.com is working on providing a notification system in a near future.

7.1. Setup fees (where applicable) are non-refundable. PJMCo.ca does not issue refunds for fees paid in advance, for fees and/or payment made towards your account or for account downgrades after the first 30 days of service or after 30 days of your yearly renewal payment.

7.2. Current pricing for PJMCo.ca services may be obtained on our Website’s Order Form.  PJMCo.ca reserves the right to change prices, service plans, offers and rates at any time.

7.3. A service charge, up to the maximum allowed by the state or province you reside in, will be assessed to your account for each check that is returned to PJMCo.ca for insufficient funds.

7.4. Payment must be made towards your account on its assigned due date. If your credit card declines the payment on its assigned due date, our automatic payment system, powered by InternetSecure.com, will automatically reattempt 5 days in a row and we will notify you via e-mail each time it declines to the e-mail address you used during the signup process. It is your responsibility to keep your e-mail address up to date with us as we send our notifications to the e-mail address you used during the signup process.

If we do not receive any replies to our e-mail notifications or if we haven't heard from you, your account will be determined as delinquent and may be suspended or terminated at the sole discretion of PJMCo.ca until you can provide us with new credit card information.   PJMCo.ca may, at its sole discretion, charge a fee of $CND25.00 or greater to reinstate a suspended account.

If your credit card is expired, maxed-out or inactive, you must contact us via telephone at 1-888-312-2020 to update your credit card before your assigned due date.

IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, PJMCo.ca RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.

7.5. If you believe that PJMCo.ca has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. All refunds incur a $CAD3.00 service fee.

8. Disclaimer of Warranties

8.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. PJMCo.ca does not warrant that the Service will be uninterrupted or error-free. PJMCo.ca makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through PJMCo.ca. No advice or information given by PJMCo.ca, its employees, affiliates or contractors shall create a warranty.

8.2. PJMCo.ca shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.

9. User Remedies

9.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 12.

9.2. Under no circumstances shall PJMCo.ca, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

10. Indemnity

10.1. You agree to defend, indemnify, and hold PJMCo.ca and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

11. Termination of Agreement

11.1. You may terminate this Agreement by using the methods outlined in Section 12 of this Agreement. Your termination will only be complete upon your receipt of a confirmation from PJMCo.ca. You will receive this confirmation either via Electronic Mail. Charges to your account will stop accruing the day you receive your confirmation. Please be aware that there are no pro-rated refunds after the first 30 days of service.. All refunds incur a $CAD3.00 service fee.

11.2. PJMCo.ca may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of the date they accrue.

11.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.

11.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

12. Closing an Account

12.1. Cancellation requests must be received by PJMCo.ca a minimum of seven (7) days prior to the end of your Billing Cycle. Cancellations submitted later than this time will result in automatic renewal of your hosting plan and subject to a $3.00 refund processing fee. Cancellations become effective on the day the request is received. PJMCo.ca is unable to cancel your account for a future date. Please be aware that there are no pro-rated refunds after the first 30 days of service. PJMCo.ca will confirm the cancellation request via e-mail when it is processed.

12.2. The request must include the domain name and at least 2 of the following information:
1. Full Name
2. Full Address
3. E-mail address used at the time of signup
4. FTP username and its original password
To send your request, please click here.

12.3. PJMCo.ca does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to PJMCo.ca's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. PJMCo.ca reserves the right to cancel any account, at any time, without notice, for any reason PJMCo.ca considers appropriate.

13. Third-Party Offers, Products or Services

13.1. Special third-party offers are provided as a service to PJMCo.ca customers. PJMCo.ca is not responsible for any third-party offers, services or products. PJMCo.ca makes no representations or warranties regarding third-party services.

13.2. This Agreement shall be governed by and construed in accordance with the laws of Canada, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and provincial courts having jurisdiction for New Brunswick, Canada, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and PJMCo.ca. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred.

14. 30 Day Money Back Guarantee

14.1. PJMCo.ca offers an unconditional, 30 day, money back guarantee. You can try out our service for 30 days and if you aren't satisfied at what you've found here, we'll give you a refund.  Signup now, without any risk and see for yourself the high quality service that PJMCo.ca truly provides, guaranteed!

15. Price-Freeze Guarantee

15.1. PJMCo.ca proudly offers its clients a "Price-Freeze Guarantee."  This guarantee allows the client to use PJMCo.ca’s services with full confidence.  PJMCo.ca guarantees that it will never increase or decrease monthly or yearly fees for existing clients of any hosting package. This guarantee is effective upon activation of a hosting account. Immediately after the hosting account setup is completed, a price-lock freeze will be established on the account and the price cannot increase or decrease for the existing account with the existing hosting package unless the client requests an upgrade or a downgrade.

15.2. The clients is aware that PJMCo.ca may proactively change the specified rates and charges from time to time, with any new rates or changed pricing be exclusively effective for new accounts or hosting package changes. The client is aware that rates and offers can change upon hosting package modification or new account activation and may or may not be available for purchase at any time in the future.  However, existing accounts will establish a price-lock freeze for their hosting package upon sign-up and will not be affected by changed pricing or offers.

IMPORTANT NOTE

This Terms of Service Agreement constitutes the entire Agreement between you and PJMCo.ca with respect to the Service. 

You, the user, are required to read this section of our website. It is your duty to read, and agree to our Privacy Policy, Terms of Service, Spam Policy.  Please check these documents periodically for changes and updates made by PJMCo.ca.

Any and all violations of any of the policies listed above will be pursued through legal action.

Privacy Policy

PJMCo.ca explicitly asks when it needs information that personally identifies you ("Personal Information"). PJMCo.ca asks for general contact information and, where appropriate, credit card information.

PJMCo is the sole owner of the information collected on this Web site. We only gather information we need to serve you better and will NOT - without your consent, - sell, share, or rent this information to others in ways different from what is disclosed in this statement except in cases where in good faith we believe that the law requires us to do so, it is necessary to protect PJMCo's rights and/or property, or if circumstances necessitate acting to protect the personal safety of staff or of the public.

New users will receive PJMCo.ca’s account specific information explaining the features provided by the service as appropriate. From time to time, PJMCo.ca may be required to send you information about the service or your account.

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