You acknowledge that the subscription to and use of Our Hosting services implies the acceptance of and adherence to, without reservation or restriction, Walled Networks' General Service Terms and Conditions, these General Hosting Conditions, all applicable special conditions for the use of accessory services that You may have subscribed to, rates and conditions and technical limitations of Our services, as outlined on Our website at http://www.walled.net (hereafter referred to as .Our Contracts. or .Walled Networks' Hosting Contract. of the .Present Contract..
Our Contracts are freely available for viewing on Our website, and they are also presented to You at the time of the subscription of a service, in accordance with the contractual process described in Walled Networks' General Service Terms and Conditions.
You acknowledge that You have read and accepted them, and to abide by them without condition or reservation.
Capitalized terms in used in Walled Networks' Hosting Contact are defined in Walled Networks' General Service Terms and Conditions, except for those that are defined in the present Hosting Contact.
The present Hosting Contract, which determines the services provided by Walled Networks within the framework of its hosting solutions and obligations as determined by the services subscribed to, fully complements Walled Networks' General Service Terms and Conditions whose clauses, unless stated otherwise in the present Hosting Contract.
The technical limits and characteristics of Walled Networks' Hosting services, and the optional additional resources that are also provided, as well as all the corresponding prices and any special conditions, are detailed and made available for viewing on Our website at http://www.walled.net so that You can gain awareness of them before subscribing to one of Our services.
You choose the configurations that meet Your needs, and You can subsequently increase or decrease resources (RAM, processor power, bandwidth, disk space) that constitute Your server (except for disk space, which cannot be reduced), in total autonomy and at any time via Your secure management and administration interface through Your Access Codes, in accordance with the contractual process described in Walled Networks' General Service Terms and Conditions.
Each server that is created with the resources You have chosen will have a fixed IP address, so that server can be identified on the Internet.
The limits of Our obligations and Our responsibility, and the conditions under which We may take action on Your Account and/or server(s), are detailed hereafter, in addition to Walled Networks' General Service Terms and Conditions.
Consequently, You commit Yourself to choosing a service that meets Your needs, or those of Your Administrators or Users, to abide by and to assure adherence to the technical specifications and limitations of Our services, to assure that the use of Our services is done within the limits of the law, and in accordance with Our Ethical standards, and to identify Yourself with Our services.
Additionally, in accepting the present Contract and by using Walled Networks' Hosting Services,You must constantly guarantee adherence to the the specific obligations below.
In accordance with Our Contracts (Article 3 of Walled Networks' General Service Terms and Conditions), You take it upon Yourself to assure the strict compliance to obligations that are incurred to You due to Your activity, professional or not, and/or Your status (regulated activity, for example), in such a way that Walled Networks is never bothered in this regard.
As indicated above, each server (which can be composed of one or several shares) that You create via Our Hosting Service corresponds to a static IP address that will allow for the server to be identified on the internet.
In compliance with laws and legislation in force in Canada, if We are required, We will communicate, in Our function as a hosting provider, the contact information in Our possession that corresponds to the Walled Networks handle that was used to subscribe to the service.
You acknowledge and accept that, in accordance with Our Contracts, and under sanctions mentioned therein:
You are completely responsible, including in the event that You You are completely responsible, including in the event that You resell Our services, or grant a license to use to a third party, whether professional or not.
In accordance with Your obligation to guarantee, in permanence,that Our services are being used in a legal manner, and in conformity with Our Ethical standards, Walled Networks' General Service Terms and Conditions (Article 3), You agree to promptly act, particularly upon receipt of any notification from a third party claiming to have been wronged and mentioning Content present on all or part of Your servers, notably a notification that would be addressed to You, directly or indirectly, in accordance with the Canadian law regarding trust in the digital economy, to delete litigious content or to render its access impossible, or to take all necessary action to satisfy the conditions of the notification, in such a way that Walled Networks is never bothered in any way.
You notably guarantee that:
You specifically acknowledge and agree that:
Consequently, in order to avoid the suspension or deletion of Walled Networks' hosting service, You must take all necessary measures to assure that You are abiding by Our Contracts and all applicable Canadian laws in force. You must quickly and personally intervene, to put an end to any illicit or prejudicial use of Our service that is under Your full and sole responsibility, and to clearly identify Yourself within the framework of Your activity and to assure that all administrators or users of Your servers do likewise.
In any event, it is a violation of the present article and a serious breach of Your contractual obligations if You do not intervene on Your server. Such non-intervention may lead to Your liability with regards to Walled Networks, notably if We are blamed in Your place, without prejudice to Your responsibility with regards to third parties, in conformity with applicable Canadian law.
You shall indemnify and guarantee Walled Networks of any and all consequences We may suffer due to Your use of Our services, or associated to any of Your Contents. This obligation will survive the termination of this Contract.
You specifically guarantee Walled Networks against all and any action or claims from third parties linked to the Content installed, issued,published, transmitted, broadcast or reproduced through Your servers, in particular that which results from infringement of personality rights, an ownership right linked to a patent, a trademark, designs and models, copyright, respect of privacy, good moral standards, from the provisions of the Canadian Penal Code, and/or to abuses or practices that are prejudicial to Internet users, whether the said Content was installed by You or by a third party.
You also agree to find a rapid solution to each problem or dispute which may arise with regards to Your use of Our services and, where applicable, to rapidly communicate the identity of any third party which has a license or right to use and/or manage the services operated via Our technical solutions.
To help You build a backup architecture that is adapted to Your needs, We provide You with various optional services for the backup of Your Contetn and/or technical settings, which are described and presented on Our website, which You can choose to use or not.
Additionally, in the event of the cancellation of service, for whatever cause, or if Your subscription has ended, Walled Networks will delete all the data associated with Your corresponding server(s).
You must therefore backup and recover Your contents before the expiration of Your service, or before You change providers, as well as on a regular basis throughout the duration of Your subscription, as indicated in Our Contracts.
The backing up of Your content and technical settings shall be Your sole responsibility. You must take all the necessary steps to ensure regular backups and protection of Your Content and all Your data and configurations, as well as their up-dates, on media outside Walled Networks.
Notably, it is Your obligation to assure that this IP Address is not listed on one or more blacklists, whichever ones they may be and, if necessary, to take all necessary actions to remove the IP address or addresses that are listed, without delay, and to guarantee or addresses that are listed, without delay, and to guarantee Walled Networks with regards to this.
This payment system will allow You to easily add and remove resources that You have subscribed to within Walled Networks' Hosting service at any time.
Upon the subscription to the Walled Networks hosting service, You commit to paying the price for the service and the options that You have subscribed to, for the duration that You have chosen and in conformity with Article 8 hereafter.
In the event of a subscription, during the course of an ongoing subscription, if any new option or one or more options are more expensive than the one originally paid for, You agree to pay for the corresponding amount, for the remaining period.
In accordance with Walled Networks' GeneralService Terms and Conditions, We will only be contractually bound, and You may not benefit from the service ordered, until We have received and validated Your full payment.
Upon the completion of the contractual process, in conformity with Walled Networks' General Service Terms and Conditions, We will email You a notification of activation associated with Your Walled Networks Account.
For example, the activation of the service, subject to the reception and validation of Your complete payment for the services and options subscribed to, is completed on average within one hour of the subscription via Our website, it being noted that this time frame depends on the choices made.
This interface notably allows You, in total autonomy, and under Your full responsibility:
Additionally, and in conformity with Walled Networks' General Service Terms and Conditions, depending on the service chosen, You may associate Your server to one or several "administrators" so that they will be able to connect to the server in question, via a password that has been attributed to them (completely separate from Your own Walled Networks Access Codes).
As a reminder, in accordance with Our Contracts:
Upon Your Account's activation, You can take advantage of Our services and resources for the duration that You have chosen.
Our Hosting offer is very flexible: You can use the resources for one or several days, one month, one year; You can even add additional resources for a few hours.
The Walled Networks Hosting Contract and services that You have subscribed to also terminate if You cancel them before the end of subscribed to also terminate if You cancel them before the end of their scheduled expiration date (see the article below), or in the case that they were terminated by Walled Networks, in the conditions outlined below.
It must be expressly requested by You from Your secure management and administration interface, after logging in with Your Access Codes.
To take effect, the renewal of the service requires the complete payment (reception and validation) of the service(s) renewed.
If these deadlines are not met, the renewal without a disruption in service cannot be guaranteed. We strongly recommend that You renew the service well in advance, and take into consideration the means of payment chosen to credit Your Walled Networks Prepaid Account, and this, to avoid any disruption in service upon expiration.
In accordance with Our Contracts, We remind You that:
We also reserve the right to suspend Your server if it is under a DDoS attack, which may disturb the well-functioning of the platform.
Additionally, You accept and agree that Walled Networks cannot be held liable for any interventions that have been taken as part of the present Article 11, and You can not claim any indemnity or refund,regardless of the contractual period underway during which this termination by Walled Networks may have occurred.
Additionally, You may be required to pay damages or interest in the case of prejudice, in addition to application of the penalties prescribed by legislation in force in Canada.
In that respect, Walled Networks may intervene under the following circumstances:
These interventions, and notably scheduled maintenance, are excluded from Our service level agreement, as outlined in the beginning of the Contract (Article 2). Consequently, any downtime that may result are not grounds for a refund or crediting of Your Walled Networks Prepaid Account.
This access is intended to facilitate the prompt resolution of certain legal and/or technical problems.
In all event, Walled Networks reserves the possibility of, if it is absolutely necessary,to interrupt some or all of the service in order to perform a technical intervention, particularly in the case of defective operation, or to improve the operation, or to perform any maintenance operation.
We shall do everything necessary to limit the time of the said interruption as much as possible and, if possible, We shall give You reasonable prior notice, indicating the date, the type and the duration of the intervention, so that You can make all the necessary arrangements.
However, You acknowledge that We will not be able to give You prior notice in the case where the service interruption is due to an external reason (in particular, one that would be inherent to Internet itself) or if it is explicitly requested by a competent authority or in application of current Canadian law.
However, You acknowledge and accept that the software security of each of Your servers shall be Your sole responsibility. Notably, You agree to take all the steps necessary to secure the access to Your server(s), and of Your Access Codes and passwords, as with every website or service put in place via the subscription to Walled Networks' Hosting service.
You agree that You are fully responsible for:
It is also Your sole and entire responsibility to maintain and update software, notably security software, pertaining to Your server(s) or their backup, or to all website or service that has been put in place through Your subscription to Walled Networks' Hosting service.
Under no circumstances may Walled Networks be held responsible for security flaws and damage resulting from Your failure to update the security software and maintain suitable security protocols in the administration of Your server(s) or service(s).
You agree to inform Walled Networks immediately of any security flaw or any abusive use of Your server(s), regardless of the type, which comes to Your knowledge, so that We can co-ordinate Our efforts if necessary.
In addition, We reserve the right to suspend, or even delete Your server(s) or Our services and associates resources without prior notice in the case of a security flaw originating from Your server(s).
In order to ensure the continual access of its services, Walled Networks shall duplicate Your data and the information hosted on Your server.
However, You acknowledge that the use of this solution does not constitute a contractual guarantee and,under no circumstances, does it relieve You from performing regular backups of Your data and Your configurations on a medium outside Walled Networks.
Finally,You commit Yourself to co-operating with any administrative or legal request concerning all or part of Our services, including on Your server(s).
In order to prevent any abusive use or access of Your server(s) by a third party, We strongly recommend that You configure Your server appropriately, use at least a firewall where applicable, and monitor unusual transmissions of Your server(s) (for example by installing a monitoring system).
In addition, You acknowledge that You were informed that the applications and/or nature of Content made available via Your servers are liable to interfere with the accessibility and operation of Your servers, and any websites that might be hosted on them. We shall not accept any liability for this situation.
You acknowledge that Walled Networks is not subject to any general obligation to monitor the Contents or applications transmitted or stored through Walled Networks. Although Walled Networks reserves the right to proceed with verifications, We have no obligation to perform any active search for incidents or circumstances involving illegal or prejudicial activities.
In any event, in the case where the responsibility of Walled Networks would be demonstrated,You cannot claim any indemnification greater than the amount which has been paid to Walled Networks in return for the concerned service and corresponding to the actual unavailability/dysfunction period for this service.
By reselling Our services, You agree to offer Your clients the same level of service quality as provided by Walled Networks, and to respect the same ethical standards (as defined in Our Contracts).
In this respect, You agree to pass on to Your own clients at least the obligations stated in Walled Networks' General Service Terms and Conditions and the present Walled Networks Hosting Contract and, more particularly, You agree to ensure that Your clients respect all the obligations stated in this present Contract.
In addition, You agree to uphold all obligations and responsibilities set forth in Walled Networks' General Service Terms and Conditions at Your expense, with regards to Your clients and/or third parties, in addition to those incumbent on web hosting companies, according to the legislation in force, particularly in Canada.
You agree to act in a way which ensures that Walled Networks is never bothered due to Your activities and/or Your use of Our services, whether professional or not, including as a reseller.
Particularly, You agree to assure that, before any reselling of Our services, that Your customer does not directly or indirectly participate in spamming activities that is listed in the "Spamhaus" registry (Spamhaus Register of Known Spam Operations . ROKSO,whichmaybefreelyviewedat http://www.spamhaus.org), and/or is not listed and shall vouch for Your customer.
You explicitly agree to defend and hold harmless Walled Networks to any prejudice or any sentence that should result, either directly or indirectly, from Your activities and Your use of Our services, or the use of third parties through Your intermediary. This obligation shall survive the termination of the Contract.
Specifically, You agree to insure Your activity in order to cover all damage that it may incur, and to be able to efficiently guarantee Your commitments with regards to Walled Networks.
Our tolerance, if any, of a breach of Contract on Your part, can not be considered as a waiver of Our right to invoke such breach.
In the event of any stipulation of the Contract being declared void or non-enforceable by a competent court, it shall be declared unwritten,and will not lead to the cancellation of other stipulations, which shall remain in force to their full extent.
In compliance with the Canadian Civil Code regarding the relative effect of contracts, this Contract shall only have effects between the contracting parties, and may not be invoked by third parties.
Only the text of the Canadian version of this Contract shall govern in the event of a dispute of interpretation of the present Contract.
The parties should endeavour to settle any dispute concerning the validity, interpretation or execution of this Contract on an amicable basis.
You agree that You have been informed and expressly accept that if no amicable solution is found, in accordance with current Canadian law that applies to Us, and unless there exists a clause to the contrary, any dispute concerning the validity, interpretation or execution of this Contract shall be referred exclusively to Walled Networks.
In addition, You acknowledge and accept that You may appeal, notably in the framework of claims under guarantee; under any other jurisdiction for which the procedure may have been filed by or against a third party.