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WEB HOSTING TERMS OF SERVICE

Effective Date: January 1, 2026
Service Provider: AMGmedia Works Inc. (operating as “AMGmedia-Labs”)
Website: https://www.amgmedia-labs.com

1. AGREEMENT TO TERMS

These Terms of Service (“Terms“) govern your use of web hosting services provided by AMGmedia Works Inc., doing business as AMGmedia-Labs (“we“, “us“, “our“). By using our services, you (“you“, “your“, “Customer“) agree to be bound by these Terms.

2. ACCOUNT AND BILLING

2.1 Service Fees

You agree to pay the monthly or annual hosting fee as specified in your hosting package on or before the payment due date. Fees are subject to change with 30 days notice.

We may increase fees due to:

  • Significant increases in costs of infrastructure, labor, or third-party services
  • Changes to hosting package specifications or features
  • Annual price adjustments

Any fee increase will take effect on your next billing cycle after the 30-day notice period.

2.2 Payment Terms

  • Monthly Plans: Payment due on the first day of each month
  • Annual Plans: Payment due on anniversary of signup date
  • Accepted Methods: Credit card, e-transfer, or pre-authorized payment
  • Currency: All fees in Canadian Dollars (CAD)

2.3 Late Payment and Interest

Overdue amounts are subject to interest at 1.5% per month (18% annually), calculated monthly and compounded. We may suspend services if payment is more than 5 days overdue.

2.4 Billing Disputes

You must notify us of any billing disputes within 30 days of the charge. After 30 days, charges are considered accepted. Chargeback fees from your credit card company may result in a $50 administrative charge.

2.5 Account Information

You must maintain current and accurate contact information, including:

  • Valid email address (not hosted on your account’s domain)
  • Current phone number
  • Current mailing address

2.6 Account Security

You are solely responsible for:

  • Maintaining strong passwords and authentication procedures
  • Protecting access credentials and login information
  • Security of your server, account, and data
  • All activity performed through your account, whether authorized or unauthorized
  • Installing security updates and patches for your software

We are not liable for damages resulting from unauthorized account access, password compromise, or security breaches resulting from your security practices.

3. REFUND POLICY

3.1 Shared Hosting Money-Back Guarantee

New shared hosting customers may request a full refund within 30 days of account activation. Refunds apply only to the first payment for shared hosting services.

3.2 Other Services

All other services, including:

  • Virtual Private Servers (VPS)
  • Dedicated servers
  • Domain registrations
  • SSL certificates
  • Additional services beyond shared hosting

are non-refundable except at our sole discretion.

3.3 Cancellation Does Not Equal Refund

Cancelling your service does not automatically entitle you to a refund. Refunds, if granted, are at our complete discretion.

4. DATA TRANSFERS

When we transfer your data to or from our servers (migration service), we provide this as a courtesy. We make no guarantees regarding:

  • Completeness of data transfer
  • Functionality after transfer
  • Timeline for completion
  • Compatibility with other systems

You are responsible for maintaining backups of all your data.

5. ACCEPTABLE USE POLICY

5.1 Prohibited Content and Activities

You may not use our services to:

Legal Violations:

  • Violate any Canadian, U.S., or international laws
  • Infringe on intellectual property rights (copyrights, trademarks, patents, trade secrets)
  • Share pirated software, music, movies, or other copyrighted material
  • Facilitate illegal file sharing or torrenting of copyrighted content

Harmful Content:

  • Store, transmit, or distribute child pornography
  • Transmit content that threatens bodily harm or property destruction
  • Publish defamatory or libelous material
  • Store or distribute malware, viruses, worms, or hacking tools
  • Host content that is obscene, threatening, or promotes violence

Fraudulent Activities:

  • Operate pyramid schemes, Ponzi schemes, or chain letters
  • Make fraudulent offers or advance financial scams
  • Impersonate others or forge network headers
  • Misrepresent information to deceive others

Network Abuse:

  • Launch denial-of-service (DoS/DDoS) attacks
  • Attempt unauthorized access to other systems or networks
  • Probe or penetrate security measures of other systems
  • Send unsolicited bulk email (spam)
  • Advertise using spam services or techniques
  • Share account passwords or access credentials

5.2 Resource Usage Limits

You may not:

Shared and Semi-Dedicated Hosting:

  • Use more than 30% of system resources for longer than 1 minute
  • Store more than 55,000 inodes per account
  • Use accounts for file backup storage or archiving
  • Store individual files larger than 150MB
  • Send more than 1,000 emails per hour
  • Exceed allocated bandwidth
  • Run continual background processes
  • Operate IRC bots or proxy services

VPS and Dedicated Servers:

  • May run any legal services except IRC and proxy services
  • Must comply with reasonable resource usage for server tier

5.3 Enforcement

Violation of these policies may result in:

  • Immediate content removal
  • Service suspension or termination
  • Additional charges for cleanup or mitigation
  • Referral to law enforcement if warranted

6. INTELLECTUAL PROPERTY

6.1 IP Address Ownership

All IP addresses, protocols, and network resources assigned to your account remain our property. We may modify or reassign IP addresses at our discretion.

6.2 Your Content

You retain ownership of all content you upload to our servers. You grant us a limited license to store, transmit, and display your content solely to provide hosting services.

6.3 Upstream Provider Terms

Our services are provided through third-party infrastructure providers. You acknowledge and agree that you are also bound by the terms of service of our upstream providers, and we are not liable for any actions, suspensions, or service interruptions initiated by our upstream providers in accordance with their terms.

7. INFORMATION AND DISCLOSURE

7.1 Required Information

You agree to provide accurate information when requested, including:

  • Government-issued identification (if required)
  • Payment information
  • Business description
  • Contact information

7.2 Legal Disclosure

We may disclose customer information, account data, IP addresses, or content if required by:

  • Court order
  • Subpoena
  • Search warrant
  • Administrative tribunal order
  • Law enforcement investigation

We will comply with lawful requests for information as required by applicable law.

7.3 Protected Data and Compliance

Customer Proprietary Network Information (CPNI): Your account information and network usage data is protected as CPNI under applicable telecommunications laws.

Protected Health Information (PHI): You must immediately notify us if any data stored on our services includes Protected Health Information as defined under HIPAA. Failure to notify us may result in immediate service termination.

Data Breach Notification: You are responsible for complying with all applicable data breach notification laws for data you store on our services.

8. SERVICE AVAILABILITY AND SUPPORT

8.1 Service Level

We strive to provide reliable hosting services but make no guarantees regarding:

  • Uptime percentage
  • Continuous, uninterrupted service
  • Error-free operation
  • Response time to support requests
  • Data integrity or security

8.2 Backups

While we perform regular backups, you are solely responsible for maintaining your own backups. We are not liable for any data loss.

8.3 Support

Support is provided during business hours (Monday-Friday, 9 AM – 5 PM Pacific Time) via:

Support does not include assistance with third-party products, software, plugins, themes, or applications not directly provided by us.

9. SUSPENSION AND TERMINATION

9.1 Our Right to Suspend or Terminate

We reserve the right, at our sole discretion and without prior notice, to:

  • Remove content
  • Block account access (temporary or permanent)
  • Modify or withdraw IP assignments
  • Suspend or terminate service
  • Destroy data on compromised servers or accounts
  • Charge you for costs incurred

if you:

  • Breach any term of this Agreement
  • Fail to make payments when due
  • Violate Acceptable Use Policy
  • Use excessive resources
  • Engage in activities that harm our network or other customers
  • Compromise server security or stability

9.2 Suspension Period and Data Access

During any suspension period:

  • We may deny access to your account and data
  • We may, at our sole discretion, allow limited access to suspended accounts
  • You have 15 days to cure the breach causing suspension
  • If the breach cannot be cured within 15 days, the suspension will be treated as termination for cause

9.3 No Liability for Suspension

You waive any claims against us for damages resulting from service suspension or termination under this section.

9.4 Forfeiture Upon Termination

Upon termination for any reason, you forfeit any:

  • Unused service credits
  • Prepaid service fees (except as specified in Section 3)
  • Referral credits or promotional credits

9.5 Cancellation by Customer

To cancel services:

  • Submit cancellation request through our support center
  • Provide at least 30 days notice before your next billing date
  • Cancellation is effective at the end of your current billing period
  • No refunds for unused time (except as specified in Section 3)

10. LIMITATION OF LIABILITY

10.1 No Warranties

WE PROVIDE SERVICES “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • CONTINUOUS OR UNINTERRUPTED SERVICE
  • DATA SECURITY OR INTEGRITY
  • SPECIFIC UPTIME GUARANTEES

10.2 Limitation of Damages

WE SHALL NOT BE LIABLE FOR:

  • Loss of data or inability to recover data
  • Loss of income, revenue, or expected savings
  • Harm to reputation or business interruption
  • Indirect, incidental, consequential, special, or punitive damages
  • Any damages arising from service delays, interruptions, or suspensions

10.3 Maximum Liability

Our total liability to you for any claim arising from these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AMGmedia Works Inc., its officers, directors, employees, and agents from any claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any law or third-party rights
  • Content you upload or transmit through our services
  • Claims by third parties related to your account
  • Use of services by your employees, affiliates, officers, directors, agents, representatives, or contractors
  • Unauthorized access resulting from your failure to use reasonable security precautions

12. GENERAL PROVISIONS

12.1 Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada. Any disputes must be brought in the courts of British Columbia.

12.2 Independent Contractors and No Third Party Beneficiaries

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

No Third Party Beneficiaries: These Terms create no third-party beneficiaries. We have no obligation to any third party by virtue of these Terms.

Our Right to Use Subcontractors: We may use third parties to perform all or part of the services, but we remain responsible for such subcontractors.

12.3 Changes to Terms

We may modify these Terms at any time by:

  • Posting updated Terms on our website
  • Sending notice to your account email

Continued use of services after notice constitutes acceptance of modified Terms.

12.4 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

12.5 Entire Agreement

These Terms constitute the entire agreement between you and AMGmedia Works Inc. regarding hosting services, superseding all prior agreements.

12.6 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

12.7 Dispute Resolution

Governing Law: Any disputes arising from these Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada.

Small Claims Court: Either party may bring claims in small claims court if they qualify under the court’s jurisdiction.

Venue: Any litigation must be brought in the courts of British Columbia. You irrevocably consent to the jurisdiction of these courts.

Attorney Fees: If any legal action is brought to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney fees and costs in addition to any other relief.

Time Limit for Claims: You must bring any claim related to these Terms or our services within one (1) year after the claim arises. Any claim not brought within this period is permanently barred.

12.8 Account Resale

You may not resell or redistribute our services unless you have a reseller agreement with us.

12.9 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms to any affiliate or successor in connection with a merger, acquisition, or sale of assets.

12.10 Export Control and Sanctions Compliance

You represent and warrant that:

  • You are not on any Canadian, U.S., or international sanctions list or designated persons list
  • You will not use our services for the development, design, or production of nuclear, chemical, biological weapons, or weapons of mass destruction
  • You will not provide access to our services to any person or entity located in or a national of any country that is embargoed under Canadian or U.S. export regulations
  • You comply with all applicable export control laws and regulations

Violation of this section may result in immediate service termination without refund.

13. CONTACT INFORMATION

AMGmedia Works Inc.
Operating as: AMGmedia-Labs
Address: 380 Summit Drive, Nanaimo, BC V9T 5R2
Email: [email protected]
Phone: (604) 202-5700
Website: https://www.amgmedia-labs.com

Last Updated: January 2026
Version: 2026.1

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

NOTICE TO CUSTOMERS: We recommend you review these Terms periodically as they may change. Your continued use of our services constitutes acceptance of any modifications.