Terms of Service

These Terms of Service are an agreement between PC Mini Tech. This Agreement sets forth the general terms and conditions of your use of the products and services made available by PC Mini Tech and of the pcminitech.ca website. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

  1. Additional Policies and Agreements
    1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
    2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
  2. Account Eligibility
    1. By registering for or using the Services, you represent and warrant that:
      1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party behalf with respect to any actions you take in connection with the Services.
    2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. PC Mini Tech is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the PC Mini Tech My Account to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
    3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    4. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
  3. PC Mini Tech Content 
    Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "PC Mini Tech Content"), are the proprietary property of PC Mini Tech. PC Mini Tech Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any PC Mini Tech Content. Any use of PC Mini Tech Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any PC Mini Tech Content. All rights to use PC Mini Tech Content that are not expressly granted in this Agreement are reserved by PC Mini Tech.
  4. User Content
    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services. User Content includes any content posted by you or by users of any of your websites hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to PC Mini Tech that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

 

Solely for purposes of providing the Services, you hereby grant to PC Mini Tech a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, PC Mini Tech does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

    1. PC Mini Tech exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through PC Mini Tech computers, network hubs and points of presence or the Internet. PC Mini Tech does not monitor User Content. However, you acknowledge and agree that PC Mini Tech may, but is not obligated to, immediately take any corrective action in PC Mini Tech sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that PC Mini Tech shall have no liability due to any corrective action that PC Mini Tech may take.
  1. Third Party Products and Services
    1. Third Party Providers 
      PC Mini Tech may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

 

PC Mini Tech does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. PC Mini Tech is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

  1. Account Security and PC Mini Tech Systems.
    1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the 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 user name and password. You are required to use a secure password. 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 an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. PC Mini Tech may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, 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. By using the Services, you consent to monitoring for these purposes.
    3. 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 requires the express written consent of the third party. PC Mini Tech may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by PC Mini Tech of an issue, we reserve the right to leave access to services disabled.
    5. PC Mini Tech reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  2. Compatibility with the Services
    1. You agree to cooperate fully with PC Mini Tech in connection with PC Mini Tech provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, PC Mini Tech is not responsible for any delays due to your failure to timely perform your obligations.
    2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by PC Mini Tech to provide the Services, which may be changed by PC Mini Tech from time to time in our sole discretion.
    3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. PC Mini Tech does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
  3. Billing and Payment Information
    1. Prepayment. 
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    2. Autorenewal. 
      Unless otherwise provided, you agree that until and unless you notify PC Mini Tech of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    3. Late Payment. 
      All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, PC Mini Tech may suspend or terminate your account and pursue the collection costs incurred by PC Mini Tech, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Ho
      w PC Mini Tech will not activate new orders or activate new packages for customers who have an outstanding balance on their account. 

    4. Domain Payments. 
      It is solely your responsibility to notify PC Mini Tech Billing department via email after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and PC Mini Tech is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
    5. Fraud. 
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. PC Mini Tech  may report any such misuse or fraudulent use, as determined in PC Mini Tech  sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    6. Invoice Disputes. 
      You have (30) days to dispute any charge or payment processed by PC Mini Tech. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
  4. Cancellations and Refunds
    1. Payment Method. 
      No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    2. Non-refundable Products and Services. 
      There are no refunds. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at PC Mini Tech sole discretion.
    3. Cancellation Process. 
      You may terminate or cancel the Services by giving PC Mini Tech written notice via email This email address is being protected from spambots. You need JavaScript enabled to view it..
  5. CPU, Bandwidth and Disk Usage
    1. Permitted CPU and Disk Usage. 
      All use of hosting space provided by PC Mini Tech is subject to the terms of this Agreement.
      1. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. PC Mini Tech expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. PC Mini Tech may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of PC Mini Tech terms and conditions.
  6. Uptime Guarantee. 

A.    We will work our best to keep your website up. No Guarantee and refunds will not be issued.

  1. Price Change 
    PC Mini Tech reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by PC Mini Tech through the user billing tool or through other methods of communication, including notices sent or posted by PC Mini Tech.
  2. Limitation of Liability 
    IN NO EVENT WILL PC MINITECGH ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF PC MINI TECH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PC  MINI TECH LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PC MINI TECH FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  3. Disclaimer 
    PC Mini Tech shall not be responsible for any damages your business may suffer. PC Mini Tech makes no warranties of any kind, expressed or implied for the Services. PC Mini Tech disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by PC Mini Tech or our employees.
  4. Backups and Data Loss 
    Your use of the Services is at your sole risk. PC Mini Tech does not maintain backups, PC Mini Tech is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on PC Mini Tech servers.
  5. Disclosure to Law Enforcement 
    PC Mini Tech may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  6. Entire Agreement. 
    This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  7. Changes to the Agreement or the Services
    1. PC Mini Tech  may modify, add, or delete portions of this Agreement at any time.