Terms of Service

  1. ACCEPTANCE OF TERMS OF SERVICE

    1. As a precondition and requirement to use the services available via Infinus.net, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Infinus Technology Inc, its subsidiaries and affiliates (“Infinus Web Hosting”). Each Subscriber is subject to these Terms, and by using Infinus Technology Inc’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
    2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 17 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Infinus Technology Inc. Further, Subscriber represents and warrants all information provided by Subscriber to Infinus Technology Inc has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Infinus Technology Inc in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through Infinus Technology Inc must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
    3. Infinus Technology Inc intends to provide the best possible web hosting service to each of its Subscribers. Infinus Technology Inc is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Infinus Technology Inc reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
    4. Subscribers may view the most current version of these Terms at Infinus.net/terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Infinus Technology Inc.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth in Section 4 below.
    5. If Infinus Technology Inc makes a significant change to these Terms, as determined in its sole discretion, Infinus Technology Inc will post a notice that we have made significant changes to the Terms on the Infinus Technology Inc.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
    6. If Subscriber is registering a new domain name with Infinus Technology Inc, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).
  2. ACCEPTABLE USE

    • The uses of Infinus Technology Inc’s Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of Infinus Technology Inc) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.

      • Spamming.

        Spamming, whether or not it overloads the Services or disrupts service to Infinus Technology Inc’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Infinus Technology Inc requires that all email messages contain an automated opt out. We do not allow purchased lists. Infinus Technology Inc’s Subscribers are required to follow all rules in the Can Spam Act (additional information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business ) as well as our company spam rules. Infinus Technology Inc reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Infinus Technology Inc allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

      • Online Pharmacies.

        No Subscriber may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.

      • Prohibited Offerings.

        No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

      • Private Information and Images.

        Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

      • Violations of Intellectual Property Rights.

        Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Infinus Technology Inc is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.

      • Misrepresentation of Transmission Information.

        Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

      • Viruses and Other Destructive Activities.

        Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

      • Hacking.

        “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

      • Anonymous Proxies.

        Infinus Technology Inc does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

      • Export Control Violations.

        The exportation of encryption software outside of the United States or Canada and/or violations of United States or Canadian law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States or Canada without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. or Canadian federal, state, provincial, or local law, or by any other applicable law.

      • Child Pornography.

        The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Infinus Technology Inc is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

      • Other Illegal Activities.

        The use of the Services to engage in any activity that is determined by Infinus Technology Inc, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls (“OFAC”). Infinus Technology Inc will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

      • Obscene, Defamatory, Abusive or Threatening Language.

        Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

      • BACKUP STORAGE.

        INFINUS OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT ANY NOTICE. (Basically, we are not Dropbox, so if it’s not website related, try not to store it here. If the files you are hosting are of a large quantity and take up a lot of space, talk to us! We’ll figure out an option where we can offload your assets to a CDN and it will make everything better for all of us.)

      • Other Activities.

        Engaging in any activity that, in Infinus Technology Inc’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Infinus Technology Inc’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Infinus Technology Inc’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Infinus Technology Inc in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

      • HIPAA Disclaimer.

        We are not HIPAA or PCI compliant. Users are solely responsible for any applicable compliance with provincial, local, federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Infinus Technology Inc does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with any privacy acts or laws. Customers requiring secure storage of “protected health information” under HIPAA or PCI compliance restrictions are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Infinus Technology Inc is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.


  3. TERM – PAYMENT – RENEWAL OF ACCOUNT AND DOMAIN
    1. Term of Service
      The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in Paragraph 3.7 and Section 4.
    2. Payment
      Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Infinus Technology Inc may use Merchant Updater Services to receive updated billing information from participating providers.
    3. Promotional Pricing
      Infinus Technology Inc may periodically offer “free” or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Infinus Technology Inc will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
    4. Automatic Renewal of Hosting Account
      As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s Hosting Account or Domain(s) Infinus Technology Inc will automatically renew Subscriber’s Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (30) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity ( not changing your current term) to continue service as per contract. Additionally after the Initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. Infinus Technology Inc shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”. Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a digital domain registration voucher to be used for purchasing their Free Domain. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.
    5. Automatic Renewal of Domain(s)
      As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s domain, if registered with Infinus Technology Inc (or one of its Affiliates), or if transferred to and registered with Infinus Technology Inc (or one of its Affiliates), Infinus Technology Inc will automatically renew Subscriber’s domain, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Infinus Technology Inc. Subscriber hereby releases Infinus Technology Inc from any and all liability for failure for any reason to renew said Hosting Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Infinus Technology Inc is unable to renew said Hosting Account or Domain, including but not limited to inability of Infinus Technology Inc, for any reason, to bill said renewal to Subscriber’s method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Hosting Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Infinus Technology Inc will hold the expired Domain for up to thirty (30) days as a courtesy and not as an obligation (contractual or otherwise). Thirty (30) days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within seventy-four (74) days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
    6. Notification of Automatic Renewals
      Subscriber will be notified of pricing for EACH successive period (or renewal period) no later than thirty (30) days prior to the payment date of SUCH successive period (or renewal period) for all products and services with a successive or renewal period of twelve (12) months or greater. This notification will be sent to the contact email address on file for the Account.
    7. Cancellation of Automatic Renewal of Account or Domain
      Subscriber agrees to notify Infinus Technology Inc of Subscriber’s intent to cancel automatic renewal at least thirty (30) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Infinus Technology Inc, as applicable, by phoning 604-300-4650, online chat, or by opening a ticket. This request must include verification of ownership of the hosting account and/or domain(s), as determined by Infinus Technology Inc.
    8. Chargebacks and Reversals
      In the event Subscriber issues a chargeback or reversal of charges without first following the below cancellation procedures, the Subscriber will be responsible for a USD$25.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.
    9. Authority
      In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Infinus Technology Inc Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
  4. CANCELLATION OF SERVICES – REFUND POLICY
    Infinus Technology Inc provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:

    1. Nonrefundable Fees
      Fees paid by Subscriber in connection with the purchase of domain names are nonrefundable under these Terms, as are Check Refunds of USD$10.00 or less due to processing fees, unless otherwise stated in the agreement Subscriber entered into with the individual service provider.
    2. Cancellations within First 3 Days of Registration
      In the event Subscriber cancels the Services within three (3) calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 4.1. Subscriber has the option, but not the obligation, to retain ownership and control of any promotional “Free Domain Names” registered in connection with the subscription, in which case Subscriber’s refund will be reduced by $15 per domain name.
    3. Cancellations After 3 Days and Before 30 Days
      In the event Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 4.a, subject to the following additional mandatory reductions:

      • Free Domain Names: If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by $15 per domain name. Subscriber will retain full ownership and control of any such domain names.
      • Spam Filtering: Any fees paid by Subscriber in connection with Spam Filtering will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.
    4. Cancellations After 30 Days
      Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 4.a and any setup fees, which are nonrefundable after thirty (30) calendar days, receive a pro-rated refund for all other fees paid for Services, less $15 per “Free Domain Name.”
    5. Notice of Cancellation
      Subscriber agrees to direct all cancellation requests to Infinus Technology Inc via phoning 604-300-4650, online chat, or opening a ticket. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Infinus Technology Inc. Subscriber must also confirm to Infinus Technology Inc that all emails, files, and databases are preserved and backed up somewhere other than Infinus Technology Inc server space.
  5. LICENSE TO Infinus Technology Inc
    Infinus Technology Inc claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to Infinus Technology Inc, Subscriber grants to Infinus Technology Inc, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Infinus Technology Inc’s servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Sections 3 and 4 of the User Agreement.
  6. Infinus Technology Inc AS RESELLER OR LICENSOR
    Infinus Technology Inc is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Infinus Technology Inc Products”). Infinus Technology Inc shall not be responsible for any changes in the Services that cause the Non-Infinus Technology Inc Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. If you provide FTP access to a third party to utilize any Non-Infinus Technology Inc Product, Infinus Technology Inc is not liable for any malfunctions or defects or any losses of any kind resulting from such access. Any malfunction or manufacturer’s defects of Non-Infinus Technology Inc Product either sold, licensed or provided by Infinus Technology Inc to User or purchased directly by User used in connection with the Services will not be deemed a breach of Infinus Technology Inc’s obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Infinus Technology Inc Product are limited to those rights extended to User by the manufacturer of such Non-Infinus Technology Inc Product. User is entitled to use any Non-Infinus Technology Inc Product supplied by Infinus Technology Inc only in connection with User’s permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Infinus Technology Inc to User through any Non-Infinus Technology Inc Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Infinus Technology Inc Product, or any technical data derived therefrom, in violation of any applicable Canadian, United States or foreign law.
  7. USAGE POLICIES AND DEFINITIONS
    1. “UNLIMITED” USAGE POLICIES AND DEFINITIONS
      • “Unlimited” usage policies and definitions apply only to enhanced and premium plans.
      • What “Unlimited” means
        Infinus Technology Inc does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Infinus Technology Inc makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
      • What “Unlimited” DOES NOT mean
        Infinus Technology Inc employs complex mechanisms to protect its Subscribers and systems from abuse. Infinus Technology Inc’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Infinus Technology Inc’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Infinus Technology Inc’s service is designed to meet the typical needs of small business and home business website Subscribers in the United States and Canada. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. Infinus Technology Inc will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Infinus Technology Inc does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Infinus Technology Inc can evaluate said sites resource needs. If your site is anticipating heavy traffic or bandwidth usage, use the online chat or open a ticket and we will work with you to keep you up and running with the best resources available to us both. Continued excessive usage in the lowest Standard tier may require that we move you to a server better able to handle that usage (at no cost), and we would communicate that with you ahead of time. Additional costs may be incurred as you are moved to a higher tier within our hosting packages, prorated for your renewal term. For example, if you are paying $5 per month and you are halfway through an annual term, and the next tier costs an additional $5 per month, you can expect to pay $10 per month for the remainder of your term and for any subsequent term.
      • Unlimited Hosting Space; excessive MySQL files
        Infinus Technology Inc does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Infinus Technology Inc charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the Infinus Technology Inc service is designed to host websites. Infinus Technology Inc does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 100,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Infinus Technology Inc may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
      • Unlimited File Transfer
        Infinus Technology Inc does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Infinus Technology Inc charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Infinus Technology Inc reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
      • Unlimited Domain Hosting
        Infinus Technology Inc does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.
      • Bandwidth Usage
        All accounts are allocated a monthly bandwidth allowance, and Infinus Technology Inc does not set arbitrary limits on the amount of bandwidth used in any given month. However, Infinus Technology Inc reserves the right to limit the bandwidth in cases where it is necessary to prevent negatively impacting other Subscribers.
  8. PROPERTY RIGHTS
    These Terms do not give Subscriber any rights in Infinus Technology Inc intellectual property or technology. Infinus Technology Inc and related trademarks and logos are the exclusive property of Infinus Technology Inc. Infinus Technology Inc and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Infinus Technology Inc from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
  9. DISCLAIMER OF WARRANTY
    YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. Infinus Technology Inc HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Infinus Technology Inc OR Infinus Technology Inc’s REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Infinus Technology Inc DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Infinus Technology Inc DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Infinus Technology Inc DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Infinus Technology Inc IN PARTICULAR.
  10. LIMITATION OF LIABILITY
    Infinus Technology Inc SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Infinus Technology Inc BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Infinus Technology Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Infinus Technology Inc SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Infinus Technology Inc’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Infinus Technology Inc’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO Infinus Technology Inc FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Infinus Technology Inc’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  11. INDEMNIFICATION
    You, the Subscriber, agree to defend, indemnify and hold Infinus Technology Inc, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Infinus Technology Inc’s own gross negligence or willful misconduct. Infinus Technology Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
  12. MISCELLANEOUS
    1. Backups
      For its own operational efficiencies and purposes, Infinus Technology Inc will back up each account in its servers on a regularly scheduled basis. This is ONLY a complete account backup, unless the subscriber is on the Premium hosting tier. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON Infinus Technology Inc SERVERS, AND under no circumstance will Infinus Technology Inc be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Infinus Technology Inc server. Infinus Technology Inc will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason. If you want Infinus Technology Inc to back up your site for you, on a daily basis, consider switching to the Premium hosting tier.
    2. Monitoring and Disclosures
      All activities occurring on, in, and/or via the Services or any website hosted by Infinus Technology Inc may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Infinus Technology Inc does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if Infinus Technology Inc becomes aware of any violation of these Terms, Infinus Technology Inc may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Infinus Technology Inc, and/or removing non-complying information. In addition, Infinus Technology Inc may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Infinus Technology Inc reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Infinus Technology Inc may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Infinus Technology Inc or others from harm, and/or to ensure the proper operation of the Services. Infinus Technology Inc.com has no obligation to notify any person, including the Subscriber about whom information is sought, that Infinus Technology Inc has provided the information.
    3. Accurate Account Information
      Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on Infinus Technology Inc in order to avoid termination of Subscriber’s Infinus Technology Inc account(s).
    4. Duty to Notify Infinus Technology Inc of Breach
      If Subscriber discovers anyone on the Infinus Technology Inc system violating any of these Terms or notices anything suspicious from the Infinus Technology Inc network, Subscriber agrees to report the violation or suspicious activity by opening a ticket with the Terms of Service Department for investigation. Infinus Technology Inc reserves the right to and will immediately terminate any account which Infinus Technology Inc concludes to be in violation of any of these Terms.
    5. Reservation of Rights
      Infinus Technology Inc reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with Infinus Technology Inc.
    6. Severability
      These Terms are binding upon Infinus Technology Inc, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
    7. Governing Law
      These Terms shall be governed by the laws of the Province of British Columbia without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Infinus Technology Inc, Subscriber agrees that all disputes, if any, involving Infinus Technology Inc shall be subject exclusively to the jurisdiction of the Provincial and Federal Courts within theProvince of British Columbia; provided, further, that all action brought against Infinus Technology Inc in Provincial Court must be brought in British Columbia, and, if in Federal Court, also in British Columbia. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Infinus Technology Inc. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under British Columbia’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Infinus Technology Inc outside the Province of British Columbia; and, that Subscriber, if involved before a court in a lawsuit outside of the Province of British Columbia, shall be deemed to support and to stipulate to a motion made by Infinus Technology Inc to dismiss said lawsuit with respect to Infinus Technology Inc.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO Infinus Technology Inc SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR Infinus Technology Inc ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.