Terms of Services
By accessing or using https://edgs.co (the “Website”) or its associated services (the “Services”), you agree to the terms and conditions (“Terms”, “Terms of Service”) within this agreement (the “Agreement”). Please read the Agreement carefully before accessing or using the Website or the Services operated by Edgs ( "Edgs", "us", "we", or "our"), a company registered in Ontario, Canada, and operating at the registered address 125-720 King Street W Suite 2000, Toronto – Ontario M5V 3S5 Canada.
1. APPLICATION OF THE TERMS
Depending on your use of the Website and the Services, the Terms may apply to you differently. We reserve the right, at our sole discretion, to update these Terms from time to time. We aim to inform you by posting an announcement on our website about our intention of material changes at least 30 days ahead; however, some changes on Terms or new Terms may take effect immediately as we announce them. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Products/Service after the Terms are updated, you agree to be bound by the revised Terms.
If you do not agree with the Terms at any time, you must cease to access or use the Website immediately, you must notify us with your intention to terminate the Agreement, and if you are obligated in accordance with the law to comply with any Terms after termination of the Agreement, then we reserve our rights to enforce compliance with the Terms.
2. PRIVACY, SECURITY & YOUR ACCOUNT
You are responsible both for the safeguarding the credentials that you use to access the Services and for the activities or actions carried out under your credentials, whether your credentials are associated with our Services or those of a third party. You agree not to disclose your password to any third party.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account, so that we are aware of the next steps that should be taken. You must, without delay, mitigate any damage or loss that may extend from any breach of security or unauthorized use of your account.
You are responsible for and shall at all times maintain your data on your own local or remote backup system separate from our equipment or servers. You acknowledge that access to the internet may be interrupted at any time and that hardware is mechanical and prone to failure, without warning. We offer backup services and, if so subscribed, backups are performed on a best-effort basis, but in no event, with backup subscription or otherwise, shall we be responsible to you for any lost files, data, damages or other information further to our Disclaimers & Limitation of Liability section.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
3. ORDERS, PAYMENTS, CANCELLATIONS, TERMINATION & REFUNDS
3.1 - ORDERS
If you wish to carry out a purchase of any product or service made available through the Services (an "Order"), you may be asked to supply certain information relevant to your Order, such as your name, email address, and contact details. In the event payment to us is initiated via a third party (such as Stripe, Google Pay, Apple Pay, PayPal, or other providers with whom we choose to work with, you will be providing such payment details through a third party.
You represent and warrant that: (i) you have the legal right and permission to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Orders.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order and account if fraud or an unauthorized or illegal transaction is suspected.
3.2 - PAYMENTS
All invoices are generated upon your successful Order and shall renew automatically following your choice of the bulling cycle. For example, if you order on the 1st day of a month, your invoice for this particular order will be generated automatically on the 1st of every month, and such invoices specify the amount payable to us by you for your use of Services in the period mentioned in the invoice(s). Depends on the products and services, some orders need to be paid in advanced covering a future period as per the invoice and other products and services need to be paid after the end of the period. For example, if you used our Services or Products that need to be billed after the end of the period, let’s say in the month of January, then we would issue you an invoice for your use of Services or Products in January on the 1st of February. All invoices must be paid within 14 days of the invoice date unless having a written agreement with us stating otherwise. Failure to complete payment within this period can result in automatic suspension of Services, and failure to complete payment after 14 days will render all Services to you terminated. We are not obligated to preserve your data following failure to pay within 14 days, and we strongly recommend you make payments on time accordingly. We reserve the right to report you to credit bureau organizations in case of failure to complete payment and reserve the right to take any action to collect the payment.
Delayed Payments — Without prejudice to the right of Edgs to receive payment when due, Edgs will assess a late payment charge of 1.5% per month on the unpaid overdue balance.
3.3 - CANCELLATIONS
We have the right to cancel an account without any notification and without any reason. You can simply login to your account and cancel any product or service. At our sole discretion, we may provide a refund on a pro-rata basis in the event you did not breach any Terms at the time of cancellation, and such refund may be provided within 90 days of cancellation.
You may can cancel specific products and services that are not Service Level Agreements (“SLAs”) (e.g., Virtual Private Servers (VPSs), Software Licenses, Control Panels, and Backups) included in the Services at any time, and these products and services will be cancelled directly and without a notice period, which means you will pay only for the duration you use of a specific subscription duration (pro-rata basis) only in case of no commitment (monthly or less commitment). Regarding SLAs or Products or Service with commitment more that one month, these can be cancelled at any time only by providing us 30 days’ notice and following Termination Terms.
3.4 -TERMINATION & REFUNDS
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If for any reason your account is suspended or deactivated due to a breach of our Terms, you will not be eligible for any refund including your balance.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you must notify us and await our confirmation, and then you may simply discontinue using the Services.
3.5 - REFUNDS
Visit our refund policy for more details https://edgs.co/refundreturn-policy
4. AVAILABILITY, UPTIME & SUPPORT
4.1 - AVAILABILITY
We frequently update our offerings of products and services included in our overall Services. The Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. Accordingly, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Please note our refund policy.
4.2 - UPTIME
While we aim to provide 100% network uptime, we will utilize our best and reasonable efforts to achieve this.
4.3 - SUPPORT
Our support department can be reached via Website tickets, email or by phone call. In case you did not subscribe to our Managed Services, our support team work to address only hardware and network-related matters. If you order a specific SLA through us, then our team will address your technical questions related to the SLA. To contact our support department by email, you may fill in the Contact Us form on our Website.
5. CODE OF CONDUCT
You agree to our Code of Conduct as well as Acceptable Use Policy (AUP) by agreeing to our Terms. Our Code of Conduct exists to protect you, us, and third parties from any malicious or unsafe environments. Additionally, it exists to promote fair and acceptable use of our Services.
No illegal activity of any kind is permitted on our servers including, but not limited to: unauthorized storage or distribution of copyrighted software, trademark infringement, warez sites, violations of any state or federal laws or any jurisdiction under which the Terms are governed, and selling or distributing contraband. It is your responsibility to verify compliance with the law.
No internet abuse of any kind is allowed including, but not limited to: spam, mass email programs, cross-posting unsolicited message to online groups, posting obscene or inflammatory messages, threatening internet users, mail bombing, denial of service attacks, and running packet sniffers or port scanners - we operate on a strict anti-spam and anti-abuse policy and will carry out investigations into such activity in order identify and tackle such abuse.
You will take all reasonable steps to maintain adequate data protection legal compliance in your use of our Services, and you must not carry out any activities that in our opinion are in violation of the spirit of our Code of Conduct. You must not use our Services, whether web servers, email servers, or any other servers or applications on our Services in any abusive manner. You must not misuse our system resources, this includes network capacity, CPU usage and storage.
You will take all reasonable steps to use our Services fairly towards us and our other customers, and you will not take any steps that violate acceptable usage defined within the Code of Conduct. You take full responsibility of all scripts and material uploaded through our Services.
Should a service abuse violation occur in our opinion and via our monitoring of Services, which may include inspection of your account and usage of Services, then in addition to all other legal and equitable remedies, we may terminate the account without notice and without any refunds. In such event, you shall be responsible for any and all damages caused to us, and we may charge you an amount equal to the cost associated with repairing any damages done.
6. DISCLAIMERS & LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED UNDER LAW, WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL OUR LIABILITY (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) ONE TIME THE MOST RECENT MONTHLY THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) USD 1,000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
7. EXTERNAL LINKS
Our Services may contain links to external websites or services that are not owned or controlled by us.
Further to the Disclaimers & Limitation of Liability section, we have no control over, nor do we assume any responsibility for, the content, privacy policies, or practices of any external websites or services. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms & conditions, privacy policies, and any other terms of any external (third party) websites or services you access or use.
8. INTELLECTUAL PROPERTY
The Services and its original content, features and functionality are and shall remain our exclusive property unless otherwise transferred. The Service is protected by copyright, trademark, and other laws of Ontario - Canada. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You agree to comply with all rules, regulations, and laws applicable to you in addition to these Terms.
9.1 - GOVERNING LAW & JURISDICTION:
These Terms shall be governed and construed in accordance with the laws of Ontario - Canada, without regard to its conflict of law provisions, and you irrevocably agree that the courts of Ontario - Canada have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, including non-contractual disputes or claims.
9.2 - NO WAIVER
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
9.3 - FORCE MAJEURE
We will not be responsible for our availability, uninterrupted uptime, or data backups and integrity in the event of any change in or new laws, rules or regulations, or any act of a government, central bank, monetary authority or other entity in any country relating to, without limitation, exchange controls, restrictions on convertibility, freezes, moratoria, expropriations, requisitions, changes in a country’s currency for any reason whatsoever (including countries part of any monetary union), involuntary transfers of any kind; force majeure, natural disaster, industrial action, acts of war, acts of terrorism, civil strife, riots or a state of political or economic chaos in any country; or any other circumstances beyond our control.
9.4 - SEVERANCE
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9.5 - ENTIRE AGREEMENT
These Terms constitute the entire agreement between us regarding our Products and Services, and supersede and replace any prior agreements we might have between us regarding the Service.
9.6 - CONTACT & NOTICE
Please reach us at Contact Us Page with any questions you may have, and we aim to respond to you in a timely manner. All notices shall be communicated in writing by you or by ourselves through our Web Site Systems or by email except where we determine providing notice is reasonable by publishing an announcement on the Website.
10. ACCEPTABLE USE POLICY (AUP)
As a provider of Internet access, web site hosting, and other Internet-related services, we offer our customers, their customers, and end-users (collectively known as “Subscribers”), the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. We respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, we reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, we have developed an Acceptable Use Policy (”AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing our Services. This AUP will be revised from time to time. Your use of our services after changes to the AUP are posted on our website will constitute your acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers obtain information through the Internet, they must keep in mind that Edgs cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Subscribers may acquire. For this reason, the Subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Edgs cannot monitor or censor the Internet, and will not attempt to do so, Edgs cannot accept any responsibility for injury to its Subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When Subscribers disseminate information through the Internet, they also must keep in mind that Edgs does not review, edit, censor, or take responsibility for any information its Subscribers may create. When Subscribers place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Edgs’s network and may reach a large number of people, including both Subscribers and nonsubscribers of Edgs, Subscribers’ postings to the Internet may affect other Subscribers and may harm Edgs’s goodwill, business reputation, and operations. For these reasons, Subscribers violate Edgs policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as “Spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Edgs, but also because it can overload Edgs’s network and disrupt service to Edgs Subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Edgs has the discretion to determine from all of the evidence whether the email recipients were from a “Confirmed Opt-in” email list. With Confirmed Opt-in (also called Closed-Loop Opt-in) the email recipient has verifiably confirmed permission (also known as “Verifiable Confirmation Information”) for the address to be included on the specific mailing list, by confirming (responding to) the list subscription request verification. This is the standard practice for all responsible Internet mailing lists, as it ensures users are properly subscribed, from a working address, and with the address owner’s consent. Edgs reserves the right to request from Subscriber the Verifiable Confirmation Information and to verify this information with the email recipient. Further, spam does not have to be sent from the Subscriber account or Edgs’s network to violate Edgs policy. Email sent by or through a third party that advertises or otherwise directs traffic or links to the Subscriber web site or Subscriber account will be held to the same standard as those emails sent directly by Subscriber. The use of email lists obtained or purchased from a third party must also be verifiable by Subscriber to meet the requirements of Confirmed Opt-in with Verifiable Confirmation Information that recipient has opted-in to email from Subscriber.
Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Edgs is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Edgs’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials — Using Edgs’s network to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.
Child Pornography — Using Edgs’s network to advertise, transmit, store, post, display, or otherwise make available child pornography. Edgs has a no tolerance policy for child pornography, and accounts reported to Edgs as potentially containing child pornography will be immediately disabled and/or terminated. Edgs is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Edgs’s network.
Defamatory or Abusive Content — Using Edgs’s network as a means to transmit or post defamatory, harassing, abusive, or threatening content.
Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “Hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Security Scans — Edgs understands the needs of our Subscribers to meet certain industry requirements that require Subscriber or a third party engaged by Subscriber to conduct security scans of the Subscriber account or web site. In order to prevent scans from affecting other customers and harming Edgs’s systems, any scan must be coordinated in advance with Edgs. To coordinate your scan and obtain a copy of the Scan Requirements, please open a ticket using Contact Us page. Failure to coordinate your scan with Edgs and meet all of the Scan Requirements prior to scanning is a violation of this policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. This can include failure to update software used on Subscriber account or web site that is known to be vulnerable to malicious activity or exploitation. Edgs also expects Subscriber to use secure passwords to protect Subscriber account and associated email accounts. Use of passwords deemed by Edgs to be insecure are a violation of Edgs policy.
Usenet Groups — Edgs reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities — Engaging in activities, whether lawful or unlawful, that Edgs determines to be harmful to its Subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the Subscriber. Edgs will not, as an ordinary practice, monitor the communications or content of its Subscribers to ensure that they comply with Edgs policy or applicable law. When Edgs becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Edgs also is aware that many of its Subscribers are, themselves, providers of Internet services, and that information reaching Edgs’s facilities from those Subscribers may have originated from a customer of the Subscriber or from another third-party. Edgs has the right to directly take action against a customer of a Subscriber. Also, Edgs may take action against the Edgs Subscriber because of activities of a customer of the Subscriber, even though the action may effect other customers of the Subscriber. Similarly, Edgs expects that Subscribers who offer Internet services will cooperate with Edgs in any corrective or preventive action that Edgs deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Edgs policy.
Edgs also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Edgs urges its Subscribers to assume that all of their on-line communications are insecure. Edgs cannot take any responsibility for the security of information transmitted over Edgs’s facilities.
Edgs will not intentionally monitor private electronic mail messages sent or received by its Subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Edgs may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Edgs may disclose information, including but not limited to, information concerning a Subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Edgs assumes no obligation to inform the Subscriber that Subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Edgs may disclose Subscriber information or information transmitted over its network where necessary to protect Edgs and others from harm, or where such disclosure is necessary to the proper operation of the system.
Edgs expects that its Subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Subscriber’s failure to comply with those laws will violate Edgs policy. Finally, Edgs wishes to emphasize that in signing the service agreement, Subscribers indemnify Edgs for any violation of the service agreement, law, or Edgs policy, that results in loss to Edgs or the bringing of any claim against Edgs by any third-party. Additionally, if there is any dispute about or involving the services, subscribers agree that any such dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. This means that if Edgs is sued because of a Subscriber’s or customer of a Subscriber’s activity, the Subscriber will pay any damages awarded against Edgs, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Edgs and its Subscribers, as responsible members of the Internet. Any complaints about a Subscriber’s violation of this AUP should be sent to Contact Us.
All rights Reserved © Edgs.co, 2023