TikiHosting.com is a service brought to you by evoludata.com
These terms will be applied fully and affect your use of TikiHosting.com. By using TikiHosting.com (hereinafter referred to as "Website" or "Services"), you have agreed to accept all terms and conditions written here.
Terms of Service for TikiHosting.com
The primary objective of this document is to establish the Terms and Conditions as the legal framework that governs the utilization and provision of services of the TikiHosting.com website and all its associated content, services, and products. Please carefully read these Terms of Service ("Terms") before using our hosting services. By accessing or using our services, you agree to be bound by these Terms.
TikiHosting.com reserves the right to update and modify these Terms and Conditions.
2. Respect for the Charter of the CHATONS Collective
TikiHosting.com commits to adhering to the principles outlined in the Charter of the Collective of Hosts, which stands for "Alternative, Transparent, Open, Neutral, and Solidarity." TikiHosting.com expresses its intent to join this collective.
In accordance with this charter, TikiHosting.com undertakes to:Refrain from implementing any monitoring system for tracking service usage, except for statistical or administrative purposes.
Abstain from placing advertisements on its tools.
Not assert any ownership rights over the content, data, or metadata generated by users.
Exclusively employ software that falls under open-source licenses.
Abstain from conducting user activity monitoring, unless required for administrative, technical, or internal service enhancement purposes.
3. TikiHosting.com Content
With the exception of the "Client's Content" (as subsequently defined), all content accessible via the Services, including designs, textual representations, images, graphics, videos, software, audio, and other information files, as well as their selection and arrangement, together with all software employed to facilitate the services (collectively referred to as "TikiHosting.com Content"), are the rightful property of TikiHosting.com. TikiHosting.com Content may not be altered in any way, nor may it be copied, distributed, framed, republicated, downloaded, scraped, displayed, posted, transmitted, sold, or otherwise exploited, unless expressly permitted by this Agreement.
You are explicitly prohibited from attempting to extract source code or other private trade secrets from any TikiHosting.com Content through reverse engineering, recompilation, disassembly, or any other means, whether directly or indirectly. The rights granted to you with regard to your use of the Services and the TikiHosting.com Content are automatically terminated if you use the TikiHosting.com Content for any purposes that are not expressly permitted by these terms and conditions. Any rights that TikiHosting.com retains and which are not expressly given by the terms of this Agreement are hereby reserved for TikiHosting.com.
4. Client’s Content
You may have the capability to upload, publish, store, distribute, and display information, images, and other content (herein referred to as "Client’s Content"). This encompasses any content that you, as well as the users of any of your websites hosted through the Services, may post. It is crucial to note that you bear sole responsibility for all of the Client’s Content and any transactions or other activities carried out on or through the websites.
By posting or distributing Client’s Content via TikiHosting.com, you affirm and guarantee to us that:You possess all requisite rights to post or distribute the said content. Your act of posting or distributing such content neither infringes upon nor violates the rights of any third party.
You acknowledge and consent to the fact that TikiHosting.com reserves the right, though it is not under any obligation, to oversee the client’s content. TikiHosting.com retains the sole discretion to promptly implement any remedial actions, including but not limited to:The removal of all or a part of the Client’s Content. The suspension or termination of any or all Services, without reimbursement of any pre-paid fees.
Under this agreement, you hereby confirm that TikiHosting.com will not be held liable for any corrective measures taken by TikiHosting.com, including but not limited to the suspension or termination of Services.
You grant TikiHosting.com the following unfettered, royalty-free, and worldwide entitlement and license, as necessary for the operation of the Services: Use the Client’s Content and the client’s website, reproduce it, display it, modify it, translate it, extract it, release it, and distribute it,
make backup copies of the subscriber content and the subscriber website for archiving purposes.
It is important to emphasize that TikiHosting.com is not vested with any right, claim, or interest in or to the Client’s Content, which shall all exclusively stay in your control, except for the expressly allowed rights described above.
Age Requirement: A minimum age of 14 years is required to access or use TikiHosting.com. If you are using our services on someone else's or an organization's behalf:You affirm that you possess the authority to accept these Terms on behalf of the said person or entity and that they consent to be bound by these Terms and accountable to us in the event of any breaches.
The term "you" encompasses both yourself and the aforementioned person or entity as a collective entity. To employ the Platform, you assert that you have never engaged in, participated in, or faced legal action for fraudulent activities.
Jurisdictional Restrictions: You are forbidden from accessing or using our Platform if you are situated in a jurisdiction where the offering of our Platform is prohibited by law, hereafter referred to as a "Prohibited Jurisdiction." Furthermore, you are prohibited from granting access to our Platform to any entity or individual located in any Prohibited Jurisdiction.
6. User Accounts and Account Security
It might be essential to register for an account in order to use some or all of the features of TikiHosting.com. You must provide accurate account information when creating an account, and you must promptly update this information if your information changes. It is also your responsibility to ensure the security of your account, and you are required to notify us right away if you suspect or learn that your account has been accessed without your permission.
7. Additional User Responsibilities
It is your sole duty to make sure that your content and website work seamlessly with TikiHosting.com's hardware and software, which may be modified at TikiHosting.com's discretion. You must independently back up all your content and websites outside of TikiHosting.com's servers. TikiHosting.com is not responsible for any data loss. This backup obligation applies to all users, regardless of additional products. You must take all necessary precautions to maintain your content free of malicious code like viruses, worms, and Trojan horses. Additionally, you must refrain from using the Services for illegal, defamatory, abusive, or infringing activities. Your actions should not violate the intellectual property, privacy, or publicity rights of others, interfere with service operations, or contravene the terms and conditions outlined in this Agreement or related policies.
8. Third-Party Services and External Links
TikiHosting.com may allow the use of Third-Party Services in conjunction with our services or products. By engaging with Third-Party Services, you acknowledge and agree to the following:
Third-party services are not subject to TikiHosting.com's vetting, endorsement, or control. Any use of a Third-Party Service is undertaken at your own risk, and TikiHosting.com shall bear no responsibility or liability concerning these services. Your interaction with these services will be governed by the Third Party's terms and policies. It is your obligation to thoroughly review these terms and policies before using a Third-Party Service. It may also be noted that some Third-Party Services may request access to your data. If granted, your data is subject to the privacy policies of the third party. TikiHosting.com does not control how your data is used by Third-Party Services. We may not provide support or compatibility with issues related to these services.
9. Intellectual Property Rights
Materials accessible through TikiHosting.com's services may be protected by various intellectual property laws, including copyright, trademark, trade secret, and proprietary information laws. Clients are prohibited from using TikiHosting.com's services in a manner that would violate, infringe upon, violate, misappropriate, or obscure these rights in relation to any content obtained through TikiHosting.com's network. You are not given any rights or licenses to use any TikiHosting.com or third-party trademarks in any way by using our Services.
While using TikiHosting.com's services, clients maintain ownership of their own intellectual property rights, including any material, trademarks, and other data associated with their site or account content. TikiHosting.com will solely use this content and data for the purpose of providing hosting services unless compelled to take other actions by applicable law.
10. Copyright Infringement Complaints
TikiHosting.com upholds the principle of equitable treatment regarding intellectual property rights, reflecting the same standard expectations it has of others safeguarding its own rights. If anyone is concerned that the information on this website or any materials connected to it violates their copyrighted works, they are welcome to get in touch with us. TikiHosting.com is committed to promptly addressing such notifications, which may include the removal of links to the infringing material or the complete removal of the offending content when deemed necessary or appropriate.
11. Billing and Payment
11.1. Fees Due
You shall remit all fees for TikiHosting.com's Services as outlined in the registration form upon your Service order. Once paid, all fees are non-refundable, except as stipulated herein.
TikiHosting.com reserves the right to modify our pricing periodically. This includes the ability to increase the fees for Services, with a minimum of thirty (30) days prior written notice. Such notice may be in the form of notifications and updates communicated via emails regarding pricing for renewal terms. It is your sole responsibility to routinely review the emails or notices provided by TikiHosting.com.
Advertised fees do not include any applicable taxes imposed by taxing authorities concerning the provided Services. All taxes will be added as separate charges on TikiHosting.com's invoices, to be settled by you.
You have a ninety (90) day window to dispute any charges or payments processed by TikiHosting.com. In case of inquiries or concerns about a charge you believe to be incorrect, please contact us immediately. We reserve the right to suspend your account during the dispute's duration.
Misuse or fraudulent use of credit cards, charge cards, electronic funds transfers, and electronic checks is a breach of this Agreement. TikiHosting.com may report such misuses or fraudulent activities, as determined in our sole discretion, to relevant government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
12. Modification of Terms
We reserve the right to modify these Terms of Service at our discretion. If there are any modifications, we will publish the revised Terms here and update the "Last Updated" date accordingly. Additionally, we may notify you by sending an email notification to the address linked to your account. Unless specified otherwise in our notice, the amended Terms shall take immediate effect, and your continued access to and use of TikiHosting.com after receipt of such notice shall constitute your acceptance of these changes. It is important to note that any alterations to these Terms will not apply retroactively.
By utilizing our Services, including any information or content acquired through them, you expressly acknowledge and agree that you do so at your own risk. Furthermore, you acknowledge and agree that TikiHosting.com exerts no authority over, and assumes no liability for, the content of information passing through TikiHosting.com's host computers, network hubs, points of presence, or the Internet.
15. Limited Warranties
The Services offered under this Agreement are provided on an "as is" and "as available" basis. TikiHosting.com, along with its affiliates, employees, agents, suppliers, and licensors (collectively, the "TikiHosting.com Parties"), disclaims all types of warranties, including implied warranties of merchantability, fitness for a specific purpose, and non-infringement concerning the provided services. The TikiHosting.com Parties do not guarantee:Uninterrupted, error-free, or completely secure Services.
Specific results from using the Services.
The accuracy, reliability, or content of information provided through the Services.
The TikiHosting.com Parties are not responsible for the content of data transferred to or from subscribers through the Services. Any advice or information provided by TikiHosting.com or its representatives does not create a warranty. TikiHosting.com cannot guarantee uninterrupted access to the Services at subscribers' preferred times or locations. Additionally, TikiHosting.com does not warrant compatibility with any third-party services or software, even if such third parties claim compatibility. These terms persist even after terminating this Agreement.
16. Limitation of Liability
TikiHosting.com and its “Parties” bear no liability for any matters covered by this Agreement, regardless of the legal or equitable theory, including contract, negligence, or strict liability. This encompasses:Special, Incidental, or Consequential Damages
Cost of Substitute Products or Services
Interruption of Use or Data Loss
TikiHosting.com is not liable for failures or delays resulting from circumstances beyond our reasonable control, except where such an exemption is prohibited by applicable law.
We reserve the right to suspend or cancel your account or your right to access and use our Platform at any time, without prior notice and at our sole discretion, at any time. If you are unable to use or access TikiHosting.com, we are not responsible for any resulting loss or harm. You are free to stop utilizing the Platform whenever you choose. Any licenses or rights granted under these Terms will immediately cease to exist in the case of our terminating or suspending your account or access to TikiHosting.com.
18. Governing Law, Dispute Resolution and Compensation
The client acknowledges and agrees that the Agreements shall be deemed to have been entered into within the jurisdiction of Quebec, Canada, irrespective of the client's actual location.
Before initiating any claim or lawsuit related to a dispute arising from the Agreements (except for actions seeking injunctive relief as provided herein), the aggrieved party shall, in writing, seek the other party's participation in negotiations aimed at achieving an amicable resolution. The parties will make good-faith efforts to facilitate written communication, in-person meetings, and/or telephone conferences as necessary and mutually convenient for the management personnel involved, within thirty (30) days following the dispute resolution negotiation request (referred to as the "Negotiation Period"). During the Negotiation Period, no lawsuit may be initiated in relation to the dispute.
In the event of a dispute between the client and TikiHosting.com, the sole compensation or remedy available to the client shall be a refund of the money paid to TikiHosting.com. This refund shall constitute the full and final resolution of any claims or disputes between the parties related to the Agreements or the use of TikiHosting.com's services.
19.1. Data Backup Responsibility
TikiHosting.com periodically performs data backups on its servers for its internal operating requirements, but it is not required to do so by this Agreement. The subscriber is completely responsible for backing up all files and data stored on TikiHosting.com servers. Any loss of subscriber files and/or data on a TikiHosting.com server shall not, under any circumstances, subject TikiHosting.com to liability for damages under any law.
No party hereto shall be deemed to have waived any right or remedy under this agreement by failure or delay, nor shall any party's single or partial exercise of any right or remedy prohibit any other or later exercise of that right or remedy or the exercise of any other right or remedy. No express waiver or assent by any of the parties hereto to any breach or default in any term or condition of this Agreement shall constitute a waiver or assent to any subsequent breach or default in the same or any other term or condition of this Agreement.
The parties intend that the remaining provisions unless otherwise specified, shall continue to represent their agreement regarding the subject matter of this Agreement in the event that a court of competent jurisdiction finds that any provision within this Agreement is unlawful, invalid, or unenforceable. Unless otherwise stated, all such remaining provisions shall continue to be completely valid and enforceable.
19.4. Independent Contractor Relationship
Under the terms of this Agreement, TikiHosting.com and the Subscriber are recognized as independent contractors. Nothing in this Agreement binds TikiHosting.com and the Subscriber into a principal-agent, partnership, or joint venture. By stated or implicit representation, neither party is allowed to act in the other party's name to enter into contracts or agreements or to put limits or duties on them in any way.
19.5. Third-Party Beneficiaries
This Agreement is not intended, and shall not be construed as, granting any rights to any person other than the parties hereto, and each of their respective successors and permitted assigns, except as expressly provided in this Agreement. However, you acknowledge and agree that any supplier of a third-party product or service that is specifically identified in the Service description as a third-party beneficiary is regarded as an intended third-party beneficiary with respect to the provisions of this Agreement that apply only to its products or services. As if it were a signatory to this Agreement, such a third-party beneficiary shall have the right to directly enforce against you the terms and conditions of this Agreement with respect to its goods or services.
19.6. Force Majeure
Neither party shall be held liable for any failure or delay in the performance of its obligations under this Agreement, except for payment obligations, if such failure or delay is directly or indirectly caused by circumstances beyond the reasonable control of that party. Such circumstances include but are not limited to, events such as fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions in transportation or communications, supply shortages, or the inability of any third party to fulfill any commitments related to the production or delivery of equipment or materials necessary for that party to fulfill its obligations under this Agreement.
20. Renewal of Agreement
The annual agreement renews automatically unless one of the parties informs the other 3 months before the renewal date. If the general scope of the project remains the same, TikiHosting.com commits to renew the agreement to the same general terms. However, the applicable rate(s) / amount for the services rendered might/would be adjusted considering the applicable CPI rates in Canada/USA/Europe, which will be mutually agreed upon.
21. Data Protection/Privacy Officer
The Data Protection/Privacy Officer is Marc Laporte. Please reach out to him about any questions or concerns.