Equinox Hosting was established in 2021 with the simple goal of making quality hosting services available and affordable for everyone.
1. Overview
1.1 – The Terms of Service (“The agreement”) are an agreement between Equinox Hosting (“Equinox Hosting”, “us”, “we” or “our”) and you (“Customer”, “user”, “you”, “your”). This Agreement sets forth the general terms and conditions of your use of the products and/or services made available by Equinox Hosting and of the equinoxhosting.ca/ website. By using our products and/or services, you agree to be bound by the Agreement, all applicable laws and regulations. If you do not agree to abide by the terms of the Agreement, you are not authorized to use or access our products and/or services.
1.2 – We reserve the right to partially or totally modify any policy, section or portion of the Agreement at any time and at our sole discretion and without advance notice to you. Any changes will be effective when they are posted to the site. Your continued use of our products and/or services following any change in the Agreement will signify that you accept such changes. If you do not agree to any changes in the Agreement, please discontinue use of our products and/or services.
1.3 – Any new features or tools which are added shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes here.
1.4 – By accepting the Agreement, you are also agreeing to our Privacy Policy.
2. Legal Obligations
2.1 – Under no circumstances we claim responsibility and/or liability for what you choose to host on your products and/or services.
3. Liability
3.1 – Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall be 100% of the product and/or service fee for that specific month.
4. Your Account
4.1 – We reserve the full right to terminate your account at any time, with or without advance notice. Your account and its products and/or services will be terminated if you are found in violation of the Agreement.
4.2 – You must be at least eighteen (18) years of age, or the age of majority in your province, territory or country, to be eligible for the use or access to our products and/or services. Any registration, use of or access to our products and services, by anyone under eighteen (18) is unauthorized unless with the permission of a parent or care.
4.3 – It is your responsibility to provide accurate, current, and complete information to us. If we need to contact you, we will use the primary email address associated with your account. It is your responsibility to ensure that the contact information for your account is correct and complete at all times. Providing false information of any kind may result in the termination of your account and its Services. In certain cases you may be required to provide government issued identification and possibly a scan of the bank statement of the credit card used for verification purposes. Failure to provide the information requested will result in your order being denied and canceled.
5. Service
5.1 – We reserve the right to shut down, suspend, terminate or deny access to any product and/or service with or without reason, with or without advance notice. We are not responsible for any data loss related to the termination of products and/or services.
5.2 – If a server is found abusing our service we have the right to suspend the server. Abusing may include but not limit to the following:
- High CPU Usage,
- Cause harm to the server,
- Discussion of illegal activities (voice),
- Using the service for something it is not designed to,
- Distributed Denial of Service Attacks (DDOS).
5.3 – All services and/or products are still subjected to software limitations and physical hardware limits.
5.4 – We reserve the right to deny and/or cancel any order with or without reason.
5.5 – Your service will be suspended three days after the last due date. Files will be deleted 7 days after the last due date. You can find the due date on the invoice.
6. Payments
6.1 – When ordering a product and/or service from Equinox Hosting, you are only receiving a license and/or renting the product and/or service. All services and/or products remain the property of Equinox Hosting.
6.2 – All services and/or products ordered from us will not be activated until payment has been received and verified to not be fraudulent. In most cases, payment verification is automatic but may require manual review in rare circumstances.
6.3 – To provide continuous service, Equinox Hosting automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). By using the site, you acknowledge that your account will be subject to the above-described automatic renewals.
6.4 – Overcharged payments or uncancelled subscriptions may be refunded outside the regular refund period if sufficient proof can be provided that everything was done to prevent this situation. It is possible to receive a full-cash refund if a refund request is received within 7 days since the overcharged or uncancelled payment was made. After these 7 days it is only possible to receive a refund based on account credits. If no refund request has been received within 3 months the payment will be forfeit and you will not be able to receive any form of refund.
7. Refunds
7.1 – All our services include a 72 hours refund policy. If the first 72 hours have been exceeded since the initial first payment, we cannot offer any refund. If we suspect abuse of this policy we may hold the refund for up to 5 business days. Refunds after 72 hours of usage of our service will receive a partial refund based on the remainder of the billing cycle. Refunds have to be done through the billing panel, by creating a ticket there.
7.2 – Services may be canceled by the customer at any time, however we do not provide a refund for the remaining time of the billing cycle outside our 72 hour refund period. To receive a refund within our refund period the proper procedure has to be followed.
8. Chargebacks
8.1 – Any chargeback, dispute, or claim filed against us will result in an immediate and permanent termination of all products and/or services associated with the customer’s account and the account itself despite the outcome of the chargeback, dispute or claim. Unpaid chargeback fees may be outsourced to a collection agency.
9. Cancellations
9.1 – In order to cancel any service and/or product you must issue a cancellation request within our billing area. Additionally, you must manually cancel any active PayPal subscriptions that were created when ordering your service and/or product. We do not have access to deduct funds from your PayPal account, and will not be held responsible for automated payments made via PayPal subscriptions.
10. Downtime & Denial of Service Attacks
10.1 – We do not have a 100% uptime guarantee for your service(s). We do however try to resolve any issues as soon as possible. We are not held responsible if your server is down due to user generated mistakes. We are also not responsible for any loss of revenue that might be caused due to downtime.
10.2 – Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall be 100% of the product and/or service fee for that specific month.
10.3 – We are not responsible for any downtime caused by DDoS (Distributed Denial of Service) or DoS (Denial of Service) attacks. If a DDoS or DoS attack is targeted at a specific customer’s product and/or service for an extended period of time and affects other customer’s products and/or services we may suspend it until further notice or resolution.
11. Data Loss & Storage
11.1 – We are not to be held responsible for any data losses. We recommend users to make additional off-site backups of their servers in case of faulty machines, bad modifications, etc. We do not provide backup recoveries. If data was lost from our side we will do our best to recover as much data as we can. If this is not possible we will make sure to make arrangements with the affected clients, this may include free credits on the portal or refunds.
12. Our Site & Modifications
12.1 – We reserve the right to modify any of the information on the site at any time, with or without advance notice.
12.2 – We are not responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
12.3 – We reserve the right to update the pricing and/or specifications of any product and/or service at any given time, with or without advance notice.
12.4 – We reserve the right to discontinue any product and/or service at any given time, with or without advance notice.
12.5 – We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product and/or service.
13. Support
13.1 – Any support request must be submitted through your client area. We are not required to provide technical support via live chat, social media, or other unofficial contact methods.
14. Abuse
14.1 – To report abuse on the Equinox Hosting, contact us at https://equinoxhosting.ca/contact/
14.2 – Any abuse complaints regarding a service of yours will be forwarded to you and will require immediate attention. We may suspend your services until abuse reports have been resolved. If an abuse report is found in favor of the reporter, your services may be terminated.
15. Acceptable Use Policy
15.1 – Any attempt to undermine, cause harm, or obtain unauthorized access to a server that is on our network is strictly prohibited. As our customer, you are responsible for all of your accounts and actions.
15.2 – We reserve the right to reboot, shut down, suspend, or terminate any service found in violation of our Acceptable Use Policy.
15.3 – We believe in second opportunities. If a procedure in case of violation is not specified on the violated policy, our standard procedure is to first shut down and/or suspend your service. Then, a ticket will be opened through our client area detailing the offense and the necessary steps to resolve the situation. Once the customer replies to the ticket acknowledging that they understand the issue and how to correct the problem, the service will be reactivated and the customer will have 24 hours to prevent any further abuse. If further violations occur, we will terminate the customer’s service without a right to receive a refund.
15.4 – Our products and/or services must only be used for its intended purpose. Any data that constitutes as illegal material is strictly prohibited in our servers. Examples of illegal and obscene materials may include but are not limited to: child pornography, pirated software, fraudulent websites or threats.
15.5 – The terms ‘unlimited’ or ‘unmetered’ does not truly define unlimited. Our servers reserve, split and distribute resources evenly among all clients. We reserve the right to shut down, suspend, or terminate a server found to be using an excessive amount of resources including but not limited to: storage space, disk I/O, memory, or CPU usage.
15.6 – The following general policies apply to all of our servers:
- Unsolicited bulk email, commercial messages (“spam”), or mass messages are strictly prohibited.
- Disrupting the services or performance of any other customer or network is strictly prohibited.
- Sending DoS/DDoS attacks is strictly prohibited.
- Network booters, stressors, or other websites that promote illegal or questionable activities are strictly prohibited.
- Spoofing IP addresses is strictly prohibited.
- Botnets are strictly prohibited.
- IP/port scanning is strictly prohibited.
- Open proxies, TOR relays, and TOR exit nodes are strictly prohibited.
- Violations of copyrights or trademarks is strictly prohibited.
16. Third Party Licenses and Agreements
16.1 – When you order a product and/or service from us, you automatically accept the licenses and agreements of the softwares we use to provide you these services. These licenses and agreements, depending of the products and services you order, include but are not limited to: WHCMS End User License Agreement, Minecraft End User License Agreement.
16.2 – Below we provide a best effort list of all the licenses and agreements you will accept when ordering our products and/or services, however, this list may not be up to date or complete at all times. It is your responsibility as the customer and end user to consult all of the license agreements before placing an order. If you are unsure or would like to get the latest and up to date list of the software we use to provide each service, feel free to contact us.
16.3 – WHMCS End User License Agreement
- By using any of our services, you agree to the WHMCS End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by WHMCS Limited.
- WHMCS EULA: https://www.whmcs.com/eula/
16.4 – Minecraft End User License Agreement
- By using any of our Minecraft-related services, including but not limited to Minecraft Servers, you agree to the Minecraft End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Mojang AB.
- Minecraft EULA: https://account.mojang.com/documents/minecraft_eula
