Evolving Media & Design Inc. company logo with the tags Innovate. Engage. Transform.

T 613.482.1159

MENU

WEB HOSTING USER AGREEMENT

UPDATED SEPTEMBER 18, 2025

By signing up for or using Evolving Media & Design Inc.’s web hosting services, you agree to follow the terms of this agreement, including the Privacy Policy and Acceptable Use Policy. This agreement applies to all services you order from Evolving Media & Design Inc., a Canadian company.

1. Introduction

  • This agreement is between you (the “Customer”) and Evolving Media & Design Inc.
  • It covers all web hosting services you purchase through an order form or other provided channels.
  • You confirm you’re either an individual over 18 or a legally recognized organization, and the person signing this agreement is authorized to do so.
  • Evolving Media & Design Inc. can refuse service or reject this agreement for any reason.
  • Services start once your order is activated, which means the company accepts the agreement.

 

2. Changes to the Agreement. 

  • Evolving Media & Design Inc. may update this agreement at any time by posting changes on their website evolvingmedia.com.
  • You’re responsible for checking the website for updates. The company may also email you about changes but isn’t required to.
  • If you don’t agree with major changes, you can cancel your subscription within 10 days. Continuing to use the services after changes means you accept them.

 

3. Agreement Term and Cancellation. 

  • The agreement starts when your order is confirmed and payment is received. The term length is chosen by you and shown in the order form.
  • After the initial term, the agreement auto-renews for the same length unless canceled.Cancellation:
  • You or Evolving Media can cancel at the renewal date with 15 days’ notice.
  •  Evolving Media can cancel at any time with 72 hours’ notice for any reason, refunding unused prepaid fees (prorated).
  • If Evolving Media cancels due to your non-payment or breach of the agreement, no refunds are given, and you may owe a $350 per domain/service package as a penalty.
  • If you cancel early or Evolving Media terminates for your breach, you’ll owe a $150 breach-of-contract fee per domain/hosting account, and prepaid fees are non-refunded.
  •  Evolving Media can terminate services if your use leads to legal action or threats against them, without considering the merit of the claims.
  • All sales are final.

 

4. Billing and Payments.

  • Fees are due in advance based on Evolving Media’s fee schedule, which may change.
  • If paying by credit card, you authorize charges up to 30 days before fees are due.
  • Late payments (over 10 days) incur a $40 late fee. A 2% monthly interest may apply on overdue amounts (or less if required by law).
  • If payment is overdue by 5 days, Evolving Media may suspend or terminate services and charge a $40 reinstatement fee.
  • You’re responsible for all taxes and fees.
  •  Chargebacks (disputing charges directly with your bank) are not allowed if services were provided. Disputes must be resolved directly with Evolving Media.
  •  Returned checks incur a $75 fee; wire transfers have a $75 fee.
  • Evolving Media may automatically provide and charge for new services or upgrades (up to once per quarter). You can cancel these within 30 days by opening a billing ticket at www.evolvingmedia.com with the subject “Cancel Additional Service.”
  • If you default, you’re responsible for breach fees, late fees, collection costs, and reasonable legal fees.

 

5. Resellers. 

  • If you resell Evolving Media’s services, your clients are your responsibility, not Evolving Media’s. You must provide support to them.
  • You can’t use Evolving Media’s brand name when reselling.
  • You’re responsible for all taxes and compliance with export laws for resold services.
  • Non-payment by your clients doesn’t excuse your payment obligations to Evolving Media & Design Inc.

 

6. Third-Party Products. 

  • Evolving Media may resell or license third-party hardware, software, or equipment.
  • They aren’t responsible for issues with these products, like defects or obsolescence.
  • Your rights for these products come from the manufacturer, not Evolving Media.
  • You must use these products only as allowed and protect their intellectual property. You can’t copy, modify, or export them illegally.

 

7. IP Address Ownership. 

  • Evolving Media owns any IP addresses assigned to you and can change or remove them at their discretion.

 

8. Caching. 

  • You allow Evolving Media & Design Inc. to cache your content, including third-party content you host.
  • You’ll cover any legal claims if caching infringes on intellectual property rights.

 

9. Scripts and Executables. 

  • You can’t run scripts or programs on Evolving Media’s servers that harm their performance.

 

10. Bandwidth and Disk Usage. 

  • Evolving Media monitors your daily bandwidth and disk usage.
  • If you exceed your plan’s limits, they may charge extra, suspend services, or terminate the agreement.
  • Their usage reports are final in disputes, and log files count toward disk usage.

 

11. Intellectual Property Rights. 

  • Evolving Media owns all intellectual property related to their services (e.g., trademarks, copyrights).
  • This agreement doesn’t give you rights to use or resell their intellectual property.

 

12. Your Website and E-Commerce.

  • You’re responsible for:
    – Getting permission for links to third-party websites.
    – Ensuring your website content is accurate and doesn’t infringe on others’ rights.
    – Developing, operating, backing up, and maintaining your website and e-commerce activities.

  • Evolving Media can remove your content or links if they believe it’s illegal, infringing, or exposes them to liability.
  • They don’t back up your website or data.

 

13. No Warranty. 

  • Services are provided “as is” and “as available.”
  • Evolving Media makes no guarantees about service quality, reliability, or uninterrupted access.
  • They’re not responsible for data transferred or stored through their services or for any advice given by their staff.

 

14. Indemnification. 

  • You agree to cover Evolving Media & Design Inc. and its affiliates for any claims, losses, or legal fees caused by your use of the services, violation of this agreement, or your actions/omissions.

 

15. Limitation of Liability. 

  • Evolving Media isn’t liable for damages from unauthorized access to their services, even if caused by security flaws.
  •  They’re not responsible for indirect, incidental, or consequential damages (e.g., lost profits or data) caused by service issues, errors, or interruptions.
  • Their maximum liability is limited to what you paid for the services in the 12 months before the issue arose.
  • If Evolving Media takes action (e.g., suspends services) due to your actions, they’re not liable for impacts on you or your clients.

 

16. Prohibited Uses 

You can’t use the services for:

  • Violating intellectual property rights (e.g., copyrights, trademarks).
  • Sending spam or unsolicited emails.
  • Forging or hiding email origins.
  • Creating or sending viruses, worms, or other harmful code.
  • Hacking or attempting unauthorized access to systems.
  • Exporting software in violation of Canadian or U.S. laws.
  • Hosting, storing, or sharing child pornography (Evolving Media will report this to law enforcement).
  • Engaging in illegal activities (e.g., fraud, pyramid schemes).
  • Posting obscene, defamatory, harassing, or threatening content.
  • Any activity that disrupts Evolving Media’s services, reputation, or customers.
  • If you violate these rules, Evolving Media may remove content, suspend, or terminate services without liability.

 

17. Copyright Infringement

  • Evolving Media complies with the U.S. Digital Millennium Copyright Act (DMCA) for copyright issues.
  • If someone claims your website infringes their copyright, Evolving Media may remove or disable the content if proper notice is provided (including details like the copyrighted work, infringing material, and a signed statement).
  • You waive claims against Evolving Media if their actions under this policy harm you or your business.

18. Disclosure of Customer Information and Legal Process

Although Evolving Media & Design Inc. will ordinarily maintain strict Customer confidentiality there are certain exceptions where Evolving Media & Design 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 or official governmental request, to protect Evolving Media & Design Inc. or others from harm, and/or to ensure the proper operation of the Services. Evolving Media & Design Inc. has no obligation to notify any person, including the Subscriber about whom information is sought, that Evolving Media & Design Inc. has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation. 

19. Force Majeure.

Evolving Media & Design Inc. shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

20. Governing Law; Jurisdiction; Arbitration.

This Agreement shall be governed in all respects by Canadian law, in the Province of Ontario, without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Ontario. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the Arbitration and Mediation Institute of Canada Inc. in accordance with its then existing Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Ottawa, Canada, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this section shall survive any termination of this Agreement. 

21. Assignment.

Evolving Media & Design Inc. may assign this agreement at any time and without notice to Customer. Customer shall not have the right to assign this Agreement without the prior written consent of Evolving Media & Design Inc.. This Agreement shall be binding upon and inure to the benefit of Customer and Evolving Media & Design Inc. and their successors and permitted assigns. 

22. Entire Agreement; Severability. 

This Agreement, together with the Order Form and any other documents or agreements identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the parties agree that the remainder of this Agreement shall remain in full force and effect.

Last updated: 2019-01-07

23. Acceptable Use Policy

Evolving Media & Design Inc. appreciates doing business with you or your Company. As a provider of web hosting services, domains and other services and products Evolving Media & Design Inc. must comply with certain laws and regulations. Evolving Media & Design Inc. espouses ethical business practices and expects users, customers, affiliates and others to adhere to such standards. While Evolving Media & Design Inc. strives to provide users with the unfettered discretion to post on their website any content you desire, Evolving Media & Design Inc. must balance said desire with the community they serve, the public, the laws where Evolving Media & Design Inc. does business and the regulations therein. Evolving Media & Design Inc. reserves the right in its sole discretion to suspend or terminate any site hosted for any reason, including but not limited to, your violation of any laws, the terms and conditions of this Acceptable Use Policy or the terms and conditioned contained in your web hosting agreement with Evolving Media & Design Inc., which is hereby incorporated by reference. The Acceptable Use Policy below describes certain actions relating to the content and operation of your Website which Evolving Media & Design Inc. considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact Evolving Media & Design Inc.. Evolving Media & Design Inc.’s right to remove suspend or terminate any site hosted by Evolving Media & Design Inc. for inappropriate content under this Policy shall not place an obligation on Evolving Media & Design Inc. to monitor or exert editorial control over any Website.

24. Prohibited Activities

Actions which Evolving Media & Design Inc. considers inappropriate and grounds for suspension or termination of your account include, but are not limited to, the following:

  1. Using your Website to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered;
  2. Using your Website to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
  3. Using your Website to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
  4. Using your Website to post any content that holds Evolving Media & Design Inc. (including its affiliates), employees or shareholders up to public scorn or ridicule or would in anyway damage or impair Evolving Media & Design Inc.’s reputation or goodwill;
  5. Using your Website to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
  6. Failing to obtain all required permissions when using your Website to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
  7. Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
  8. Using your Website in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
  9. Introducing viruses, worms, Trojan horses, or other harmful code on the Internet; or
  10. Any other act or omission that Evolving Media & Design Inc. in their sole discretion determines to be unacceptable, irrespective of whether such act is reasonable.

 

25. Technical Prohibitions

  1. Use our services, your own or others to cause denial of service attacks against Evolving Media & Design Inc. or other network hosts or Internet users or to otherwise degrade or impair the operation of Evolving Media & Design Inc.’s servers and facilities or the servers and facilities of other network hosts or Internet Users;
  2. Post messages, images, or any other item that consumes excessive CPU time or storage space;
  3. Utilize Evolving Media & Design Inc.’s services to offer mail services, mail forwarding capabilities, POP accounts, auto responders or similar goods or services other than for Your own Evolving Media & Design Inc. account;
  4. Utilize the Services to resell access to CGI scripts installed on Evolving Media & Design Inc.’s servers;
  5. Utilize the services to subvert, or assist others in subverting , the security or integrity of any Evolving Media & Design Inc. systems, facilities or equipment;
  6. Utilize services to gain unauthorized access to the computer networks of Evolving Media & Design Inc. or any other entity or person;
  7. Utilize the services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
  8. Utilize the services to i) forge the signature or other identifying mark or code of any other person, ii) impersonate or assume the identity of any other person, or iii) engage in any other activity, including but not limited to, spoofing, to attempt to deceive or mislead other persons regarding the true identity of the User;
  9. Utilize the services to conduct port scans or other invasive procedures against any server (except any server for which User is an authorized system administrator;
  10. Violate any term and condition of any agreement, you, your entity or the entity you represent has with Evolving Media & Design Inc..com, including but not limited to the terms and conditions of the terms and conditions of Evolving Media & Design Inc.’s website hosting agreement, the terms and conditions of use, the Evolving Media & Design Inc..com Privacy policy, the Evolving Media & Design Inc..com spam policy, any Evolving Media & Design Inc..com affiliate or reseller agreement or the mentor forum or any other agreement with Evolving Media & Design Inc..com, all of which are hereby incorporated by reference as Exhibits; or
  11. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

 

26. REVISIONS TO ACCEPTABLE USAGE POLICY

Evolving Media & Design Inc. may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by Evolving Media & Design Inc. on its Website www.evolvingmedia.com/service. You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes. 

27. Alleged Copyright Infringement

PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES.  ANY INQUIRIES OTHER THAN THESE RELATED TO THE DMCA WILL BE DELETED. 

As required by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c), all notifications of claimed copyright infringement regarding Websites hosted by Evolving Media & Design Inc. should be sent ONLY to our designated agent.

Evolving Media & Design Inc.
57 Gauthier Street
Alexandria, ON, K0C 1A0, Canada

Email: legal@evolvingmedia.com

If you believe a Website hosted by Evolving Media & Design Inc. infringes a copyright, you must provide the following information to the person identified above (17 USCA 512 et al as amended):

  1. 1. A physical or electronic signature of the copyright owner or authorized agent;
  2. 2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. 3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. 4. Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address);
  5. 5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

28. Spamming Policy

Evolving Media & Design Inc. has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of ‘spam’ related activity. Evolving Media & Design Inc. defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. 

29. Our Policies: 

  1. Evolving Media & Design Inc. customers, and customers of Evolving Media & Design Inc. customers or any user of bandwidth and/or services on our network (herein described as ‘users’) are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Evolving Media & Design Inc. may consider the lack of such proof of explicit affirmative permission of a questionable mailing UBE/UCE at its sole discretion. 
  2. Evolving Media & Design Inc. customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service. 
  3. Evolving Media & Design Inc. customers will be notified in the event that they may be hosting sites listed as violators of the above policy. Again, failure to rectify such situations may be cause for termination. 
  4. Evolving Media & Design Inc. customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services. 
  5. Valid complaints received by Evolving Media & Design Inc. will be forwarded to customer for a response and resolution. If within twenty-four (24) hours there is no response, Evolving Media & Design Inc. may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with Evolving Media & Design Inc. when it changes. 
  6. If Evolving Media & Design Inc. receives repeat complaints indicating that a problem has not been resolved, Evolving Media & Design Inc. reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours.

 

To report an incidence of abuse, please report it to Support