Foxpress.io Hosting and https://design.foxpress.io and https://host.foxpress.io (hereinafter “Foxpress.io“), are operated by Foxpress Design (hereinafter “Foxpress“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of any foxpress.io website, and to your use of the services offered through any foxpress.io website. By using any of the services or products provided or serviced by Foxpress, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.
The present Terms and Conditions have last been modified on January 14, 2019 and apply to all users.
1. Terms and Conditions
1.1. Eligibility Criteria of Foxpress Services
The services offered through any foxpress.io website are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use any foxpress.io website only with the permission and under the supervision of your parents or legal guardian. Foxpress also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
2. Account Creation, Maintenance, Modification and Cancellation
2.1. Account Creation
You can create an account by filling in the form provided on any foxpress.io website. Fees associated with our services can also be found on our website.
2.2. Accurate Information
2.3. Account Maintenance and Security
You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account. You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Foxpress immediately of any unauthorized use of your account or of any other breach of security. You agree Foxpress will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Foxpress or another party due to someone else using your Account Access Information. Foxpress advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Foxpress infrastructure in any way. While Foxpress has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Foxpress liable for any errors or interruption of services, whether within or outside of Foxpress’s reasonable control.
2.4. Responsibility for Content
You agree that you are solely responsible for the content stored on and served on your Foxpress account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Foxpress disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at https://design.foxpress.io/legal/aup
2.5. Account Suspension and Cancellation
You may cancel your account and prevent an automatic renewal by requesting a cancellation through the Client Area at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a Foxpress agent to properly identify the account in question, including your full domain name and hosting account type.
You agree to comply with all the present Terms of Services and understand that Foxpress may need to suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.
Under no circumstance will Foxpress be held responsible for any loss resulting for incomplete or incorrect backups. By using Foxpress services, you agree to maintain complete backups on your own computers of all data stored on Foxpress servers.
Web Hosting, Reseller Hosting, WordPress Hosting & Email Hosting
Foxpress performs regular courtesy backups of data stored on certain types of services, including web hosting and reseller hosting accounts. Backups are offered as a courtesy service and while they are generally very effective, they cannot be guaranteed. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 inodes may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.
Cloud & Dedicated Servers
On Cloud or Dedicated servers, you may purchase external backup from your Client Area at any time. Foxpress will enable the appropriate storage service for you on our backup systems, and will enable automatic backups for your data using specialized backup software. You must ensure that the data on your server does not exceed the capacity of your backup storage. In the event that your server’s data exceeds the backup storage capacity, some of your data may not be backed up until you upgrade your backup storage.
Foxpress relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run. As such, you are strongly encouraged to regularly test the backup restoration process on your server and report any issues to Foxpress’s support team.
4. Acceptable Use Policy
In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other Foxpress clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://design.foxpress.io/legal/aup.
5. Domain Names
Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which can be found at https://design.foxpress.io/legal/domains.
6. ID Protect Service
If purchased in conjunction with certain types of domain names, the ID Protect service is intended to shield the customer’s personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer’s information with the confidentiality services information. The ID Protect service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that may have been saved and published by other parties prior to the purchase and activation of the ID Protect service. The ID Protect service is not available for all domain types (TLDs). The ID Protect service is non-refundable and is not covered by our money-back satisfaction guarantee. The Client must maintain accurate contact information in their private Foxpress profile at all times, as stipulated by ICANN rules and regulations.
7. Online Shop
The Online Shop product is intended to facilitate the presentation and/or sale of products and services via a client’s website. Foxpress will install and perform a custom configuration of a shopping cart software on the client’s chosen domain. Upon request, Foxpress may perform limited customization to the shopping cart’s appearance (also referred to as “template customization”), so long as such requests are submitted via a helpdesk ticket within 30 days of the initial order. The limited customizations may include:
- Addition of a logo and/or banner.
- Minor changes to site layout, based on existing template.
- Change of font type, font size, and/or font colours.
- Change of background colours.
Additional customizations may also be performed, at the client’s request, for an additional fee. The client will be solely responsible for managing their online store, including adding and managing their products or services, provisioning their orders and accepting payments. The client understands that the use of the Online Shop is limited to the functionality offered by the shopping cart software and its various modules and plugins, as described in the Online Shop section of any foxpress.io website. The client may need to open separate accounts with “payment Gateway” or merchant providers, such as Paypal, in order to accept credit card payments through their websites. The client is responsible for any and all fees relating to these third-party services.
8. SSL Certificates
The use and installation of COMODO SSL Certificates offered by Foxpress are subject to the terms and conditions of COMODO. SSL Certificates can only be installed on hosting accounts having their own dedicated IP address. If a dedicated IP address was not purchased prior to, or at the same time as, the SSL certificate, you will be unable to install and activate your SSL certificate on your hosting account until you have purchased and received confirmation of activation of a dedicated IP address. Following an SSL purchase, a Foxpress technician will request a certificate from Comodo (depending on the certificate) and attempt to complete its installation on your account within 72 hours. Your Web Site may experience several hours of downtime during the SSL installation process. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively with the address https://primarydomain.com, where primarydomain.com will be your domain name on which the SSL certificate installation was requested. A maximum of one (1) SSL certificate can be installed per hosting account and per IP address. SSL Certificates are non-transferable.
9. Webmaster Help Service
The Webmaster Help Service is a paid service offered by Foxpress in order to provide you with technical assistance relating to your websites, outside of the scope of our standard technical support. The Webmaster Help Service is billed by the hour, at an hourly rate established on Foxpress’S Web Site or through written communications prior to the start of work. If a phone consultation is required, a support agent can call you at an agreed upon time and provide assistance for a duration that does not exceed a maximum of 50 minutes per billable hour.
Foxpress cannot guarantee any specific results with their Webmaster Help Service. While our team will attempt to complete any task in the time they have available, the results will depend entirely on the complexity of the project and the available time-frame. If we’re unable to complete the required work in the allotted time slot, we’ll let you know and provide you with options.
The Webmaster Help Service is non-refundable. The first hour of Webmaster Help fees must be paid prior to the start of the work, and additional hours incurred must be paid in full within five (5) days of the work being performed.
10. Dedicated IP Address
All dedicated IP addresses assigned to you must be maintained by you in a manner that confirms to the norms and regulations set forth by ARIN (https://www.arin.net/policy/nrpm.html), and must be used at 80% within 30 days of being assigned. At the outset, unless otherwise noted, you will be assigned a shared IP address. Afterward, if justified, you may obtain one (1) dedicated IP address per hosting account, at additional cost. The only two valid justifications for a dedicated IP address according to ARIN are (1) to install an SSL certificate or (2) to configure an anonymous FTP server. Foxpress reserves the right to evaluate the pertinence of any dedicated IP address request, and deny such requests if they do not comply with ARIN regulations. Foxpress retains at all times full control and rights to the IP addresses assigned to you, and reserves the right to modify or remove assigned addresses with prior notice. A dedicated IP address change may incur an unavailability of your website lasting up to 24 hours, due to DNS propagation.
11. Site Transfers
Foxpress can help move your website from any other compatible web hosting provider within 30 days of your initial hosting order. However, transfers are provided as a courtesy service, and Foxpress can not make guarantees regarding the availability, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult or impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
A free site transfer service request can be made within 30 days of a new hosting order and must include all necessary login information to allow us to connect to your other provider’s hosting account. Unless otherwise confirmed in writing by our support team, free site transfers are limited to 1 website, 5 Gigabytes of data, 3 email accounts, and one database. Please get in touch with us first for more complex websites or multi-site transfer requests.
Requests placed after the initial 30-day period are subject to our standard Webmaster Help service rates.
12. Affiliate Program
The terms and conditions of the affiliate program can be found at https://design.foxpress.io/legal/affiliates.
You may, through the purchase of specific Reseller hosting services, resell to your customers the use of Foxpress’s hosting environment, as described on the Reseller Hosting service page. You must ensure and enforce that all your customers that use any of our servers or services abide by our Terms and Conditions. You agree to defend, indemnify and hold harmless Foxpress, its officers, directors and employees, from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from any act or omission of any such the customer that would be a breach of these Terms and Conditions if committed by you.
14. Search Engine Listing
Foxpress is not directly associated with any search engines and is not responsible for the ranking of your website in search results. However, Foxpress does offer certain Web Marketing services that may assist you in obtaining favourable search engine rankings with specific search engines, using specific keywords. Foxpress cannot guarantee specific results beyond what is described or guaranteed on any foxpress.io website.
15. Service Guarantees
15.1. Money-back guarantee
Foxpress is fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied for the service obtained within 30 days of your purchase, Foxpress will refund your hosting costs. The money-back guarantee applies exclusively to eligible services as described in paragraph 18 of the present Terms and Conditions for details.
15.2. Guaranteed technical support in 24 hours or less
Foxpress guarantees we will respond to questions sent to our support staff through our Client Area support system within a maximum of 24 hours (although we normally reply much faster than that). This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us, or requests that have been responded to but require additional resolution time due to causes outside of our control. Response times may be longer during Canadian holidays and weekends. If a technical request is not answered within the aforementioned timeframe, you will be entitled to one 25% credit on your monthly hosting fees per incident, up to a maximum of 100% of your monthly hosting fees. This credit will be applicable on future hosting fees.
15.3. 99.9% Guaranteed Server Availability
Foxpress understands the importance of having a continuously available website and guarantees a server availability (or “uptime”) of 99.9%, calculated monthly. Our services are considered available if they respond to external PING requests from at least two different external monitoring services.
Any scheduled maintenance outage will not be taken into account when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be taken into account when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors.
In the rare case that an unscheduled outage causes a service to be unavailable for more than 0.1% of a calendar month (or 43 minutes), you will be eligible for an account credit equivalent to 5% of your pre-tax monthly fees for every hour of unscheduled downtime, up to 100% of your monthly hosting fees. You can request a service credit following an outage by contacting us. Service credits can only be issued once per month, at the end of a calendar month. Domain names are not eligible for account credits.
Foxpress will generate renewal invoices automatically for all your active services at least 15 days prior to their expiration date. When we generate a new invoice, we’ll send you an email with a copy of the invoice and will also make the invoice available in your Client Area.
Unless otherwise requested, Foxpress will attempt to charge the payment method on file 5 days prior to your invoice’s due date. In the event that you do not wish to renew a service, please submit a cancellation request through the Client Area at least 10 days prior to your service’s renewal date in order to avoid being charged for its renewal.
You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at Foxpress’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.
By making any purchase by credit card or by adding a valid credit card to your account, you authorize Foxpress to automatically charge this credit card for any due invoices on your account, until otherwise requested. You may manage and remove any credit card information on file from your Client Area at any time.
Foxpress accepts payments by Visa, Mastercard, Paypal. Foxpress also accepts non-automated payments by check, Email Interac transfer (EMT), and wire/bank transfer. All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date.
Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$50.00, plus taxes.
All non-automated payments (checks, wire transfers, money orders, Interac or Western Union) must me made for a minimum total amount of C$50.00, excluding taxes. Any amount paid exceeding the invoiced amount will be added to your account in the form of account credit to be used for future payments. Non-automated payments of less than C$50.00 are subject to a C$20.00 administrative fee, plus applicable taxes.
Occasionally, special promotions may be offered on new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle and services renew at their regular rates, as shown on your invoice, and cannot be applied to renewals.
18. Refund Policy
You can request a refund within the context of Foxpress’s money-back guarantee by sending a written request through the Foxpress Client Area.
Refunds are only available during your service’s eligible refund period.
Refunds can only be issued using the same payment method for payments made by credit card or Paypal. Payments made by check, money order, wire transfer, Western Union, Money Gram, or Interac Email Payments can only be refunded as credit on your Foxpress account.
Pre-paid funds cannot be refunded after the initial money-back guarantee period. Refunds will be issued in a maximum of 30 days following the reception of the complete refund request.
The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated servers (including associated control panel and Operating System licensing fees) and Webmaster Help. Setup and installation fees are non-refundable.
In the event that a domain name or other service that is non-refundable was offered at a discounted rate with the purchase of a hosting product, the original full value of said service will be withheld from any refunded amount.
Foxpress will not issue refunds for the same type of product more than once per account.
Billing errors can be credited for a maximum retroactive period of 2 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact Foxpress as quickly as possible to correct the error.
19. Chargebacks and Reversals
In the event you issue a chargeback or reversal of charges you will be responsible for a $50.00 billing service fee. Bounced checks returned by Foxpress’s banking institution due to insufficient funds will incur a penalty of $50.00.
20. Disclaimer and Limitation of Liability
20.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, FOXPRESS DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY FOXPRESS, EITHER DIRECTLY OR THROUGH A RESELLER, AND ANY FOXPRESS.IO WEBSITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE ANY FOXPRESS.IO WEBSITE, THE USER EXPRESSLY AGREES THAT FOXPRESS MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY FOXPRESS, EITHER DIRECTLY OR THROUGH A RESELLER AND ANY FOXPRESS.IO WEBSITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF ANY FOXPRESS.IO WEBSITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF ANY FOXPRESS.IO WEBSITE, FOXPRESS INCLUDES LINKS TO OTHER WEBSITES FOR WHICH FOXPRESS HAS NO CONTROL. FOXPRESS DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEBSITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST FOXPRESS IN CONNECTION WITH SUCH WEBSITES; AND (iii), FOXPRESS MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FOXPRESS DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
20.2. FOXPRESS WILL IN NO EVENT BE LIABLE REGARDING ANY FOXPRESS.IO WEBSITE OR ANY OTHER RELATED WEBSITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF FOXPRESS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 20.3. ALTHOUGH FOXPRESS ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT FOXPRESS NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
21. Entire Agreement
This Agreement, related policies found at https://design.foxpress.io/legal and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, FOXPRESS MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.
22. Force Majeure
Foxpress will make every effort to keep its website and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Foxpress liable for any of the consequences of such interruptions.
23. Trademarks and Copyrights
The names Foxpress.io, Foxpress Hosting, Foxpress Design, and Foxpress, as well as the logos associated with these names are trademarks owned by Foxpress Design. Any use of these trademarks is strictly prohibited without the prior written consent of Foxpress. In addition, all names and trademarks belonging to third parties and appearing on any foxpress.io website are the property of their respective owners and may be used only with the consent of their respective owners. Any foxpress.io website, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2010, Foxpress ALL RIGHTS RESERVED. You can view and download the information contained on Foxpress.io for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Foxpress’s prior written consent is prohibited.
24. Questions and Concerns
If you would like more information about Foxpress’s Terms and Conditions, please contact Foxpress via our helpdesk. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.
Complaints or policy violations must be reported to [email protected] or by mail at Foxpress.io Design, 517 Sherbrooke St, Peterborough, Ontario, Canada K9J 2P2.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
27. Applicable Law and Jurisdiction
This Agreement and its interpretation are subject to the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Peterborough County, Province of Ontario, including disputes regarding the Agreement’s interpretation and its effects.