Terms and Conditions

If you sign up for any of our web hosting packages and within 30 days you are not completely satisfied, we will refund 100% of the Hosting fees paid. (excluding setup charges if applicable)

Legacy Designs provides web hosting to a large number of clients, and we have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

Content:
All services provided by Legacy Designs may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian and United States Federal, Provincial/State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. Legacy Designs is not responsible for any claims resulting from the use of our service. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Usage Policy
Resellers cannot offer hosting services for the purpose of:

  • Pornographic or illicit material of any type (adult sites)
  • Escort Services
  • Illegal products or Services (firearms, drugs, alcohol, tobacco)
  • Organizations involved in pyramid selling
  • Email Spamming
  • Unlawful activities including hate crimes
  • Is considered offensive by the web community in general.
  • Promotes injury or physical harm against any group or individual.
  • Promotes or teaches illegal activities.
  • Exploits or depicts children in a negative or sexual way.
  • Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
  • Violates any law, statute, ordinance or regulation governing the Customer’s business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.

Pornography and sex-related merchandising are prohibited on any Legacy Designs server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Legacy Designs servers or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to pirated software, hacker programs/archives, and Warez sites. Legacy Designs will be the sole arbiter as to what constitutes a violation of these provisions.

Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the server for others.

Background running programs:
Legacy Designs allows programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

IRC:
We currently DO NOT allow IRC or IRC bots to be operated on our servers.

Commercial Advertising – Email:
Spamming, or the sending of unsolicited email, from a Legacy Designs server or using an email address that is maintained by Legacy Designs is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Legacy Designs will be the sole arbiter as to what constitutes a violation of this provision.

Server abuse:
Any attempts to undermine or cause harm to any Legacy Designs server or customer of Legacy Designs is strictly prohibited.

Downtime:
We cannot be held liable for system downtime or crashes. Also, we cannot be held liable for any estimated “profits” a site “predicts” they would have gained if their site was functioning. Legacy Designs holds no responsibility for the use of our clients’ accounts.  

Legacy Designs provides daily backups for 3 days.  Clients are solely responsible for making their own backups.  Clients are also responsible for ensuring their email client is up to date securing their connection to download email.  As part of Cpanel, webmail programs are provided to access email from a web browser.  Legacy Designs does not provide support for any third party application such as email clients or setting up mobile devices.  

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Legacy Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Legacy Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Legacy Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Legacy Designs server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Hosting resellers are responsible for the actions of their clients. (4) Cancellation of service by client must be made 30 days prior to the end of a term, by email or written letter faxed or mailed to our office. No refund will be issued if service is cancelled during a term.

Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion which includes non-payment, deliquent accounts, and abusive clients.

Disclaimer:
Legacy Designs will not be responsible for any damages your business may suffer. Legacy Designs makes no warranties of any kind, expressed or implied for services we provide. Legacy Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Legacy Designs and its employees. Legacy Designs reserves the right to change or update policies without notice. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason Legacy Designs sees fit. By signing up for our web hosting services, you agree to the above statements.

Entire Understanding:
The agreement contained in the Contract constitutes the sole agreement between Legacy Designs and the client regarding its web hosting services. Legacy Designs will be the sole arbiter as to what constitutes a violation of the terms of this agreement. Violation of the terms in this agreement will result in the immediate deactivation of your hosting and/or email services with no refund. This agreement becomes effective only when payment is received from the client or client representative. It shall be governed and construed in accordance with all Provincial, Federal and International laws.

Refund Policy

  • Cancellation of Hosting Services by client requires 30 days’ notice prior to the cancellation date and any outstanding invoices must be paid.  No exceptions.
  • The following products and services are non-refundable:
    • domain name registrations and renewals.
    • any setup and installation fees
    • plugins or third party services purchased on the clients behalf
  • You may terminate or cancel the Services by giving Legacy Designs written notice via email. In such event: (1) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (2) Legacy Designs may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (no partial monthly fees shall be refunded), plus applicable taxes.