Terms of Service

Last Updated: May 24, 2018

Last Updated: May 24, 2018

1. General

Use of the hosting services at Speedyrails.com is governed by these Terms of Service. The use of our services and sites constitute an unconditional acceptance of the following terms and conditions provided you are of legal age to form a binding contract and you are not barred from receiving services under the laws of Canada, the United States, or any other applicable jurisdictions.

You are required to provide current and accurate information as part of the registration process.

Speedyrails reserves the right to modify the Terms of Service at any time without notice. Your continued use of Speedyrails' services after the date on which the Terms of Service have changed constitute your acceptance of the updated Terms of Service.

In case of any discrepancy between these Terms of Service and any other agreement, these Terms of Service shall always take priority.

2. Restrictions of Use

You agree that any of the following activities are prohibited. Incurring in such activities will result in immediate account suspension or termination without refund and the possibility that Speedyrails will impose fees and/or pursue civil remedies without providing advance notice.

  • Misuse of system resources including but not limited to employing programs that consume excessive CPU time, network capacity, disk IO, or storage space.
  • Malicious attacks including but not limited to introducing malicious programs (such as viruses, worms, and other programs intended to inflict harm) to Speedyrails servers or network.
  • Activities considered illegal in Canada, the United States, or any other applicable jurisdictions.
  • Unsolicited communications including but not limited to bulk messages utilizing our network (e.g. spam) or from any other network that points to a Speedyrails server.

3. Billing, Cancellation, and Refunds

Our services are billed by Speedyrails Inc., a Canadian corporation, or one of its subsidiaries. All fees are in United States Dollars (USD) or in Canadian Dollars (CAD).

You agree to pay in advance for all services provided by Speedyrails. A prorated balance of your monthly billing fees are charged the day you place your order. Recurring monthly fees are billed the 1st of every month and are due immediately. Overages are charged in arrears.

Speedyrails may suspend your services if payment is not received within 15 days. If payment is still not received at the end of the month, your services will be canceled and extra fees might be charged to restore your services. Services are deleted 30 days after being canceled if payment, including applicable fees, has not been received.

All charges are non-refundable unless expressly stated otherwise.

You may cancel any service provided by Speedyrails at any time. You are responsible for backing up your data before canceling your services. Cancellation of the service by you will not alter your obligations to pay all charges due to Speedyrails at the time of cancellation. Any remaining balance for cancelled services will be credited to your account. This credit can only be used for other Speedyrails services and will not be refunded.

We use Moneris and Stripe for payment, analytics, and other business services. Moneris and Stripe collect identifying information about the devices that connect to their services. Moneris and Stripe use this information to operate and improve the services provided to us, including fraud detection. You can learn more about Moneris and read its privacy policy at https://www.moneris.com/en/Privacy-Policy. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Speedyrails offers a 30 day money back guarantee for new customers. This guarantee does not apply to accounts that violate our Terms of Service.

4. Uptime Guarantee and SLA

Speedyrails guarantees that your servers will be accessible from the Internet 99.9% of the time during any 12-month period. This guarantee includes only network and server uptime. The uptime levels exclude scheduled maintenance (which we try to minimize and keep off peak hours) and external causes such as Acts of God, wars, acts of third parties, or any other natural events beyond Speedyrails' reasonable control.

If unscheduled downtime in a given month is greater than 0.1% you shall be entitled to a Service Credit equivalent to 3% of your monthly fees for every additional 0.1% of downtime. The maximum cumulative credit for any and all applicable Service Credits in a month is 100% of your total recurring fee for that month for the affected services. To request a service credit due to an uptime concern, please open a ticket in our support site.

Additional Service Level Agreements can be discussed—please contact us if you are interested.

5. Technical Support

Support requests must be sent using Speedyrails Help Desk system or by sending an email to support@speedyrails.com from an email address associated with your account. You can only send a support request if you have an active hosting account at Speedyrails. The Speedyrails team will do their best to respond to your request according to its priority level. Most of the time, Speedyrails will respond to your requests within two hours regardless of its priority. All tickets will be responded to within 24 hours.

6. Backups

Speedyrails performs daily backups of every website on shared hosting accounts, including our VCS repository, the current release of our platform, and database.

Backups are offered for Managed Servers and Managed VPS as an add-on service.

We strongly encourage customers to make their own offsite backups of any critical data.

7. Disclaimer of Warrenties

You agree that your use of Speedyrails services shall be at your sole risk. Services are provided on an as-is, as available basis. There is no warranty—express or implied.

No information or assistance, whether written or oral, provided by Speedyrails or any third party to you shall create any warranty.

8. Limitation of Liability and Damages

Speedyrails shall not be responsible for any damages arising from your use of Speedyrails services or by your inability to use Speedyrails services. You expressly understand and agree that Speedyrails shall not be liable to you for any special, incidental, indirect, consequential, or exemplary damages including but not limited to damages for loss of profits, data, or other intangible losses.

The aggregate cumulative amount of any liability of Speedyrails under any duty or obligation connected with this Agreement in any way, whether based on warranty, contract, strict liability, or otherwise shall not exceed the purchase price for the service.

9. Governing Law

Where Services are rendered by Speedyrails in Canada, this agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and all disputes arising out of or related to this agreement will be brought exclusively to the courts located in the Province of Ontario; provided, however, that neither party will be prevented from enforcing any related judgment against the other party in any other jurisdiction. Where Services are rendered by Speedyrails in Canada, you will be invoiced by Speedyrails Inc.1

Where Services are rendered by Speedyrails in the United States of America, this agreement will be governed by, and construed in accordance with, the laws of the state of Delaware, and all disputes arising out of or related to this agreement will be brought exclusively to the courts located in the State of Delaware; provided, however, that neither party will be prevented from enforcing any related judgment against the other party in any other jurisdiction. Where Services are rendered by Speedyrails in the United States of America, you will be invoiced by Speedyrails (USA) Inc.2

Where Services are rendered by Speedyrails in the United Kingdom, this agreement will be governed by, and construed in accordance with, the laws of England and Wales, and all disputes arising out of or related to this agreement will be brought exclusively to the courts located in England; provided, however, that neither party will be prevented from enforcing any related judgment against the other party in any other jurisdiction. Where Services are rendered by Speedyrails in the United Kingdom, you will be invoiced by Speedyrails (UK) Ltd.3

1. Canadian Contact Address:
Speedyrails Inc.
449 Sussex Drive
Unit 201
Ottawa, Ontario K1N 6Z4
Canada

2. United States Contact Address:
Speedyrails (USA) Inc.
16192 Coastal Highway
Lewes, Delaware 19958
USA

3. United Kingdom Contact Address:
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
United Kingdom