Terms of Service

Evolve Studios Terms of Service Agreement
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Terms of Service

This Policy represents the Evolve Studios, a Division of Dinesen Enterprises Inc. Terms of Service.  This policy supersedes any oral representation.  This policy will also be inclusive of other policies within the services offered through Evolve Studios, a Division of Dinesen Enterprises Inc. which also applies to the use of the Evolve Studios.ca Hosting Service and any related products and services (collectively known as the “Service, Services, Hosting Services & Provider”).
All Clients, Subscribers, Resellers, Individuals, & Entities are bound by this TOS Policy and consent to the Terms of Service Policy upon any use of the services provided.  If you do not comply and do not except the terms you must opt out and cancel hosting services.
Any judgment regarding a violation of these terms Evolve Studios will refer collectively to a Division of Dinesen Enterprises Inc. and its affiliates, directors, employees, agents and contractors.

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Age

The Client certifies that he, she or they are at least 18 years of age. Any client wishing to us this service under the age of 18 must get consent from a parent and or guardian of legal age to partake in this agreement. The co-signed authority will also co-register or be the main register of the principle account and take full responsibility for all accounts taken during use of this service.
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Disclaimer

Evolve Studios, a Division of Dinesen Enterprises Inc. will exercise no control whatsoever over the content of the information passing through the network. Evolve Studios, a Division of Dinesen Enterprises Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Evolve Studios, a Division of Dinesen Enterprises Inc. also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the customer. Use of any information obtained by way of Evolve Studios, a Division of Dinesen Enterprises Inc. is at the customer’s own risk, and Evolve Studios, a Division of Dinesen Enterprises Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Evolve Studios, a Division of Dinesen Enterprises Inc. expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Evolve Studios, a Division of Dinesen Enterprises Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

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Limited Liability

The customer expressly agrees that use of Evolve Studios, a Division of Dinesen Enterprises Inc. Server is at the customer’s sole risk. Neither Evolve Studios, a Division of Dinesen Enterprises Inc. , nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Evolve Studios, a Division of Dinesen Enterprises Inc. server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Evolve Studios, a Division of Dinesen Enterprises Inc. server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Evolve Studios, a Division of Dinesen Enterprises Inc., its officers, agents or anyone else involved in creating, producing or distributing Evolve Studios, a Division of Dinesen Enterprises Inc. server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Evolve Studios, a Division of Dinesen Enterprises Inc. server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Evolve Studios, a Division of Dinesen Enterprises Inc. records, programs or services. The customer hereby acknowledges that this paragraph shall apply to all content on Evolve Studios, a Division of Dinesen Enterprises Inc. server service.

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Indemnification

The customer agrees that it shall defend, indemnify, save and hold Evolve Studios, a Division of Dinesen Enterprises Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Evolve Studios, a Division of Dinesen Enterprises Inc., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Evolve Studios, a Division of Dinesen Enterprises Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Evolve Studios, a Division of Dinesen Enterprises Inc. server; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the customer sold on the Evolve Studios, a Division of Dinesen Enterprises Inc. server.

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Lawful purpose

The customer may only use Evolve Studios, a Division of Dinesen Enterprises Inc. server for lawful purpose. Transmission of any material in violation of any Canadian Provincial, or Territory law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, in violation of this contract of services, used to prorogate spam, software of a malicious intent or material protected by trade secrets. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Evolve Studios, a Division of Dinesen Enterprises Inc. administration.

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Hosting Products & Services

1.0 Domain Name Registration Services
We do offer domain name registrations.  The cost associated with the domain is dependent on the current listed prices and is purchased along with your hosting packages at a separate cost. We will also assist in the transfer of an existing domain providing the domain is accessible for transfer. The cost of transfer will also be dependent the current listed prices. You acknowledge and agree to these charges and understand the cost of domain registration is a reoccurring cost and is subject to your length and duration of your initial registration with our services.  You agree that Evolve Studios shall not be liable for any direct, indirect, incidental, punitive or other consequential damages (including, but not limited to, lost profits or damage) related to domain name registrations, domain name transfers, late domain name renewals, failure to renew domain names, lost domain names or stolen domain names, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if Evolve studios has been advised of the possibility of such damages. Domain management is your responsibility we do not own the domain.  You are responsible to keep your domain in good standing in accordance with the Domain Registrant Authority guide lines.

2.0 Hosting Service Packages
We offer several different hosting service packages, as described on the Evolve Studios website. While these packages use similar software, they do vary in terms of the configuration. For example: number of domains, disk space, bandwidth, allowed number of email accounts, and other resources.

3.0 Server Side Software
We will normally run the latest production versions of software on the hosting service; however there are times when the hosting service may continue to use older versions of software after newer ones have been released. We may update the versions of software without any notice.

4.0 Server Resource Usage & Abuse Policy
Evolve Studios offers a shared hosting service. In this environment subscribers may share resources with other clients.  Evolve Studios will monitor account usages and resources of all the accounts on our hosting services. We have implemented disk space limits which are described in each hosting service package. There are administrative tools which are provided as part of the server side software to help you monitor and manage your account usage resources. Any excessive resource infringement may result in an account suspension followed by investigation.  If additional account usage resources are required you may upgrade to a high hosting service package.  If additional account usage resources are still required outside of the allotted hosting service packages, then additional account usage resources can be added at a nominal fee.
Note:  Account overusage will be billed in addition to your current billing cycle.
Therefore it is imperative that you also monitor and manage your resources effectively. Should it be determined that a subscriber is utilizing too many resources there account may be relocated or an option may be presented to migrate to a secure environment to accommodate the subscriber requirements without disrupting the shared environment of other users.
We also reserve the right to make changes to existing resource limitations on all our hosting service packages.

5.0 Server Uptime Guarantee
We provide a 99.5% network uptime guarantee for all of our hosting services excluding server or network maintenance. If we do not meet the 99.9% network uptime guarantee within any service month, we will provide a prorated credit to the requesting customer off your monthly service fees.

6.0 Private IP Addresses
We do offer the ability to purchase and offer our clients designated IP addresses. Any and all IP addresses assigned to customers by Evolve Studios remain permanent and sole property of Evolve Studios. We reserve the right to make changes or remove any and all IP addresses from our address pool. Subscribers do not have claim to the IPs that they used while with Evolve Studios.  The IP addresses will be reallocated by Evolve Studios and may be re-issued to other customers for future use.

7.0 Client Administrative Responsibilities
We offer our clients as much resource material to self-manage their accounts as possible. While using our services we encourage you to review all service manuals, walk-throughs, and view all videos. You are given access to administer your account services and resources while using our services. Access to the available server side software also comes with resources on how to manage and operate related administrative options.  Please read all related material before operation of administrative options before use.

8.0 Client Security
Please remember that it is your responsibility to secure your data and access to your hosting services package.  Any information you perceive to be incorrect or in violation of your hosting agreement are to be reported immediately.  You are responsible for any software or scripts you upload to your hosting account or server. These scripts must be secure and not allow unwarranted access to your site or hosting services.  All files and data uploaded to your hosting services must be clear of malicious content and be free of vulnerabilities.  If your account is suspected of being compromised your access and account could become suspended with or without notice pending an investigation and removal of offending data.  Should it be determined you are at fault and deliberately uploaded offensive material, your account could be terminated and legal charges placed

9.0 Client Account Backups
The responsibility of your data is up to you.  Please make offsite backups and copies of any data stored on your hosting services. While we do make backups we do not guarantee that we have backups available or current to your personal or business preferences. We provide backup software via server side software to allow you to maintain backups of your software and data that your store on your hosting accounts. The cpanel backup tool within the cpanel control panel is very useful in making complete backups that can later be downloaded for disaster recovery services.
*Note: cpanel accounts larger than 4GB may not be able to use the cpanel backup utility.
Evolve Studios does not guarantee or warranty the quality of the cpanel backup or the application as it is developed by a third party.  Nor does Evolve Studios warrant any other backup application used for the backup of any hosting services account.
Evolve Studios makes not warranties of the content or data backups available to clients.  We resolve to ensure we take all best practices to maintain records and date in a secure state.  However data errors do occur and archives do always restore.  Therefore Evolve Studios makes no makes no warranties that the backups we have available will be suitable for restore or the data contained within the backups.

10.0 Client Support Requests
We provide a number of client support options to our clients. Client support is dependent upon request and client support times may vary based on support related requests.  Our support options include Ticket Based Support System, Email Based Support System, and Phone Based Support System. Evolve Studios reserves the right to determine which support process would be appropriate to handle your request.  You agree that in the event of a support related investigation support may be limited if inaccurate or insufficient information is provided in order to process your request in a timely manner. Support requests may also incur a support invoice if the request falls outside of the subscribers TOS or Client Services Agreement.  Support requests may be completed by end user via cancellation request, system operators, any other third party vendor or and any other reason exclusively determined by completed by Evolve Studios.

11.0 Client Abuse Policy
You acknowledge your domineer and agree to treat staff with respect.  Our service support staff will not tolerate abusive language slander or intrusive comments.
You acknowledge and agree that Evolve Studios has the right to refuse or turn down repeated service requests that fall outside of the TOS or Client Services Agreement. Further you also agree that threatening or demeaning commentary may be cause for suspension and or termination of services.
Evolve Studios staff have the right to refuse all work that is not related to the hosting or operations of hosting service based on the TOS and Client Service Agreement.
If an abuse is reported, observed, and or recorded.  The event will be investigated thoroughly and Evolve Studios will determine the end result.

12.0 Force Majeure
Evolve Studios shall not be liable for any cause due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

13.0 No Spam
The use of our hosting services to “Spam” or solicit unwarranted email originating our server is in direct violation to network resources and will be dealt with swiftly.  The account will be immediately suspended without notice and an investigation will occur. We also may place a fine upon the offending subscriber and or terminate the account without notice.  Legal proceedings may also ensue.

14.0 Payment & Renewal
Full payment is required in order to process your activation of hosting services and account.  Evolve Studios will then send out invoices that are due according to billing cycle selected by the subscriber. You are given fifteen (15) days to fully pay the invoice.

You acknowledge and agree to provide accurate information during the registration process and warrant that the information you supply during the registration process is accurate and truthful. Following registration all payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Dinesen Enterprises Inc. prior to the renewal date the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.

15.0 Late Fees
If an account goes into suspension the client dose have a grace period of 15 days before the account and data will be terminated. Clients have the option to re-instate their accounts by paying the overdue invoice at which time there will be a nominal activation fee of $35.00.

16.0 Cancellations
Evolve Studios remains committed to customer service and positive client experiences; however should you become dissatisfied with our services within the first 30 days of your initial account activation, Evolve Studios will refund your hosting subscriptions less a 5% processing fee. Evolve Studios cannot refund Domains. The domains are your property and when the domain registration authority authorizes transfer after registration you are free to move the domain to a new registrar.

* Note: Addition refunds are not available for additional services which you may purchase at Evolve Studios for instance an additional IPs and or SSL Certificates or other related add-on services. Such as web design, graphic services, multimedia development, and or customized works.

* Note: Clients are expected to complete a full backup and download all files and data including emails prior to cancellation. We will not retain or be held responsible for any data after the issue of cancellation. The account will be terminated including all data and files associated with the account.

17.0 30-Day Money Back Guarantee

Evolve Studios offers a 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service. We will refund all hosting charges made to their credit card minus a 5% processing fee. Again Evolve Studios can and will not refund domain costs they are non-refundable. Evolve Studios 30-day money back guarantee does not apply to accounts with non-use, misuse, and/or abuse the terms of this agreement. For further information please contact billing@evolvestudios.ca
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Termination

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. Evolve Studios a Division of Dinesen Enterprises Inc. will not accept terminations over the telephone. Notwithstanding the above, Evolve Studios, a Division of Dinesen Enterprises Inc. may terminate service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement, including non-payment.
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Reselling

Customers of Evolve Studios, a Division of Dinesen Enterprises Inc. Professional Hosting & Business Hosting Packages are allowed to resell the storage and services related to the Hosting Package provided by Evolve Studios, a Division of Dinesen Enterprises Inc.. The Customer will follow all terms related to this contract and following provisions will be assumed by the clients of the Reseller. The Client agrees to handle, and is responsible for, all third-party customers content, support, set-up and maintenance. At no point may the reseller or clients of the reseller assume or make transfer of all services within or merge of services transfer of ownership and or any account information relating to Evolve Studios, a Division of Dinesen Enterprises Inc. without direct written consent of Evolve Studios, a Division of Dinesen Enterprises Inc..
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Contract Revisions

Revisions to this contract will be applicable to previous contracts. Revisions will be considered agreed to by the customer upon renewal of services with Evolve Studios, a Division of Dinesen Enterprises Inc..