Terms of Service

1. Introduction & Acceptance

These Terms of Service (the “Terms”) are a legal agreement between you (“you”, “your” or the “Customer”) and BlueShift Hosting Inc., a corporation incorporated in Canada and trading as “BlueShift Hosting” (“BlueShift”, “we”, “us” or “our”). Our registered address is 1234 Example Street, Suite 100, Toronto, ON M5V 0A1, Canada.

By creating an account, purchasing a subscription, or otherwise accessing or using any of our Services, you agree to be bound by these Terms and by the policies referenced within them, including our Acceptable Use Policy, Service Level Agreement, Refund & Cancellation Policy and Privacy Policy, each of which is incorporated into these Terms by reference. Together these documents form the entire agreement between you and BlueShift relating to the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” and “Customer” refer to that entity.

2. Definitions

In these Terms, the following capitalised terms have the meanings set out below:

• Account means the registered account you create with BlueShift to purchase, configure and manage the Services.
• Customer means the individual or entity that registers for an Account or uses the Services.
• Services means the web hosting, cloud VPS, dedicated server and related hosting services that BlueShift makes available, as described on our website.
• Customer Content means any data, websites, applications, files, code or other material that you or your end users upload, store, transmit or process using the Services.
• Order means a purchase of a specific Service or plan placed by you through our website or checkout.
• Website means hosting.myportal.cx and its sub-pages.

3. Eligibility & Account Registration

To use the Services, you must be at least 18 years of age (or the age of majority in your province, state or country of residence, if higher) and capable of forming a binding contract. By registering, you confirm that you meet these requirements.

When you create an Account, you agree to provide accurate, current and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify us promptly at support@myportal.cx of any unauthorised use of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4. Services Provided

BlueShift provides cloud and hosting infrastructure, including shared web hosting, cloud VPS (virtual private servers) and dedicated servers. The specific features, resource allocations, technical specifications and pricing for each plan are described on the relevant pages of our Website, including web hosting, VPS and dedicated servers. The descriptions on those pages, together with these Terms, govern the Services you purchase.

We may modify, enhance or discontinue features of the Services from time to time. Where a change would materially reduce the core functionality of a Service you have purchased, we will use reasonable efforts to give you advance notice.

5. Fees, Billing & Taxes

All prices are quoted and charged in Canadian dollars (CAD). The fees for each plan are those displayed on our Website at the time you place your Order.

5.1 Recurring subscription billing

The Services are sold on a recurring subscription basis (for example, monthly or annual billing cycles, as selected at checkout). Payments are processed by our third-party payment processor, Stripe, which accepts major payment cards including Visa, Mastercard and American Express. By providing a payment method, you authorise us and Stripe to charge that method for the applicable subscription fees.

5.2 Auto-renewal

Unless you cancel before the end of the current billing cycle, your subscription will automatically renew for a further period of the same length, and your payment method will be charged at the then-current rate. You may cancel auto-renewal at any time through your Account or by contacting us; see Section 7.

5.3 Taxes

Prices shown are exclusive of taxes unless stated otherwise. Applicable Canadian taxes, including GST/HST, are calculated and added at checkout based on your billing location. You are responsible for any taxes, duties or levies imposed on your purchase, other than taxes based on our net income.

5.4 Late or failed payment

If a payment fails or is not received when due, we may attempt to re-charge your payment method and may suspend or restrict the affected Services until payment is made. Continued non-payment may result in termination of the Services and deletion of associated data, as described in Section 11.

6. Service Activation, Fulfilment & Delivery

The Services are delivered electronically; there is no physical product and no physical shipment. Once your Order is placed and payment is successfully authorised, provisioning typically proceeds as follows:

• Web hosting — provisioned promptly, often immediately after checkout, so you can begin using your account right away.
• Cloud VPS — provisioned automatically and typically deployed within approximately 60 seconds of a successful Order.
• Dedicated servers — provisioned following standard verification and hardware preparation, typically within 2 to 24 hours.

These provisioning times are typical estimates and may occasionally vary due to verification, fraud-prevention checks, payment confirmation or operational factors. We will deliver access credentials and management details to the email address and Account associated with your Order.

7. Refunds & Cancellations

Eligible web hosting plans are covered by a 30-day money-back guarantee: if you are not satisfied within the first 30 days of your initial web hosting purchase, you may request a refund of the hosting fees as set out in our policy. You may cancel at any time to stop future renewals; cancellation prevents further billing but, except where the money-back guarantee or applicable law requires otherwise, does not entitle you to a refund of fees already paid for the current term. Certain charges, such as those for dedicated servers and add-ons, may be non-refundable.

Full details, eligibility conditions and exclusions are set out in our Refund & Cancellation Policy, which forms part of these Terms. Nothing in this section limits any non-excludable rights you may have under applicable consumer-protection law.

8. Acceptable Use

Your use of the Services must comply with our Acceptable Use Policy (the “AUP”), which is incorporated into these Terms. The AUP prohibits, among other things, unlawful activity, distribution of malware, spam, network abuse, infringement of intellectual-property rights and any activity that compromises the security, integrity or performance of our network or other customers.

Violations of the AUP may result in immediate suspension or termination of the affected Services, without refund, and we may report unlawful activity to the appropriate authorities. Suspected abuse may be reported to abuse@myportal.cx.

9. Customer Responsibilities

You are solely responsible for your Account, your Customer Content and your use of the Services. In particular, you agree to:

• use the Services only for lawful purposes and in compliance with all applicable laws, regulations and these Terms;
• ensure that all Customer Content you store, transmit or process does not infringe the rights of any third party or violate any law;
• maintain appropriate backups of your data and configurations — while we may provide backup features, you remain responsible for retaining your own copies of critical data;
• hold and comply with all licences required for any software you install or operate on the Services, and not use unlicensed or pirated software;
• secure your applications, credentials and access, and promptly apply security updates within your control; and
• be responsible for the acts and omissions of your end users and anyone who accesses the Services through your Account.

10. Service Levels

We are committed to a 99.9% uptime target for eligible Services, as described in our Service Level Agreement (the “SLA”). Where we fall short of the committed availability, you may be entitled to service credits calculated in accordance with, and subject to the conditions and exclusions set out in, the SLA. Service credits are your sole and exclusive remedy for any failure to meet the availability commitments, except where applicable law provides otherwise.

11. Suspension & Termination

11.1 By BlueShift

We may suspend or terminate your access to all or part of the Services, with or without notice where appropriate, if: (a) you breach these Terms or any incorporated policy, including the AUP; (b) you fail to pay fees when due; (c) your use poses a security, legal or operational risk to our network or other customers; or (d) we are required to do so by law. Where practicable and where the circumstances allow, we will give you notice and an opportunity to remedy a breach.

11.2 By the Customer

You may cancel your subscription and terminate these Terms at any time through your Account or by contacting us, which will stop future renewals as described in Section 7.

11.3 Effect of termination

On termination, your right to use the affected Services ends. We may delete Customer Content associated with the terminated Services after a reasonable period. You are responsible for exporting or retrieving your data before termination takes effect. Provisions of these Terms that by their nature should survive termination — including those relating to fees owed, intellectual property, disclaimers, limitation of liability and indemnification — will survive.

12. Intellectual Property

The Services, our Website, and all software, technology, text, graphics, logos and other materials we provide (excluding Customer Content) are owned by BlueShift or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms for the duration of your subscription. You may not copy, modify, resell, reverse engineer or create derivative works from our proprietary materials except as expressly permitted.

You retain all ownership of your Customer Content. You grant us a limited licence to host, store, transmit, copy and display Customer Content solely to the extent necessary to provide, maintain and support the Services.

13. Disclaimers & Limitation of Liability

Except as expressly stated in these Terms or in our SLA, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.

To the fullest extent permitted by law, BlueShift will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total fees you paid to us for the affected Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including certain rights and remedies you may have under Canadian consumer-protection legislation. Where such laws apply, your statutory rights are not affected by the disclaimers and limitations in this section.

14. Indemnification

You agree to indemnify, defend and hold harmless BlueShift Hosting Inc., its directors, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your Customer Content; (c) your violation of these Terms or any incorporated policy; or (d) your violation of any law or the rights of any third party. This obligation does not apply to the extent a claim arises from our own gross negligence or wilful misconduct.

15. Privacy

Our collection and use of personal information is described in our Privacy Policy. We handle personal information in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws, and we maintain practices that are aware of the EU/UK GDPR for customers in those regions. By using the Services, you acknowledge that you have read our Privacy Policy. Privacy enquiries may be directed to privacy@myportal.cx.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, our business or legal and regulatory requirements. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you by email or through your Account. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the Services and may cancel as described in Section 7.

17. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

You and BlueShift agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada to resolve any dispute arising out of these Terms or the Services, subject to any non-excludable right you may have to bring proceedings in your local jurisdiction under applicable consumer-protection law. Before resorting to formal proceedings, we encourage you to contact us so we can try to resolve the matter informally.

18. Contact Us

If you have any questions about these Terms or the Services, please reach out — we are happy to help. You can also contact our team through our website.

• Legal entity: BlueShift Hosting Inc. (a corporation incorporated in Canada)
• Registered address: 1234 Example Street, Suite 100, Toronto, ON M5V 0A1, Canada
• Support email: support@myportal.cx
• Phone: +1 (647) 555-0142
• Support hours: 24/7/365 technical support; billing & sales Monday–Friday, 9am–6pm ET