Last Updated: December 4, 2025
These legal documents govern your use of the services provided by eXtremesurf inc. ("eXtremesurf", "we", "us", "our"), a Canadian federal corporation. By accessing or using our services, you ("Customer", "you", "your") agree to be bound by these Terms of Service, our Acceptable Use Policy, our Privacy Policy, our Domain Name Registration Agreement, our Web Accessibility Statement, and our Cookie Policy.
1. Eligibility and Account
You must be at least eighteen (18) years of age to use our services. You are responsible for providing accurate, complete, and current information when registering for an account. You are solely responsible for all activity that occurs under your account, including maintaining the confidentiality of your password and login credentials.
2. Service Descriptions and Scope
2.1. Web Hosting (Self-Managed)
Our self-managed web hosting services provide you with an isolated environment, server resources, and a control panel to manage your website(s). You are solely responsible for the installation, configuration, security, and maintenance of your website, applications, scripts, and data.
2.2. Managed WordPress & eCommerce Hosting
For our Managed Hosting plans, we will perform updates to the WordPress core, themes, and plugins on a best-effort basis. We will also implement additional security hardening.
2.3. Managed Cloud VPS & Dedicated Servers
We provide managed server solutions where we are responsible for the initial setup, installation, ongoing software updates, security, and maintenance of the server operating system. We reserve the right to perform reboots, apply security patches, or conduct emergency maintenance at any time, with or without notice, to protect the integrity and security of our network and servers. While we may grant you SSH access upon request, we remain the primary administrator of the server.
2.4. Third-Party and Resold Services
We resell various third-party services, including but not limited to Google Workspace, OX App Suite (Open-Xchange), NordVPN, and premium SSL Certificates (GeoTrust, RapidSSL, Digicert). Your use of these services is subject to the terms, conditions, and privacy policies of the respective third-party provider. We are not responsible for the performance, availability, or support of any third-party service and act solely as a billing and provisioning agent.
2.5. Email Services
3. Billing, Payments, and Refunds
3.1. Payments
You agree to pay all fees for services in advance. We accept payments via credit card (processed through third-party processors like Stripe and PayPal), as well as cash (paid in person at our office), checks (cheques), money orders, and bank drafts. We also accept e-Transfers (instructions for which are provided on your invoice). We do not store, process, or retain your full credit card or financial account information on our servers; we only store a secure token provided by the payment processor to manage your subscription.
3.2. Refund Policy
We offer a thirty (30) day money-back guarantee for new web hosting service purchases only.
THERE ARE ABSOLUTELY NO REFUNDS FOR: Domain name registrations, renewals, or transfers; premium SSL certificates; NordVPN services; Google Workspace services; OX App Suite services; Managed Cloud VPS; Managed Dedicated Servers; software licenses; or any administrative or setup fees.
3.3. Non-Payment
Services may be suspended if payment is not received by the due date. Invoices are due thirty (30) days from their date of issuance. Any portion of an invoice that remains unpaid more than thirty (30) days from its due date will be considered past due and subject to a late interest charge. Interest will be charged on the unpaid balance at the rate of 2% per month, compounded monthly, for an effective annual rate of 26.8% per year. The minimum monthly charge for this late interest is $2.00 in the currency of the invoice (or 2% of the unpaid balance, whichever is greater). Services suspended for non-payment will be permanently terminated, and all data deleted, after a grace period of thirty (30) days, at our sole discretion. You agree that all past-due amounts are due and payable before you can cancel your account. If we must use a collections agency to recover past-due amounts, you are liable for all fees and collection costs.
4. Backups and Data Loss (CRITICAL)
YOU ARE 100% RESPONSIBLE FOR YOUR OWN DATA AND BACKUPS.
While we provide backup tools and maintain our own automated, courtesy disaster-recovery backups (e.g., automated backups every 12 hours for 90 days), these backups are provided "AS-IS" and "WITHOUT WARRANTY." We do not guarantee the existence, completeness, or viability of any backup.
eXtremesurf inc. is not liable for any lost, corrupted, or unrecoverable data, regardless of the cause. This includes data loss resulting from hardware failure, software failure, network outages, security breaches, or our own negligence.
5. Term, Termination, and Suspension
5.1. Termination by You
You may terminate your services at any time through our client billing area. No refunds will be provided for partial months or unused service periods, except as defined in our 30-day money-back guarantee.
5.2. Termination by Us
We reserve the right to suspend or terminate your services IMMEDIATELY and WITHOUT NOTICE for any of the following "for cause" reasons:
We also reserve the right to suspend or terminate your services for any other reason or for no reason at all, at our sole discretion, by providing you with thirty (30) days' written notice.
6. Limitation of Liability
IN NO EVENT SHALL EXTREMESURF INC., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE AFFECTED SERVICE(S) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold harmless eXtremesurf inc. and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in or near Listowel, Ontario, Canada.
9. Changes to Terms
We reserve the right to add, modify, or delete any provision of these Terms of Service at any time. We will provide notice of such changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of the services after such changes constitutes your acceptance of the new terms.
This Acceptable Use Policy defines the unacceptable conduct and prohibited uses of our services. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.
Prohibited Activities
You may not use our services to create, store, transmit, or link to any of the following:
1. Introduction
eXtremesurf inc. ("we", "us", "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our services.
We are a Canadian company governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). We also comply with the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA) and the California Consumer Privacy Act (CCPA) for residents of California.
For the purpose of GDPR, the data controller is eXtremesurf inc., located at 290 Inkerman St E, Listowel, Ontario, N4W 2M9, Canada. Our designated privacy contact can be reached by submitting a request through the online contact form on our Contact page, selecting the appropriate Legal / Privacy Compliance department.
2. Information We Collect
2.1. Personal Information You Provide
We collect information you provide directly to us when you sign up for an account, purchase services, or contact us for support. This may include:
2.2. Information from Single Sign-On (SSO)
If you choose to register or log in using a third-party service (Google, Facebook, Twitter/X), we may collect information from that service, such as your name, email address, and public profile information, as permitted by your privacy settings on that service.
2.3. Information We Collect Automatically
When you use our services, we may automatically collect technical and usage data, including:
3. How We Use Your Information
We use the information we collect to:
4. How We Share Your Information
We do not sell, rent, or trade your personal information. We may share your information in the following limited circumstances:
5. International Data Transfers
Your information, including personal data, may be stored and processed in any country where we have facilities or in which we engage service providers. Our datacenters are located globally, including in:
By using our services, you consent to the transfer of your information to countries outside of your country of residence, which may have different data protection rules than those in your country.
6. Data Security and Retention
We use reasonable technical and organizational measures (such as SSL encryption and isolated customer environments) to protect your personal information. However, no electronic transmission or storage is 100% secure, and we cannot guarantee its absolute security.
We retain your personal data for as long as your account is active and for a reasonable period thereafter to comply with our legal obligations, resolve disputes, and enforce our agreements.
7. Your Data Protection Rights
Depending on your location, you may have the following rights regarding your personal data:
8. Jurisdiction-Specific Notices
8.1. For Canadian Residents (PIPEDA)
You have the right to access your personal information and challenge its accuracy. You may also file a complaint with the Office of the Privacy Commissioner of Canada (OPC) if you are not satisfied with our response.
8.2. For Residents of the European Economic Area (GDPR)
Our legal basis for collecting and using your data is primarily "Performance of a Contract" (to provide you the services you paid for). We may also rely on "Legitimate Interests" (for security and service improvement) or "Consent" (for marketing). You have the right to lodge a complaint with a supervisory authority in your member state.
8.3. For California Residents (CCPA)
We do not "sell" your personal information as defined by the CCPA. You have the right to request: (1) the categories of personal information we have collected about you; (2) the sources from which it was collected; (3) the business purpose for collecting it; and (4) the categories of third parties with whom we share it. You also have the right to request the deletion of your personal information.
9. Children's Privacy
Our services are not directed to or intended for individuals under the age of 18. We do not knowingly collect personal information from children.
10. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new policy on this page and updating the "Last Updated" date.
11. Contact Us
If you have any questions about this Privacy Policy, please submit a query through the online contact form on our Contact page, selecting the Legal / Privacy Compliance department.
This section governs the registration, renewal, and transfer of domain names.
Our Accessibility Standard
We are committed to upholding the Web Content Accessibility Guidelines (WCAG) 2.1** Level AA** as our Accessibility Standard.
Our team continuously works to ensure that our website and other digital content substantially conform to these guidelines. We recognize that accessibility is an ongoing process, and we are dedicated to making continuous, good-faith improvements to achieve the highest level of usability for all individuals.
Our Efforts and Practices
Our accessibility efforts include, but are not limited to, the following practices:
Feedback and Contact
We believe in providing an inclusive and accessible online experience for all. If you encounter any accessibility barriers while using our services, or have any feedback or suggestions, please contact us by submitting a query through the online contact form on our Contact page.
1. Introduction
This Cookie Policy explains what cookies are, how eXtremesurf inc. uses them, the types of cookies we use on our website, and how you can manage your preferences. This policy should be read in conjunction with our Privacy Policy.
2. What Are Cookies?
Cookies are small text files that are placed on your computer or mobile device when you visit a website. They are widely used to make websites work more efficiently and to provide reporting information. Cookies help the website remember your actions and preferences over a period of time, so you don't have to re-enter them whenever you come back to the site or browse from one page to another.
3. How We Use Cookies
We use cookies for a variety of purposes, including:
4. Types of Cookies Used
We classify the cookies used on our website into four main categories, consistent with the choices provided in our consent pop-up:
4.1. Essential Cookies
These cookies are strictly necessary for the basic functionality of the website and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling out forms.
4.2. Website (Functional) Cookies
These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we've added to our pages. For example, they can be used to remember your preferred language or region.
4.3. Analytics (Performance) Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous.
4.4. Marketing (Targeting) Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They work by uniquely identifying your browser and device.
5. Third-Party Cookies
In addition to our own cookies (First-Party), we use various third-party cookies (e.g., Google Analytics, advertising partners). These cookies are controlled by the respective third parties and are subject to their own privacy and cookie policies. We encourage you to review the policies of these third parties.
6. Managing Your Cookie Preferences
You have the right to decide whether to accept or reject optional cookies.
7. Changes to this Cookie Policy
We may update this Cookie Policy from time to time. We will notify you of any changes by posting the new policy on this page and updating the "Last Updated" date at the beginning of the legal documents.