Agreement Scope
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.
Terms of Service
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.
- Updates: While we strive to ensure updates do not break your site, we are not responsible for incompatibilities caused by third-party themes, plugins, or custom code. If an update we perform causes a functional break, we will, at our sole discretion, either roll back the update or expend a reasonable amount of effort to correct the issue.
- Hack Mitigation: If a site on our Managed Hosting plan is compromised, we will perform a security scan and make a reasonable, best-effort attempt to clean the malware and secure the site. This guarantee does not cover data loss, lost revenue, or reputational damage. Our liability is strictly limited to the act of cleaning the site.
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
- Complementary Email: Any email accounts provided "free" or "complementary" with a web hosting plan are offered as-is, with no warranty or guarantee of service, uptime, or deliverability. This service is not intended for critical or business use. We strongly recommend a premium email solution.
- Premium Email (Google Workspace, OX App Suite): These services are resold and governed by their respective providers' terms. We guarantee 99.9% uptime only for OX App Suite, as this is the guarantee provided to us by Open-Xchange. The sole remedy for failure to meet this SLA will be a pro-rated service credit for the affected email service for the period of the outage.
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:
- Any violation of our Acceptable Use Policy, .
- Any illegal activity, including but not limited to hosting, distributing, or linking to child exploitation material, pornography, or engaging in fraudulent activities.
- Non-payment of fees.
- Any activity that threatens the security, stability, or integrity of our servers, network, or other customers.
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.
Acceptable Use
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:
- Illegal Content: Any content that violates any applicable local, provincial, federal, or international law. This includes, but is not limited to, content related to child exploitation, child pornography, fraud, or human trafficking.
- Pornography: Any and all forms of pornography or sexually explicit content are strictly prohibited.
- Intellectual Property Infringement: Content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party.
- Spam / Unsolicited Email: The sending of unsolicited bulk email (UBE), spam, or "mail-bombing" is strictly forbidden. We maintain a zero-tolerance policy for spam.
- Malicious Content: Hosting or distributing viruses, malware, ransomware, spyware, phishing sites, or any other code designed to disrupt, damage, or gain unauthorized access to any system.
- Resource Abuse: Any activity that consumes excessive server resources (CPU, Memory, I/O) to the detriment of other customers. This includes, but is not limited to, cryptocurrency mining, file-sharing services, or running resource-intensive bots.
- Harassment or Defamation: Content that is harassing, abusive, defamatory, libelous, or threatening.
- Network Disruption: Engaging in Denial of Service (DoS) attacks, port scanning, or any other activity that attempts to disrupt or compromise the security of our network or any other network.
Privacy Policy
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:
- Contact Information: Name, email address, mailing address, and phone number.
- Billing Information: We do not store your full credit card number. Our payment processors (Stripe, PayPal) collect and store this information. We only store a secure token, the last four digits of your card, and the expiry date for billing management.
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:
- Log and Usage Data: IP address, browser type, operating system, referring URLs, pages viewed, and timestamps.
- Cookies: We use cookies for session management, remembering your preferences, and for analytics. You can control the use of cookies at the individual browser level.
3. How We Use Your Information
We use the information we collect to:
- Provide, operate, and maintain our services.
- Process transactions and send you related information, including invoices and billing notices.
- Send technical alerts, support messages, and administrative communications.
- Respond to your comments, questions, and support requests.
- Monitor and analyze trends, usage, and activities in connection with our services.
- Comply with legal obligations and enforce our terms of service.
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:
- Payment Processors: With Stripe and PayPal, to process payments.
- Domain Registrars: With our domain registrar provider and the relevant TLD registries to register your domain name. This will involve your information being published in the public WHOIS database, unless you purchase Domain Privacy.
- Third-Party Service Providers: With our partners to provision resold services you purchase, such as Google (for Google Workspace), Open-Xchange (for OX App Suite), NordVPN, and Certificate Authorities (for SSLs).
- Legal Compliance: If required by law, subpoena, or other legal process, or if we have a good-faith belief that disclosure is necessary to protect our rights, your safety, or the safety of others.
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:
- Canada (Ontario, Quebec)
- United States (Virginia, California, Texas, etc.)
- Europe (Germany, France, UK, Netherlands, Finland, etc.)
- Asia-Pacific (Singapore, Japan, Australia, India, etc.)
- Other regions as listed on our website.
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:
- Right to Access: To request a copy of the personal data we hold about you.
- Right to Rectification: To request that we correct any inaccurate or incomplete information.
- Right to Erasure ("Right to be Forgotten"): To request that we delete your personal data, subject to our legal and contractual retention needs.
- Right to Restrict Processing: To request that we limit the processing of your data.
- Right to Data Portability: To receive your data in a structured, machine-readable format.
- Right to Object: To object to our processing of your data (e.g., for direct marketing). To exercise any of these rights, please contact us using the appropriate channel on our dedicated contact page.
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.
- By Mail (Formal Notices):
- eXtremesurf inc.
- Attn: Privacy Officer
- 290 Inkerman St E
- Listowel, Ontario, N4W 2M9
- Canada
Domain Names
This section governs the registration, renewal, and transfer of domain names.
- Registrar of Record: We are a reseller for an ICANN-accredited registrar. By registering a domain with us, you agree to be bound by the terms and conditions of both eXtremesurf inc. and the upstream registrar and the specific registry (e.g., CIRA for .CA domains, Verisign for .COM domains) for the Top-Level Domain (TLD) you have chosen.
- Your Information: You agree to provide accurate and complete WHOIS information and to keep it updated. Providing false WHOIS information may result in the suspension or deletion of your domain.
- Domain Renewals: You are solely responsible for ensuring your domain name is renewed. We are not liable for any expired or lost domain names.
- Privacy Protection: If you purchase Domain Privacy Protection, your personal information will be masked in the public WHOIS database, subject to the terms of the privacy service provider. This service does not permit you to violate our Acceptable Use Policy, or any laws.
- Dispute Resolution: You agree to be bound by ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), which can be found at icann.org.
- No Refund: All domain name registrations, renewals, and transfers are final and non-refundable.
Web Accessibility
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:
- Semantic HTML and Keyboard Focus: Ensuring proper structural hierarchy for navigation via keyboard and assistive technology.
- Alternative Text: Providing descriptive alternative text for all meaningful images and non-text content.
- Color and Contrast: Implementing appropriate color contrast ratios to ensure text and visual elements are legible.
- Assistive Technology Compatibility: Testing our services with various assistive technologies to ensure compatibility.
- Color Preference & Dark Mode: The site is optimized for both light and dark display modes. We utilize JavaScript to detect your operating system's default color scheme preference and automatically apply the appropriate theme on load, minimizing strain and enhancing readability based on your environmental settings.
- Internal Audits: Utilizing automated WCAG scanning tools and performing internal manual audits to identify and correct compliance issues.
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.
Cookie Policy
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:
- Enabling core website functionality.
- Analyzing how visitors use our website to improve performance and design.
- Personalizing your experience, such as remembering your language settings.
- Delivering targeted advertising.
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.
- Necessity: These are mandatory to ensure the site operates securely and correctly. Without them, core services like login and security features would not work.
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.
- Necessity: Optional. Disabling these cookies may result in some functions and services becoming unavailable.
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.
- Necessity: Optional. If you do not allow these cookies, we will not know when you have visited our site and will be less able to monitor its performance.
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.
- Necessity: Optional. If you do not allow these cookies, you will still see advertising, but it will be less targeted to your interests.
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.
- Consent Pop-up: When you first visit our website, you can select your preferences via our "Accept Selected Cookies" pop-up.
- Changing Preferences: You can change your preferences at any time by clicking on the [Cookie Settings/Preferences] link, which will re-open the consent pop-up.
- Browser Settings: You can also manage cookie settings directly in your browser (e.g., Chrome, Firefox, Safari). Most browsers allow you to refuse or accept cookies and to delete them. If you choose to remove or reject cookies, it may affect the functionality of our website.
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.