This Master Service Agreement (MSA) shall constitute a binding contractual agreement between Exact Hosting, a service operated by Tucows.com Co, (“Company”) and you, the purchaser of our services (“you” or “Customer”).
This MSA provides the terms and conditions for services sold through our website, exacthosting.com.
The Service Agreement includes:
Landesbeauftragte für Datenschutz und Informationsfreiheit
Postfach 20 04 44
The Company is dedicated to the unrestricted free transmission of information via the Internet.
Notwithstanding anything found herein, the Company follows all local, state, and federal laws pursuant to the services delivered over the Internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of many servers, this document is intended to act as a guideline to service and not to be all-encompassing.
Direct Violations of AUP: The following list represents per sedirect violations of the acceptable use policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.
Disclosure to Law Enforcement: Occasionally, the Company is required by law to submit Customer information to law enforcement officials when presented with a valid request from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena, warrant, or other valid request. The Company utilizes great care in keeping Customer information safe and private and will only release information described in the request. The Company will notify Customer of the information request as allowed by the subpoena; where possible, the Company will provide prior notification to Customer, to afford the opportunity to object to the request in an appropriate court.
Reporting Violation of the Acceptable Use Policy: The Company accepts reports of violations of the acceptable use policy via email to firstname.lastname@example.org. Reports of violations include the name and contact information of the requestor as well as the name, contact information, IP address, and description of the violation. The Company owes no duty to third parties reporting violations. The Company will review all third-party reports and will take appropriate actions as described within the acceptable use policies or as determined in its sole and absolute discretion.
Methods of Resolution for Violations Under the Acceptable Use Policy: The ultimate goal of the Company is to balance the rights and interests of our Customers in the highly evolving Internet ecosystem. The Company understands the challenges of hosting companies, resellers, businesses, organizations, and other Customers who may have third-party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our staff are dedicated to working with you to resolve potential violations and are available via phone or email. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third-party litigation, and other related factors. Overall, the Company is dedicated to working with the Customer to resolve all potential violations prior to any service interruptions.
Disclaimer: The Company retains the right, at its sole and absolute discretion, to refuse new service to any individual, group, or business for any reason. The Company also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.
Exact Hosting’s Rights: Exact Hosting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Exact Hosting in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Exact Hosting further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Exact Hosting believes is responsible for such violation. Exact Hosting may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit Exact Hosting’s rights and remedies at law or in equity that may be available.
Consequences of Violations of this AUP: If Exact Hosting, in its sole discretion, reasonably believes you or your User violated this AUP, Exact Hosting may suspend your Services without prior notice, terminate your agreement with Exact Hosting, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy Exact Hosting may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
You agree to the following terms and conditions listed on this page upon purchasing, renewing, or transferring a domain name.
Whenever we refer to “Exact” in this document, we are referring to the hosting services provided by Tucows.com Co. via the website exacthosting.com.
Our Privacy and Data Collection Practices
Like most online businesses, Exact collects and processes information on behalf of and about our customers. We want to help our customers understand what data we collect, how we use the data we collect, who we share this data with, and how we secure and protect this data.
The purpose of this policy is to share these details with our customers and anyone else interested in how we collect and process personal data.
We’ve tried really hard to keep this document simple and readable and if you have any suggestions for how we can improve it, please let do us know.
Information We Collect and Hold
When you purchase services from Exact, we create an account for you. This account makes it possible for you to track and manage your purchases with us. For the purpose of creating your account, we collect what we call “account data” and “hosted data”.
Account data includes:
For your convenience, we may store this data at your direction as a default set of information for future purchases.
Hosted data depends on what you want on your website(s) and includes:
You should be aware that we understand that your hosted data is intended to be published, as the service that you have purchased from us is to publish that data as your website(s). If you upload anything as hosted data, we will treat it as such. You should be careful about what you upload as hosted data.
Our use of your account data
Exact only uses account data for the purpose of facilitating the management of your account and billing for your purchases.
We share this data programmatically with Stripe, for the purpose of billing your credit card.
Exact relies on tokens generated by Stripe to trigger billable events. Exact retains the industry-normal first six and last four digits of the credit card, the type of credit card, and the name associated with the credit card for internal tracking and audit purposes. The data is stored securely and is not usable for any billing or charging purposes. Stripe will never use your data for their own purposes without our explicit consent or notice to us.
We use WHMCS for billing. Your account information may be associated with your bill through WHMCS. The data is stored securely and not usable for any purpose other than billing and auditing.
Exact may share your account data with law enforcement agencies on a case-by-case basis, if necessary as part of a legal investigation. We may notify you if this happens, depending on the circumstances. Exact may also share your account data with a third party under order from a court of competent jurisdiction related to a lawsuit or investigation. We evaluate these requests on a case-by-case basis and we will notify you as appropriate.
We may use your account data to contact you concerning a dispute related to your account or for verification purposes to make sure no one else is accessing your account.
Exact does not share your account data with any other parties for any other reasons, with the exception of vendors, working under our instruction following levels of security at least as rigorous as those followed by Exact.
We never sell this information.
Location of Data Collection and Processing
Your account data and hosted data are collected and processed by us in the United States, the UK, and the Netherlands. When necessary for the services your have requested from us, your data may also be processed elsewhere, within or outside of Canada, in accord with legal regulations. Again, your hosted data is published to your website(s) and is public on the Internet.
Customer Service Information
We use a third party service, Zendesk, to help us manage all of our customer service interactions. Any information you send to use via email is usually stored and tracked in our Zendesk system. We also use Zendesk to log information when you call us for assistance. None of this information is accessible by any third party other than Zendesk.
When you call Exact Support via telephone, we will likely record and archive the conversation. If you don’t agree to this, please contact Exact Support through our online chat, email or other means as may be available at exacthosting.com.
Electronic Newsletters and Unsubscribe Policy
We only provide newsletters to you if you have opted in to receive them. If you change your mind, you can unsubscribe from our mailing list at any time through the link we provide at the top and bottom of every mailer.
We collect and aggregate data concerning how people use the website at exacthosting.com. When you visit our websites, our web servers temporarily record the IP address of your computer, the file requested (file name and URL) by the client, the http response code, and the website from which you are visiting us. The recorded data is used for data security purposes, particularly to protect against attempted attacks on our server, and for statistical analysis. We do not use it to create individual user profiles nor do we share this information with third parties. Some of the data is associated with your account and the website(s) we host on your behalf, but is not personally identifiable to any third-party. We use a variety of third party services to help us collect and analyze this data, including Google Analytics.
Session cookies are cookies that are only saved on your computer for the duration of a single Internet session. They do not contain any personal data. For some offerings we use persistent cookies that support the services for future sessions. These cookies remain valid until you delete them or until the deletion period configured in your client is reached. You can set your browser to prevent these cookies being stored or to delete the cookies at the end of your Internet session. Please remember that in this case you may not have access to the full range of functions offered by our website.
Data Security and Retention
We follow generally-accepted standards to store and protect the personal data we collect, both during transmission and once received and stored. We use encryption where appropriate.
We retain personal data only for as long as necessary to provide the services you have purchased from us, and we may retain that information for legal or business purposes after termination of the services. These post-services retention periods are either mandated by law or contract and are necessary for preserving, resolving, defending, or enforcing our legal and contractual rights or needed to maintain accurate business and financial records.
If you have any questions about the security or retention of your personal data, you can contact us by email at email@example.com or by giving us a phone call at 1.877.658.4146 (Option 1, Monday to Friday between 8am and 9pm ET).
Data Access and Correction
You may view the personal information we have about you inside your account. You also may request, free of charge, information on the scope, origin, and recipients of any stored data as well as the purpose of storage. You may request that incorrect data be corrected at any time, or you may correct any data elements inside your account to which you have access.
We do not target our services to persons under the age of 18. If you know of, or have reason to believe, anyone under the age of 18 has provided us with any personal data, please contact us.
Data Protection Authority
If you are a resident of the European Economic Area (EEA) and believe we maintain your personal data subject to the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority, responsible for the territory in which we maintain a subsidiary office in Germany. Our lead supervisory authority is:
Landesbeauftragte für Datenschutz und Informationsfreiheit
Postfach 20 04 44
Exact, a service of Tucows
96 Mowat Avenue
(Attention: Office of the Data Protection Officer)
or for customers established in the EEA:
Tucows Data Protection Officer
Rickert Rechtsanwaltsgesellschaft m.b.H
Kaiserplatz 7 – 9
DPO @ Tucows.com
We will respond to all requests, inquiries or concerns within thirty (30) days.