Terms of Service

Terms of Service


  • INTRODUCTION GoWiz, its affiliates and their successors and assigns (collectively referred to as “GoWiz”) makes available the web hosting and related services described in GoWiz’s published service descriptions subject to these Terms of Service (the “TOS”). For the purposes of the TOS, the word “you” means the individual requesting one or more services provided by GoWiz, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request.  Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.
    • Capacity. You represent and warrant to GoWiz that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from GoWiz unless your parent or guardian enters into the TOS on your behalf. 
    • You represent and warrant to GoWiz that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from GoWiz.
  • YOU
    • Services. The services that you request from GoWiz by means of the online order form on the Site or otherwise in writing and which GoWiz agrees to provide subject to these TOS are the “Services”. 
    • Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
    • Privacy. You have read GoWiz’s Privacy Policy and consent to the use of your personal information as described therein.
    • Communications. GoWiz reserves the right to communicate with you regarding the Services and your use of the Site. You consent to GoWiz’s use of any contact information that you provide to GoWiz in doing so.
    • Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform GoWiz immediately.
    • Changing Passwords. GoWiz may, at any time, change any username or password assigned by GoWiz to you, and GoWiz will notify you when it does so.
    • Insurance. You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.
    • General.
      1. Description. For each package of web hosting and related services that GoWiz makes available to its customers, GoWiz has prepared and published a specification (each a “Service Description”). The Service Descriptions are available on the GoWiz website.
      2. Changes to Services. GoWiz may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. GoWiz may also send an email notice of the change to its affected customers.
    • Hosting Services.
      1. Any Service identified as a “Hosting Services” in its Service Description is a Hosting Service.
      2. Hosting Environment. GoWiz shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of GoWiz’s hosting hardware.
      3. SSD storage. GoWiz shall provide SSD storage for your website(s).
      4. Internet. GoWiz shall provide an Internet connection linking your hosted website(s) to the Internet.
      5. Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS.
      6. Routing. When GoWiz hosts a website on your behalf, GoWiz will route one or more domain names to that website. The exact number of domain names that GoWiz will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.
      7. Backup. You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, GoWiz’s backup activities are primarily for GoWiz’s own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup Your Content frequently. GoWiz Automated Website Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.
      8. Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following “Maintenance Windows”: (i) between 12:00 a.m. and 3:00 a.m. (local time in Toronto, Ontario); (ii) between 12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a Maintenance Window to use, GoWiz takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to GoWiz by the customers) and what would be the early hours of the morning for most of them.
      9. Availability. A Hosting Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.
      10. Measure. GoWiz will use reasonable efforts to ensure that the Hosting Services will be Available other than for “Scheduled Maintenance” at least 99.9% of the time, measured monthly. Any maintenance or other work performed on GoWiz’s technology infrastructure that takes place during the Maintenance Window or with at least 48 hours’ prior notice posted to the Site is “Scheduled Maintenance”.
      11. Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of GoWiz, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that GoWiz will not be performing any maintenance activities during that Maintenance Window.
      12. Free Domain Name. If the cost of registering or renewing a single domain name for one year is included in the annual Fees that you are being charged for a Hosting Service (see the applicable Service Description to find out if it is included and the eligible types of domain names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, GoWiz will register or renew (as applicable) the domain name for you. If GoWiz does so and you continue to subscribe to such Hosting Services for a period of at least 12 months, GoWiz will not charge you its then-current fee for registering or renewing a domain name (as applicable). HOWEVER, IF THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, GoWiz WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY GoWiz’S THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).
    • Domain Names Registration Services.
      1. Assistance with Registering Only. GoWiz may assist you to register one or more top-level or second-level domain names (the “Domain Name Registration Service”). For each such domain name registered GoWiz’s involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (http://www.opensrs.com/docs/contracts/exhibita.htm; http://promopeople.com/terms-of-service.html; https://www.internetx.com/en/legal/terms-and-conditions/; https://www.internetx.com/en/legal/terms-and-conditions/). Please note: you are also bound by ICANN’s rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
      2. Maintenance of Domain Names. You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. GoWiz IS NOT RESPONSIBLE FOR DOING SO.
      3. Please note that: (i) GoWiz is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) GoWiz will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and (iii) GoWiz may but is not obligated to inform you of any proposed or new top-level or second-level domains.
      4. Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant’s name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing GoWiz in writing prior to the registration of the domain name that you wish to take advantage of the registrar’s privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not GoWiz.
      5. As is. Assistance with registering domain names and securing related privacy services is provided “as is” and without any warranties, representations or conditions whatsoever.
      6. Domain Redemption Fee: If your domain was registered with GoWiz and has expired, but you wish to recover the domain, GoWiz may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, GoWiz must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with GoWiz can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
    • Resale. If you have received written permission from GoWiz to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If GoWiz is contacted directly by any such client, GoWiz may suspend all or part of the Services that it is providing to you. If GoWiz does so, GoWiz will give you notice of the suspension and the reason for the suspension. Once you have satisfied GoWiz that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, GoWiz will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
    • Additional Services. Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that GoWiz in its sole discretion provides (“Additional Services”) are deemed to be Services provided pursuant to these TOS, and they will be provided at GoWiz’s then-current rates.
    • Support.
      1. FAQs. GoWiz maintains a list of frequently asked questions and technical support articles relating to the Hosting Services on the Site.
      2. Technical Support. GoWiz will provide technical support relating to the Hosting Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; (ii) email; and/or (iii) chat. The email address and the telephone number that you should use are set out on the Site.
      3. Verifiable. GoWiz will use commercially reasonable efforts to resolve each problem reported to GoWiz’s help desk and verifiable as being a problem or deficiency with the Hosting Services.
      4. Assistance. When you report a problem to GoWiz’s help desk, you will provide: (i) any assistance reasonably necessary to allow GoWiz to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
      5. Billing. Billing and account support is available via the web-based tool that GoWiz provides to you to manage your account. The tool and the hours that apply to your jurisdiction are available on the Site.
    • Intellectual Property. No intellectual property rights are transferred by GoWiz to you by these TOS.
    • Your Content. “Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to GoWiz and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable GoWiz to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
    • Monitoring Your Content. Although GoWiz is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, GoWiz reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.
    • Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or GoWiz’s technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize GoWiz’s products, services, technology infrastructure or ability to operate; or (ii) expose GoWiz to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
      1. possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
        • include child pornography;
        • promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges;
        • infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
        • wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
        • promote or advocate human trafficking in any way as determined at our sole discretion;
        • promote prostitution or escort services;
        • promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;
        • promote or sell illegal drugs or drug paraphernalia;
        • advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs or related sites;
        • can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
        • include any form of malware;
        • make threats to a person’s safety or property;
        • defame other persons;
        • interfere with the services that GoWiz provides to its other customers;
        • interfere with, disrupt or damage the servers used by GoWiz to provide such services, those of GoWiz’s suppliers or those of GoWiz’s other customers;
        • impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
        • wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
        • operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;
        • broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
        • operate cryptocurrency / bitcoin miners;
        • undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
        • the export of data or software;
        • the protection of human rights;
        • the promotion of hatred;
        • defamation;
        • criminal offences;
        • the protection of intellectual property; or
        • including the sending of commercial electronic messages without consent from the recipients.
        • Unacceptable uses of the Services or GoWiz’s technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of GoWiz’s technology infrastructure. GoWiz will be the sole and final arbiter as to what constitutes a violation of this policy.
    • Disruptive Uses. You may not use the Services or GoWiz’s technology infrastructure in any manner that interferes with or disrupts GoWiz’s other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and GoWiz may exercise its rights under section 6.6 including to suspending Services:
      1. generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by GoWiz’s other clients who have purchased similar hosting services;
      2. generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by GoWiz’s other clients who have purchased similar hosting services;
      3. on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by GoWiz’s other clients who have purchased similar hosting services;
      4. even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
      5. using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using SSD storage for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
      6. the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
      7. No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a GoWiz server is not tolerated. This includes any email that promotes websites hosted on a server located on the GoWiz network, but which is sent from an email address not associated with a GoWiz account.
    • Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, GoWiz scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, GoWiz may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from GoWiz’s servers, it is a breach of this section 6.3 and GoWiz may exercise its rights under these TOS including section 6.6 and section 5.3
    • Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.
    • Investigation. GoWiz reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with GoWiz when asked to assist in any such investigation.
    • Breaches. If you breach this section 6, it is probable (in GoWiz’s sole discretion) that you have breached or it is likely that you will breach this section 6 (also in GoWiz’s sole discretion), GoWiz in its sole discretion may suspend or revoke your access to the Services or GoWiz’s technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.
    • Others Breaches. GoWiz assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
    • GoWiz may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by GoWiz or its representatives in connection any Services. GoWiz or its suppliers may change any such address at any time, but GoWiz will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
    • Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, GoWiz will give you at least 30 days prior written notice of any increase to the Fees.
    • Promotions. From time to time, GoWiz may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
    • Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse GoWiz for all registrar’s fees or other related expenses incurred by GoWiz in relation to any third-party service described in section 4.3.
    • Taxes. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on GoWiz’s net income.
    • Payment of Fees. GoWiz accepts payment by credit card (Visa, MasterCard or American Express), Alipay, and PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.
    • In Advance. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
    • Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
    • Automatic Charging. When GoWiz is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card, Alipay, or PayPal account that GoWiz has on file for you and you authorize GoWiz to do this. GoWiz will send an invoice for these amounts to the email address that it has on file for you before doing so.
    • Chargebacks. Please note that should any amount that you pay by credit card, Alipay, or PayPal be charged back to GoWiz, you will incur an additional Fee of $25.00. The payment will not have been received by the due date, and:
      1. GoWiz may restrict, suspend or terminate the affected Services; and
      2. the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, GoWiz shall be entitled to recover its collection costs, including legal fees and expenses.
    • 30 Day Guarantee of Hosting Services.
      1. If at any time during the 30 day period beginning on the date that you purchase Hosting Services for the first of your websites to be hosted by GoWiz you are not satisfied with the Hosting Services that you are receiving, you may terminate this Agreement by using the web-based tool that GoWiz provides to you to manage your account to terminate the Hosting Service. If you do so, you will receive a refund. PLEASE SEE OUR CANCELLATION AND REFUND POLICY FOR REFUND RULES PERTAINING TO HOSTING SERVICES AND OTHER SERVICES.
  • TERM
    • Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this Agreement (the “Term”).
    • Suspension. If you breach of these TOS, GoWiz may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to GoWiz satisfaction that you have taken steps to prevent future breaches of the TOS, GoWiz will lift the restriction or suspension. GoWiz will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in GoWiz’s sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
    • By You. You may terminate any Service at any time by using the web-based tool that GoWiz provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.
    • By GoWiz. GoWiz may terminate any Service by giving you at least 30 days written notice of the termination date. GoWiz may terminate this Agreement immediately and without prior notice to you:
      1. if you breach section 6 (Acceptable Use);
      2. if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or
      3. if you breach any other section of these TOS and do not cure that breach within 15 days.
    • Survival. Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.
    • Renewals. Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give GoWiz written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at GoWiz’s then current rates for such Services.
    • Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, GoWiz’s total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.1.
    • Allocation of Risk. You (the Client) and GoWiz understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to GoWiz reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
    • You agree to indemnify and hold GoWiz and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.
    • Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
    • Severability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
    • Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
    • Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
    • TOS. You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of GoWiz. Any other attempted transfer or assignment of rights hereunder shall be null and void.
    • Domain Names. These TOS do not restrict your ability to transfer any domain for which you are the registrant.
    • GoWiz. GoWiz may assign its rights and obligations hereunder without your prior consent.
    • Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to GoWiz when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to GoWiz pursuant to the TOS will be in writing and sent to GoWiz at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by GoWiz to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
    • Governing Law. This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the courts of Ontario, Municipality of Halton and City of Burlington.
    • Independent Contractors. The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
    • Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
    • GoWiz may change the TOS from time to time and at any time. When GoWiz changes the TOS, GoWiz will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.
    • As well, GoWiz may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If GoWiz does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from GoWiz and instruct GoWiz to disable any password for the Site assigned to you.
    • GoWiz reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.

Usage Policy

This Usage Policy and accompanying definitions pertain to certain web hosting accounts that may be offered on our website that include “unmetered bandwidth”, “unmetered data transfer”, “unlimited disk space”, and / or “unlimited storage”.

Disk Space, Storage, Bandwidth, and Data Transfer For certain Shared and WordPress web hosting plans there is no upward limit to the amount of disk space, storage, bandwidth, or data transfer a single customer may use with respect to their web hosting. Subject to these terms, GoWiz makes every reasonable commercial effort to provide its customers with the disk space, storage, bandwidth, and data transfer resources required for the normal operation of a website. Our goal is to provide the resources required for a typical website that may experience periods of growth resulting in increasing demands for resources (such as disk space, storage, bandwidth, or data transfer) without customers being subject to additional charges. In order to ensure excellent performance for all websites on a server, customers must be fully compliant with our Terms of Service, and utilize disk space, storage, bandwidth, and data transfer in a manner consistent with the normal operation of a website. While rare, when performance on a server is compromised due to excessive demands by an individual website, we occasionally need to temporarily constrain accounts that are utilizing more server resources than should be the case in the normal operation of a small business website. For those accounts that are consistently making excessive demands above the normal operation of a website, including those that are not in compliance with our Terms of Service, we may suspend or terminate the account in question or ask that the customer adjust the web hosting plan they are currently on to one that better matches the needs of their website. What is acceptable and appropriate usage? Acceptable and appropriate usage is defined in two ways:

  1. As outlined in Section 6 of our Terms of Service, which clearly describes unacceptable, disruptive, and forbidden uses of our Services.
  2. As outlined in ourDetailed Server Resource Usage Specification Chart, which clearly describes the technical limits of our Shared and WordPress hosting servers.

Websites utilizing server resources within these technical limits and in accordance with our Terms of Service are considered to be operating normally and using resources appropriately. In addition, we provide customers with the ability to easily monitor in real-time the level of server resources their website and account are using, and we are always available to help answer questions about how a website’s performance can be optimized. GoWiz is continually investing in technology and support features. Our web hosting solutions have been specifically designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with hundreds of others on our servers in a shared community, our offerings are not intended to support enterprise level or large company requirements. This typically also includes eCommerce websites, high traffic websites that require greater server processing resources than a shared web hosting server can provide, and websites that have been configured improperly or have been extended with additional functionality causing higher server demands. For these types of websites, we may recommend migrating your account to higher performance services that provide dedicated server resources such as a virtual private server (VPS) plan. To ensure that our hosting is reliable for all customers within a specific server community, we monitor our servers continuously in order to maintain optimal performance, and occasionally have to take preventative measures on individual websites or accounts where resource usage is adversely affecting the server’s performance. If your website is subject to these measures we will attempt to contact you to determine the potential cause for this excessive usage and highlight possible ways you that can make adjustments or changes to your website before we take any corrective actions. Lastly, our web hosting service is intended for hosting websites, not for backing up or storing user data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. What is unlimited?

  • Unlimited disk space and / or unlimited storage: Create a website as large as you like, hundreds or thousands of web pages and you will not be penalized for exceeding any upper limit. GoWiz charges $1.5Gb/month of extra file usage above what GoWiz considers necessary to host your site. Bigger plans provide higher amounts of base free account storage usage of 2Gb, 3Gb, and 5Gb respectively. Storage use does also include disk space used for email storage. However, please realize that there are many other users on your server and growing a website too quickly may use excessive resources in a short period of time. If this happens, we may restrict certain resources to prevent other customers’ websites on that server from being adversely affected. The vast majority of our customers’ sites grow at rates well within our rules, however, and will not be impacted. Typically, customers only experience issues if they use their accounts for storage (for example large multimedia files) backup, computer backup, or file sharing. Our web hosting services are not intended to support these activities, and in accordance with our Terms of Service your disk space, storage, bandwidth, and data transfer usage must be exclusively for operating your website normally.
  • Unlimited email accounts: You can create an unlimited number of email accounts or email addresses. However, please keep in mind that the “unlimited disk space” or “unlimited storage” of your hosting plan is intended for website files only. While email account creation is unlimited, these services rely on the file storage available on your account, so you must operate within the Terms of Service to ensure resources are available to fully enable email functionality.
  • Unlimited hosting space but excessive database files: On most GoWiz Shared and WordPress hosting plans we do not set limits on the amount of disk space, storage, bandwidth, or data transfer allowed for an individual customer account, however we do charge fees based on an increased amount of usage, so long as you are compliant with our Terms of Service. GoWiz charges $1.5Gb/month of extra file usage above what GoWiz considers necessary to host your site. Bigger plans provide higher amounts of base free account storage usage of 2Gb, 3Gb, and 5Gb respectively. Storage use does also include disk space used for email storage. However, GoWiz’s services are designed to host websites and as such we DO NOT provide unlimited space for backups or the archiving of electronic files, emails, documents, log files, etc., and such activity may result in the suspension or termination of your account without notice. Furthermore, accounts with an extraordinarily large number of files can have an adverse effect on server performance. This includes, but is not limited to, accounts with an excessive number of database file or an unreasonably large database size. GoWiz may request that the number of files/nodes, database tables, or total database usage be reduced to ensure proper performance for all customers on that server, or we may suspend or terminate your account, with or without notice.
  • Unlimited domain hosting: Most GoWiz Shared and WordPress hosting plans do not set an upper limit to the number of domains a customer can associate with their web hosting account.

What is unmetered? Unmetered bandwidth and unmetered data transfer: Unmetered bandwidth and unmetered data transfer mean that we do not have defined limitations on the amount of bandwidth you can use or the amount of data you can transfer. These resources are “unmetered”, meaning you are not billed according to the amount of bandwidth used. You can use as much bandwidth and transfer as much data as you need to operate your website normally so long as you comply with our Terms of Service and your website’s resource requests do not negatively impact the performance of the server, including the other websites hosted on the server. If you use your web hosting solution resources appropriately, visitors to your website will be able to view and download as much content from your site as they wish.

Refund and Cancellation Policy

You may cancel your services with us at any time by following the Cancellation Process listed below. Products purchased from GoWiz, Inc. may be refunded only if cancelled within the timeframe listed under Standard Refund Terms unless noted otherwise herein. All refunds are subject to conditions as set forth below in the Money-Back Guarantee Period.

Standard Refund Terms

If you cancel Products/Services that are eligible for a refund under our Standard Refund Terms you will receive a full refund for your service with us, under the following conditions.

Billing Frequency

  • 1 year or more – Within 30 days of the date of the transaction.
  • Less than 1 year* – Within 48 hours of the date of the transaction.

Date of the transaction

The date of the transaction is the date a product or service is purchased, or the date any renewal is processed by GoWiz, Inc. in accordance with the terms and conditions of the applicable product or service agreement.

You may cancel a product at any time, but a refund will only be issued in accordance with these terms.

Products/Services Eligible for a Refund under Standard Refund Terms

  • GoWiz Website Builder;
  • Managed Business Hosting;
  • Managed Shared Hosting;
  • Optimized WordPress Hosting;
  • Protection Power;
  • Reseller Hosting;
  • Shared Web Hosting;
  • SiteLock (excluding Sitelock 911);
  • VPS Hosting;
  • Website Backup.

Products/Services With Special Refund Terms

Professional Web Design Services: See DIFM special terms.

Products/Services NOT eligible For Refunds

  • AdGuru;
  • Advanced Email;
  • Basic Email;
  • Cloud Servers;
  • Domain Name Registrations;
  • Domain Name Renewals;
  • Domain Name Transfer fees (if applicable);
  • Domain Name Transfer services (if successful);
  • Domain Privacy Services;
  • eShops;
  • Expert Services (billable time);
  • G Suite by Google (all versions);
  • Installation fees for custom software;
  • Jetpack;
  • Managed Services;
  • Merchant Accounts;
  • Migration Services;
  • Microsoft 365 (all versions);
  • OnePlan Connect;
  • Premium Domain Names;
  • Professional Services Fees;
  • Redemption Fees;
  • SiteLock 911;
  • Sucuri;
  • SSL Certificates;
  • Website Security;
  • Website Transfers.


SPECIAL NOTE: All domain registrations and renewals are final and cannot be reversed or changed once completed; please check your domain registration for any errors (typo or incorrect TLD) and also check the registration or renewal length prior to submitting your order.

Purchased Product with a Free Domain

Any product purchase with a Free Domain Name registration promotion is subject to the following conditions. In the event any purchased product or service includes a free domain name, if you cancel the purchased product or service, the regular rate for the domain name will be deducted from the refund amount.

Money-Back Guarantee Period for Hosting Services

If you are not satisfied at any time during the thirty (30) days following your first purchase of Hosting Services you may cancel your Services by using the cancellation form in your GoWiz dashboard. You will receive a refund within ninety (90) days of the service cancellation.

You will receive a full refund of all Shared Web Hosting, VPS Hosting, Optimized WordPress Hosting, and Reseller Hosting fees paid by you to GoWiz for the initial term. Money-Back Guarantee refunds shall be due to you only upon your compliance with, and subject in all respects to, our terms and conditions. Requests for these refunds must be made in writing to the GoWiz Support Team through your GoWiz dashboard. Money-Back Guarantee Refunds will not accrue and shall not be paid under any circumstances if you do not provide the applicable refund request within this money-back period.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.

Renewals of Services

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES AUTOMATICALLY RENEW. We will notify you of your upcoming renewals at least 15 days in advance and unless you submit a cancellation request using the cancellation form in your GoWiz dashboard the services will be renewed at GoWiz’s then current rates using the payment method you have provided to us. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL THE SERVICE EITHER IMMEDIATELY OR UPON EXPIRATION OF THE THEN CURRENT TERM.

Cancellation Process

You may terminate a Service at any time by using the web-based cancellation form in the My Services section of your GoWiz dashboard OR by submitting a ticket or an email to our billing department from an email address of record on your account with the specific rights and privileges to terminate your Services.

You must clearly state the following information:

  1. the specific Service you intend to cancel;
  2. your intention to cancel the Service immediately or at the end of your term; and
  3. any other instructions required by our billing department.

In addition, your REQUEST MUST BE CONFIRMED BY OUR BILLING DEPARTMENT BEFORE YOUR SERVICES ARE ACTUALLY CANCELLED. We will review your request within 3-5 business days and send you an email to notify you that the cancellation has been processed or to request further information.

We require all cancellations to be submitted in accordance with this process in order to:

  1. confirm your identity;
  2. confirm in writing that you are prepared for all of your files and emails to be removed from our servers if applicable to the Service you are cancelling; and
  3. document the cancellation request.

This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

For additional support or questions regarding your cancellation, you can contact us by telephone or submit a support ticket through your GoWiz dashboard marked “Attention Billing Department”.