nVira Inc. ("nVira", “we”, “us”) provides hosting and email, domain
dedicated server hosting services together with such other services as
are agreed between it and the customer (“the Services”).
By subscribing to any of the Services and opening an account with us
(“the Account”) you (“the Customer”) agree to be bound by these terms
and conditions. These terms and conditions apply to all nVira accounts.
They set out the basis on which we offer our services and should be
2.1 nVira will use reasonable efforts to supply a continuous service.
However, nVira is not liable for any loss of data resulting from delays
outside of our control, missed or non-deliveries, service interruptions
or by errors or omissions of the customer. nVira is not responsible for
any losses suffered resulting from acts of god or force majeure
including civil unrest, riots, floods, drought, fire, war and imposing
2.2 You agree that nVira is not liable to you for any special
consequential damages which you may suffer as a result of loss of
business, contracts, profits, savings or otherwise. nVira is unable to
exercise control over material sent over the internet and excludes all
liability of any kind for the publication by the Customer of
inaccurate, misleading, offensive, threatening or obscene material, or
material that is in breach of Canadian or other applicable law.
2.3 nVira’s customers are liable for all charges levied by their
telephone or internet service provider arising from the Customer's use
of the Services.
2.4 From time to time nVira or its sub-contractors need to carry out
maintenance on the network, which may involve temporarily shutting
parts of it down. nVira if possible will give as much notice as
possible and shall try to keep this work to the period specified in the
notice. nVira accepts no liability whatsoever arising from such a
suspension of the service.
2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or
transfer any part of the Services.
2.6 YOU acknowledge and agree that details of YOUR name, address,
telephone and fax numbers together with email address(es) and assigned
IP Addresses may be released to the RIPE NCC to ensure that both WE and
YOU fulfil their obligations under prevailing RIPE policies and that
such data may be published in whole or in part in the RIPE WHOIS
3. Banned Content
3.1 Customers must use the Services provided for lawful, authorized
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any Canadian law is
prohibited. The list of banned content includes, but is not limited to:-
(a) Illegal Material - This includes illegally exploited copyrighted
works, commercial audio, video, or music files, and any material in
violation of any regulation or material that is perceived to be
(b) Warez - This includes, but is not limited to, pirated software,
ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and
encrypting of any of the above. Also includes any sites which provide
"links to" or "how to" information about such material.
(c) HYIP - We do not allow any HYIP sites, or sites that link to or have
content related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any
sort of activity through remote proxy connections on our Shared
Hosting, Reseller Hosting, VPS Hosting and Semi-Dedicated Hosting
plans. The first offence committed by the Customer will result in
suspension of their Account. Any second violation will result in
immediate Account termination.
(e) IRC Hosts - Hosting an IRC server that is part of or connected to
another IRC network or server or has a connection to an IRC network.
Servers or virtual hosting accounts, found to be connecting to or part
of these networks will be immediately removed from our network without
notice. The server will not be reconnected to the network until such
time that you agree to completely remove any and all traces of the IRC
server, and agree to let us have access to your server to confirm that
the content has been completely removed. Any second violation will
result in immediate account termination.
(f) Defamatory content - any website content that makes a false claim,
expressively stated or implied to be factual, that may give an
individual, business, product, group, government or nation a negative
3.2 We are under no obligation to edit, review or modify the contents
of your website. However, we reserve the right to remove any content
without notice. For the avoidance of doubt we do not pro-actively
monitor messages that you may post on our managed sites, but we reserve
the right to remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes
contained in Clause 3.1 may have their Account terminated without
3.4 The Customer agrees to fully and effectively indemnify nVira
against all losses, costs, actions, proceedings, claims, damages,
expenses, (including legal expenses) or liabilities, howsoever suffered
or incurred directly by nVira in consequence of the Customers breach or
non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees
(including legal expenses) and judgments awarded against nVira arising
from breach or breaches of this Clause 3. nVira may in its absolute
discretion defend such claims and may compromise such claims with the
consent of the Customer, such consent not to be unreasonably withheld.
The Customer shall provide nVira with the assistance necessary to
defend such claims, at the Customer’s sole expense.
4.1 You agree and understand that we are not the domain registrar
therefore we do not have our own nominate tags or NIC tags and
consequently the domains can only be transferred to us via name servers.
4.2 To complete a full transfer you will require a domain registrar. As
a part of our service we also register and transfer the domain, however
transfer charges are applicable. We register sites through a partner
company. We do not place your details on the whois output of the domain
due to legal reasons however if you commit any sort of illegal activity
we reserve full right to provide the appropriate personnel with your
details. If you wish to have your details displayed upon the whois
output please contact us and we will be glad to assist you.
5. Adult Content
We allow websites with legal adult content only. We do not allow
pornographic or sexually-explicit images of children or any pictures/
video which are obtained illegally to host on our servers.
6. Size limitations
You agree and understand that the maximum size of a single MS SQL
database will not exceed 400 MB irrespective of the web space allocated
to the hosting account and that the size of each mailbox will be
limited to 250 MB on all our Windows or Linux Shared and Reseller
7. Server / Resource / Staff Abuse
7.1 You agree and understand that any attempts to undermine or cause
harm to any of our servers is strictly prohibited and that we take no
responsibility for the use of our clients' accounts.
7.2 If you abuse the resources we provide in any way, we reserve the
unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU
cycles or any resources that cause strain to other sites, we reserve
the right to impose new terms on you in exchange for the current terms
that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of
total resources available on a shared server and if your account
continues to use more than 25% of the resources, it will result in
7.4 Denial of Service (DOS) attacks directed at nVira, or any attempts
to launch a DOS attack from our servers are strictly prohibited. All
infractions and or suspected infractions will be vigorously
investigated and may result in immediate termination of your Account.
7.5 nVira reserves the right to disable/delete any feature or
application provided on shared hosting service without notification if
that feature/application is found to be detrimental and/or is hampering
the web servers' overall health and performance.
7.6 If you are in any way disrespectful towards any member of the nVira
staff we have full right to terminate your account with us without any
If your account exceeds the bandwidth limit, we will inform you. If you
do not wish to purchase extra bandwidth or upgrade your Account and
continue to exceed the limit, the Account shall be suspended until you
demonstrate to us that you have taken measures to ensure that the limit
won’t be exceeded again or upgrade your account, whichever is earlier.
The Account will be reactivated in the following month.
9. Commercial Advertising- Email
(SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
9.1 You agree and understand that spamming, sending unsolicited emails
from our servers or using email addresses that are maintained by us is
STRICTLY prohibited and will qualify your Account for immediate
deactivation with no refund. nVira would be the sole arbiter as to what
constitutes a violation of this Clause.
9.2 You agree and understand that we have set a limit of 200 outgoing
emails per hour on shared and reseller hosting, 500 outgoing emails per
hour on VPS Hosting, 1000 outgoing emails per hour on Semi Dedicated
Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid
any sort of email spamming from our servers. Customers cannot send more
than the specified number of emails in an hour irrespective of the size
of their mailing lists.
10. Affiliate Commissions
Affiliates cannot earn commission on the purchase of their own web
hosting account and/or purchases made on their own billing account. As
an affiliate, you are not permitted to self refer yourself. For
instance, if you join our affiliate program and use the link code to
sign up for your own personal account, you will not be entitled to
receive any affiliate commission.
11.1 nVira will use reasonable efforts to protect and backup data for
clients on a regular basis, however, nVira does not guarantee the
existence, accuracy, or regularity of its backup services and,
therefore, you are solely responsible for making back-up files in
connection with your use of the Services.
11.2 You agree and understand that any back-up which nVira may carry
out will not include any media files. These include (but are not
limited to) mp3, mpeg, wmv or any other video/audio files.
12.1 If paying by a cheque, please allow 5 working days for the cheque
to clear and for us to open the Account. If paying via postal orders or
cash we will endeavour to set up your account on the same day.
12.2 Invoices are generated 10 days before the official due date.
Payment must be made by the due date to avoid the suspension of your
account. If no payment is received, your account will be suspended 5
days after the official due date. If no attempt is made within the next
10 days to pay due invoice(s), we reserve the right to permanently
terminate your account and format all data held. In total 15 days from
the official due date will pass before we permanently terminate your
13. Security and Viruses
13.1 You are responsible for any misuse of your Account and you must
take steps to ensure that others do not gain unauthorized access to
your Account. You may not use your Account to breach the security of
another account or attempt to gain unauthorized access to another
network or server.
13.2 Your password provides access to your Account. It is your
responsibility to keep your password secure.
13.3 Sharing your password and account access with unauthorized users
is strictly prohibited. You must take care and prevent others from
using your Account since you will be responsible for the consequences.
13.4 Attempting to obtain another user's account password is strictly
prohibited, and will result in termination of service.
13.5 You must adopt adequate security measures to prevent or minimize
unauthorized use of your Account.
13.6 You may not attempt to circumvent user authentication or security
of any host, network or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a
server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools
designed for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
13.7 You may not attempt to interfere with service to any user, host or
network or carry out DOS attacks. This includes, but is not limited to,
"flooding" of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
13.8 You agree and understand that users who violate systems or network
security may incur criminal or civil liability. nVira will cooperate
fully with investigations of violations of systems or network security
at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations.
13.9 You agree to complete your own tests for computer viruses in
accordance with best computing practice prior to each and every
operational use of the Services
14. Control Panel Support
14.1 You agree and understand that our staff members will not help you
over live chat, ticket or phone support to setup email accounts, sub-
domains, add-on domains or install any of the applications. We have
restricted our staff from the client control panel login. Customers are
expected to go through our Flash Tutorials as well as our knowledgebase
to understand all features of respective control panels. Our support
team will assist you with any of the functions which won't work or if
there's any server side problems that needs to be rectified from our
end. Customers may consider help from our forum to get detailed
information from other forum members, however basic tasks that can be
managed from the control panel are expected to be resolved from the
Customer’s end only.
14.2 You will need to upload your website from your end using file
manager or an FTP software. Databases should be uploaded from
PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on
domains, Parked domains which should be setup from the client's end
15. Cancellations & Refunds
15.1 nVira reserves the right to suspend OR terminate services on
receipt of abuse complaints.
15.2 An unconditional 30 day money back guarantee is provided on
managed shared hosting, reseller hosting, semi-dedicated hosting and
VPS solutions. Domain registration fees & dedicated server packages
do not come under the purview of this guarantee. Refund requests after
30 days will be refunded on a prorated basis of any unused time.
15.3 Only first-time accounts are eligible for a refund. If you've had
an account with us before, cancelled and signed up again, you will not
be eligible for a refund or if you have opened a second account with us.
15.4 There will be no refund for new domain registrations, ID Protect,
WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL
Certificates and Site Builder as these are purchased from External
Vendors & nVira does not get any refund in case of cancellation of
15.5Any service interruptions or downtime due to scheduled maintenance
by nVira or our network providers will not count towards the uptime
guarantee. nVira is not liable in any way for failure of third party
16. Money Back Guarantee
16.1 Dedicated servers & domain registrations are not included
under the 30 day money back guarantee policy. nVira reserves the right
to decide whether or not to issue pro-rated refunds under such
16.2 All subscribers of managed shared, reseller, VPS and semi-
dedicated hosting plans carry a 30 day unconditional money back
guarantee. If you find the services to be deficient or unsatisfactory,
you are entitled to a full refund of the contract amount within the
first 30 days of the date of account set-up.
16.3 We also provide a price-freeze guarantee. You never have to pay
more than the initial amount you sign up for your hosting service.
nVira reserves the right to change the resource allocation for its
services & also to change the prices listed on the website.
17. Modification of Terms of Service
nVira reserves the right to modify or change these terms of service at
all times. All customers are bound by the latest terms of service
published on this website.
18.1 We reserve the right to refuse, terminate, or suspend your access
to the Services for any reason at our sole discretion upon giving 14
days written notice to you.
18.2 We may suspend your Account immediately upon breach by you of any
of the terms and conditions herein, including, without limitation, late
or non-payment of monies due.
19.Effect of Termination
On termination or expiry of your Account for whatever reason you shall
pay immediately all sums outstanding pending on your Account to nVira
within 14 working days.
20.Limitation of liability
20.1 nVira disclaims all liabilities in connection with the following :
(a)loss of material uploaded; (b)incompatibility of the Services with
any of the Customer's equipment, software or telecommunications links;
(c)technical problems including errors or interruptions of the
Services; (d)unsuitability, unreliability or inaccuracy of the
Services; (e)computer viruses of any kind obtained by the Customer in
the course of using the Services; (f)any security breaches whatsoever
affecting the Customer’s Account.
20.2 In no event shall nVira be liable either in contract, tort
(including negligence) or otherwise for indirect, incidental or
consequential damages, including without limitation, loss of income,
data, use or information.
20.3 Nothing in this Clause 20 excludes each party's liability with
respect to death and personal injury resulting from the negligence of
that party, its employees, agents or subcontractors or for fraudulent
misrepresentation or under the tort of deceit.
20.4 Subject to Clause 20.3, our liability to you in contract, tort,
negligence or otherwise arising out of or in connection with the
Services shall for any one incident or series of related incidents be
limited to the annual fees paid by you to us in the year in which the
liability first arose. No liability whatsoever will be accepted by us
unless and until you have provided documentary evidence to our
satisfaction proving that loss has occurred.
20.5 We exclude all liability of any kind in respect of any material on
the internet posted by the Customer by means of the Services and we are
not responsible in any way for any goods (including software) or
services provided by third parties advertised, sold or otherwise made
available by means of the Services or on the internet, the accuracy,
completeness or suitability for any purpose of any website content and
the acts or omissions of other providers of telecommunications or
internet services (including domain name registration authorities) or
for faults in or failures of their equipment.
20.6nVira will not be liable for failure or delay in performing its
obligations if such failure or delay is due to circumstances beyond its
reasonable control, including but not limited to acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labour disturbance, interruption of or delay in
transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw
materials, supplies or power used in or equipment needed for provision
of the Services.
The Customer agrees that it shall defend, indemnify, save and hold
nVira harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable legal fees asserted against nVira, its
agents, its customers, officers and employees, that may arise or result
from any acts or omissions of the Customer, its agents, employees or
assigns in connection with their use of the Services.
22.1 This Agreement will be governed by and construed and interpreted
in accordance with the law of Canada and the Canadian Courts.
22.2 The Customer and nVira both agree that a court may strike out or
override any part of these terms and conditions if it considers them to
be illegal, unenforceable or unfair and in such cases enforce only the
terms and conditions as if the offending clause or clauses had never
been contained in them.