Effective date: August 21, 2025
Applies to:

• Essential Hosting – 1-Year Term (12 months)

• Essential Hosting – 2-Year Term (24 months)

• Essential Hosting – 3-Year Term (36 months)

1. Purpose

These Service Terms (“TOS”) form a contract between you (the customer named on checkout) and Markage Inc. (“Markage”, “we”, “us”, or “our”). Markage provides managed WordPress hosting services that run on third-party infrastructure operated by independent providers. We are a reseller and independent contractor; we do not operate data centres.

By communicating with us, browsing our sites, or using any Service, you accept these TOS and agree to the then-current versions of: our Acceptable Use Policy, Support Policy, Refund & Billing Policy, Privacy Policy, Server Maintenance Policy, and Copyright Notice & Notice Policy (Canada) (together, the “Policies”). We may update the Policies; continued use means you agree to the updates.

2. Customers

We facilitate your online presence but only control Services we directly provide. We are not responsible for your actions, your end users’ actions, or the actions/changes of any third-party service providers you choose to integrate.

3. Services

“Services” include any hosting, management, or related features you request or allow us to provide—paid, bundled, discounted, or free. All Services are subject to these TOS and the Policies. If a service description or knowledge base conflicts with these TOS, these TOS govern.

Certain Services are delivered by third parties (e.g., control panels, email, security tools). Their separate terms also apply.

3(a). Service Offer

We may offer, among other things:

• Managed WordPress hosting (shared or VPS-backed)

• Email and DNS configuration tools (where offered)

• Domain registration/transfer (if purchased)

• Security, backup, and performance tooling
  Usage limits are set in our Acceptable Use Policy.

3(b). Domain Name Services (if purchased)

We resell domain names through accredited registrars. Registrar terms apply to registration, renewal, transfer, and WHOIS/verification requirements. Auto-renew is a convenience only—you are responsible for timely renewal and all consequences of expiry. We make commercially reasonable efforts to process configured auto-renews but accept no liability for failures or third-party registrations of expired domains.

You are solely responsible for ensuring your selected domain does not infringe third-party rights.

3(c). Terms applying to all Hosting Services

i. Bandwidth & resource use. Plans include specified resources per term; unused amounts do not roll over. Exceeding limits may result in suspension until the next period, upgrade requirements, or overage fees, at our discretion.
ii. IP addresses. We provide the number of IPs included with your plan. Additional IPs may be available for a fee and remain non-transferable. We may change assigned IPs with notice.
iii. Fair server use. You must not create excessive load on CPU, memory, storage, I/O, or support resources. Published capacity figures are maxima; sustained peak use may trigger throttling, restrictions, suspension, or termination to protect service quality.

3(d). Terms for particular Hosting Services

i. Unmanaged components. If you operate any unmanaged components (e.g., your own VPS, plugins, or code), you are solely responsible for installation, maintenance, security, and backups for those components.
ii. Root or elevated access. If your plan exposes advanced access, you accept full responsibility for all changes. We may be unable to reverse or remediate such changes.
iii. Inode/concurrency guidelines. Shared plans typically cap inodes and concurrent HTTP connections to protect service stability. See your plan description and our Acceptable Use Policy for current limits.
iv. Backups. Complimentary backups (where provided) are best-effort, may exclude certain files (including some email), and are subject to size/quota limits. Exceeding quotas may disable backups until usage is reduced. Always keep your own independent backups off-platform.
v. Email deliverability. We do not guarantee delivery of inbound or outbound mail. Factors outside our control (recipient filters, IP reputation, third-party blocklists) can affect delivery.

4. Resellers and Sub-Accounts

If you resell or provide access to others, you and your sub-accounts must comply with these TOS and all Policies. Any additional promises you make to your customers that differ from these TOS are your sole responsibility.

5. Access

You do not receive physical access to servers. Our servers are multi-tenant; other customers’ usage may affect performance. Do not attempt to alter underlying infrastructure or restrict other tenants.

6. Control Panels & Third-Party Tools

Using cPanel, Plesk, Jetpack, Titan, Enhance, or similar tools binds you to those providers’ end-user terms. Your use must remain within reasonable bounds; we may require removal of inactive/unused accounts or licenses to moderate consumption.

• cPanel EULA: https://cpanel.com/legal-store.html

• Plesk EULA: https://www.plesk.com/eula/

• Jetpack/Automattic Terms: https://wordpress.com/tos/

• Titan policies: https://support.titan.email/hc/en-us/sections/360006033194-Agreements-and-Policies

• Enhance terms: https://enhance.com/terms

7. Enrollment; Account Information & Security

Eligibility. You warrant that you are at least 18 and have authority to bind the customer entity. You confirm you have the experience needed to use the Services and understand the risks of operating online.

Account information. Provide accurate, current contact and billing details and keep them updated. We are not responsible for issues arising from outdated or blocked email communications.

Security. You are responsible for all actions under your credentials. Back up data before seeking support. You grant us permission to access your environment for support, security scanning, and compliance, and to quarantine or modify malicious files.

8. Term; Billing & Payment

Start. Our obligation begins upon receipt of your payment (the “Effective Date”). Services run through the plan term shown at checkout (the “Initial Term”).

Automatic renewal. Your plan automatically renews for successive terms of the same length (each, a “Renewal Term”) at the then-current price unless you cancel. We will send a renewal reminder to your account email in advance of renewal for term-based plans. You can cancel by submitting our online cancellation form in your customer portal at least one (1) day before the next term starts.

Termination by you (convenience). You may cancel on 15 days’ written notice via the portal. If you cancel for convenience, fees for the then-active Initial or Renewal Term remain payable (subject to any money-back guarantee described below).

Termination by us. We may suspend or terminate immediately, without notice, for: (a) breach of these TOS or Policies; (b) non-payment; (c) to prevent wider service disruption; or (d) to protect network integrity or security. On termination we may delete data as permitted by law. Keep Services active during any transition if you need continued access or forwarding.

Post-termination access. We are not required to retain or provide backups for terminated or expired accounts. If we agree to post-termination recovery, it will be a separate paid service and is not guaranteed.

Billing, refunds, and payments are further described in our Refund & Billing Policy.

9. 30-Day Money-Back Guarantee

For your first hosting term only (not renewals), you may cancel within 30 days of the Effective Date for a full refund of hosting fees paid to date, less any non-refundable pass-through costs (e.g., domain registrations, third-party licenses, bespoke servers). This guarantee may be used once per customer (we may associate related accounts to administer this fairly).

10. Use of the Services

Availability, performance, and access may vary. We do not guarantee uninterrupted or error-free Services, particular speeds, or particular outcomes. See Server Maintenance & Uptime commitments in our Server Maintenance Policy.

11. Testimonials

If you provide a testimonial, you grant us permission to use, edit for length/clarity, and publish it (with your first name, last initial, province, and likeness) for marketing. You may withdraw consent by contacting legal@markage.ca; we will stop future uses after processing.

12. Data Backups

You are solely responsible for maintaining off-platform backups. Complimentary backups (if any) are limited, may exclude files, and may fail. We are not liable for any data loss or corruption, including from your actions, hardware/software failures, or suspension/termination. See our internal Data Classification, Retention & Disposal Policy for retention practices.

13. Licenses; IP; Data

We license you to use the Services on a non-exclusive, non-transferable basis for the term. All technology and materials we or our licensors provide remain their property. You must not bypass security, reverse-engineer, or sublicense the Services.

You grant Markage and our infrastructure and tool providers a limited license to process, transmit, cache, and store your content and data as needed to deliver the Services. See our Privacy Policy for how we handle personal information and confidential data.

14. Limited Warranty (Services We Control)

We will perform Services consistent with industry standards. To claim a breach, notify us in writing within 30 days specifying details. Your exclusive remedy is reperformance or a pro-rated service credit for the affected period. Third-party services are excluded from this warranty.

15. Your Commitments

• Provide accurate contact/billing details and cooperate reasonably.

• Ensure you and your team have the technical capability to use the Services.

• Use up-to-date web applications and plugins to reduce security risks.

• Use the Services for business purposes. You represent and warrant you are not a consumer under provincial consumer-protection statutes.

16. Disclaimers

Except for the limited warranty above, the Services are provided “as is” and “as available” without warranties or conditions of any kind, whether statutory, express, or implied, including merchantability, non-infringement, or fitness for a particular purpose. We do not warrant that Services are free of defects, errors, malware, or that delivery of email/content will be uninterrupted. To the extent any implied warranties cannot be excluded under applicable provincial or federal law, they are limited to 90 days from the Effective Date.

17. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any data loss; indirect, special, consequential, incidental, exemplary, or punitive damages; or lost profits/revenue, lost opportunities, or business interruption.

• Our aggregate liability for all claims in any 3-month period will not exceed the fees you paid to us for Services during that period.

• We are not responsible for force-majeure events, scheduled maintenance, ISP/network issues, or issues caused by your breach of these TOS or the Policies.

18. Indemnification

You will indemnify and defend Markage, our affiliates, personnel, and providers against claims, losses, and expenses (including reasonable legal fees) arising from: (i) your content, sites, or end-user activities; (ii) your breach of these TOS/Policies; or (iii) your misuse of the Services.

Markage will defend you against third-party IP infringement claims alleging that our proprietary Service (excluding third-party components) infringes a Canadian patent, copyright, or trademark, subject to prompt notice and control of the defence. Remedies may include procuring rights, modifying/replacing the Service, or terminating the affected Service with a pro-rata refund. This section does not cover third-party software or your customizations.

19. Notices

We send notices to the account email you provide. Keep it current.
Legal & copyright notices: legal@markage.ca
Mailing address: Markage Inc., Toronto, Ontario, Canada (full address on request).

20. Legal

20(a). Compliance with Law (Canada)

You must use the Services in compliance with Canadian law, including:

• PIPEDA and applicable provincial private-sector privacy laws (e.g., Quebec’s private-sector law as amended by Law 25) when handling personal information. Justice Laws WebsitePrivacy Commissioner of CanadaLégis Québec

• CASL for commercial electronic messages and installing computer programs. ISED CanadaCRTC

• Canada’s Copyright Act “notice-and-notice” regime (not DMCA). See our Copyright Notice & Notice Policy. Justice Laws Website+1

• Canadian export/sanctions controls, including the Export and Import Permits Act and related measures. Justice Laws WebsiteGlobal Affairs Canada

We may disclose information if required by law (e.g., court order, subpoena, warrant, regulatory request) or to protect our business or others from harm. Where permitted, we may charge reasonable administrative fees for responding to civil requests.

20(b). Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control (e.g., third-party outages, DDoS, acts of God, labour disputes, government actions).

20(c). Governing Law; Forum

These TOS are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto, Ontario.

20(d). Claims; Limitation Period

All claims must be brought consistent with these TOS and Policies. Any action must be commenced within one (1) year after the event giving rise to the claim.

20(e). No Waiver; Assignment; Severability; Survival; Construction

No waiver is a continuing waiver. We may assign these TOS; you may not assign without our consent. If any term is unenforceable, it will be modified to reflect the parties’ intent while the remainder stays effective. Sections 11–18 survive termination. “Including” means “including without limitation.”

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21. Managed WordPress Features & Update Window (Plan-Specific)

During active development and for 30 days after launch, we include Unlimited Content Updates, Unlimited Images per Page, and Unlimited Website Support to finalize and stabilize your site. After that 30-day refinement window, ongoing updates and support continue for the duration of your hosting agreement per your plan entitlements and our Support Policy. Abuse or requests materially exceeding similarly situated customers may be throttled or require an upgrade. (This section clarifies scope only; the rest of these TOS still apply.)

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22. Copyright Notice & Notice Policy (Canada)

We follow Canada’s notice-and-notice regime. If we receive a compliant notice of claimed infringement under the Copyright Act, we will forward it to the subscriber and may retain related records as required by law. We are not an arbiter of disputes and will not remove content unless required by law or our Policies. Send notices to legal@markage.ca with all mandatory elements set out in the Act. Justice Laws Website+1

23. Privacy & Data Handling (Summary)

We process personal information in line with PIPEDA’s fair information principles and applicable provincial laws (including Quebec’s Law 25 where applicable). Our Privacy Policy describes purposes, lawful bases/consent, retention, safeguards, and access/correction rights. Our internal retention and classification standards guide how we minimize, label, store, and dispose of confidential and restricted information. Privacy Commissioner of CanadaJustice Laws WebsiteLégis Québec

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Definitions (for clarity)

• End User: any person who uses your website, application, or services.

• Policies: the documents named in Section 1, as updated.

• Third-Party Services: any non-Markage software, hardware, networks, or tools used to deliver features (including registrars, control panels, email, CDN, security tools, analytics).

• Business Purpose: you confirm you are purchasing and using Services for business, not personal/household, purposes.

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Contact

Questions about these TOS or Policies: legal@markage.ca