Terms of Service

Hear See Speak No Evil

Ignorance is no excuse.


For the purpose of our Terms of Service:

  • "The Company", refers to "My Canadian Cloud™", it's agents and employees.
  • "The Customer", refers to you.


When you purchase any of our services you are agreeing that:

  • you've read these Terms of Service
  • you'll be bound by these Terms of Service
  • you understand that our Terms of Service may change without notice, so it's your responsibilty to review them
  • Copyright in all software that is supplied by The Company remains the property of The Company or that of its Licensor

PAYMENT: All fees and charges will be due upon receipt and due in Canadian Dollars. Late payments will accrue interest at a rate of two percent (2%) per month. If in its judgment, The Company determines that The Customer lacks financial resources, The Company may, upon written notice to The Customer, modify the payment terms to secure The Customer’s payment obligations before providing Services. The Company, using its sole judgment, reserves the right to determine whether to charge interest to a late paying customer, or to consider the customer as having breached this contract.


ACCOUNT STATUS: Provided you are a customer in good standing (your bills are paid), you may use our backup and restore services with your data and our servers. Unpaid accounts will have their backup and restore privileges suspended immediately. You'll have 30 days to bring your account up to date along with payment of an administration fee. If the 30 days end and your account has not been brought up to date, your account will be terminated without further notice and your data deleted from our servers. We reserve the right to refuse service to anyone.


RENEWAL TERM: Services will be provided for a 12 month term and shall automatically renew for an additional 12 month term unless either party provides written notice of non-renewal within ninety (90) days of the end of the Term.


CANCELLATION AND REFUNDS: Account cancellations must be made in writing, no less than ninety (90) days before the end of the Term. We operate on a "try before you buy" policy so you can determine whether our backup services will perform to your satisfaction. As a result, there are no refunds if you decide to discontinue our services after you've paid for them.


TAXES: All payments required are exclusive of applicable taxes and shipping charges. The Customer will be liable for and will pay in full all such amounts.


REMOTE HANDS: At the request of The Customer, The Company may assist The Customer in correcting minor problems such as the resetting of passwords, backup schedules, deletion of one or more corrupt files, etc. either on the server-side or by accessing The Customer's computer(s) using remote access software. The Customer shall pay The Company an hourly fee of $100 plus taxes, billed in 30 minute increments.


PRIVACY POLICY: We are committed to protecting and respecting the privacy of all our customers. The information collected from customers when signing up is used for billing and administration purposes only and will be kept confidential. We will not sell your personal information to any third party and will take reasonable steps to keep it from being disclosed to any third party.


THE LAW: All services provided by us may only be used for lawful purposes. You, the customer, agrees to indemnify and hold harmless The Company from any claims resulting from the use of our services. Our services, including all related equipment, networks and network devices are provided only for authorized customer use. Our systems may be monitored for all lawful purposes, including management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our services constitutes consent to monitoring for these purposes. We co-operate with Canadian Federal, Provincial and Municipal law enforcement agencies. If we are served with a court order to surrender data that you've stored on our servers, we will do so.


SECURITY: Although we strive for the highest level of data security, The Company does not guarantee 100% security of The Customer's data. As a result, it is strongly recommended that The Customer maintains the highest level of privacy for the password it uses for its account and takes advantage of the option to use an encryption key for its backups. THE COMPANY'S STAFF CANNOT SEE THE PASSWORD OR ENCRYPTION KEY USED, WE CAN ONLY RESET THE PASSWORD. IF YOU LOOSE THE ENCRYPTION KEY, YOU WILL BE UNABLE TO RETRIEVE YOUR DATA, WE WILL BE UNABLE TO RETRIEVE YOUR DATA AND THERE IS NO "BACK DOOR".


FORCE MAJEURE: Except for the obligation to pay money, neither party will be liable or any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.


NO LEASE: This Agreement is a services agreement and is not intended to and will not constitute a lease of any real or personal property. In particular, The Customer acknowledges and agrees that The Customer has not been granted any real property interest in the equipment, software or data centre(s) used by The Company or other Company premises, and The Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulation or ordinances.


GOVERNMENT REGULATIONS: The Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated software or information to anyone outside Canada in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the Canadian Government and any country or organization of nations within whose jurisdiction The Customer operates or does business.


ASSIGNMENT: Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party that should not be unreasonably withheld, except to a party that acquires substantially all of the assigning party’s assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.


NOTICES: Any notice or communication required or permitted to be given hereunder may be delivered personally, deposited with an overnight courier, sent by confirmed facsimile, sent by confirmed email or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party first indicated above, or at such other address as either party may provide to the other by written notice. Such notice will be deemed to have been given as of the date it is delivered, or five (5) days after mailed or sent, whichever is earlier.


RELATIONSHIP OF PARTIES: The Company and The Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between The Company and The Customer. Neither The Company nor The Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.


DEFENSE AND INDEMNIFICATION: The Customer will defend The Company, its directors, officers, employees, affiliates and agents (collectively, the “Covered Entities”) from and against any and all claims, actions or demand brought against The Company and/or any of the Covered Entities. The Customer hereby agrees to indemnify The Company and each Covered Entity from and against all related damages, costs, fees and expenses (including reasonable attorney fees) as a result of any claims, actions or demands.


DISCLAIMER OF WARRANTIES: OFF-SITE BACKUPS ARE DESIGNED TO GIVE YOU ANOTHER OPPORTUNITY TO RESTORE DATA LOST DUE TO THEFT, FIRE OR SOME OTHER DISASTER THAT STRIKES YOUR OFFICE. THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OF BUSINESS OR REVENUE AS A RESULT OF YOU RELYING SOLELY ON OFF-SITE BACKUPS YOU DO WITH US. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Company MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, 100% SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. The Company DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THAT FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY: IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION ON LIABILITY FOR DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES. IN THOSE PROVINCES, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. YOU AGREE THAT IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN DISPUTE PURCHASED FROM US, OR, IN THE EVENT OF LIABILITY OF THE COMPANY DUE TO YOUR DECISION TO USE OUR SERVICES.


RELIANCE ON DISCLAIMER, LIABILITY LIMITATIONS AND INDEMNIFICATION OBLIGATIONS: The Customer acknowledges that The Company has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties and damages and The Customer’s indemnity obligations set forth herein, and that the same form an essential basis of the bargain between the parties.


CONDITIONS OF BREACH: Breach of this Agreement will occur if either party does not fulfill its obligations under this Agreement and such Breach is not cured within fifteen (15) days of receipt of written notice (including e-mail notices) by the other party. Specifically relating to payment of Recurring Service Fees, The Customer will be in Breach of this Agreement if The Customer fails to pay for services while continuing to use them, as in the case of renewing the Term for backup services.


REMEDIES FOR BREACH: If The Customer is in Breach of this Agreement, The Company may discontinue The Customer's ability to backup and restore The Customer's data, deactivate the backup software license in addition to other remedies available to The Company.


DISPUTE: In the event a dispute arises under this Agreement, both parties agree that each shall discuss and negotiate the issues between the parties’ authorized agents, with informal escalation within the parties’ organizations as necessary to pursue and achieve resolution as expeditiously as possible. If a resolution cannot be arrived at between the parties through informal negotiations as described, either party may, within twenty (20) days after escalation, serve the other party written demand that the dispute be submitted for expedited binding arbitration. Said demand shall set forth the nature of the dispute, an approximation of the amount in question, if any, and the nature of the remedy sought. The dispute shall be submitted to expedited arbitration in accordance with the rules and procedures for commercial arbitration of the Arbitration Association or any successor organization, and judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be the city of Toronto, Ontario.


CHOICE OF LAW AND ARBITRATION: This Agreement shall be governed by the laws of the province Ontario without regard to that province’s laws concerning conflicts of laws. The Parties hereby stipulate to exclusive jurisdiction and venue in the city of Toronto, Ontario.


This agreement becomes effective once we receive payment for your account. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.


By using the services provided by The Company you agree to the above Terms of Service.

2013 My Canadian Cloud™ | Try Before You Buy| Order Backup Now| Support | Terms of Service
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Privacy Policy: All services are rendered with the strictest of confidence. Your personal and or business information will never be shared with, or sold to, any third party.

Terms and Conditions: Prices may change without notice. A credit card and PayPal account are required for monthly billing.