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Canadian Net Terms of
Service
Terms of service vary, depending on the type of account chosen.
99.5% Uptime Guarantee:
A. We will provide connection of the Canadian Net system to the Internet, including all telecommunications equipment and connections to provide public access on a 24-hour-a-day, 7-day-a-week basis. We will provide a discount of 1 day for each hour that our system is unavailable, up to a maximum of 1 month, except for scheduled maintenance downtime and any interruption to connection and access beyond our control caused by, for example, acts of nature, third-party equipment, denial of service attacks, or security breaches. We will perform maintenance services as we determine reasonably necessary to maintain the continuous operation of the system. You agree to periodically-scheduled maintenance downtime periods. We will provide prior notice of the maintenance downtime, except when circumstances beyond our control limit our ability to do so.
Shell only accounts are excluded from this policy, as well as ANY account running an IRC related program.
Payment Policies:
A. Orders processed once paid in full. We accept Visa, MasterCard, Cheques and money orders. Statement shows payment to: Canadian Net. All hosting accounts are billed quarterly.
B. Canadian Net INCLUDES all applicable sales taxes
C. All sales and services are final
D. You will pay us a monthly Service Fee for the services we provide under this Agreement according to our current Price Schedule, which is available on our home page or upon request. The Service Fee is billed to you at the beginning of service and is due on that date for each pay period (monthly, quarterly, yearly) applicable. The Service Fee is subject to adjustment, with notice, according to the current Price Schedule.
E. Cancellation. In the event you cancel your service, you will be charged in full for the entire period in which you canceled your service.
You therefore must notify us BEFORE your due date.
F. Breach. In the event we terminate this Agreement because of a breach, you will be charged in full for the entire period in which the breach occurred.
General Conditions of Service, Service Agreement and Acceptable Use Policy ( All accounts)
A. It is each user's responsibility to know the Acceptable use policy of Canadian Net, and abide by it accordingly.
B. You will not use Canadian Net services to scan for or install any exploit on any computer system. Your account will be terminated immediately if you do so.
C. You are responsible for maintaining the confidentiality of your password and account. And You are fully responsible for all activities that occur using your password or account.
D. Canadian Net is responsible for and shall provide its Subscribers primary (first level) support relating to network access. We can not provide technical support on third party software downloaded from the internet. Subscriber acknowledges that Canadian Net may from time to time need to interrupt its delivery of services for maintenance or other operational reasons and that Subscribers shall not be entitled to any compensation for such interruptions and that Canadian Net will use reasonable efforts to provide notice to Subscriber of all such interruptions.
E. You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access us. We make no representations, warranties, or assurances that your equipment will be compatible with our
service. As well, subscriber is responsible for all telephone charges incurred accessing the service, or technical support. Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, reallocations, repairs, and similar activities necessary for the proper operation of Canadian Net.
F. Canadian Net reserves the right, at its sole discretion, to allow or not allow the use of any servers in conjunction with service including, but not limited to electronic mail, NAT, WEB, DHCP and DNS servers. Canadian Net may install firewall equipment, or limit access to any service, at its sole discretion.
G. The services of Canadian Net may only be used for lawful purposes. Transmission of material is subject to compliance with any applicable laws and regulations. This includes, but is not limited to: copyright material, harassing, threatening, obscene or libelous material, or material protected by trade secret. You agree to indemnify and hold harmless Canadian Net from any claims or costs resulting from your use of this service, which damages, or alleges to damage you or another party. At our sole discretion, we may revoke your access for inappropriate usage.
H. If you use another organization's networks or computing resources, through Canadian Net, you are subject to their respective permission and usage policies. These policies relate to the use of such services as electronic mail, news postings, file transfers, Telnet or rlogin accesses, and World Wide Web server access.
I. Use of any information obtained via this service is at your own risk. Canadian Net is not responsible for the accuracy, quality, or content of information obtained through our services. Please understand that all information installed on our servers, shall be considered publicly accessible. Important and private information should be protected by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
J. Customers are prohibited from using Canadian Net’s Service or permitting their End-Users to use it so as to prevent a fair and proportionate use by others or to interfere with their use by others.
K. Zero tolerence to spam and spammers. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Also forbidden are referrals to Canadian Net hosted sites in such emails. Malicious or threatening email is also prohibited. Such material may only be sent to those who have specifically requested a single mailing, or you have a prior business arrangement. Canadian Net may apply limits to the maximum number of e-mail messages that may be sent from or received by an account on the Service, a maximum size of any e-mail message that may be sent from or received by an account on the Service, and a maximum amount of disk space that will be allotted for your e-mail. Forging address headers onto a piece of e-mail (commercial or otherwise) that is sent directly or through either our e-mail server or another system's e-mail server is considered a violation of these terms and the account will be terminated without recourse or refund. This includes 'cloaking' or any other means used to "hide" or "misguide" the recipient into believing that the e-mail originated from another person or address. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement.
L. Canadian Net will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Canadian Net's judgment as to the validity of any court order of subpoena shall be considered proper and final. Notwithstanding the above, Canadian Net reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, pornography, postings or e-mail containing threats of violence or other illegal activity.
M. Any account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. If an account is disabled, the regular monthly fees still apply.
N. Control and Ownership of IP. We maintain and control ownership of all IP numbers and addresses that may be assigned to you, and we reserve, in our sole discretion, the right to change or remove any and all IP numbers and addresses.
O. Excessive CPU Usage. Customers who use, in our discretion, CPU processing capacity on Canadian Net servers in excess of the designed processing capacity will be subject to immediate deactivation.
Shell Account/ Web hosting Subscriber Agreement
A. Shell accounts must be paid for in advance with a cheque, money order, VISA MasterCard or AMEX in a minimum of 3 month allotments. An invoice will be mailed to you for your records if requested. Once payment is received, an account will be setup and you will be notified of the account information and creation. If you plan to run ANY IRC related program, you must make us aware, such programs are ONLY allowed on a designated server.
B. Do not ABUSE the system or your connection to the Internet through this system. Abuse includes, but is not limited to, hacking, spamming, mail bombing, ICMP bombing, etc. Abuse will not be tolerated in, on, or through this system. Bots WILL NOT run any sort of flood or war scripts, if an IRC OP notifies us of any abusive action or channel takeovers on the part of your bot, your account will immediately be suspended. No process will be allowed to consume large amounts of system resources (CPU time, bandwidth, etc. i.e. 98% of the CPU).
C. The general terms and conditions shall apply.
D. Although we will make reasonable efforts to protect and backup data for you on a regular basis, we are not responsible for the Client Data residing on the Server. You are ultimately and solely responsible for the backup of Client Data stored on your Accounts.
Hosting/Virtual and Dedicated Server Agreement
When Contracting a server at Canadian Net you are agreeing to the following rules and conditions, and we're agreeing to the following services.
A. We will provide the Physical Servers and other computer and operating-system software to operate and support the Dedicated/Virtual Server in a manner acceptable in the industry. Although we will make reasonable efforts to protect and backup data for you on a regular basis, we are not responsible for the Client Data residing on the Dedicated/Virtual Server. You are ultimately and solely responsible for the backup of Client Data stored on your Dedicated/Virtual Server.
B. Physical Server Set-Up and Updating. We will configure the Dedicated/Virtual Server, and Client will load the Client Data onto the server computers so as to create a fully functional Internet presence. After the Dedicated/Virtual Server is loaded, set up with the Client Data, and is fully operational, Client will be responsible for all Web Server content management.
C. Support Questions. If you have a question , you can get help by emailing support@canadian.net.
D. Compliance with Law. You represent and warrant that you will comply with all applicable state, provincial or federal laws in your performance of this Agreement and in the use and operation of the Dedicated/Virtual Server, including laws governing technology, software and trade secrets.
E. Authority to Contract. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement. You certify that you are at least 18 years of age.
F. Non-Infringement. You represent and warrant that your performance of this Agreement and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party.
G. Our Performance. We represent and warrant that our services shall be performed in a professional and workmanlike manner, and the computer servers will be operated in accordance with our obligations as defined by this Agreement.
H. Special Lien on Personal Property. We retain a special lien on all of your personal property in our possession to secure any payment amount you may owe us under this Agreement.
I. We acknowledge that all right, title and interest in the Client Data shall be solely owned by the Client. We own or have licensed all server software. In the event that we elect, at our option, to provide custom software to you, this software will be licensed to you for use only on our Dedicated/Virtual Server on a non-exclusive, royalty-free, fully-paid basis according to the terms of this Agreement.
J. You may resell space on your own Dedicated/Virtual Server but you must first obligate any such resale to the same terms of this Agreement and incorporate into that resale all of our rights, including our rights regarding content and activity.
K. Transfer. You may not transfer or assign this Agreement without the written consent of Canadian Net.
DISCLAIMER OF WARRANTIES.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, WE MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT.
You expressly agree that use of our service is at your own risk. Neither we, our employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warranty that our service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, will we, our officers, agents or anyone else involved in creating, producing or distributing our service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. You acknowledge that this paragraph shall apply to all content on our systems.
Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount which you paid during the 12-month period prior to the date the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue.
Canadian Net reserves the right to revise the Terms & Conditions of Service (Service Agreement), billing rates, charges and services provided under this Agreement.
This Agreement will be interpreted and applied in accordance with the laws of the province of Ontario.
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