Terms of Use Policy
1. SERVICE.
ARTEC Interactive will sell and Customer will purchase certain Services. ARTEC Interactive Services are defined as the use by the Customer of computing, telecommunications, software, and information services provided by ARTEC Interactive. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
a. Web Hosting Service means - Any act of serving the Customer, being provided by ARTEC Interactive, regardless of its duration and whether it's a paid service or a service for free. The Services are provided "as is" and "as available" without warranties or conditions of any kind.
b. Without limiting the scope of item 1.a. above, ARTEC Interactive will provide services on its host computing systems to individual Customers in exchange for payment of fees and compliance with the terms and conditions of this document.
c. Connectivity Service means connection of the customer to the Internet via a telecommunications facility.
2. DOMAIN NAME REGISTRATIONS. ARTEC Interactive's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). ARTEC Interactive does not and cannot guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission.
a. ARTEC Interactive will submit application to the Registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information will be submitted to Tucows, ICANN and/or CIRA; the holders of your owner information. Be advised that upon registering a domain name with Tucows, ICANN and/or CIRA you will be subject to the Terms and Conditions of these organizations, or other registries as applicable.
3. TERM. The term of use are monthly, quarterly, semi-annually or annually or otherwise as agreed upon. The Customer's Web Hosting services will be automatically renewed on the final day of the Term unless terminated in accordance with Section 5.
4. TRAFFIC RESTRICTIONS (Bandwidth). For nearly all of our business customers, there will be no practical limit on the amount of traffic through your web site. (Among our business customers, over 99% currently use less than 2GB of traffic per month.) For the 1% of our customers who have heavy traffic requirements, you will be charged for excess traffic above certain limits:
TERMS/RATE CHANGES
Rates and Terms are subject to change.
5. CANCELLATION POLICY
a. For Cause. Either party may terminate the Customer's Services for cause without penalty in the event that the other party breaches any material term of this Policy, including but not limited to Section 6 of this Policy. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate, which shall clearly describe the problem(s) constituting cause. Customer shall cooperate with ARTEC Interactive in enforcing this Terms of Use Policy or available from ARTEC Interactive at Customer's request. You can cancel your subscription either by e-mail or by filling out this form at: http://www.artec.net/en/cancel.html
b. For Convenience (Month-to-Month Contract customers). Customer may terminate their Services at any time for convenience after giving ARTEC Interactive written notice 30 days before the following payment period. Customer is refunded the amount for unused time within 3 weeks. No penalties are incurred.
c. For Convenience (Quarterly, Semi-annually or Annual Contract customers). Customer may terminate Services at any time for convenience by giving ARTEC Interactive at least 30 days written notice. In the event of such termination, Customer is refunded the amount for unused time. However, discounts will no longer be applicable if there is a cancellation; we will refund unused time and payment for time used will be the regualr rate.
d. Domain names can not be reimbursed.
6. ABUSE OF SERVICES. Any use of ARTEC Interactive system resources that disrupts the normal use of the system for other ARTEC Interactive customers is considered to be an abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to:
- Spamming or mass emailing using internal or external mail and/or news servers.
- Illegal, criminal or malicious activities.
- Transmission of any material in violation of any International, National, or Local jurisdictional law or regulation, to include, by not limited by, copyrighted material, threatening or obscene material, or material protected by trade secret.
- Any other activity or activities that ARTEC Interactive in its sole discretion determines is unethical or damaging to our other customers, users of the Internet, ARTEC Interactive's Network or to our corporate reputation.
- Propagation, support for, creation of or deliberate attacks by any Virus or Worm
- Giving false information to obtain access to the Company's system and/or purchase any service. Any other activity or activities that ARTEC Interactive in its sole discretion determines is unethical or damaging to other customers, users of the Internet, ARTEC Interactive's Network or to our corporate reputation.
- Without limiting the scope of the above, ARTEC Interactive forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy, the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
- Spawning dozens of processes
- Consuming excessive amounts of memory or CPU for long periods of time
Account Abuse
Defined as those many and varied activities that would commonly be termed abusive by computer professionals. These would include, but are not limited to:
- Modification of, or tampering with, files not owned by the user. Attempts to examine files that contain sensitive information not normally to be viewed by system users.
- Attempts to use system resources not normally available to users.
- Attempts to reduce the systems security, or to hamper the normal functioning of the system. (Note: The modification of sensitive files is considered acceptable when occurring under the normal function of common user programs designed to modify or examine those files, such as the password program.)
- Attempts to violate or affect the rights of others.
- Attempts to make publications that are threatening or defamatory or otherwise injurious to the business or reputation of others.
- Attempts to violate the law.
Attempts to misuse the proprietary information, intellectual property or property of others for their for their own purposes.
e-Mail SMTP Acceptable Use
- Using any facet of the ARTEC Interactive network for unsolicited e-mailings (SPAM) is prohibited
- Maintaining an open SMTP relay is prohibited
- No more than 100 individual e-mail transmissions per day may be sent from any one POP account and/or ARTEC Interactive IP address using a shared ARTEC Interactive SMTP server.
Depending on the nature and the severity of the abuse, the user may receive an e-mail warning or have his/her account suspended by ARTEC Interactive Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with ARTEC Interactive Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Customer.
Unethical and criminal offenses are violations of ARTEC Interactive conditions of use. You are expected to report to ARTEC Interactive any information you may have concerning instances in which the conditions of use have been or are being violated. When ARTEC Interactive becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, ARTEC Interactive may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.
7. BILLING. Customer is responsible for all applicable charges for services rendered, as set forth in the Hosting pricing structure, as detailed at http://www.artec.net at time of order submission, plus (if any ) all applicable taxes. Web Hosting is a pre-paid service. Invoicing for Web Hosting Services is delivered after the charge has already been applied to the credit card provided. If Customer is paying by check or money order, Customer will be invoiced in advance of payment due. Customer is required to pay in a minimum of three-month increments when paying by check or money order. Invoices may be delivered by email, fax or mail. Service interruption does not relieve Customer from the obligation to pay the monthly charge. Additional fees may apply for NSF payments, reactivations, terminations, and changes of service. Accounts are in default if payment is not received within 30 days after day of invoice. If Customer defaults, Customer agrees to pay ARTEC Interactive its reasonable expenses including solicitor and collection agency fees, incurred in enforcing its rights under this Agreement. Accounts in default are subject to an interest charge of 1.5% per month (19.56%. per annum).
8. USE OF NETWORK. ARTEC Interactive Services are for the exclusive use of the Customer as contemplated by this Terms of Use Policy and is restricted by the Terms of Use Policy. ARTEC Interactive reserves the right to amend the Terms of Use Policy from time to time. Customer acknowledges that it has read the Terms of Use Policy in effect at the date hereof.
9. IP ADDRESSES. ARTEC Interactive maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
10. CUSTOMER RESPONSIBILITY. It is ARTEC Interactive's responsibility to install and maintain all ARTEC Interactive's hardware, software and Network Infrastructure. Customer will have sole responsibility for ensuring that any additional software and services are compatible with ARTEC Interactive's requirements and that they continue to be compatible with any modifications to any of the Services by ARTEC Interactive from time to time. ARTEC Interactive, at its sole discretion may deny any additional software application installations.
11. AGE OF MAJORITY. ARTEC Interactive cannot accept agreements and payments from persons under the age of 18 years. Therefore, ARTEC Interactive requires that its agreements be made with a person who is qualified to contract. As such, the Customer must be over the age of 18 years. Otherwise, a parent or guardian must accept the Terms of Use Policy and ensure the proper payment.
12. MODIFICATIONS. ARTEC Interactive may, from time to time, modify the charges (including late payment charges) or any other term or condition of the Web Hosting services provided that it gives the Customer at least 30 days advance written notice. Customer shall have the option to continue their Web Hosting services at the new charge or terminate their Web Hosting services upon giving written notice to ARTEC Interactive prior to the expiration of the 30 day period referred to above.
13. MISCELLANEOUS. This Terms of Use Policy shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada as applicable therein. ARTEC Interactive may assign its rights and obligations under this Terms of Use Policy without your prior written consent. The Customer may not assign their Web Hosting services without the prior written consent of ARTEC Interactive, such consent not to be unreasonably withheld. This Terms of Use Policy remains binding upon the parties and their respective heirs, executors, trustees, successors, and assigns.
14. DATA, PROTECTION. Customer acknowledges having read ARTEC Interactive's Privacy & Security statement in effect at the date hereof, available at http://www.artec.net/ra/privacy.html
15. LIMITATION OF LIABILITY. In no event will ARTEC Interactive be liable for:
a. incidental, indirect, special or consequential damages or,
b. any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this Terms of Use Policy or the use or performance of ARTEC Interactive Services, whether in action or of contract or tort including but not limited to negligence. ARTEC Interactive's liability for damage to property shall be limited to physical damage directly caused by the sole negligence of ARTEC Interactive and in no event shall exceed the charges associated with the provision of the Services. No action may be brought under this Terms of Use Policy more than two (2) years after its termination, or in the event of default by one of the parties, more than two (2) years after such default has come to the notice of the other party.
16. INDEMNIFICATION. The Customer hereby covenants and agrees to indemnify, defend and save harmless ARTEC Interactive and its Partners, employees, legal representatives, successors and assigns, and each of them, from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, judgments, losses, damages, costs, charges, lawyers' fees, and other expenses of every nature and character by reason of the Partner's business and/or actions in respect of this Terms of Use Policy. The Partner further covenants and agrees that the provisions contained in this Section 16 shall survive the termination or earlier expiration of the Customer's Web Hosting services and shall be liberally construed in favour of ARTEC Interactive.
17. FORCE MAJEURE. ARTEC Interactive shall not be liable for any loss, damage, delay or failure to perform whole or in part resulting from causes beyond ARTEC Interactive's control, including, but not limited to, war, acts of terrorism, fires, earthquakes, strikes, delays in transportation, or requirements of any government agency.
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