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Legal Information
IDWeb.ca Acceptable Use and Service Guidelines
General
These
IDWeb.ca Acceptable Use Guidelines ("Usage Guidelines") describe
the proper kinds of conduct and prohibited uses of IDWeb.ca's hosting
services (the "Services"), as described and subscribed to pursuant
to the Hosting Agreement posted at www.IDWeb.ca (the "Hosting Agreement").
These Usage Guidelines are not exhaustive and IDWeb.ca reserves the right
to modify these Usage Guidelines at any time, effective upon posting of
the modified Usage Guidelines to www.IDWeb.ca By registering for and using
the Services, and thereby accepting the terms and conditions of the Hosting
Agreement, you agree to abide by these Usage Guidelines as modified from
time to time. Any violation of these Usage Guidelines may result in the
suspension or termination of your account or such other action as IDWeb.ca
deems appropriate, which is described further in the Hosting Agreement.
1. YOUR GENERAL RESPONSIBILITIES
The
Services enable you to develop and display a Web site through which you
can interact with users of the Internet and retrieve and send vast amounts
of information. Generally, IDWeb.ca will not actively monitor, censor,
or directly control any content that is or will be displayed on your Web
site(s) or information that you collect or use through your Web site(s).
IDWeb.ca, however, provides the Services with the goals of (a) ensuring
security, reliability and privacy of the Services and the users of the
Services, (b) maintaining an image and reputation of IDWeb.ca as a responsible
provider of the Services, (c) preserving the value of Internet resources
as a conduit for free expression, (d) encouraging the responsible use
of Internet resources and discouraging degrading, libelous or illegal
uses of such resources. Consequently, IDWeb.ca expects you, and all other
users of the Services, to take responsibility in using the Internet with
courtesy and responsibility, and be familiar with and to practice good
Internet etiquette, in furtherance of the above stated goals.
VIOLATION
OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM IDWeb.ca
ACCORDING TO THE HOSTING AGREEMENT. YOU WILL REMAIN SOLELY LIABLE AND
RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT
YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES.
"CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES,
PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS IDWEB.CA'S POLICY TO TERMINATE
REPEAT INFRINGERS.
2. ILLEGAL OR HARMFUL USE
You
may use the Services only for lawful purposes. Transmission, distribution,
sale, or storage of any material in violation of any applicable law, regulation,
or these Usage Guidelines is prohibited. The following non-exhaustive
list details the kinds of illegal or harmful conduct are prohibited. IDWeb.ca
reserves the rights to restrict or prohibit any and all uses of the Services
or content on your Web site(s) and to remove such materials from its servers,
which IDWeb.ca determines in its sole discretion is harmful to its servers,
systems, network, reputation, good will, other IDWeb.ca customers, or
any third party.
Infringement.
Infringement of intellectual property rights or other proprietary rights
including, without limitation, material protected by copyright, trademark,
patent, trade secret, or other intellectual property right used without
proper authorization. Infringement may result from, among other activities,
the unauthorized copying and posting of pictures, logos, software, articles,
musical works, and videos.
Offensive
Materials. Transmission, disseminating, sale, storage or hosting material
that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, and invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable.
Export Violations. Posting or sending of software or technical information
in violation of Canada export laws, including, without limitation, the
Export Administration Act and the Export Administration Regulations maintained
by the Department of Commerce.
Harmful
Content. Disseminating or hosting harmful content including, without limitation,
viruses, Trojan horses, worms, time bombs, cancelbots or any other computer
programming routines that may damage, interfere with, surreptitiously
intercept or expropriate any system, program, data or personal information.
Fraudulent
Conduct. Offering or disseminating fraudulent goods, services, schemes,
or promotions (i.e., make money fast schemes, chain letters, pyramid schemes),
or furnishing false data on any signup form, contract or online application
or registration, or the fraudulent use of any information obtained through
the use of the Services, including without limitation use of credit card
numbers.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations
of IDWeb.ca's or any third party's server, system or network security
through the use of the Services are prohibited, and may result in criminal
and civil liability. IDWeb.ca may investigate incidents involving such
violations. IDWeb.ca may involve and cooperate with law enforcement if
a criminal violation is suspected. Examples of server, system or network
security violations include, without limitation, the following:
Hacking.
Unauthorized access to or use of data, systems, server or networks, including
any attempt to probe, scan or test the vulnerability of a system, server
or network or to breach security or authentication measures without express
authorization of the owner of the system, server or network.
Interception.
Unauthorized monitoring of data or traffic on any network, server, or
system without express authorization of the owner of the system, server,
or network.
Intentional
Interference. Interference with service to any user, host or network including,
without limitation, mail bombing, news bombing, other flooding techniques,
deliberate attempts to overload a system, broadcast attacks and any activity
resulting in the crash of a host. Intentional interference also means
the use of any kind of program/script/command, or send messages of any
kind, designed to interfere with a user's terminal session, via any means,
locally or by the Internet.
Falsification
of Origin. Forging of any TCP-IP packet header, e-mail header or any part
of a message header. This prohibition does not include the use of aliases
or anonymous remailers.
Avoiding
System Restrictions. Using manual or electronic means to avoid any use
limitations placed on the Services such as timing out.
Failure
to Safeguard Accounts. Failing to prevent unauthorized access to accounts,
including any account passwords.
4.
E-MAIL
You
may not distribute, publish, or send any of the following types of e-mail:
Unsolicited
promotions, advertising or solicitations (commonly referred to as "spam"),
including, without limitation, commercial advertising and informational
announcements, except to those who have explicitly requested such e-mails.
Commercial
promotions, advertising, solicitations, or informational announcements
that contain false or misleading information in any form.
Harassing
e-mail, whether through language, frequency, or size of messages.
Chain
letters.
Malicious
e-mail, including without limitation "mailbombing" (flooding
a user or Web site with very large or numerous pieces of mail) or "trolling"
(posting outrageous messages to generate numerous responses).
E-mails
containing forged or falsified information in the header (including sender
name and routing information), or any other forged or falsified information.
In
addition, you may not use IDWeb.ca's mail server or another Web site's
mail server to relay mail without the express permission of the account
holder or the Web site. Posting the same or similar message to one or
more newsgroups (excessive cross-posting or multiple-posting) also is
explicitly prohibited.
5. 99.9% UPTIME GUARANTEE
(a)
Coverage
These
IDWeb.ca Acceptable Use And Service Guidelines apply to you if you have
registered for either Hosting Services or Dedicated Hosting Services (collectively,
the "Service") and you are in good financial standing with IDWeb.ca.
(b)
Service Level
IDWeb.ca
endeavors to have the content of your Web site available for http access
by third parties 99.9% of the time ("Web Site Availability").
(c)
Credits
In
the event that there is no Web Site Availability, IDWeb.ca will credit
the following month's service fee as follows. For Hosting services, such
credit will be retroactive and will be as calculated below and as measured
24-hours a day in a calendar month, with the maximum credit not to exceed
the monthly service charge for the affected month.
Customer
Web Site Availability Credit
95%
to 99% 25%
90%
to 94.9% 50%
89.9%
or below 100%
For
Dedicated Hosting services, if the Web Site Availability is between 98.9%
and 99.9% for any particular month, the credit will be retroactive and
equivalent to the difference between the guaranteed level of availability
of the customer's services during the month and the calculated actual
level of availability of the customer's services, multiplied by the actual
charges incurred by the customer for the services during that month period.
In addition, for Dedicated Hosting services, customers may be entitled
to additional credits as calculated below and as measured 24-hours a day
in a calendar month, with the maximum credit not to exceed fifty percent
(50%) of the monthly service charge for the affected month.
Minutes
of continuous downtime Credit
Minutes
of continuous downtime Credit
60
25%
Three
60 minute intervals or more 50%
In
order for you to receive a credit on your account, you must request such
credit within ten (10) business days after you experienced no Web Site
Availability. You must request credit by sending an electronic mail message
to support@IDWeb.ca For security, the body of this message must contain
your account number, the dates and times of the unavailability of your
Web site, and such other customer identification requested by IDWeb.ca.
Credits will usually be applied within sixty (60) days of your credit
request. Credit to your account will be your sole and exclusive remedy
in the event that there is no Web Site Availability.
(d)
Restrictions
Credits
will not be provided to you in the event that you have no Web Site Availability
resulting from (i) scheduled maintenance as posted from time to time at
IDWeb.ca.ca, (ii) your behavior or the performance or failure of your
equipment, facilities or applications, or (iii) circumstances beyond IDWeb.ca's
reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other
labor 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 your Web site.
6. NEXT BUSINESS DAY GUARANTEED PROVISIONING FOR DEDICATED SERVERS
(a)
Coverage
IDWeb.ca's
Next Business Day Guarantee will only apply to those standard, pre-configured
Dedicated Servers specifically noted as subject to the Next Business Day
Guarantee on the IDWeb.ca.ca web site ("Covered Servers"). This
guarantee does not apply to non-standard configurations, such as changing
RAID levels, and other add-on features. IDWeb.ca retains the right to
add or delete Dedicated Servers from the Next Business Day Guarantee,
at any time without notice, or cancel the Next Business Day Guarantee
at any time without notice.
(b)
Guarantee
For
those Covered Servers described in (a) above, IDWeb.ca will Provision
such servers by the Next Business Day of receiving a customer order, once
such customer order has been confirmed and any necessary credit checks
have been performed. Next Business Day will mean that, for those customer
orders for Covered Servers received and confirmed (including any necessary
credit checks) by 6:00 p.m. Pacific Standard Time during a Business Day,
the Covered Server will be Provisioned by 6:00 p.m. Pacific Standard Time
the following Business Day. Business Day will mean Monday through Friday,
excluding the following holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas
Day. Provision will mean that IDWeb.ca has generated an E-mail to the
customer with the proper information to enable the customer to send and
receive information from and to the Covered Server.
(c)
Credit
If
IDWeb.ca is unable to meet the Next Business Day Guarantee as described
in this Section 6, IDWeb.ca will issue a credit or refund of One Hundred
Dollars ($100.00) of the Set-up fee described for the Covered Server on
IDWeb.ca.ca. Such credit may be applied to future months service fees
in IDWeb.ca's discretion.
If
IDWeb.ca is unable to meet the Next Business Day Guarantee as described
in this Section 6, IDWeb.ca will issue a credit or refund of One Hundred
Dollars ($100.00) of the Set-up fee described for the Covered Server on
IDWeb.ca.ca. Such credit may be applied to future months service fees
in IDWeb.ca's discretion.
(d)
Restrictions
Credits
will not be provided to you in the event that you do not have your Covered
Server Provisioned by the Next Business Day resulting from (i) your behavior
or the performance or failure of your equipment, facilities or applications,
or (ii) circumstances beyond IDWeb.ca's reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor 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 your Web site.
INDIRECT
OR ATTEMPTED VIOLATIONS OF THE USAGE GUIDELINES, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS
OF THE USAGE GUIDELINES BY YOU.
If
you want to report any violations of these Usage Guidelines, please contact
abuse@idweb.ca
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