Terms Of Service

 

Acceptable Use Policy

 

By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

 

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. or Canadian export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

 

Interpretation

 

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Tek-IT reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

 

Illegal Use 

 

Tek-IT servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Mp3”.

 

We will be the sole arbiters as to what constitutes a violation of this provision.

 

System and Network Security

 

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

 

Tortious Conduct 

 

No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

 

Spamming 

 

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

 

It is contrary to Tek-IT policy for customers to use our servers to effect or participate in any of the following activities:

 

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles, which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

 

To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;

 

To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Tek-IT provided server, or using a Tek-IT provided server as a mail drop for responses.

 

To falsify user information provided to Tek-IT or to other users of the service in connection with use of a Tek-IT service.

 

When Tek-IT becomes aware of an alleged violation of its Acceptable Use Policy, Tek-IT will initiate an investigation (within 24-48 hours). During the investigation Tek-IT may restrict Customer ‘s access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Tek-IT may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. Also, Tek-IT reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, Tek-IT will notify the appropriate law enforcement department of such violation.

 

Tek-IT does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

 

The Customer shall be held liable for any and all costs incurred by Tek-IT as a result of the customer’s violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that Tek-IT personnel must spend to investigate any violations.

 

Modification  

 

Tek-IT reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse any party seeking to report any violations Tek-IT’s policy may contact via e-mail: abuse@tek-it.ca

 

 

 


CUSTOMER SERVICE AGREEMENT

 

This is an agreement between you and Tek-IT regarding your use of Tek-IT’s computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Tek-IT makes the services offered by Tek-IT available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “Tek-IT” web hosting or similar services. Under this Agreement, you must comply with Tek-IT’s then current “Acceptable Use Policy,” as updated from time to time by Tek-IT, which can be viewed at: http://tek-it.ca/index.php/tos

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

 

  1. Tek-IT will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services, dedicated servers or server collocation.

 

  1. Tek-IT’s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tek-IT expressly disclaims any representation or warranty that the Tek-IT services will be error-free, secure or uninterrupted. No oral advice or written information given by Tek-IT, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

 

  1. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Tek-IT, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Tek-IT based upon the severity of the violation. Tek-IT reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Tek-IT’s then current Acceptable Use Policy, in the sole and absolute opinion of Tek-IT. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Tek-IT from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Tek-IT, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.

 

  1. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Tek-IT reserves the right to change the specified rates and charges from time to time.

 

  1. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Tek-IT will not change passwords to any account without proof of identification, which is satisfactory to Tek-IT, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Tek-IT will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Tek-IT be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Tek-IT from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

 

  1. The Account Holder agrees not to harm Tek-IT, its reputation, computer systems, programming and/or other persons using Tek-IT’s services. Tek-IT reserves the right to select the server for Account Holder’s website for best performance. The Account Holder understands that the services provided by Tek-IT are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it’s website. Tek-IT will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Tek-IT has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Tek-IT and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by Tek-IT The terms of this Section will survive any termination of this Agreement.

 

  1. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Tek-IT.

 

  1. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Tek-IT has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Tek-IT Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Tek-IT, Tek-IT may terminate the services being provided to the Account Holder.

 

  1. Tek-IT will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Tek-IT be liable to the Account Holder for any damages resulting from or related to any failure or delay of Tek-IT in providing access to the Internet under this Agreement. In no event shall Tek-IT be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Tek-IT under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

 

  1. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Tek-IT account may not be transferred without prior written approval from Tek-IT. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of the Tek-IT services, including any damages resulting there from, until the Account Holder notifies Tek-IT’s customer service.

 

  1. If Tek-IT assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the Tek-IT services, the right to use that Internet Protocol address will remain with and belong only to Tek-IT, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Tek-IT in its sole and absolute discretion.

 

  1. This Agreement constitutes the entire agreement between the Account Holder and Tek-IT with respect to the Tek-IT services and supersedes all prior agreements between the Account Holder and Tek-IT. Tek-IT’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

 

General Provisions

 

Governing Law.  This Agreement will be governed and construed in accordance with the laws of the Province of Ontario. Both parties agree to submit to personal jurisdiction in Ontario and further agree that any cause of action arising under this Agreement will be brought in a court in Ontario, Canada.

 

Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.  The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

 

Relationship of Parties.  No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.

 

Attorneys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys’ fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

 

  1. The Account Holder agrees to indemnify and hold Tek-IT harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Tek-IT will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

 

  1. Tek-IT may include the Account Holder’s name and contact information in directories of Tek-IT service subscribers for the purpose promoting the use of the services by additional potential clients. However, Tek-IT is not authorized to print the Account Holder’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

 

  1. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

 

  1. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Tek-IT has been forced to create its no adult sites policy for its virtual server users.

 

  1. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.

 

  1. Tek-IT may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.20. If an account holder’s account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 1.5% per month until the outstanding balance is paid in full.

 

  1. If funds from an account holder charges back for services rendered, a $25.00 charge back fee will be added to the amount charged back by the customer.

 

  1. If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.

 

  1. All accounts are subject to verification.

 

  1. You agree that Tek-IT may establish limits concerning use of any Tek-IT service offered on any Tek-IT web site, including without limitation the maximum number of days that e-mail messages will be retained by any Tek-IT service, the maximum number of e-mail messages that may be sent from or received by an account on any Tek-IT service, the maximum size of an e-mail message that may be sent from or received by an account on any Tek-IT service, the maximum disk space that will be allotted on Tek-IT’s servers on your behalf either cumulatively or for any particular service. You agree that Tek-IT has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Tek-IT service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Tek-IT service may change at any time.

 

What does Tek-IT consider “Adult Material?”

 

Any site whose revenue is gained in part or whole from its adult content.

 

Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

 

Photos or videos showing graphic violence or death.

 

Revenue-generating hyperlinks to sites who violate Tek-IT’s ‘Terms of Service’ policy #1.

Why does Tek-IT have this policy?

 

Bandwidth and Resources

A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

 

Tek-IT reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.

 

Terms of Service

 

  1. Tek-IT may only be used for lawful purposes. Customer will not store or provide any Content or User Content that: (a) violates any federal, province, state, or local law, statute, ordinance, or regulation (including, without limitation, export control, consumer fraud, unfair competition, antidiscrimination, gambling, or false advertising laws); (b) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (c) is obscene, child pornographic, or indecent; (d) violates any third party’s right of publicity or right of privacy; or (e) contains any IRC application, bots, egg drops, viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

  1. Customer will not store or provide any Content or User Content, practice any software or business methods, or use a domain name that infringes any party’s Intellectual Property. “Intellectual Property” means any and all property rights under copyright, moral right, trademark, patent, trade secret, or right of publicity law, or any other rights in works of authorship, inventions, designations of source, persona, or economically valuable information.

 

  1. Tek-IT exercises no control over the Content, User Content, or other information passing through Tek-IT.

 

  1. Tek-IT does not monitor and is not obligated to monitor the Content and User Content and has not been informed by Customer of the Content, User Content, or nature of the Content on Customer’s Website.

 

  1. Customer will not use Tek-IT hardware or service to misrepresent Customer’s identity.

 

  1. Customer will not attempt to undermine the security or integrity of, or gain unauthorized access to, Tek-IT hardware, operating systems or any other computing systems or networks.

 

  1. Customer will not attempt to use IP Address not directly assigned by Tek-IT staff. Attempting to use unauthorized IP Addresses may result in IP Conflict. Any server found using IPs, which was not officially assigned, will be suspended from network access until such time as the IP address conflict can be corrected.

 

  1. Customer will use Tek-IT’s hardware and services in accord with Tek-IT’s Acceptable Use Policy. The Acceptable Use Policy and any modifications thereof will be posted at Tek-IT’s website at: http://tek-it.ca/index.php/tos. Customer’s continued use of Tek-IT’s hardware and services constitutes Customer’s acceptance of theAcceptable Use Policy and any modifications thereof.

 

  1. If Tek-IT becomes aware of a violation of the Terms of Service, Tek-IT will investigate and may, in its sole discretion, terminate hosting under the Hosting Agreement.

 

  1. These Terms of Service may be modified at any time. Any modifications will be delivered to Customer in written form or posted at Tek-IT’s web site.  Customer’s continued use of Tek-IT’s hardware and services after modification of these Terms of Service constitutes Customer’s acceptance of the modifications.

 

  1. Customer will require Users and, if Customer is a reseller, repurchasers to agree to and abide by these Terms of Service or substantially equivalent terms.