Terms of Service – Acceptable Use Policy
The Acceptable Use Policy described below defines the actions that we consider to be abusive and strictly prohibited. There are no exclusions in this listing. Please be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPPs) and their users on behalf of V3 Mediaworks to advertise any service hosted by V3 Mediaworks or connected via the V3 Mediaworks Network. Such services are not to be advertised by way of deceptive marketing policies.
In this policy ‘we’ will refer to V3 Mediaworks, while ‘the customer’ will refer to you either as an individual account holder or as a company.
1.0 Policy Objective
This policy has been formulated with the following goals in mind:
1.1 To ensure security, reliability and privacy of our systems and network, and the networks and systems of others.
1.2 To avoid situations that may cause us to incur civil liability.
1.3 To maintain the image and reputation that we hold as a responsible organisation.
1.4 To preserve the value of Internet resources as a conduit for free expression.
1.5 To encourage the responsible use of net resources, discouraging practices that degrade the usability of network resources and thus the value of Internet services.
1.6 To preserve the privacy and security of individual users.
The examples named in this list are non-exclusive, and are provided solely for guidance to our customers. If you are unsure whether any contemplated use or action is permitted, please send an email to email@example.com and we will assist you within 48 hrs of receiving the email. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by us, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies.
2.0 Network Security
2.1 Customers may not use our network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy.
2.2 Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to: flooding, mail-bombing, or other deliberate attempts to overload or crash a host or network.
2.3 If your site is the initiator or target of a denial of service attack that adversely affects our own or somebody else’s network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
2.4 We will co-operate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.
2.5 We reserve the right to charge up to $500 CDN per complaint to investigate.
3.0 Customer Spamming Policy
We have a zero tolerance for spam originating from our customers, whether directly or indirectly.
3.1 We have the right to charge $200 CDN per complaint to investigate a possible case of spamming from our servers.
3.2 We do not deal with your customers.
3.3 If we get a first complaint, we will forward it to you at the most recent contact information we have supplied by you. If we don’t receive a response indicating the complete resolution of the complaint within 24 hours, we may suspend the account involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from our network, but also that advertises sites hosted on our network. If we get repeat complaints and it is clear that the problem has not been resolved, we may further suspend the account involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
3.4 We reserve the right, to suspend any account involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
3.5 If you, or your clients, have been deemed to have sending spam from the V3 network, or advertising a website hosted on the V3 network, V3 has the right to charge $100 CDN per complaint for cleanup and for time spent investigating the incident.
3.6 In the event that an email account has been compromised and is being used to send spam, we will immediately suspend access to that email account, and in some cases, the control panel as well to ensure that the password is not reset back to the compromised password. Client’s shall be responsible for all costs related to the cleanup and restoration of services resulting from any hack or exploit using a client’s email account, whether intentional or not. PASSWORD SECURITY IS THE RESPONSIBILITY OF THE CUSTOMER.
4.0 Your obligation
4.1 You must provide us with current contact information for you, and advise us of any changes.
4.2 You must pay all debt outstanding to us.
4.3 You must promptly investigate and deal with any notifications of outdated or insecure scripts and applications, spam or other abuse complaints forwarded to you.
4.4 The security of the scripts and applications installed on your website are your responsibility. Any damage caused by insecure, outdated, or exploited scripts on your website may result in maintenance and cleanup charges of $85/hr CDN for any damage related to the use of data or scripts on your website. Failure to maintain updates on your website software may result in suspension of your website without further notice.
4.5 You are solely responsible for the safety and security of your accounts and the protection of your passwords. Any unauthorized access to accounts or secure areas using your login information may result in maintenance and cleanup charges of $85/hr CDN for any damage related to the use of those accounts for any purpose whatsoever.
4.6 You are solely responsible for any 3rd party costs related to remediation or cleanup resulting from your account being hacked, used for spam, or any exploited scripts.
4.7 You are solely responsible to remove any unused email accounts if your MX records point to a different email provider. As this is a potential security risk, V3 may remove any email accounts and/or forwarders after 45 days of dormancy without further notice.
5.0 Bandwidth Charges
5.1 All accounts exceeding the usage limits of their accounts will be charged for bandwidth overage. No exclusions will be made for excessive usage as a result of hacks, attacks, or viruses.
6.0 General Conduct
6.1 Customers are prohibited from transmitting on or through any of our services, any material that is, in our sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law.
6.2 Our services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. We reserve the right to remove such illegal material from its servers.
6.3 The customer is responsible for keeping billing data up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
6.4 The resale of our products and services is not authorised, unless specifically permitted and documented in a reseller agreement.
6.5 Other prohibited uses:
- Unauthorized or excessive use. Use may be excessive if it overburdens a network, results in substantial use of system capacity, or otherwise subjects V3 to increased costs or risks (employees additionally may be subject to discipline for unauthorized or excessive personal use of computer resources.)
- Uses that unreasonably interfere with the ability of others to make use of V3’s resources.
- Attempting to gain or gaining unauthorized access to the computer system or files of another.
- Use of V3 computer resources to infringe the intellectual property rights of others.
7.1 Customers agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided.
7.2 Customers agree that all set-up fees are non-refundable once set-up is completed.
7.3 Customer is aware that if you are paying by credit card, pre-payments will be billed and charged automatically, and that we may apply the amount due to the provided card at any time.
7.4 Customer understands and agrees that we shall not be responsible for any charges or expenses that the customer may incur resulting from overdrawing the customer’s bank account or exceeding the customer’s credit card limit as a result of an automatic or manual charge generated by V3 pursuant to this authority.
7.5 Returned cheques will incur an administrative fee of $20 CDN.
7.6 Timely payment is crucial. All accounts that are past due by more than 60 calendar days are subject to a late fee of 2% of the outstanding balance and/or interruption of service(s) without further notice. With all disconnections, a $10 CDN reinstatement fee may apply to reactivate the service(s) again.
If the customer’s account is in default and their account is sent to a collection agency, the customer will be responsible for any collections fees that may apply.
8.1 We reserve the right to cancel our service(s) to the customer at any time which will take effect 1 month from the day the customer is informed via mail or fax. All fees paid in advance of cancellation will be pro-rated and refunded to customer if we initiate our right of cancellation and the customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or a breach of the Terms and Conditions, then the customer agrees that no refund is due.
8.2 Due to protection concerns, all account cancellations must be received by mail or fax (on company letterhead) or by email from the person responsible for the account. All cancellations are subject to verification.
8.3 Third party cancellations are not accepted.
8.4 We require 30 days for cancellation of service. No unused portions of unused hosting time shall be refunded.
8.5 We reserve the right to suspend and/or cancel our service(s) without notice or remuneration to any customer who knowlingly permits the operation of or access to insecure scripts or applications on their website or any customer who repeatedly has their accounts hacked or accessed without authorization using the customer’s credentials.
9.1 We are not responsible for any damages your business may suffer.
9.2 We do not make implied or written warranties for any of our services.
9.3 We also deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.
9.4 The Customer will not use our network or space provided to violate any law. In the event that the Customer violates existing law, we shall have the right to terminate all service set forth in this Agreement. In the event that we are informed by government authorities of inappropriate or illegal use of our facilities or other networks accessed through us, we may terminate the Customer’s service.
9.5 We will co-operate fully with investigations of violation of systems or network security at other sites.
9.6 We will co-operate with law enforcement authorities in the investigation of possible criminal violations
9.7 Customers who violate systems and/or network security may incur in criminal or civil liability.
9.8 We reserve the right to amend its policies at any time. Revisions to this agreement will be posted on our website.
You will be held responsible for the actions of your clients in the matter described on these Terms and Conditions.