This MANAGED VPS HOST AGREEMENT is established between a client and Ataraxis Web Design, hereafter referred to as “Ataraxis”. Upon activation of the managed virtual private server host portion of your account this agreement governs terms of use of server disk storage and bandwidth usage. This agreement will cease when your service is canceled.
Transmission, distribution and storage of any electronic data that violates Canadian laws or regulations is prohibited. This includes, but is not limited to copywritten text, trademarked material unless otherwise approved by a trademark owner or rightfully acknowledging trademark owners, or any other statutes. It is within our rights to remove infringing data from servers.
This agreement forbids use of our host servers to store, transmit, or distribute any form of graphical or textual obscene or pornographic material, any form of electronic data that promotes or depicts hatred, pirated software, bit torrent content, music or video files of which you are not the lawful copyright owner, or other forms of electronic data which is deemed to be unacceptable. Domain activities indicating participating in, or facilitating of such practices, will have their account closed immediately without notice. All accounts closed due to VPS host service agreement violations will forfeit rights to a refund of unused portions of a yearly managed VPS host term of agreement.
Use of disk storage space and bandwidth to transfer electronic data is designated for conventional business domain use purposes only. It is not intended to be used as a source of electronic data storage of a personal nature.
Ataraxis acknowledges domain owner rights to maintain an opt-in email list for ethical business practices. However, unsolicited email (SPAM) is strictly prohibited from being sent from domains hosted on its servers. Clients that are participating in, or facilitating, the sending of SPAM will have their service agreement terminated immediately. In these instances all managed VPS host service fees paid by a Client will be forfeited.
Furthermore, all Clients will be held responsible for SPAM transmitted from their domains through our servers. This includes SPAM transmitted by a domain owner, a domain owner's clients, or employees. Any cost incurred by Ataraxis as a result of SPAM activities of that nature will be billed to your account. If SPAM results from an automated script originating from your domain then you may not be held responsible. This is a managed service in which case it becomes a responsibility of Ataraxis to ensure server security in the normal course of our service. However, if it is determined that you, your client, or employee purposely placed such a script into your directory then you will be held responsible.
Clients using our managed VPS servers may not use excessive CPU, RAM, or bandwidth resources. Clients are not permitted to run background processes or daemons on our servers. If such activities are detected and you have not had previous authorization your account will be canceled and you will forfeit any refunds for the remaining unused portion of your managed VPS host agreement term. Furthermore if your inappropriate use of our VPS servers goes undetected for a period of time and it results in physical damage to our server equipment, or infringes on domains of other businesses hosted on our servers in any way your account will be canceled. You may also be held liable for damages; physical or otherwise.
If anyone obtains access to your domain, either because of intentional distribution of account information or through all other means, you are liable for all damages caused by an intruder. If you know someone has obtained your account password please notify us immediately so we may secure your domain before any damage is caused.
We cannot guarantee user privacy to their electronic data stored on our servers while using our managed host services. Periodically it is necessary to check user directories to insure they are complying with our electronic data storage and usage terms of service.
All rights are reserved to cancel any client host service at its sole discretion. It is agreed that all clients also reserve right to cancel their service at any time. Notification must be sent by email from your domain name or by traditional surface mail. Clients requesting a cancellation will be refunded unused portions of their subscription prorated to months of use. All refunds are issued by cheque and mailed to the account business address on record within 2 weeks of account termination. Unused partial months are billed until the end of a month in which cancellation notice is received. If account cancellation is due to violations of the terms of service of this agreement no refunds will be issued.
As part of an all-inclusive designing, developing and host package, free domain hosting is provided for a period of one (1) year beginning on the day a project has been completed. This offer of free domain hosting is not extended to free charity design projects. All charity design and development projects are subject to regular hosting service charges.
Late payment charges will be applied to an account in the form of an invoice payable immediately upon receipt. Ataraxis maintains the right to suspend any hosting account that is not paid in a timely manner.
While we are always vigilant in ensuring that our customers abide by this agreement we cannot be held liable for content distributed through their domains. Ataraxis makes no warranties of any kind, expressed or implied, for services we provide. Ataraxis disclaims any warranty or merchantability or fitness of a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, or service interruptions caused by Ataraxis Internet servers. All rights are reserved to deny new accounts to anyone considered to be a risk to not abide by this agreement. All rights are reserved to revise this policy at any time without prior notification. All such revisions are posted on this page as well as indicating date of revision.
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