Version 6 – April 1st 2011
AUP applies to all CenterServ Corp. clients.
Policies apply automatically to all CenterServ Corp. clients upon subscription to the Services including subscription through a third party or any commercial partner.
Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law.
Specific activities that are prohibited include, but are not limited to :
- Threatening harm to persons or property or otherwise harassing behavior.
- Violating Canadian or US export control laws for software or technical information.
- Misrepresenting or fraudulently representing products/services
- Transmission, distribution or storage of any material in violation of any applicable law or regulation.
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
- Facilitating, aiding, or encouraging any of the above activities, whether using CenterServ Corp.’s network or service by itself or via a third party’s network or service.
- Interference with a third party’s use of CenterServ Corp.’s network or service, or ability to connect to the Internet or provide services to Internet users.
- Manage a proxy server
Email
CenterServ has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, CenterServ Corp. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CenterServ reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CenterServ will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.
- Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
- Customer will not use another site's mail server to relay mail without the express permission of the site.
- It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside CenterServ Corp. network.
IRC networks
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Adult content
Legal adult content must be published in accordance of any applicable law or regulation. CenterServ reserves the right to suspend any account publishing offending content.
CenterServ Shared Hosting
It is strictly forbidden to publish adult content on shared hosting accounts. The restriction applies, without limitation, to images and videos.
System and Network Security
Customer is prohibited from utilizing CenterServ Corp. services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
Specific activities that are prohibited include, but are not limited to :
- Threatening harm to persons or property or otherwise harassing behavior.
- Use or distribution of tools designed for compromising security.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- 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 email or a newsgroup posting.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Resource usage
CenterServ Shared Hosting
On shared hosting accounts, it is strictly forbidden, to make your account resources available (whether for free or pay) to the general public. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting, free web hosting or any other similar service. At anytime, all shared hosting accounts must use an acceptable level of resources and stay below 2% of the total system resources.
Violation
CenterServ Corp., in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. CenterServ Corp. may block access at the router level to the Customer's Equipment involved. If CenterServ Corp. believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer’s Equipment or data, and the suspension or termination of Customer’s services under this Agreement. CenterServ Corp. may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. CenterServ Corp. have no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.
Rights reserve
CenterServ Corp. reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer. CenterServ Corp. can require a signed copy of this documents.
Terms of service
TOS applies to all CenterServ clients.
TOS applies automatically to all CenterServ clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO CenterServ'S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the " service order " document in case of colocation and dedicated server services. In this document, CenterServ Shared Hosting sections apply to subscribers of the Shared Hosting packages, CenterServ apply to Dedicated Servers subscribers and CenterServ InstantColo sections apply to Colocation subscribers.
General
CenterServ Corp., agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of CenterServ Corp. services constitutes acceptance and agreement to these Terms Of Service and all attachments. CenterServ Corp. will make all reasonable efforts to provide a quality service to the Customer.
Privacy
CenterServ Corp. will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes CenterServ to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
Bandwidth Services
CenterServ Corp. will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.
In the case of servers connected on the high-quality network, the bandwidth can be used at full capacity on multiple servers simultaneously to exceed 500mbits.
CenterServ Shared Hosting
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy.
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. CenterServ Corp. will monitor the Customer's bandwidth usage and shall have the right to take corrective action if the Customer's bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.
IP Addresses
Any IP Addresses allocated to the Customer by CenterServ Corp. must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by CenterServ Corp. to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by CenterServ Corp. after five days notice to the Customer. CenterServ Corp. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by CenterServ Corp., and CenterServ Corp. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 8 ip addresses for free. All ip requests must be fully justified.
Other Services
Upon request by the Customer, CenterServ Corp. may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer's use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of $125 CA for those other services.
Installation, removal, replacement, maintenance and access to equipment
CenterServ Shared Hosting
CenterServ is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.
CenterServ InstantColo
CenterServ Corp. grants to the Customer, as of the Effective Date, the right to operate, install, remove, replace and maintain a specific physical server hardware located in one of CenterServ Corp.'s datacenters as described in the Service Order. The Customer must install the hardware in the space identified on the service order and reserved for its usage. The Customer will be responsible for the delivery of the Equipment. The Customer represents and warrants that it either owns all Equipment or has all necessary rights to locate the Equipment in the Premises. During the Term of this Agreement, the Customer will immediately notify CenterServ Corp. of any space, power or other requirements associated with the installation or operation of the Equipment. CenterServ Corp. will have no duty to monitor, maintain or care for the Equipment. Upon termination or expiration of the Term of this Agreement, unless prohibited by CenterServ Corp. as permitted by this Agreement, the Customer will remove the Equipment from the Premises. Unless the Parties otherwise agree in writing, in the event the Equipment has not been removed within 5 days following the termination or expiration, CenterServ Corp. will have the right to remove, relocate, or otherwise store the Equipment at the Customer's expense without liability to the Customer.
CenterServ InstantColo - Individual server space
The Customer will be responsible for the delivery of the Equipment. CenterServ is responsible of the initial installation of the equipment in the individual server space. Access to the equipment is authorized on business hours upon previous notification from the Customer and accompanied by an CenterServ staff member. Emergency access can be arranged outside business hours, the Customer will pay for emergency access requests in accordance to the emergency hourly rate in effect.
CenterServ InstantColo - Private space
The Customer will be responsible for the delivery and installation of the Equipment in the private space. Upon request, the Customer can get 24/7 access to the private space. CenterServ Corp. reserves the right to approve the Customer's technicians and other contractors and to require identification, fingerprints and photos of each individual who has access to the Premises. The Customer will cause its employees, agents, contractors or invitees who have access to the Premises to conform to all CenterServ Corp. terms, rules and regulations (as amended by CenterServ Corp. from time to time). Except with CenterServ Corp.'s prior written approval and subject to the terms of this Agreement, the Customer may only remove Equipment upon reasonable prior written notice to CenterServ Corp. and during business days between 8:00 a.m. and 5:00 p.m. The Customer will only install or place Equipment in the Customer Space.
Immediate Threats
If, in the determination of CenterServ Corp., acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of CenterServ Corp. or any other user of the Premises, or poses an immediate threat to the safety of any person, then CenterServ Corp. may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer's (or its customers') businesses. As soon as practical after performing such work, CenterServ Corp. will advise, by email, the Customer of the work performed or the action taken.
Relocation
The Customer will, upon email request from CenterServ Corp.'s, relocate the Equipment, server or web site to other space offered by CenterServ Corp. within 30 days of such request.
Insurance
Under no circumstances will CenterServ Corp. be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then CenterServ Corp. may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer's default is non-payment of any sums due to CenterServ Corp., exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, CenterServ Corp. may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to CenterServ Corp. as well as any costs (including reasonable legal fees) incurred by CenterServ Corp. in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail.First Month's Payment shown in the Service Order must be paid by the Customer to CenterServ Corp. before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of CenterServ Corp.'s invoices, which invoices will be issued 15 days before the end of the last paid period.
Payments
The Customer will pay CenterServ Corp. the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by CenterServ Corp. under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month's Payment shown in the Service Order, which must be paid by the Customer to CenterServ Corp. before commencement of the Term, all amounts will be payable in American or Canadian dollars within 15 days from the date of CenterServ Corp.'s invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $20 CA.
Automatic debits by credit card
In the case of payments by credit card, CenterServ will use the informations in its possession to make a payment at the invoice date. The customer will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the customer wants to disable the automatic debit, he only needs to contact the customer service via its customer hub by selecting the Finances section and "Contact billing". If the customer wants then to re-enable the automatic debit, he only needs to mark the box "automatic debit" in his manual payment form. By submitting an initial payment or re-activating the automatic debit option, the customer confirms that he has read and accepts the conditions related to the automatic debit. In addition, the customer allows CenterServ to withdraw the amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the CenterServ services. This authorization will be valid until an authorized person on the account ask to suspend the automatic debit.
CenterServ Shared Hosting
The Customer will pay by pre-authorized payment to a Customer credit card, or by cheque of immediately available funds remitted to CenterServ Corp. Payment by check will only be accepted for 3, 6 or 12 months prepayments.
CenterServ MyServerNow and CenterServ InstantColo
The Customer will pay by pre-authorized payment to a Customer credit card, by wire transfer or by cheque of immediately available funds remitted to CenterServ Corp. Payment by check and wire transfer will only be accepted for 3, 6 or 12 months prepayments.
Late payment
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by CenterServ Corp. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Changes
Upon 30 days or greater written notice prior to the end of the initial commitment, CenterServ Corp. may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Refund policy
Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at CenterServ.
The billing errors can be credited retroactively for a period of up to two (2) months.
Payment obligation
Upon account activation, CenterServ reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.
Credit Authorization
The Customer hereby authorizes CenterServ Corp. and gives consent to CenterServ Corp. under applicable privacy laws for CenterServ Corp. to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer's credit worthiness, and the Customer will promptly execute and deliver to CenterServ Corp. such further documents and assurances and take such further actions as CenterServ Corp. may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Guaranteed satisfaction
The Customer has 30 days following the account's activation date to resiliate his subscription with complete reimbursement of the monthly fees paid. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Guaranteed network availability
CenterServ Corp. will provide 100% transit to the Internet to all the customers who have purchased said service from CenterServ Corp. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Guaranteed electrical power
CenterServ guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Guaranteed hardware replacement
This guarantee is only applicable to CenterServ MyServerNow customers. At any time, dysfunctional dedicated server hardware will be replaced within four hours. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT CENTERSERV CORP. PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. CENTERSERV CORP. WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES' ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF CENTERSERV CORP.'S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO CENTERSERV CORP. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL CENTERSERV CORP. BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Force Majeure
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Reselling
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by CenterServ Corp. to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless CenterServ Corp., and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by CenterServ Corp. under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
Entire agreement.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, CENTERSERV CORP. MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.
Severability and Reformation.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the province of Québec and the laws of Canada applicable therein. The Parties irrevocably submit all disputes arising out of this Agreement to Québec courts, judicial district of Montréal
Complaints
Complaints or TOS & AUP violations must be reported to info@centerserv.com.
Changes and rights
CenterServ Corp. may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that CenterServ Corp. may impose from time to time, provided that the Customer has been given 30 days notice.
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