These terms define the customer responsibilities, acceptable use standards, and service conditions that apply to hosted services and related support provided by ALPHA+V3.
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 ALPHA+V3 to advertise any service hosted by ALPHA+V3 or connected via the ALPHA+V3 Network. Such services are not to be advertised by way of deceptive marketing policies.
This information applies solely to services provided by the web division of ALPHA (ALPHA+V3) including shared and unshared hosting services, website maintenance agreements, domain renewals, and website subscriptions.
In this policy 'we' will refer to ALPHA+V3, while 'the customer' will refer to you either as an individual account holder or as a company.
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 organization.
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 web@getalpha.ca and we will assist you within 48 hrs of receiving the email.
2.1 Customers may not use our network to attempt to circumvent user authentication or security of any host, network, or account.
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.
2.5 We reserve the right to charge up to $500 CDN per complaint to investigate.
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.
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.
3.5 If you, or your clients, have been deemed to have sent spam from the ALPHA+V3 network, or advertising a website hosted on the ALPHA+V3 network, ALPHA+V3 has the right to charge $200 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. PASSWORD SECURITY IS THE RESPONSIBILITY OF THE CUSTOMER.
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 including any charges for any support or update requests made that are billed at our standard hourly shop rate.
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, unprotected or exploited scripts or forms on your website may result in maintenance and cleanup charges of $150/hr CDN.
4.5 You are solely responsible for the safety and security of your accounts and the protection of your passwords.
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 or unprotected scripts or forms.
4.7 You are solely responsible to remove any unused email accounts if your MX records point to a different email provider.
4.8.1 This section applies to all website development, custom development, design, and related professional services provided under a written development contract, proposal, statement of work, or approved estimate with ALPHA+V3.
4.8.2 Development timelines are dependent on timely customer participation, including but not limited to the provision of required content, assets, approvals, feedback, credentials, and responses necessary for ALPHA+V3 to proceed with the contracted work.
4.8.3 In the event that a development project is delayed due to customer actions or inaction:
- Twenty-five percent (25%) of the total contract labour amount may be invoiced if the project has not proceeded within three (3) weeks from the original approval date due to customer-caused delays.
- An additional twenty-five percent (25%) of the total contract labour amount may be invoiced if the project has not proceeded within six (6) weeks from the original approval date due to customer-caused delays.
4.8.4 Project delays exceeding six (6) months may be subject to pricing adjustments to reflect changes in labour rates or costs at the time the project resumes. Such delays do not void the original contract, proposal, or agreement.
4.8.5 Any remaining contract labour not yet invoiced will continue to be governed by the terms of the original agreement and billed in accordance with project progress once the customer enables the project to proceed.
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.
6.1 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.
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.
6.4 The resale of our products and services is not authorized, unless specifically permitted and documented in a reseller agreement.
6.5 Other prohibited uses: unauthorized or excessive use; uses that unreasonably interfere with the ability of others to make use of ALPHA+V3's resources; attempting to gain unauthorized access to the computer system or files of another; use of ALPHA+V3 computer resources to infringe the intellectual property rights of others.
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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 email. All fees paid in advance of cancellation will be pro-rated and refunded to the customer if we initiate our right of cancellation and the customer is NOT in violation of these Terms and Conditions.
8.2 All service and account cancellations must be submitted via ticket to web@getalpha.ca. 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 knowingly permits the operation of or access to insecure scripts or applications on their website.
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.
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 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.
