Illegal Content and Use
No illegal content will be permitted.
eSecureData servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
No spamming will be permitted.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to eSecureData’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a eSecureData server, and selling or distributing software (on a Web site residing on a eSecureData server) that facilitates spamming. Violators will face immediate suspension. eSecureData reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
No terrorist activity will be permitted.
In purchasing eSecureData services, all eSecureData customers certify that they and/or the organization they represent in procuring services from eSecureData are not, nor have been designated, a terrorist or suspected terrorist; and are not owned or controlled by a terrorist or suspected terrorist. In addition, all eSecureData customers certify that they will not use eSecureData services or equipment to host, promote, support or facilitate terrorist activity.
No hacking or DDOS activity will be permitted.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: 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; 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 email or a newsgroup posting.
No virus activity will be permitted.
Use of eSecureData’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use eSecureData’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
The customer is responsible for procuring whatever technical support they may require for all custom applications, website design, or special uses that may be deployed on eSecureData servers. eSecureData technical support is offered for reboots, reinstalls, KVM/IP, reverse DNS, and infrastructure only.
Customers are solely and entirely responsible, and eSecureData is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with eSecureData services.
eSecureData maintains a QoS based backbone which permits high levels of bandwidth to be available to all clients. The nature of this system allows high levels of burstability over a multi-megabit base level. eSecureData may apply bandwidth throttles at its sole discretion in cases of extreme bandwidth use.
Customers are required to use the eSecureData network responsibly. This includes respecting the other customers of eSecureData. eSecureData reserves the right to suspend and/or cancel service with any customer who uses the eSecureData network in such a way that adversely affects other eSecureData customers. While eSecureData may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, eSecureData does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when eSecureData becomes aware of any violation of the TOU or other user agreements, eSecureData may take any action to stop or correct such violation, including, but not limited to, denying access to eSecureData’s services and equipment or to the Internet. In addition, eSecureData may take action against a customer or a customer of such customer because of the activities of such customer. eSecureData anticipates that customers who offer Internet services will cooperate with eSecureData in any corrective or preventive action that eSecureData deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of eSecureData policy and eSecureData reserves the right to take any such action even though such action may affect other customers of the eSecureData customer.
Payments, Refunds & Cancellation
Canadian residents will be charged 5% GST on all services. BC residents will be charged PST on all services. Non-Canadian-residents will not be charged any taxes.
Upon payment, your server will be set up, usually within one business day. In the event that we are unable to deploy your server within one business days, you will be offered a full refund of all monies paid to that point for the undeployed server. Please note that business days do not include weekends or Canadian holidays.
eSecureData server rentals include the use of the hardware agreed upon, UPS power provision, fiber optic Internet connectivity (via 100mb/s Cisco switches), on-site technical support staff, ticketing and monitoring systems, IP allocation services, consultative deployment services and all other support required for a server to be active on the Internet.
eSecureData will not initiate or facilitate voluntary cancellations — customers are responsible for cancelling their accounts using the online payment system they use to pay eSecureData (such as PayPal.com). All payment systems used by eSecureData maintain their own online systems, and eSecureData is in no way responsible for these systems.
Absolutely no refunds, pro-rated or otherwise, will be given to customers who voluntarily cancel their service, regardless of how far into the term the customer may be. Customers are responsible for renting servers for the correct amount of time required, as no refunds are offered.
eSecureData will not be liable for delays in its performance of the TOU or eSecureData services caused by circumstances beyond eSecureData’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). eSecureData will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
With regard to advertised specifications, eSecureData reserves the right to substitute equal or comparable components at its sole discretion for all deployments, upgrades, downgrades and other changes to eSecureData servers, without adjustment in pricing to the standard fee charged.
eSecureData customers agree to protect, defend, hold harmless, and indemnify eSecureData, any third party entity related to eSecureData (including, without limitation, third party vendors), and eSecureData’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as eSecureData, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of eSecureData’s services.
The eSecureData service is 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. eSecureData expressly disclaims any representation or warranty that the eSecureData service will be error-free, secure or uninterrupted. No oral advice or written information given by eSecureData, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. eSecureData and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL eSecureData (INCLUDING, WITHOUT LIMITATION, eSecureData’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS eSecureData, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING eSecureData’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR eSecureData SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY eSecureData SERVICES EVEN IF eSecureData HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. eSecureData’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR eSecureData’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY eSecureData OR eSecureData’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.