Privacy, Policy, and Conditions
Managed Hosting Condtions
This agreement ("Agreement") is between hosting service provider Synos Technologies ("Synostech.net") at 5950 Vedder Road, Chilliwack, BC and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the electronic order form annexed herein by reference ("Order"). The agreement is made effective as of the date of the order.
The parties agree as follows:
Overview
This agreement in conjunction with the Synostech.net Acceptable Use Policy annexed herein by reference (AUP) are intended to cover any and all services provided by Synostech.net and received by the Customer. This service agreement and annexed AUP together, contain the entire understanding between Synostech.net and Customer with respect to the services ("Services") described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between Synostech.net and Customer. Customer acknowledges and agrees that its entire right relating to Synostech.net Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.
1. Services
Subject to the terms and conditions of this agreement, Synostech.net agrees to provide the wholesale hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.3 of this agreement, Synostech.net may expand or contract the scope of the Synostech.net's services by issuing an amended order form to the Customer in advance of such change.
2. Initial Term
The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until Synostech.net accepts and confirms the completed order form from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term. Synostech.net reserves the right to reject any order in which case moneys collected will be refunded/reversed.
3. Renewal Term
Unless terminated by Synostech.net or in accordance with Section 4.3 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.
4. Fees and Payment
The Customer agrees to pay Synostech.net, without limitation, for services provided. Customer is fully responsible to ensure payment of any and all amounts due, are paid on time independently of receiving any invoices or billing notifications from Synostech.net.
Customer is responsible for keeping their contact and billing information up-to-date and accurate, including but not limited to a properly functioning and reachable email address and telephone number.
Invoices may be provided as a courtesy to Customer by any or none of the following: email, Synostech.net Customer Service Center or upon request fax or mail. Synostech.net assumes no responsibility for invoices lost or not received. Dollar amounts and costs indicated for all Synostech.net services are in US currency, unless otherwise stated. Payment for all Synostech.net services is billed and due a minimum of thirty (30) days in advance. Synostech.net reserves the right to refuse acceptance of any form of payment or terms. Service and/or handling fees above and beyond those listed may apply at the discretion of Synostech.net.
4.1 Overdue Accounts - Overdue accounts may, at the discretion of Synostech.net, be issued a late payment reminder and/or 72 hour disconnection warning notice. Regardless of receiving a late payment reminder or disconnection notice all overdue accounts will be suspended/disconnected from the Internet for a period of 72 hours. Disconnected accounts are cancelled automatically after 72 hours unless: payment is received in full or alternative, suitable arrangements are made with Synostech.net. A minimum $25 reconnection fee will be charged on all accounts reconnected after being suspended/disconnected. NOTE: If an account is cancelled, there is NO possibility that it can be restored and/or its data recovered.
4.2 Other Charges - Customers will pay all sales and value-added taxes, duties or levies imposed by any authority, government, government agency or commission or crown corporation in connection with the Synostech.net web hosting and related services as provided under this agreement. Customers are responsible for collecting such taxes, duties or levies from end users as imposed by authority, government, government agency or commission or crown corporation.
Synostech.net reserves the right to charge the Customer standard hourly rates $75/hour US ($37.50 minimum per instance) to cover the resolution of excessive or unusual problems or complaints.
4.3 Cancellation Policy - All hosting contracts, unless otherwise negotiated, are month-to-month. The cancellation of any month-to-month hosting contract by the Customer must occur via the Cancellation Form provided in the Synostech.net Customer Service Center located at https://blackhole.synostech.net. The form must be submitted at least 30 days prior to the requested cancellation date. There are no partial refunds or credits for early cancellations. All payments to Synos Technologies are final and non-refundable.
4.4 Bandwidth Usage - Bandwidth can be purchased in advance (prior to use) at a discounted rate and "banked". Monthly bandwidth usage will be deducted from Customer's "banked bandwidth" on a monthly basis. If all "banked bandwidth" is expended in any given billing period then any additional bandwidth used in that billing period will be billed to Customer at regular rates without further notice to the client.
5. Acceptable Use Policy
Customers shall at all times comply with and help ensure that they and their clients comply with the terms and conditions of the current version of the Acceptable Use Policy (AUP) posted at www.synostech.net. Customer agrees that Synostech.net may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.Synostech.net. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients. Violation of the terms set forth in Synostech.net's AUP will result in an immediate and indefinite suspension of Customer's services solely at the discretion of Synostech.net.
6. 99.99% Uptime Guarantee
Synostech.net endeavors to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with Synostech.net we guarantee that our network is available 99.99% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. Network downtime is measured from the moment the Customer notifies a Synostech.net support representative of a network failure to the time the Network responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds .01% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee. Credits shall not be provided to the Customer if network downtime is the result of: a) scheduled maintenance b) circumstances beyond Synostech.net's reasonable control, including, but not limited to: dDOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement or Synostech.net's Acceptable Use Policy.
7. Temporary Service Suspension
The Customer agrees that it may be necessary for Synostech.net to temporarily suspend services for technical reasons or to maintain the Synostech.net network, the Equipment or any other facilities, the timing of which will be as determined by Synostech.net. Such suspension of the Services will not be an interruption of the Synostech.net Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
8. Emergency Service Suspension
Synostech.net may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Synostech.net Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
9. Data Backups
Synostech.net offers data backup services for your critical data files. We make every effort to ensure the reliability of this process. However, because of technical issues regarding backups on live servers and the possibility of data corruption on backup and restore, Synostech.net cannot guarantee any data can be fully restored. The Customer will hold Synostech.net without penalty or liability for any claim resulting from a failed backup and/or restore procedure.
10. Compromised/Hacked Server
A compromised or "hacked" server is a serious threat to our network. Synostech.net, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network.
Determination that a server has been compromised:
By the Client - If you believe your system may have been hacked, immediately report the situation to Synostech.net technical support. Synostech.net will examine your system and may implement additional monitoring of your system.
By Synostech.net - If a Synostech.net System Administrator believes a server on our network is compromised, Synostech.net will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".
11. Proprietary Rights
The Customer shall not display or otherwise use any trade mark, trade name, logo, symbols, coined word or combination of words used by Synostech.net or permit the same to be displayed or otherwise used in connection with any business conducted or controlled by the Customer except as may be specified or approved by Synostech.net in writing.
12. Termination of Agreement
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then Synostech.net may terminate this agreement at any time and without prior notice.
12.1 Discretionary Suspension or Cancellation of Services
Synostech.net reserves the right to refuse, suspend or cancel services provided to Customer for any reason Synostech.net deems necessary or warranted, including but not limited to, abusive or belligerent behavior, excessive administrative issues, consistent delinquent or late payments. Synostech.net may exercise this right at any time without prior warning or further explanation to Customer.
Synostech.net is not responsible for any loss of data or downtime resulting from willful, accidental or mistaken disconnection or cancellation of an account.
13. Limitation of Liability
Customer acknowledges and agrees neither Synostech.net nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Synostech.net or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Synostech.net, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Synostech.net for one month of service under this agreement.
14. Indemnity
Customer will indemnify and save harmless Synostech.net and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Synostech.net or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
15. Governing Law
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the jurisdiction of such courts.
16. Customer Acknowledgement
Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the Synostech.net network or any inter-connected network by third parties. Synostech.net provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's server/network.
17. Electronic Commerce
The Customer is solely responsible for all aspects of their online store or e-business. This includes, but is not limited to:
* The accuracy of statements and materials related to your products and/or services.
* The accurate calculation and application of shipping and sales tax.
* Processing Customer orders, inquiries and complaints.
* Maintaining the confidentiality of Customer's client credit card numbers and private information.
18. IP Address Ownership and Usage
Synostech.net assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use Synostech.net IP addresses not assigned to them, to move IPs between different servers or accounts or in ways not permitted by Synostech.net. Synostech.net maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of ARIN. These policies dictate that name-based hosting MUST be used whenever possible. Synostech.net reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.
19. Synostech.net Administrative Account and Software
For the purposes of Datacenter, Network, Server maintenance, inventory and related activities, Synostech.net staff and management retain the right to administrative access to any and all dedicated, Virtual Private and shared servers on their network. To facilitate this, all Synostech.net servers may include a Synostech.net administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details.
20. Money Back Guarantee
Synostech.net offers a limited Money Back Guarantee to all new clients. The purpose of this guarantee is to allow clients to experience Synostech.net's services and determine that they meet or exceed industry standards. To this end, if and only if Synostech.net has not met industry standards for service performance and reliability during the first 72 hours of a new hosting account being online and the client submits a "Money Back Guarantee" Cancellation Request from the Synostech.net Customer Service Center (https://blackhole.synostech.net), Synostech.net will refund the client's hosting fees. This refund will NOT include any setup fees or hourly support fees paid to Synostech.net. In all other circumstances monies paid to Synostech.net are final and nonrefundable.
Acceptable Use Policies Agreement (AUP)
This agreement ("Agreement") is between wholesale hosting service provider Synos Technologies ("Synostech.net") at 5950 Vedder Road, Chilliwack, BC and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the electronic order form annexed herein by reference ("Order"). The agreement is made effective as of the date of the order.
By using services ("Services") provided by Synostech.net, Customers agree to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify Synostech.net against any claims arising from any violation of this Policy as per sections 13 and 14 of the Synostech.net Master Service Agreement.
Synostech.net reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to Synostech.net's web site at: http://www.synostech.net.
Synostech.net Customers agree to and are responsible for regularly reviewing this Policy. Continued use of Synostech.net services following any changes shall constitute acceptance of those changes by Customer.
This policy recognizes the fundamental fact that no one owns or controls the Internet. Synostech.net cannot monitor or control all activities of our Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. Customers, not Synostech.net, assume all responsibility relating to their Internet activities including, but not limited to:
* Aspects of the Customer's business
* Content and data provided by or through a Customer
* Customer's computer and communications systems needed to access the Services
* Results obtained from using Synostech.net Services
* Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
* Use of the Synostech.net services by Customer's end users
* Compliance with this Acceptable Use Policy by the Customer and Customer's end users
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.
Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Network Abuse
Using the Synostech.net network in any way that adversely affects other Synostech.net Customers is strictly prohibited. This includes but is not limited to:
* Gaining or attempting to gain unauthorized access to servers or services. Such attempts include but are not limited to: "Internet phishing scams" (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
* Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
* Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
* Using IP addresses which were not assigned to them by Synostech.net.
* Running Internet Relay Chat (IRC) servers, bots or clients.
Illegal Content
Accounts may be terminated that include content or where links are provided to content that:
* Is unlawful.
* Is considered offensive by the web community in general.
* Promotes injury or physical harm against any group or individual.
* Promotes or teaches illegal activities.
* Exploits or depicts children in a negative or sexual way.
* Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
* Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
SPAM or Unsolicited Commercial Email
Synostech.net has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. Synostech.net Customers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, Synostech.net will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, Synostech.net will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.
PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS. Synostech.net reserves the right to apply a minimum $200 US per complaint investigation/resolution charge.
Synostech.net Administrative Login and Management Software
To facilitate data center/network/server management, inventory and related activities, Synostech.net DDS (VPS), dedicated and shared servers include a Synostech.net administrative account and password and/or a Synostech.net daemon. All reasonable precautions are made by Synostech.net to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and is grounds for the immediate suspension of a Customer's account.
Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. Synostech.net has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
Additional Fees
Synostech.net reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard Synostech.net investigation/resolution/cleanup fee is $400 US or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at Synostech.net standard rates, may apply.
Privacy Policy Agreement
Synos Technologies is committed to protecting and respecting the privacy of all our customers and visitors.
All information collected from customers when signing up is used for billing, administration, and customer relations purposes only and is kept confidential. We have taken security measures to ensure that our customers' information is protected against loss, alteration or misuse. All transmissions of private information over the Internet are encrypted using standard SSL and SSH protocols.
Any personal passwords or usernames given to a customer are their own responsibility. Customers must ensure that only authorized personnel access their accounts. If for any reason you are concerned about this, please contact us at noc@synostech.net.
When visitors use the website, information such as length of visit, the pages visited and the referrer are stored by us. This is for internal use only. Analyzing traffic to our Web site and Customer Service Center helps us improve our services and marketing strategies.
