The following Terms of use cover the conditions under which Provision Data Systems Inc. will provides services to to its customers. These terms may change from time to time as need arises.
Service Levels
In supplying the service(s) Provision Data shall use all reasonable efforts to achieve the Performance Objectives set out below applicable to such Service.
The Performance Objectives of Provision Data are:
· 99.9% network availability within our Data Center.
· 99.9% availability of dedicated hardware owned and maintained by Provision Data.
These objectives do not include maintenance windows, which will be reserved to allow systems upgrades and to add or reconfigure customers. The maintenance windows are announced prior to 48 hours to a service interruption. Notification will be given only to those customers affected.
The Performance Objectives apply only to that portion of Services provided on facilities owned or operated by the Supplier and do not apply to any Services utilizing or interconnecting with facilities or services provided by other service carriers.
Should Provision Data fail to meet the Performance Objectives for a given month, the customer may request a refund up to the amount of the network access fee ($150.00) for that month or terminate the contract if the outage fulfills the conditions set forth in the section “Termination of Service” in this agreement.
Termination of Service
Provision Data reserves the right to terminate service to any customers that violate the Acceptable Use Policy (AUP) after 1 written warning of transgression of the AUP. Services may also be terminated if the account receivable exceeds 30 days.
The customer may terminate this contract under the following conditions:
1. Provision Data and the customer agree mutually to terminate this contract.
2. The server is unavailable from less than 3 router hops from the server for a period greater than 3 business days.
3. The total time the server is unavailable from less than 3 router hops from the server exceeds 3 days over any 60 day period. The customer must invoke this clause within the same 60 day window (eg the 3 days must exist within 60 days from the date of notice by the client that they intend to execute this clause)
4. The customer pays out the balance of the contract.
5. The Customer is on quarterly renewal after the initial contract period and provides 30 days written notice of intent to discontinue services.
6. Where the customer is month to month, the customer may terminate at any time by providing 30 days written notice.
The customer must notify Provision Data in writing of their intent to exercise any of their rights under this section. In the case of condition 1, the customer must also receive acknowledgment in writing by Provision Data that they agree to the termination.
Insurance
It is the customer’s responsibility to provide adequate insurance to cover their equipment. Provision Data does not carry any insurance on customer equipment. By signing this agreement you acknowledge your responsibility to adequately insure your property and that Provision Data Systems Inc. is not responsible for loss of equipment.
Acceptable use policy
As noted in the ‘Termination of services” section, contravention of the AUP is grounds for termination of service. Please read the policy carefully.
Illegal Content. You agree that you will not knowingly contain, archive or distribute content forbidden by the laws of Canada, and the Province of British Columbia including but not limited to hate material, child pornography, fraud, pyramid selling, and obscenity. You also agree that you will not use the services provided to you for the planning, perpetration or collaboration of illegal activities.
Nuisance & DOS. You agree that you will not knowingly use the services provided to participate in nuisance activities including port scanning, unauthorized access to servers (hacking), unauthorized use of exploits on servers and any activity that disrupts the normal operation of a server or workstation (denial of service). You further agree to remedy at your expense any situation under this clause within 48 hours of notification resulting from third party control of your server (ie a hacker who has gained access or control of your server). It is the customers responsibility to ensure the security and activities of the server.
Post No SPAM or Viruses. You hereby agree that you will not knowingly send unsolicited commercial email or post unsolicited commercial messages, including without restriction chain letters to Usenet newsgroups. You are further prohibited from posting or transmitting any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component or inhibit another Internet user from using or enjoying the Internet. You likewise agree to secure remedy any breach or infection within 48 hours of notification. You agree to ensure that all email services will not permit open relaying of email by any means including unchecked mailer scripts or any other mechanism.
Responsibility. You agree that you will not knowingly place services or systems on your server that may allow others to contravene the AUP. You agree to be responsible for ensuring that such services or activities are halted.
Sole Judgment. It will be the sole discretion of Provision Data to declare material to be in contravention of Internet etiquette, law, or community standards. Provision Data reserves the right to disconnect and isolate any server that contravenes the AUP until such time as the situation is remedied.
Provision Data Systems Inc. Harmless
The customer agrees that PDSI shall not be held liable for any loss of revenue or costs incurred as a result of any interruptions in service to the customer, loss of data, power, cooling, loss of domain names or other events. The complete and entire remedy shall be the cost of services provided to the subscriber for the period of one month.
The following Terms of use cover the conditions under which Provision Data Systems Inc. will provides services to to its customers. These terms may change from time to time as need arises.
Service Levels
In supplying the service(s) Provision Data shall use all reasonable efforts to achieve the Performance Objectives set out below applicable to such Service.
The Performance Objectives of Provision Data are:
· 99.9% network availability within our Data Center.
· 99.9% availability of dedicated hardware owned and maintained by Provision Data.
These objectives do not include maintenance windows, which will be reserved to allow systems upgrades and to add or reconfigure customers. The maintenance windows are announced prior to 48 hours to a service interruption. Notification will be given only to those customers affected.
The Performance Objectives apply only to that portion of Services provided on facilities owned or operated by the Supplier and do not apply to any Services utilizing or interconnecting with facilities or services provided by other service carriers.
Should Provision Data fail to meet the Performance Objectives for a given month, the customer may request a refund up to the amount of the network access fee ($150.00) for that month or terminate the contract if the outage fulfills the conditions set forth in the section “Termination of Service” in this agreement.
Termination of Service
Provision Data reserves the right to terminate service to any customers that violate the Acceptable Use Policy (AUP) after 1 written warning of transgression of the AUP. Services may also be terminated if the account receivable exceeds 30 days.
The customer may terminate this contract under the following conditions:
1. Provision Data and the customer agree mutually to terminate this contract.
2. The server is unavailable from less than 3 router hops from the server for a period greater than 3 business days.
3. The total time the server is unavailable from less than 3 router hops from the server exceeds 3 days over any 60 day period. The customer must invoke this clause within the same 60 day window (eg the 3 days must exist within 60 days from the date of notice by the client that they intend to execute this clause)
4. The customer pays out the balance of the contract.
5. The Customer is on quarterly renewal after the initial contract period and provides 30 days written notice of intent to discontinue services.
6. Where the customer is month to month, the customer may terminate at any time by providing 30 days written notice.
The customer must notify Provision Data in writing of their intent to exercise any of their rights under this section. In the case of condition 1, the customer must also receive acknowledgment in writing by Provision Data that they agree to the termination.
Insurance
It is the customer’s responsibility to provide adequate insurance to cover their equipment. Provision Data does not carry any insurance on customer equipment. By signing this agreement you acknowledge your responsibility to adequately insure your property and that Provision Data Systems Inc. is not responsible for loss of equipment.
Acceptable use policy
As noted in the ‘Termination of services” section, contravention of the AUP is grounds for termination of service. Please read the policy carefully.
Illegal Content. You agree that you will not knowingly contain, archive or distribute content forbidden by the laws of Canada, and the Province of British Columbia including but not limited to hate material, child pornography, fraud, pyramid selling, and obscenity. You also agree that you will not use the services provided to you for the planning, perpetration or collaboration of illegal activities.
Nuisance & DOS. You agree that you will not knowingly use the services provided to participate in nuisance activities including port scanning, unauthorized access to servers (hacking), unauthorized use of exploits on servers and any activity that disrupts the normal operation of a server or workstation (denial of service). You further agree to remedy at your expense any situation under this clause within 48 hours of notification resulting from third party control of your server (ie a hacker who has gained access or control of your server). It is the customers responsibility to ensure the security and activities of the server.
Post No SPAM or Viruses. You hereby agree that you will not knowingly send unsolicited commercial email or post unsolicited commercial messages, including without restriction chain letters to Usenet newsgroups. You are further prohibited from posting or transmitting any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component or inhibit another Internet user from using or enjoying the Internet. You likewise agree to secure remedy any breach or infection within 48 hours of notification. You agree to ensure that all email services will not permit open relaying of email by any means including unchecked mailer scripts or any other mechanism.
Responsibility. You agree that you will not knowingly place services or systems on your server that may allow others to contravene the AUP. You agree to be responsible for ensuring that such services or activities are halted.
Sole Judgment. It will be the sole discretion of Provision Data to declare material to be in contravention of Internet etiquette, law, or community standards. Provision Data reserves the right to disconnect and isolate any server that contravenes the AUP until such time as the situation is remedied.
Provision Data Systems Inc. Harmless
The customer agrees that PDSI shall not be held liable for any loss of revenue or costs incurred as a result of any interruptions in service to the customer, loss of data, power, cooling, loss of domain names or other events. The complete and entire remedy shall be the cost of services provided to the subscriber for the period of one month.