Terms of Service/Acceptable Use Policy

1.1 - Acceptable Use
1.2 - Server Abuse
1.3 - Bandwidth Traffic
1.4 - CGI Scripts
1.5 - Chat Rooms
1.6 - Abuse of SMTP Mail Server
1.7 - Background Running Programs
1.8 - IRC
1.9 - Excessive Use / Overages
1.10 - Intellectual Property Rights
1.11 - Network Security
1.12 - Electronic Commerce
1.13 - Content Caching
1.14 - IP Address Ownership and Usage
1.15 - Lawful Purpose
1.16 - Indemnification
1.17 - Disclaimer
2.1 - Unsolicited Email (SPAM) Policy
3.1 - Payment
4.1 - Cancellation
4.2 - Liability and Obligations


1.1 - Acceptable Use Policy

This Red Block Media Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of Red Block Media's hosting services (the "Services"). This AUP is not exhaustive and Red Block Media reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.redblock.ca. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Red Block Media deems appropriate.

1.2 - Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Red Block Media is strictly prohibited.

Red Block Media will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Red Block Media customer, whether or not the attacked account or computer belongs to Red Block Media, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - Red Block Media has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. No files located on the offending account will be retrievable.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Red Block Media to be unacceptable use of Red Block Media's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken after consultation with the client in question.

1.3 - Bandwidth Traffic

Each plan with Red Block Media comes with a pre determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account, you will be billed at the amount specified in the account details.

1.4 - CGI Scripts

Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators.

*See the Server Abuse section.

1.5 - Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

1.6 - Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged an extra fee in addition to your regular hosting charges if your account is moved to this server. Please contact support to have your domain moved.

1.7 - Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

1.8 - IRC

We currently do not allow IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

1.9 - Excessive Use/Overages

You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Red Block Media may, in its sole discretion, assess you with additional charges. If Red Block Media elects to take any corrective action, Red Block Media will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $2.95/GB/month. Disk space overages are currently billed at $.20/MB/month disk space.

1.10 - Intellectual Property Rights

Material accessible to you through Red Block Media's services may be subject to protection under the United States, Canada, or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Red Block Media or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Red Block Media network. If you use a domain name in connection with Red Block Media or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

1.11 - Network Security

Customers may not use the Red Block Media network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. 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. Red Block Media will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Red Block Media will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Red Block Media or any of its other customers.

1.12 - Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

1.13 - Content Caching

You expressly (i) grant to Red Block Media a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Red Block Media under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

1.14 - IP Address Ownership and Usage

Red Block Media shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Red Block Media and Red Block Media reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

IP Address usage must be justifiable. Justifiable uses are listed below:
SSL Encryption - Virtual FTP server - Anonymous FTP server.

1.15 - Lawful Purpose

Red Block Media reserves the right to refuse service to anyone. Customers may only use Red Block Media servers for lawful purposes. Transmission of any material in violation of any Federal, State, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Red Block Media management.

1.16 - Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Red Block Media HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Red Block Media, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Red Block Media AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Red Block Media' SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Red Block Media' SERVER.

1.17 - Disclaimer

Red Block Media WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Red Block Media MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Red Block Media DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Red Block Media AND ITS EMPLOYEES. Red Block Media RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

THREATS/ABUSE AGAINST THE NAME, SERVERS, AND ALL THEREIN, OF Red Block Media SHALL BE DEALT WITH TO THE FULL EXTENT OF THE LAW, THIS INCLUDES PACKAGE CLONING, NAME CLONING, WRONGFUL SUGGESTED AFFILIATION, MISLEADING MENTION OF AFFILIATION, IMAGE CLONING/STEALING, HTML CODE CLONING/STEALING.


2.1 - Unsolicited Email (SPAM) Policy

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

Red Block Media takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
- Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Red Block Media (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, Red Block Media reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be removed and it will NEVER be returned to you.


3.1 - Payment

All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Red Block Media reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.

The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Red Block Media to request for termination of services. All payment is in Canadian currency. Red Block Media will bill each client $20.00 per returned check, per wire transfer received and per credit card chargeback received.

Please contact the billing department should you wish to change your billing cycle. Any account that is not brought current prior to deactivation will be charged a $20.00 reactivation fee as well as a $10.00 late charge, per account deactivated. In addition, if your credit card declines for any reason Red Block Media will charge your account an additional $1.00 service charge every time your card is declined.

Red Block Media may impose a debt service charge equal to two percent (2%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid.

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Red Block Media) shall be paid by Customer.

Accounts that are suspended due to an overdue balance, are subject to third party debt collection. A file is also opened with the respective credit bureau regarding non-paying accounts.


4.1 - Cancellation

Red Block Media reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Red Block Media if Red Block Media institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

4.2 - Liability and Obligations on Cancellation

If the Agreement expires or is cancelled for any reason, Red Block Media is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration.

If you terminate this Agreement, Red Block Media will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Red Block Media under this Agreement.

 

Last Revised: 2 Jan 2011