Terms of Service
You must accept these terms of service in order to use our service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all of our customers. Read these terms of service carefully and return here frequently.
Violation of these terms of service could result in suspension or termination of service depending upon the circumstances. Suspension means that your server is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Servers found to be running any script or process which is used for illegal/malicious activity or to send spam will almost always be suspended without notice to prevent further damage. Vulnerable software must be patched or removed, and steps taken to ensure the server has been secured in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate server suspension and investigation without notice. We reserve the right to suspend any or all servers held by you without notice if we deem it necessary to do so. Repeat or serious offenses may result in termination, where all data on the server may be removed so that the server can be reprovisioned. On our part, we guarantee that we will always follow due diligence unless otherwise obligated by our providers or the appropriate authorities.
All payments are expected to be paid on-time without exception unless previous arrangements have been made, and agreed upon by all parties. Customers will be given a minimum of 3 days notice before any payment is due, with the exception of monthly recurring charges, where the due date will be the beginning of the service period. Failure to make payments on-time will result in suspension or termination.
Notice of cancellation must be provided in writing by one of the administrative contacts listed on your account in the form of an e-mail to our sales or support e-mail addresses, a minimum of 1 full business day before the end of the current service period. Once we have received your notice of cancellation, we will confirm by e-mail and inform you of any outstanding charges on the account. If you do not receive a confirmation e-mail within 1 hour, please contact us immediately by telephone to one of the numbers listed on our website.
Service Level Agreement
Astute Hosting Incorporated has a 100% network uptime guarantee. For every hour of downtime, you will be refunded one day's worth of service, up to a maximum of half your monthly fee. Refunds for hardware downtime may be given at the discretion of management for servers with redundant RAID hard drive configurations only.
Refunds will only be given under limited circumstances, solely at the discretion of management unless stated explicitly by us in written or published form.
Acceptable Use Policy
Customers are responsible for ensuring all use of our services are compliant with laws and regulations of the country of Canada, as well as all other applicable jurisdictions. Failure to comply may result in suspension until appropriate measures have been taken to ensure compliance. Repeat offenders may have their services terminated with no refund of payment. Spamming, denial of service attacks, and attempts to compromise other hosts on the Internet are strictly prohibited.
Denial of Service Attacks
In the event that your server is under attack, we reserve the right to take action to prevent any degradation of performance to our other customers, including but not limited to the use of null routes. DDoS mitigation services on a hardened part of our network are available on request for extra charge, subject to the conditions of your service agreement.
What information do we collect?
Astute Hosting collects information from you when you register for our services through our ordering page, or when such information is submitted in e-mail communication. This will include company, contact, technical, and billing information.
What do we use your information for?
This information is used to communicate with customers about the services currently being provided, services that may potentially interest customers, and for the collection of payments.
How do we protect your information?
We implement a variety of security measures to maintain the safety of our customers' information including but not limited to security policy implemented by encrypting communication, security policy enforced by firewalls, authentication required for access, and encryption of sensitive data.
Do we disclose any information to outside parties?
Astute Hosting does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our websites, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information by court order when required by law enforcement agencies, to protect ours or others' rights, property, or safety.
Astute Hosting utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of confirmed legal violations or fraudulent chargebacks, you may also be reported to FraudRecord..
This policy was last modified on 2012-07-07
Limitation of Liability
You expressly understand and agree that Astute Hosting Incorporated is not to be held responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Astute Hosting Incorporated has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
You expressly understand and agree that Astute Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to errors in automatic credit card debits performed by our 3rd party billing services Psigate, or PayPal.
The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will Astute Hosting be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers.
Communications to Asute Hosting Incorporated via this web site shall in no way be deemed to constitute legal or official notice to Astute Hosting Incorporated, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against Astute Hosting Incorporated or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to Astute Hosting via this web site be deemed to constitute legal or official notice for any other purpose.