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Acceptable Use Policy (AUP), Service Agreement terms, conditions and
policies for The TriGiga Dedicated Servers 1. SPAM The customer could be subjected to legal actions as specified by Ontario, Canada, and or International laws and regulations for any damages incurred to The Technomax Group (Owners of the TriGiga Site) or its third parties, including but not limited to:
a. Unsolicited bulk or mass electronic email b. Using a third party server to transmit advertisements through our servers c. Using a third party server to transmit advertisements to promote a site hosted at our server d. Use of any and all services to generate any mailing or posting, with any reference to The Technomax Group services including but not limited to: i. Mailboxes ii. auto responders iii. Web sites e. Sites that install IRCbots, bitchx, or any other application that allows for the distribution of mass unsolicited email, shall be immediately disconnected from our network until the issue is resolved. f. You are fully responsible for the security of any scripts and damages caused by same on your server that allow for access by a third party that does not have such privileges. Please assure that all scripts are secure and do not allow third party compromise of your server, especially scripts that will allow mass email to be sent. 2. Adult Content Any Web site that depicts or contains the following is prohibited: a. adult-oriented content b. sexual nature c. Material (images or multimedia containing nudity or deemed obscene) designed for entertainment or commercial use will not be tolerated. These repugnant sites include but are not limited to: i. Pornographic materials depicting children of any kind ii. Adult sites (images or multimedia including any form of nudity) iii. Explicit sexual discussion or depiction iv. free of charge adult sites are prohibited as well v. Adult ID verification 3. Racial Content Racial or hate content is prohibited including but not limited to: a. images, b. multimedia, c. message boards d. forums e. physical harm f. threats g. injury to a particular person(s) / race 4. Casinos and Online Gambling The Technomax group will not accept any type of casino, or online gaming driven business that take any form of money including but not limited to: 1. Online bets 2. Live wagering 3. Deposits 5. Abuse The Technomax Group considers the below as forms of abuse to its services. Users caught engaging in such activities will have their accounts terminated or disconnected. Possible criminal charges may apply/ these include but are not limited to: A. Casing harm, damage to a server or customer of The Technomax Group by: i. DoS/DDoS attacks ii. IP spoofing iii. Syn-flood iv. Ping attack v. Exporting encryption software vi. Transmitting internet viruses such as Trojan Horses, Worms, etc. vii. Port scanning B. Unauthorized use of accounts C. Online scams such as swindling users into giving out passwords D. Security hole scanning 6. Copyrighted Material/Abuse related issues Any complaint that The Technomax Group receives from outside parties regarding online copyright/abuse related violations, must follow the following procedures or the complaint will be discarded as false. These procedures are designed to determine the validity of complaints. A. Complaints must contain the exact violation being committed in detail: i. URL of the site in question ii. The page of the site contains the violation iii. A hard color copy of the page must be submitted via postal mail screen capture via email with the violation clearly marked in red. B. Proper contact information of the party reporting the violation: i. Full Name (First and Last) ii. Company Name (if any) iii. Address (No PO boxes) iv. City/State v. Country vi. Telephone (We will contact you to validate the complaint) vii. Email (no free emails) C. Complaints should be forwarded by postal mail to the below address only, preferably by registered mail: (do not forward to web site address). The Technomax Group 20 Queen St N. Suite 101 Mississauga, Ontario Canada, L5N 1A1 Attention: Bob Ciprovski D. Complaints submitted by email other than through our form on this site could be ignored and considered as possible SPAM. Note: There is no specified period of time that these types of complaints are dealt with; however, if the above procedures are followed then it will be facilitated as soon as possible. 7. Payment and Disconnection Policies The Technomax Group's policy is as outlined below: A. Payment: i. Payment for any service is required in advance upon opening an account. ii. The Technomax Group accepts payment by credit card or wire transfer. (Please note that if you choose wire transfer, you are responsible for any applicable fees). iii. The Technomax group will require that all customers submit a fax authorization form for all credit card payments. The information entered on the authorization form must be the same as with their respective credit card company. P.O. boxes are not accepted, a real concrete address with full contact information must be provided. We reserve the right to refuse service to any customer not providing such information. iv. Invoices are emailed to the email provided by the customer upon registration. v. It is the client’s duty to verify their balance and download their invoices or request a copy by emailing us through our contact form in the event that they do not receive one for any reason. vi. Business days excludes any day that banks in Canada and Quebec are required or permitted to be closed. B. Disconnection: i. Overdue balances will result in disconnection ii. Customers who call upon disconnection may be required to pay a reactivation fee. iii. The Technomax Group is in operation during standard business hours 9am to 5pm. In the event that an account is disconnected due to non-payment, customers could be obliged to wait until the next business day for re-activation. Business days excludes any day that banks in Canada and Ontario are required or permitted to be closed iv. Disconnected accounts will remain inactive until payment is received. Customers who wish to reactivate their account must contact billing to make payment arrangements. The turnaround could take up to 24hrs. (Week-ends and statutory holidays are not included only standard business days). v. If a payment is NOT received after a two week period, the account will be permanently deleted. C. Summary: Overdue accounts are placed on probationary status; no additional work will be performed. The Technomax group applies the above procedures to minimize administrative costs therefore, translates into economic savings to the customer. 8. Credit Card Rules and Verifications The Technomax Group will verify all credit cards submitted with the respective companies VISA, MasterCard, American Express or issuing banks. If it is found that a fraudulent card was submitted, we reserve the right not to accept the customer even if a new credit card is submitted 1. Required information: A. Full name including first and last name as registered with the respected credit company B. Address as registered with the credit card company C. Phone number D. Credit card type E. Credit card number F. Expiry G. CVV2 H. All customers submitting credit cards will be required to submit a signed written authorization form viafax I. The Technomax Group reserves the right to refuse service for failure to submit the credit card authorization form. J. Customers will receive a phone call from administration to ensure they subscribed for a particular service and that they are the legit account holder of the credit card submitted Any of the above information not provided or withheld by the customer The Technomax group will not activate the account. If credit card information changes in anyway, it remains the sole duty of the customer to provide the new information before the first of the next month by contacting billing at 905-507-1088 with the new information. 9. Cancellation In the event that a customer would like to cancel their service, it will be the customer’s sole responsibility to inform us by: A. Written form such as email via our contact form that you no longer wish to be billed by The Technomax Group or postal mail. This is the only form we will accept as form of cancellation. B. Not submitting a payment on the due date will result in an automatic account cancellation C. Prior to canceling please ensure the following: i. You are canceling prior to the first of the next month i.e. if we are January 1st you must cancel BEFORE February 1st in order not to be billed for the month of February. (Not on the day you have to pay) ii. You will be responsible for another month of service if you cancel even one day after your due date. iii. All outstanding balances on your account must be paid in full. iv. Person who is canceling is the person whose name account is registered with; in the event that an account is erroneously cancelled The Technomax group will NOT assume responsibility in any way shape or form. D. Partial cancellation Resellers /Customers with multiple domains, services and servers The following rules apply: i. Delete the domain you wish to cancel from your control panel (we do not perform this task as to avoid errors, so do not send emails requesting deletion of domains) ii. Send an email us via our contact form indicating how many domains you are to be billed. iii. Back-ups of files and data pertaining to customers servers will remain solely the resellers/customers responsibility. Although we provide complete server backups, we cannot guarantee their availability in useable form. It is an excellent idea for you to have your data backed up as well. Note: Once a domain or complete account is deleted from our system all files, data pertaining to that particular account or domain is permanently lost and cannot be retrieved. The name in which the account was registered will be the person who will receive support. The Technomax Group does not provide support to unknown parties, unregistered persons on behalf of resellers and or customers. 11. Domain Renewal It is the responsibility of all customers who have hosting services with us to renew their respective domains. They can do so by checking the whois of their respective registrar. In the event that a domain is expired or becomes unavailable, The Technomax Group will not be responsible or liable in any way. 12. Upgrades to servers Clients who wish to upgrade their existing packages or services may do so at anytime. However, 30 day money back guarantee will not apply. 13. Indemnity You agree to defend, indemnify and hold The Technomax group and all its licensors, content/service providers, employees, agents, officers, directors and contractors(indemnified parties) harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, credit card charge backs, damages loss, judgments, any and all claims brought in connection herewith to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account. 14. Support A. Our support system functions mainly by email and/or online help desk; this is to avoid any discrepancies by keeping written logs. B. Our turnaround time can be estimated up to 24hrs to respond to technical questions submitted by email. C. You will need to have your customer ID ready in order for our support staff to identify you. D. General inquiries may be submitted to your support email address or through the form on this site 15. Dedicated Support A. If you have a dedicated number to contact please ensure you have all information needed. B. Customers with dedicated representatives should speak only to their respective representatives to avoid miscommunication. a. We will not be responsible in the event of a miscommunication. C. Please note that all user names and passwords/customer ID’s will not be given out to unauthorized personnel for security purposes, it is the customers responsibility to keep this information on hand when contacting support. D. If the passwords/customer ID is compromised in any way, The Technomax group is NOT responsible or liable in any way. E. Our support staff will NOT provide any assistance to anyone other than the respected customer. Any charges will be forwarded by email to the customer and will require written authorization Note: All customers should keep their user names and passwords in a safe place to avoid compromise and unauthorized use. The Technomax group will not be held responsible in any way in the event of unlawful use of passwords and user names, including but not limited to customer ID’s. It is the customer’s sole responsibility to ensure this info is not made public. 16. Modification A. Terms of this AUP are subject to modification at our discretion. B. It is recommended that customers read and understand, check our AUP for the changes at least once a month and agree to the terms outlined. If at any point in time you do not agree to the following: A. Terms amended whether at the present or in the future we will no longer be able to provide you with services and this will result in automatic termination of your account. B. No refunds or prior warnings will be issued in this case. 17. Client Information The above policy applies to all customers and users in the same manner and will be enforced with the strictest of guidelines without exception. Any violation of the above mentioned, can seriously damage a businesses reputation online and otherwise. Incidents involving the above mentioned may result in legal action to the fullest extent. 18. Package pricing All prices are subject to change without prior notice. The Technomax group reserves the right to change the prices of any service to meet market standards. Customers can guarantee their current service(s) rates with advance payment for the length of time of their choice. The Technomax group will give a 30 day advanced notice via email for any price changes. For most up to date information please visit our web site www.trigiga.com |
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