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Terms and conditions
0. Definitions:
0.1 We: CIBAXION Inc.
0.2 You: The client benefiting from Cibaxion's shared or dedicated hosting services.
0.3 Infrastructure: The entirety of Cibaxion's public hosting installations composed of, inter alia, routers, shared servers, dedicated servers.
0.4 Spam: Any uncommanded email, marketing-oriented or not.
0.5 Personal information: Any information regarding a person's name, surname, contact information, banking information, etc.
0.6 Shared hosting: The right of access to resources (disc space, bandwidth, ...) available on a shared server, by a certain number of clients.
0.7 Dedicated server: A server with pre-determined performance characteristics, linked to our network, that uses a pre-defined bandwidth and benefits from a life-time physical warranty.
1. Terms and conditions for use of our hosting services:
1.1. Quality of service:
CIBAXION is dedicated to providing an Internet hosting service that respects good practice. In particular, CIBAXION is dedicated to providing a service that is up to 99.8% free of interruption per year (hence, not exceeding 1 hour, 45 minutes and 12 seconds of interruption per year).
In cas of exceeding of this delay, CIBAXION will refund on a pro rata basis, 150% of the paid fees for the interrupted service. In case of interruption for a delay lasting over 96 hours, the client is entitled to ask for a cancellation of the hosting agreement, and CIBAXION will refund the entirety of the paid fees for the remainder of the contract period.
1.2. Delays of hosting service delivery:
Any purchased shared hosting service will become available to the client in the minutes following its creation. However, due to the normal DNS delay of propagation that are outside our control, these services may not be useable until the domain name is available. The normal DNS delay of propagation ranges from 1 to 48 hours.
The preparation, set up and delivery of a dedicated server requires between 24 hours and 72 hours. If extra time is required, CIBAXION will inform the client in a timely manner, and the client will have the option to cancel his order. In case of cancellation, CIBAXION will refund the entirety of the location fees that have been paid by the client.
1.3. Compliance to the Canadian judiciary code:
Any content hosted on our platform, whether it is shared hosting or a dedicated server, must entirely comply to the rules and laws in force in Canada.
Without limiting the generality of the following, here are a few examples of forbidden content type :
- Content breaching copyrights regulations (ex.: music, images, infringement)
- Hacked software or illegal dispensing of software
- Any content leading to hacking or to copyright infringement
- Any content of violent nature of inciting violence
- Any content of pornographic nature
Any site failing to meet these conditions will immediately be suspended, without warning nor eligibility to refund. Moreover, CIBAXION shall warn the judiciary authorities.
1.4. Types of websites forbidden to hosting by CIBAXION :
Hosting of the following types of websites are strictly forbidden on CIBAXION's hosting platform:
- website allowing or promoting mass transmittal of email
- website containing video contents generating an outgoing traffic superior to 10Mbps
- website with pornographic or erotic content, or with content unsuitable for a minor
- IRC or IRC robot
Any website failing to meet these conditions will immediately be suspended, without warning nor eligibility to refund.
CIBAXION reserves the right to suspend any website intruding with the operation of its infrastructure.
1.5. Policy regarding uncommanded emails:
CIBAXION is a leading agent in the war against spam. It is strictly forbidden to host or promote, in any way, a website or Internet service that transmits any type of uncommanded email.
Any domain name registered with CIBAXION and that is involved in the transmission of uncommanded emails will immediately be suspended.
In any event, our servers may not be the source, intermediary or recipient address of uncommanded emails.
Any type of abuse will systematically be investigated and, if suitable, the client account will immediately be suspended without warning nor eligibility to refund. Fees of $3000 CAD may also be charged to the client for injury to reputation of our infrastructure.
1.6. Injury to security and proper operating of our infrastructure:
Any client involved in an activity liable to causing repairable or non repairable damage to our infrastructure will see the suspension of our services and will not be eligible to refund.
Legal proceeding will systematically be intended and, where relevant, service reinstatement fees will be charged $150 CAD/ hour.
1.7. Confidentiality, Backups and Liabilities:
CIBAXION deploys all its resources to guarantee the security and confidential status of your data.
Regular backups are made on our shared hosting platform (databases, web space and emails). These backups are solely meant for use by CIBAXION, in case of a problem arising on our servers. Therefore, access to their contents may not met claimed, in any case, by the client. The client is liable for the operation and saving of his own backups.
No backups are made on our dedicated servers. Disk space allocated to client backups is available on request, for compensation.
CIBAXION shall not be held accountable for any damage involving a loss of data, whether total or partial.
1.8. Hardware and Software Warranty for Dedicated Servers:
The rental of a CIBAXION dedicated server allows you to benefit from an time-unlimited warranty on hardware, insofar as the rental fees for the server are paid.
Should hardware damage occur on a dedicated server, CIBAXION is committed to repairing it within 24 hours. Should this delay not be met, CIBAXION will refund 150 % of the rental fees, on a prorata basis for the unavailability period.
This warranty does not, in any case, cover software failures.
CIBAXION provides operational servers, with pre-set and pre-configured software, in order to facilitate the server startup. However, we entirely reject liability for any software installed on the server by a third party. It is the client's sole responsibility to install, uninstall or reconfigure any time of software on his server.
1.9. Billing:
To prevent your services to be mistakenly suspended, CIBAXION sends many reminders to renew their services prior to the expiry date of the services.
If the client does not pay the completeness of the fees due before the expiry date of the services, CIBAXION shall assume the client wishes to suspend the services. The client will be able to reactivate his services up to 30 days after their suspension. After this delay, the service will be permanently deactivated and any data saved on our infrastructure will be deleted.
2. Terms of privacy
CIBAXION is committed to preserve your personal information in a safe manner. We shall not, under any circumstances, disclose personal information to a third party, unless you otherwise and explicitly agree.
CIBAXION shall not be held responsible for any information leak due to the hacking of our infrastructure or to any other case beyond our control.
3. Refund policy
3.1 Shared hosting (email + web):
According to our guaranteed satisfaction policy, CIBAXION will refund you, in case of dissatisfaction, the entirety of the paid amount (for the current period), if you make a claim during the 30 days following payment. No refund will be allowed for an engagement inferior to 6 months.
3.2 Domain names:
Any fee paid for the registration of a domain name is not refundable. However, the client remains proprietary of the domain name, and may:
- choose that the domain name management remain with CIBAXION, while transferring the hosting to another provider (modification of DNS), OR
- choose to transfer the domain name management to another provider, while keeping the name for the previously reserved period.
3.3 Dedicated servers:
The rental fees for the dedicated servers are not refundable.
However, in the eventuality of migration to a superior range of CIBAXION dedicated servers, the rental fees related to the remaining period, with the exception of those in the current month, will be credited to you for the rental of the new server. Please contact our sales department if you wish to benefit from this credit prior to ordering your new server.
