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Terms & Conditions

ITDev Inc. provides Internet World Wide Web page hosting, Marketing, and Development. ITDev Inc. has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

ITDev Inc. general policy is to act as a provider of Internet presence. ITDev Inc. has specific ethical concerns regarding the use of its computers detailed below. ITDev Inc. reserves the right to suspend or cancel a customer's access to any or all services provided by ITDev Inc. when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of ITDev Inc. is strictly prohibited.

Unauthorized use of other people's accounts or computers ITDev Inc. 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 ITDev Inc. customer, whether or not the attacked account or computer belongs to ITDev Inc., 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 - ITDev Inc. 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.

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

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, hatred, or profanity
  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
  • Displaying material containing obscene nudity or pornographic material
  • 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


Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or 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. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $150.00 per sent Spam. Upon your third offense your account with ITDev Inc. will be terminated, you will be fined $300.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

99.9% Uptime Guarantee

(1.) Coverage
This 99.9% uptime guarantee applies to any ITDev Inc. client in good financial standing with ITDev Inc. at the time of a service outage.

(2.) Service Level
ITDev Inc. endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.

(3.) Credits
In the event that your web site is not available for more than 99.9%, ITDev Inc. will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Monthly Uptime Credit
95% to 99.8% 25%
90% to 94.9% 50%
89.9% or below 100%

For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month.

Minutes of continuous downtime Credit
60 25%
5+ 60 minute intervals 50%

In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an electronic mail message to mourad@itdev.ca. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by ITDev Inc.. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at ITDev Inc. , (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond ITDev Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in ITDev Inc.'s "terms of conditions and acceptable use policy" causing a machine to fail as a result.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the ITDev Inc. Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 1000 pieces of e-mail per day. If you do send more than 1000 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 $75.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support@itdev.ca to have your domain moved.

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.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. ITDev Inc. 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 ITDev Inc. at www.itdev.ca to request for termination of services. All payment is in Canadian currency. ITDev Inc. will bill each client $50 per returned check and $5 per wire transfer received.

We accept Visa and Mastercard for payment. We use various fraud prevention methods to protect us, our merchant account, our bank and the customer who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder. If anyone attempts to obtain service using a fraudulent or unauthorized credit card, your hosting account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We take credit card fraud very seriously.

Cancellation

ITDev Inc. reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ITDev Inc. if ITDev Inc. 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.) In the event that the client chooses to cancel their account prior to the term signed up for is complete, the client will not be entitled to any of the remaining funds.

Please note that a 15 day notice is required when cancelling your hosting services prior to the next cycle renewal. It is mandatory to contact our billing team as early as possible when you choose to terminate your services with us. Failure to do so will make it difficult for our staff to stop billing your account on time. If you are not able to send a written cancellation notice within the last 15 days of service and your account is auto-debited during this timeframe, you will be entitled to a refund less the cost of processing your credit (currently valued at $9).

All of ITDev Inc's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if ITDev Inc is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Refunds will be made by company check within 30 days of receipt of cancellation.

Lawful Purpose

ITDev Inc. reserves the right to refuse service to anyone. Customers may only use ITDev Inc. server for lawful purpose. Transmission of any material in violation of any Federal, State 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 ITDev Inc. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Ontario, and any dispute will be litigated or arbitrated in Ontario.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ITDev Inc. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ITDev Inc., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, 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 ITDev Inc. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ITDev Inc.'S 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 ITDev Inc.'S SERVER.

Disclaimer

ITDev Inc. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ITDev Inc. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ITDev Inc. 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 ITDev Inc. AND ITS EMPLOYEES. ITDev Inc. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ITDev Inc. MUST ADHERE TO THE ABOVE POLICIES.

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

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