lEGAL Stuff

Service Level Agreement

Service Level Agreement - Terms and Conditions - 99.9% Network Uptime Guarantee

This Service Level Agreement ("SLA") applies only to Annapolis Valley Computers' Network Server/ Dedicated Server customers agreeing to a Minimum Service Period of one year or more.

The network is defined as core network infrastructure excluding the hardware, services and software running on the server. Network downtime is measured from the moment the Customer notifies an AVC support representative of a network failure to the time the Network is repaired. Notification of network failure must occur at the time of the outage and not after the fact.

For each cumulative hour of Network Unavailability exceeding two hours in a calendar month, at Customer's request, Customer's account will receive a credit for the pro-rated charges for one-half day of the Monthly Recurring Fee to a maximum of 50% of the Monthly Recurring Fee for the service. All Network Unavailability credit calculations will be based on unavailability in one-hour increments. Network Unavailability exceeding two hours in a calendar month does not apply during testing, development or creation of systems.

This agreement does not cover outages caused by equipment and/or events not under the direct control of Annapolis Valley Computers. (“AVC”) or caused by individuals not directly employed by AVC. This SLA does not cover outages due to scheduled or emergency network and/or facility maintenance, (normally carried out on weekends) which will be broadcast to all customers in advance.

AVC reserves the right to amend the SLA from time to time effective upon posting of the revised SLA to the URL or other notice to Customer; provided that in the event of any amendment resulting in a material reduction of the SLA's service levels or credits, Customer may terminate their service agreement without penalty by providing AVC writing notice of termination during the 30 days following notice of such amendment.

Acceptable Use Policy

Annapolis Valley Computers' customers (each a "Customer") must exercise a high degree of judgment and responsibility with respect to their use of Annapolis Valley Computers' services and they must comply at all times with this Acceptable Use Policy (the "Policy"). If a Customer or any third party affiliate of a Customer engages in any of the prohibited conduct identified below, this Policy will be deemed to be violated and Annapolis Valley Computers reserves the right to terminate its relationship with the Customer, including any Hosting Agreement or Service Agreement then in effect with the Customer. Upon detection or notification of an alleged violation of the Policy and prior to exercising any right of termination, Annapolis Valley Computers will initiate an immediate investigation into the violation. During the period of investigation, hosting services and outgoing e-mail may be suspended from the offending IP address(s) to prevent further violations. If a Customer is found, in Annapolis Valley Computers' reasonable determination, to be in violation of this Policy, Annapolis Valley Computers may, at its discretion and without notice to the Customer, terminate the offending account and all services under any Hosting Agreement or Service Agreement then in effect with the Customer. No refunds or fees shall be repayable to the Customer in the event of such termination or during any period of suspension.

Prohibited Conduct/ Network Abuse

(a) System Abuses: The Customer may not use the Annapolis Valley Computers network or services in any way that adversely affects other Annapolis Valley Computers customers. This includes but is not limited to: a) gaining or attempting to gain unauthorized access to servers or services. Such attempts include: "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities; b) introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; c) intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses; d) engaging in any of the foregoing activities using the service of another provider but channeling such activities through a Annapolis Valley Computers account or re-mailer or using a Annapolis Valley Computers account as a mail drop for responses to Unsolicited Commercial E mail ("UCE") or hosting a website that is advertised via UCE or otherwise requiring return transit through Annapolis Valley Computers' internet backbone; e) using IP addresses which were not assigned by Annapolis Valley Computers; or f) running Internet Relay Chat ("IRC") servers, bots or clients. Please note: Busy or poorly scripted online chat systems, bulletin boards and other resource intensive applications may not be suitable for shared hosting services and can adversely affect the service of other customers. To avoid problems please consult with an Annapolis Valley Computers representative before installing these kinds of applications.

(b) Posting of Adult Content and Links: Adult related content including adult-oriented images, text and links ARE NOT permitted on Annapolis Valley Computers' Hosting Platform.

(c) Sending Unsolicited Commercial Email or SPAM: The Customer may not send SPAM or Unsolicited Commercial Email (UCE) over the Annapolis Valley Computers network. This includes third party "opt-in" lists. Annapolis Valley Computers' services must not be used to send UCE and will not host sites or information advertised in UCE. The Customer must also not host a publicly-accessible "open relay" SMTP or anonymous re-mailer service. The Customer is responsible for the actions of its users and must take all reasonable precautions to secure its servers and sites against SPAM exploits. Please Note: Annapolis Valley Computers' email clusters will NOT process email lists. For security reasons, if you need to process a legitimate mail list you may use an Annapolis Valley Computers dedicated mail list server for this purpose. Please contact an Annapolis Valley Computers sales representative for more information (info@avcit.ca).

(d) Email Services: The Customer may not use Annapolis Valley Computers' email clusters to offer end users email-only services. Unusual or excessive mail usage may be restricted by Annapolis Valley Computers. Unused email accounts must be deleted from the system. Annapolis Valley Computers reserves the right to disable email accounts on its email clusters it believes are inactive.

(e) Posting of Illegal Content: The Customer must not include content or have links to content that: a) is unlawful or is reasonably considered offensive by the web community; b) promotes injury or physical harm against any group or individual; c) promotes or teaches illegal activities d) exploits or depicts children in a negative/sexual way; e) infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes; f) violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.

(f) Annapolis Valley Computers Administrative Access: The Customer acknowledges that to facilitate efficient server management, inventory and related activities Annapolis Valley Computers servers may include a Annapolis Valley Computers administrative account and password and/or a Annapolis Valley Computers daemon. All reasonable precautions are made by Annapolis Valley Computers to maintain the security of these tools and the privacy of client data. The Customer will not tamper, hinder, delete or in anyway change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and are grounds for the immediate suspension of a Customer's account.

Account Cancellation This Acceptable Use Policy is not exhaustive. Annapolis Valley Computers has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.

General Annapolis Valley Computers cannot monitor or control all the activities of the Customers. Subject to its right to terminate its agreements with a Customer which has violated this Policy, Annapolis Valley Computers exercises no control over Customer content and does not actively screen or censor the activities or content of Customers. The Customer, not Annapolis Valley Computers, assumes all responsibility and liability relating to its Internet activities.

Privacy Statement

Annapolis Valley Computers ("A.V.C.") takes steps to ensure it meets privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation. The purpose of this statement is to inform our customers and other individuals we deal with ("you" or "your") how we collect, use, disclose and protect your personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This statement applies to our collection, use and disclosure of personal information in Canada.

Personal Information We Collect
A.V.C. and its agents and representatives collect personal information in a number of circumstances in the course of providing web hosting services to customers.
Personal information we collect may include:
- Contact Information: Name, address, telephone number, email address and other contact information;
- Financial Information: Credit card numbers, bank name, billing address, transaction and purchase history with Annapolis Valley Computers;
- Usage Information and History: Annapolis Valley Computers usernames and passwords, IP address, support ticket history, visit history to avcit.ca and related websites;
- Such other information we may collect with consent or as permitted or required by law.

Use of Personal Information
A.V.C. generally uses personal information for the following purposes:
- for billing purposes, including managing, administering, collecting or otherwise enforcing accounts;
- for general administrative purposes and to ensure compliance with legal, regulatory, insurance, security and processing requirements;
- for customer relations purposes, we may contact customers to ensure their satisfaction with our services; and
- otherwise with consent or as permitted or required by law.

Disclosure of Your Personal Information
A.V.C. discloses personal information only as necessary to meet legal, regulatory, insurance, audit, processing and security requirements, with your consent, or as permitted or required by law. In addition to the above, personal information may be disclosed to our affiliates for internal audit, management, billing or administrative purposes. In no event will A.V.C. disclose any personal information about any customer to any third party without the customer's express written consent. Annapolis Valley Computers has taken security measures to ensure customer information is protected against loss, alteration or misuse. These measures include strong database encryption and secure protocols, such as SSL, when transmitting private information over the Internet.

Service Providers
Personal information, NOT including financial information, may also be transferred to third party agents or service providers we engage to provide technical support on our behalf, some of which may be located outside of Canada. We take reasonable measures to ensure that your personal information that may be collected, used, disclosed or otherwise processed by these service providers on our behalf is protected and not used or disclosed for purposes other than as directed by A.V.C., subject to legal requirements in foreign jurisdictions applicable to those organizations, for example lawful requirements to disclose personal information to government authorities in those countries.

Business Transactions
Personal information may be used by A.V.C. and disclosed to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of A.V.C. or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include:
- permitting those parties to determine whether to proceed or continue with the transaction
- fulfilling reporting, inspection or audit requirements or obligations to those parties
- permitting the use and disclosure of your personal information by those parties (for example, assignees) for substantially the same purposes as described in this privacy statement.

Our Website/The Internet
Customer IDs and Passwords
Customer identification numbers and passwords issued by A.V.C. are the responsibility of the customer to keep safe and confidential. Customers must ensure that only authorized personnel access their accounts. If for any reason you are concerned about this, please contact us at info@avcit.ca.

Site Visitors
A.V.C. collects information about visitors to its web sites such as: length of visit, the pages visited and the referrer. A.V.C. may also use "cookies" to help track sessions or for other administrative purposes. This information is for internal use only and helps A.V.C. to improve its customer service and marketing strategies.

Your Consent
Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this privacy statement, if applicable, or otherwise at the time of collection. You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. A.V.C. collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

Security
We protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees and agents of A.V.C. who require access to your personal information in order to fulfill their job requirements will have access to your personal information.

Access, Correction and Contacting Us
A.V.C. may establish and maintain a file of your personal information for the purposes described above, which will be accessible at Annapolis Valley Computers, 58 Hall Road, Kingston, Nova Scotia, B0P 1R0. If you wish to request access or correction of your personal information in our custody or control, you may write to the above address, attention Customer Service. Your right to access or correct your personal information is subject to applicable legal restrictions. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us as described above, e-mail us at info@avcit.ca or telephone us at 1 902 242 2705.

Privacy Statement Changes
This privacy statement may be revised from time to time. If we intend to use or disclose personal information for purposes materially different than those described in this statement, we will make reasonable efforts to notify affected individuals in advance, if necessary. If you are concerned about how your personal information is used, you should contact us as described above or check back at our website periodically to obtain a current copy of this statement. This privacy statement is effective as of June 1, 2011.