Terra Software Corporation
ACCEPTABLE USE POLICY
( Last Revised: 6/3/2015)
This Acceptable Use Policy constitutes an agreement between Terra Software Corporation (TSC) and it's hosting clients (Clients). This agreement applies to all TSC Clients, represents the complete agreement and understanding between TSC and its Clients and supersedes any other written or oral agreement.
This agreement is effective and binding upon the acceptance / signing of the sales order and will remain in effect until terminated by either party. Any payment received for services constitutes Client's acceptance of charges and request for service for the duration stated on each invoice, no partial refunds will be given for unused service.
The Client may terminate service by notifying TSC with 30 days written notice, by letter or email. If the Client terminates this agreement, they shall remain responsible for any outstanding charges. TSC reserves the right to terminate this agreement at any time, but must provide a written notice by email or letter.
TSC may modify or amend this agreement at any time through notice to the Client via email or letter. The Client may not change or amend this agreement at any time.
TSC reserves the right to discontinue or change services offered and does not have to provide written notice. However if a change in service means affecting a clients current functionality TSC will provide notice prior to the change.
USE OF THE TSC HOSTING SERVICES CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE TSC HOSTING SERVICES. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THIS POLICY PLEASE E-MAIL POLICYCONCERNS@TERRASOFTWARE.COM.
TERMS AND CONDITIONS OF ACCEPTABLE USE
Indemnity
Due to the public nature of the Internet, all information should be considered publicly accessible, and important information or private information should be treated carefully. The Client is solely responsible for usage of TSC's service. Any statement made on or information posted to a site using TSC's service may be deemed a "publication" of the Client. THE CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON TSC THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE AND COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
The Client agrees to use TSC's service at their own risk. The Client is responsible for all use of the Client's account(s) and confidentiality of the Client's password(s) and information. TSC will suspend access or change access to Client's account(s) within a reasonable amount of time upon written notification by the Client that their password(s) or information has been lost, stolen or otherwise compromised.
IN NO WAY SHALL THE TSC BE LIABLE FOR ANY LOSS OR OTHER COMMERCIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.
TSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Removal and Destruction of Illegal or Offensive Data
The Client acknowledges that this service is governed by the Laws of the Province of Alberta and the Country of Canada. Therefore, the Client agrees to use the service in a manner consistent with any and applicable Alberta Provincial or Federal Canadian laws. The Client further agrees that Calgary, Alberta, where TSC is located, shall be the forum for any legal or mediation action relating to its services.
Clients agree that TSC shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of TSC, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, with prior notice.
Disruption of Network Services, Excessive Use
Clients shall ensure that use of TSC’s network services shall not disrupt TSC, its associated networks or equipment forming part of TSC's or the internet's systems. Clients shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any TSC user or to any directly or indirectly attached network. It is not acceptable to use TSC’s services to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:
- improper, harassing or offensive distribution of unsolicited advertising
- internet bullying
- general SPAM practices
- internet fraud
- illegal financial transactions
- digital currency mining
- transmissions of any type or quantity that causes disruption of service to others, denial of service attacks
- propagation of computer worms, viruses or malware
- use of the network to make unauthorized entry to other computer networks, information or communications devices or resources
Use of Services
TSC accounts cannot be transferred or used by anyone other than the TSC Clients or hosting clients. Clients cannot sell, lease, rent or assign an account or sub-services of an account to any party without the express, prior written approval of TSC.
The Client agrees to pay TSC all charges relating to the use of the Client's account(s) according to rates and prices agreed to in this contract for the term and length of this contract. If the Client's regular fees are to be applied to a credit card, the client authorizes TSC to directly post these charges. The Client is responsible for charges at the time the service is used. Any client that is late with payments 2 times within a one year period, or who has any outstanding charge 30 days or more overdue, will be required to provide a credit card number to be automatically debited for all current and future charges. Any clients who exceed 90 days in balances due will be immediately suspended in service until the account is cleared.
TSC reserves the right, to suspend access to service for the Client's account(s) upon any indication of credit problems including delinquent payments or rejection of any credit card charges and or NSF cheques.
The Client must explicitly close their account(s) for charges to cease, failure to request account closure will result in increased charges until the account is closed, or suspended due to lack of payment.
The above terms and general information are not all-inclusive and are subject to change at the sole discretion of Terra Software Corporation.