TERMS OF SERVICE

Please review and understand the following terms of service; signing up and continuing service with Autumn Walker signifies your understanding and compliance with these terms.

0.   Introduction

By using Autumn Walker Web Services’ (Autumn Walker, our, us, or we) products and services, you (you, your, or Customer) agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. This Acceptable Use Policy (this AUP) is incorporated by this reference into each Service Order. Your use of our products and services is subject to your acceptance and compliance with this AUP. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS AUP. We reserve the right to amend or modify this AUP from time to time, and your use of our products and services. We will post changes to the AUP on the legal page of our website at https://www.autumnwalker.ca/tos, which posting will constitute your acceptance of any such amendments or modifications. You are responsible for complying with this AUP and for violations attributable to your customers and users, whether authorized or not by you or by us. You must take all reasonable steps to ensure that your customers and users comply with this AUP. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS. INTERPRETATION The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

1.   General Terms

1.1 Choice of Law

This agreement shall be governed by Nova Scotia law, without reference to conflicts of laws principles, and the exclusive venue for all disputes—contractual or otherwise—arising out of, or relating to the subject matter of, this MSA shall be Halifax, Nova Scotia, and the parties hereby waive their respective rights to contest, or assert a defense based on, inconvenient forum or improper jurisdiction. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.

1.2 Losses or Liability

Under no circumstances will Autumn Walker or its affiliates be held liable for any cost, expense, liability, claim or damage due to such interruptions. In no event shall Autumn Walker or its affiliates be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services.

1.3 Indemnification

Customer shall indemnify, defend, and hold harmless Autumn Walker, its directors, officers, employees, agents, and affiliates (each an “Indemnified Party”) from and against any claims, causes of action, losses, damages, liabilities, penalties, proceedings, judgments, costs, or expenses (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of or relate to this Agreement or Customer’s use of the Services or Autumn Walker’s network, or Autumn Walker Facility, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorney’s fees incurred by such Indemnified Party in connection with investigating defending or settling any loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

2.   Acceptable Use

2.1 Consequences of Violations

When we become aware of a violation or an alleged violation of this AUP, we will initiate an investigation. During the investigation we may restrict Customers access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, in our sole discretion, restrict, suspend, or terminate Customers account and / or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation. We reserve the right to disclose information relating to you and your use of our products and services, if such information is disclosed in connection with an investigation or in order to prevent the death of or bodily harm to any individual, as determined by us in our sole discretion. We do not issue service credits for any product or service incurred through service disablement resulting from policy violations and we will not be in default for so disabling any such services. You shall be liable for all costs and expenses incurred by us resulting from an investigation of your prohibited use of our products and services. You will cooperate and comply with any investigation regarding this AUP or the use of our products or services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency. We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, we may: disable access to your content that violates this AUP; suspend or terminate your access to our products and services; remove DNS records from Servers; block mail or any other network service; affect IP address null routing (and also charge a monthly fee or one-time fee for maintaining the null route); and/or take legal action against you to enforce compliance with this AUP.

2.2 Illegal Use

Our products and services may be used only for lawful purposes. Transmission, distribution, storage, or linking to of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property rights used without proper authorization and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by Canadian law.

2.3 Security

Violations of our system or network security are prohibited and may result in criminal and civil liability. Our servers and networks may not be used for: introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers; causing or initiating security breaches or disruptions of network communication and / or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information; executing any form of network activity that will intercept data not intended for your server; evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks; interfering with or denying service to any user, host, or network other than your host, such as a denial of service attack or distributed denial of service attack; conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information; soliciting the performance of any illegal activity, even if the activity is not performed; or using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session. The preceding list is an example and not an exhaustive list of prohibited activity. If you are aware of or believe that a violation of this AUP has occurred, please contacts us and report the violation as set forth in the last paragraph of this AUP.

3.   Account

3.1 Cancellations

You may cancel your account at any time. To cancel your account, use the “Deactivate Account” button in your account settings.

3.2 Ownership

Accounts opened with a company name are for official use by the mentioned company only and you confirm that you are authorized to make purchases for and on behalf of the company and that the company has authorized use of and will pay for Autumn Walker’s services. Accounts may not be loaned, transferred, or sold to third parties. To transfer a server or service to a third party you must contact Autumn Walker to arrange the transfer of the service into a new account.

3.3 Communications

Communications with or submitted to Autumn Walker including, but not limited to, emails, support tickets, chats, and voice conversations are the exclusive property of Autumn Walker and are not to be copied, shared, or otherwise reproduced without prior explicit written permission from Autumn Walker. Foul, explicit, rude, or abusive language will not be tolerated and may result in immediate account termination without refund. Threats of physical violence shall be grounds for immediate termination of services without refund. Threats or discussion in private or public of taking legal action against Autumn Walker or its founders may result in immediate termination of all services at our sole discretion. We love working with our customers if there is an issue with your account please let us know directly so that we can assist you.

4.   Email

4.1 Blocking and Throttling

Email sending and receiving is throttled on the server’s main IP, this throttle is intended to prevent mass email sending (typically SPAM) without affecting email usability for a small business (up to 300 emails per day).

4.2 Regular Usage

You may send regular amounts of email (up to 300 emails per day) in connection to your business from your server which is directly related to websites hosted on that server but you may not use an Autumn Walker server to act as a mailing server for websites not hosted at Autumn Walker. For example, allowed usage might be forum reply notifications, eCommerce purchase notifications, email back and forth between humans at your business and your clients, etc. Examples of disallowed sending would be any emailing in excess of 300 emails per day, or emails regarding a website or product that is not hosted at Autumn Walker. Email marketing services, email sending services, email list management services, and other mass mail service providers are strictly prohibited from operating any service, even unrelated services, on our network.

4.3 Spamming

You may not: send unsolicited bulk messages over the Internet (spamming); create fake weblog or weblogs which are intended or reasonably likely to promote the authors affiliated websites or to increase the search engine rankings of associated sites (splogs); or send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (spamming blogs). All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not opted-in to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Autumn Walker upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an opt-in process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and opt-in elections and provide such records to Autumn Walker upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-in elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following: use of our network for the receipt of replies to unsolicited mass e-mail; forgery of email headers (spoofing); spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software; configuration of a mail server to accept and process third-party messages for sending without user identification and authentication; hosting web pages advertised within spam e-mail sent from another network (spamvertising); hosting web pages or providing services that support spam; any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and instructing others in any activity prohibited by this AUP. If you or any user that is your customer use our products or services in a manner that causes us or our affiliates or customers to be blacklisted or blocked, we reserve the right to (i) suspend permanently or terminate your Autumn Walker services and/or (ii) suspend permanently or terminate your access to the Autumn Walker services. Operating our products or services on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at http://www.spamhaus.org shall constitute a violation of this AUP.

5.   Invoicing and Payments

5.1 Charge Backs and Billing Disputes

Raising a billing dispute with our payment processors or charging back a payment made to Autumn Walker will place your Autumn Walker account in bad standing. We reserve the right to immediately terminate all services without refund for accounts in bad standing. Termination of services does not remove payment obligations and court or collections processes may begin to recover funds owed to Autumn Walker.

5.2 Invoicing

To keep our costs and prices low our billing system and service suspension system is largely automated. Services are prepaid and failure to make payment will result in service suspension. When the invoice is seven (7) days overdue services are suspended. Overdue notice is emailed when 24 hours past due. Late fees of 15% of total invoice value, or minimum of $5.00 CAD, will be applied to any invoice which is past due. Services will be terminated when invoice is 60 (sixty) days past due.

5.3 Payments

Payment is due on the date indicated on your invoice. Failure to make payment on time may result in suspension or permanently termination at the sole discretion of Autumn Walker.

5.4 Pricing, Quotes, and Offers Subject to Change Without Notice

Offers, quotes, and other pricing information provided is provided on “at current time” basis. A variety of factors affect our ability to deliver a product or service at a certain price. If at any time we deem that we are no longer able to offer a product or service at a quoted price we may withdraw that offer at any time.

Domains and services shall be renewed at the same price as new registrations. The current pricing for each service is displayed on our website (https://www.autumnwalker.ca/domains). Domain and service renewal reminders will be sent 30 days in advance of expiration via email to the address stored in your client area. Should an expired domain enter the redemption period, a cost of restoring the domain shall be incurred by the customer as per the current price listing here.

6.   Terms of Service

6.1 Scheduled Maintenance

Scheduled Maintenance does not factor into Service Availability. To ensure platform uptime and keep Autumn Walker services operating optimally, it is necessary to perform regular, routine maintenance (“Scheduled Maintenance”) that, on occasion, may affect Platform availability.

Autumn Walker reserves the right to schedule maintenance windows with twelve (12) hours’ notice, for not more than eight (8) hours at a time. All efforts have been put in place to isolate this downtime from the actual services themselves. Although not guaranteed, services will typically be unavailable during this window for less than fifteen (15) minutes. Scheduled maintenance windows may be viewed by registered customers from within Cortex (https://www.autumnwalker.ca/cortex/serverstatus.php).

6.2 Support

Absolutely no third party software support is provided for customers. Clients can certainly submit support requests relating to infrastructure, platform, domain, or other account issues.

Updated: 2016-12-28