TOS and Acceptable Use Policy

This AUP is incorporated by reference in your services agreement with Webcore Labs Inc.  Webcore Labs Inc. retains the right to refuse new service to any individual, group, or business.  Webcore Labs Inc. also retains the right to discontinue service to customers with excessive or multiple repeated violations.  Your services may be suspended or terminated for violation of this AUP.  Inquiries regarding this policy should be directed to our ticketing system.

Abuse of Systems
You may not use Webcore Labs network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  1. You may not use Webcore Labs Mail Service to send bulk mail.  Please see the applicable "eMail Requirements" subsection below for those services.
  2. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system
  3. Interference with service to any user of the Webcore Labs or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
  4. Collecting or using email addresses, screen names or other identifiers without the consent of the person
  5. Collecting or using information without the consent of the owner of the information
  6. Using false, misleading, or deceptive packet header information
  7. Use of the service to distribute software that gathers information about a user or transmits information about the user without their consent or notification
  8. Any conduct to result in retaliation against the Webcore Labs network , website, or Webcore Labs' staff or other agents, including engaging in behavior that results in any server being the target of an attack
  9. You agree that we may remove permissions, rename, or delete any data stored on a system if the data is infected with a virus that could lead to abuse of our network/systems
eMail Requirements
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:
  1. Unsubscribe compliance
    - A visible and operable unsubscribe mechanism is present in all emails.
    - Consumer opt-out requests are honored within 10 business days.
    - Opt-out lists also known as Suppression lists are only used for compliance purposes.
  2. Content compliance
    - Accurate from lines (including "friendly sender name")
    - Relevant subject lines (relative to offer in body content and not deceptive)
    - A legitimate physical address of the publisher and/or advertiser is present. PO Box addresses are acceptable in compliance with 16 C.F.R.  316.2(p) and if the email is sent by a third party, the legitimate physical address of the entity, whose products or services are promoted through the email should be visible
    -  A label is present if the content is adult.
  3. Sending behavior compliance
    - A message cannot be sent through an open relay
    - A message cannot be sent without an unsubscribe option.
    - A message cannot be sent to a harvested email address
    - A message cannot contain a false header
    - A message should contain at least one sentence.
    - A message cannot be null.
    - Unsubscribe option should be below the message.
  4. Additionally, not more than 50% of utilized bandwidth within a shared hosting account can be used towards email
    ***VPS Cloud customers are able to exceed these mailing limits within their isolated environments
  5. These policies apply to messages sent using your Webcore Labs services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your Webcore Labs service.
  6. Webcore Labs may test and otherwise monitor your compliance with its requirements. Webcore Labs may block the transmission of email that may violate these provisions without consent or warning
  7. Unsolicited bulk email (UBE) of any kind is prohibited entirely from within our network
  8. You will be required to utilize SMTP Authentication when sending email from any web based scripts.  Sendmail/PHP mail() method will not be supported after October 1, 2014 within our shared hosting environment.

Scanning/Probing/Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Webcore Labs system or network, or attempt to breach Webcore Labs security or authentication measures, whether by passive or intrusive techniques, without Webcore Labs express written consent.


Prohibited Offensive Content and Unlawful Activities

Unlawful Activities
The services or third party services will not be used in violation of any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national, or international law, treaty, court order, ordinance, regulation, or administrative rule.
This includes:

  1. Child pornography
  2. Unlawful gambling activities
  3. Threats, harassment, and abuse of any individual, organization, or business
  4. Fraudulent activities
  5. Terrorist websites or other sites advocating human (or animal) violence and hate crimes based on race, gender, sexual orientation, religion, ethnicity, or country of origin
  6. Unlawful high yield investment plans, Ponzi schemes, or linking to or advertising these schemes

Child Pornography
Specifically, the services or third party services will not be used to publish, submit, receive, upload, download, post, use, copy, or otherwise produce, transmit, distribute, or store child pornography.

Unsolicited Email
The use of the services or third party services to send or receive mass unsolicited email ("SPAM"). This prohibition includes the direct sending and receiving of these messages, support of these messages through webpage, splash page, or other related sites, or the advertisement of these services. This prohibition also includes the falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator, or point of origin, or knowingly deleting any author attributions, legal notices, or proprietary designations or labels in a file that the Customer mails or sends.

Email Bombing
The sending, return, bouncing, or forwarding of email to specified users in an attempt to interfere with or overflow email services.

Proxy Email
The use of the services or third party services as a proxy email server to forward email to unrelated third parties.

UseNet SPAM
The use of services to send, receive, forward, or post UseNet unsolicited email or posts. This prohibition includes UseNet services located within the Webcore Labs network or unrelated networks of third parties.

Hacking
the use of the services or third party services for hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without the express written authorization of the owner of the system or network.

Threatening Material or Content
Our services or third party services will not be used to host, post, transmit, or retransmit any content or material that harasses, or threatens the health or safety of others. In addition, Webcore Labs reserves the right to decline to provide services or third party services if Webcore Labs finds the content obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, treasonous, excessively violent, promoting the use of violence, or otherwise harmful to others (including animals).

Violation of Intellectual Property Rights
Our services or connected third party services will not be used to publish, submit/receive, upload/download, post, use, copy, or otherwise reproduce, transmit, retransmit, distribute, or store any content/material; or engage in any activity that infringes, misappropriates, or otherwise violates the intellectual property, privacy, or publicity rights of Webcore Labs or any person. Intellectual property, privacy, and publicity rights include any rights protected by any copyright, patent, service mark, trade dress, trademark, trade secret, right of privacy, right of publicity, moral rights, and any other intellectual property right now known or later recognized by statute, judicial decision, or regulation.

Distribution of Malware
Includes the storage, distribution, fabrication, or use of malware, including virus software, root kits, password crackers, adware, key stroke capture programs, and other programs normally used in malicious activity.

Phishing
Any activity designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses. Splash pages, phishing forms, email distribution, proxy email, or any activity related to phishing activities may result in the immediate suspension of Customer's account.

Denial of Service
Any activity to implement or assist in the implementation of denial of service attack.  the use of services for the organization, propagation, or control of denial of service attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customers will not use the services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) that may result in attracting inbound denial of service attacks toward the services. Any relation to DoS or DDoS type activity is a direct violation of this AUP.


Shared Systems
You may not use any shared system/service provided by Webcore Labs in a way that unnecessarily interferes with the normal operation of the shared system/service, or that consumes a disproportionate share of the resources of the system. 

Account Requirements
  1. You must have valid and current information on file
  2. You agree that if the Webcore Labs IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP. Webcore Labs may take reasonable action to protect its IP numbers/block, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of unintentional actions
  3. You agree that if you register a DNS record or zone on Webcore Labs managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Webcore Labs may modify, transfer, or delete such records or zones
Subscription
Webcore Labs offers a subscription based hosting services. Customers may select between monthly, quarterly, semi-annual, and yearly subscription model. Accepted payment methods include all major credit cards (Visa, MasterCard, American Express), PayPal and Check/Cheque (Canadian Residents/Businesses Only). It is understood that monthly fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription to Webcore Labs Hosting and Related services.
  1. All Hosting accounts will require the initial payment to be made via credit card
  2. Customers utilizing check/cheque payments for future charges must retain a valid credit card on file for backup funding
  3. There are absolutely no refunds whole or in part for domain name purchases, regardless of length of term or accidental/misspelling of the domain name when purchased
  4. All fees and/or payments "credited" at the discretion of Webcore Labs will remain as credits on the account until exhausted
Cancellation Policy
  1. Upon receiving a cancellation request, all data will be removed from the system/servers and your account will be canceled
  2. If the cancellation occurs within the first 30 days of service, a full money back request can be requested and may be issued less any merchant processing fees at the discretion of Webcore Labs Inc.
  3. Any VPS Cloud solution is not eligible for the 30 day money back guarantee
  4. Webcore Labs recommends customers pay on a monthly basis. Refunds for longer pre-paid terms may be granted upon cancellation at the sole discretion of Webcore Labs outside of the 30 day money back guarantee period. Refunds when granted are subject to an additional cancellation fee of $50.00 plus any merchant processing fees
  5. Shared and VPS Cloud accounts can be canceled at any time and without notice. Cancellations will be processed upon receipt of the cancellation request during normal business hours of 7:00 AM - 7:00 PM EST
  6. After the 30 day money back guarantee period mentioned above, Webcore Labs does not provide partial monthly credits
Delinquent Accounts
Accounts in arrears will be suspended after 10 days and all data will be removed from our servers within 30 days after their suspension. Once data has been removed, it will not be retrievable.  Accounts must be paid to date before resuming.

SLA
No credit will be available under a Webcore Labs service level guaranty or agreement for interruptions of service resulting from AUP violations. Any/All  amounts "credited" at the discretion of Webcore Labs will remain as credits on the account until exhausted by future debits.

Jurisdiction

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Alberta, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Alberta, Canada in all disputes arising out of or relating to the use of our services.



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