ToS applies to all AirVM clients.
ToS applies automatically to all AirVM clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO AirVM’S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the ” service order ” document in case of colocation and dedicated server services.
AirVM, agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (ToS). Use of AirVM services constitutes acceptance and agreement to these Terms Of Service and all attachments. AirVM will make all reasonable efforts to provide a quality service to the Customer.
AirVM will use the customer’s personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes AirVM to use it’s name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that AirVM will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time (outside of reserved CPU), network capacity, disk IO or storage space.
Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to an AirVM server.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of AirVM or the customer.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
AirVM will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. AirVM will monitor the Customer’s bandwidth usage and shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.
Any IP Addresses allocated to the Customer by AirVM must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by AirVM to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by AirVM after five days notice to the Customer. AirVM shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by AirVM, and AirVM reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. All ip requests must be fully justified.
Upon request by the Customer, AirVM may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of $99 USD for those other services.
If, in the determination of AirVM, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of AirVM or any other user of the Premises, or poses an immediate threat to the safety of any person, then AirVM may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practical after performing such work, AirVM will advise, by email, the Customer of the work performed or the action taken.
Under no circumstances will AirVM be obligated to provide insurance coverage for any data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then AirVM may in its sole discretion do the following: without notice suspend access to the Customer Space.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to AirVM before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of AirVM’s invoices, which invoices will be issued 15 days before the end of the last paid period.
The Customer will pay AirVM the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by AirVM under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to AirVM before commencement of the Term, all amounts will be payable in American dollars within 15 days from the date of AirVM’s invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $35 USD reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $20 USD.
The Customer will pay by pre-authorized payment to a Customer credit card, by wire transfer or by cheque of immediately available funds remitted to AirVM Payment by check and wire transfer will only be accepted for 6 or 12 months prepayments.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $35 USD reconnect charge. Accounts that are not collectible by AirVM may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this ToS.
Upon 30 days or greater written notice prior to the end of the initial commitment, AirVM may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the control panel or in writing with the customer’s signature with at least 48 hours notice and sent to : AirVM, 390 March Road, Suite 110, Kanata, Ontario, K2K 0G7, Canada.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a package that offers fewer resources) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at AirVM.
The billing errors can be credited retroactively for a period of up to two (2) months.
Upon account activation, AirVM reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.
The Customer hereby authorizes AirVM and gives consent to AirVM under applicable privacy laws for AirVM to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to AirVM such further documents and assurances and take such further actions as AirVM may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT AIRVM PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. AIRVM WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF AIRVM’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO AIRVM UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL AIRVM BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
AirVM will make all possible efforts to provide a backup facility for all hosted solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. AirVM should not be held responsible of any loss of data or data corruption.
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by AirVM to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless AirVM, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by AirVM under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, AIRVM MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Severability and Reformation.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the province of Ontario and the laws of Canada applicable therein. The Parties irrevocably submit all disputes arising out of this Agreement to Ontario courts, judicial district of Ottawa.
Complaints or ToS & AUP violations must be reported to firstname.lastname@example.org or by mail at : AirVM, 390 March Road, Suite 110, Kanata, Ontario, K2K 0G7, Canada.
Changes and rights
AirVM may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that AirVM may impose from time to time, provided that the Customer has been given 30 days notice.