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Upon activation of your account with Cirrus Tech Ltd. this agreement becomes active and will become void once the account with the Provider is terminated.
Cirrus Tech Ltd. services may only be used for lawful purposes: Transmitting, Storage, or Distribution of any information, data or material in violation of Canada regulation or law, or by the common law, is prohibited. This includes, but is not limited to copyright, trademark, trade secret, or any other statue. Cirrus Tech Ltd. reserves the right to remove the infringing data from its server along with the account at our discretion. Cirrus Tech Ltd. forbids anyone using our servers to distribute, store or transmit obscene or pornographic material, or any other material which Cirrus Tech Ltd. determines unacceptable.
Ethical E-mail Usage (SPAM):
Cirrus Tech Ltd. strictly prohibits SPAM (unsolicited, junk e-mail) being sent from accounts hosted by Cirrus Tech Ltd. Users found guilty of sending SPAM from their accounts will have the account terminated immediately at the discretion of the technical management. Any fees paid to Cirrus Tech Ltd. will be non-refundable. No exceptions will be made to this policy.
NOTE: The account holder is held responsible for any SPAM transmitted from Cirrus Tech's services. This includes SPAM transmitted by the account holder, account holder’s clients, employees as well as any automated script on your website regardless of whether or not the account holder is aware of this activity. Any cost incurred by Cirrus Tech Ltd. as a result of SPAM activities, will be billed to the account holder.
Adult Content:
Cirrus Tech Ltd. strictly prohibits the storage and distribution of Adult Content. This includes, but is not limited to softcore pornography, hardcore pornography, or anything else which may be deemed legal viewing only for users 18 or older. Users found distributing content of this nature will have their accounts terminated at the discretion of the management.
Torrent Content:
Cirrus Tech Ltd. strictly prohibits the storage and distribution of, or linking to, Torrents or Torrent sites.
Web Space (Shared Hosting & Bulk/Reseller Hosting ONLY):
The webspace provided to you on Cirrus Tech Ltd’s shared hosting and bulk/reseller hosting plans is strictly for hosting conventional websites, not for web storage. You shall at all times use Web Site Space exclusively as a conventional Web Site. Accounts using these plans for Web Storage purposes and not solely for web site content will be suspended.
Server Restrictions:
Clients using our services may not use excessive resources including CPU, Memory, and Bandwidth. Clients are also not allowed to run background processes or daemons on our server. Clients found doing so without previous authorization will have their accounts deleted. Accounts using excessive resources, damaging Cirrus Tech Ltd.'s servers in any way, or otherwise infringing other users' abilities, will have their accounts terminated. Bandwidth overusage fees are billed at $ 0.50 / GB overused traffic.
Network Security:
Customers may not use the Cirrus Tech Ltd. network with an attempt to circumvent user authentication or
security of any host, network, or account. This includes, but is not limited to, accessing data not intended for
the customer, logging into a server or account the customer is not expressly authorized to access, password
cracking, probing the security of other networks in search of weakness, or violation of any other
organization's security policy. Customers may not attempt to interfere with or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload
or crash a host or network. Cirrus Tech Ltd. will cooperate fully with investigations of violations of systems
or network security at other sites, including cooperating with law enforcement authorities in the investigation
of suspected criminal violations. Users who violate system or network security may incur criminal or civil
liability.
Liability:
If a malicious user obtains access to an account, either through the purposeful distribution of account information or due to a faulty program on the account, the client will be held liable for any damages caused by the intruder. If you know someone has obtained the password to your account, please notify us immediately, so that we may rectify the situation before any damage is caused. Privacy: Cirrus Tech Ltd. does not guarantee users' privacy while using our services. Periodically it is necessary to check a user's directory to ensure that they are meeting our Terms of Service. Cirrus Tech Ltd. also does not guarantee the privacy of access logs found on our server. Access logs may need to be deleted or compressed as deemed necessary.
Refunds:
Cirrus Tech Ltd. will fully refund the designated amount as determined by Cirrus Tech’s billing department, for new subscriptions that have not violated our Terms of Service and that have not passed the 45-day full money back guarantee period.
The 45-day full money back guarantee period only applies to new subscriptions on a 3-month or greater subscription period. 45-day full money back guarantee period DOES NOT apply to Dedicated Servers, upgrades to Existing Subscriptions, Domain Registrations, SSL Certificates, Subscription Renewals, or Xen VM Plans IV, V and VI.
Cirrus Tech reserves the right to offer partial refunds on a per case basis as long as the client has not violated our terms of services. Administrative fees will be charged for any refunds unless the 45-day full money back guarantee applies.
NOTE: Absolutely NO refunds will be issued on renewal orders if client has not requested termination of services within 7 days from the time the automatic renewal has been processed.
Cancellations:
Cirrus Tech Ltd. reserves the right to cancel any subscriptions at its own discretion. Customers have the right to cancel their service at any time by contacting Cirrus Tech Ltd. or by using the control panel console to request account termination. Clients will not be refunded for any unused portion of their subscription unless the cancellation is for a new subscription that has not violated our Terms of Service and that has not passed the 45-day full money back guarantee period (See Refunds above). A credit for the unused portion of the subscription may be applied to the client’s account at the discretion of Cirrus Tech’s billing department.
Changing Subscriptions:
The Customer has the right to switch plans at anytime during the duration of their subscription. A credit for the unused portion of the subscription can be applied by Cirrus Tech Ltd. towards the acquisition of a new subscription. If the switch is determined as a downgrade by Cirrus Tech Ltd. an administrative fee will be applied to change plans.
Clients will not be refunded for any difference between the price of the new subscription and the old subscription(s). Any balance will be left on the client’s account as a credit to be used for subscription renewals or future subscription purchases.
Renewals:
By default client accounts paid by Credit Card are set to auto-renew to avoid suspension of services by the automated provisioning system or lose sensitive data and domains ownership. Clients can change the renewal settings on the account through their control panel or by contacting Billing Department to disable auto-renewal settings, if preferred otherwise. No refunds are issued for renewals (see Refunds).
Late Payments:
Late payment charges will be applied to your account in the form of an Invoice Payable immediately. Cirrus Tech Ltd. has the right to suspend any services that are not paid on a timely manner.
Technical Support Scope:
The scope of our technical support is primarily limited to the functionalities within the Plesk Control Panel in addition to hardware and Cirrus Tech network related issues. Support issues that require Cirrus Tech technicians to login to SSH or Remote Desktop (Terminal Services) to clients’ Dedicated Servers, VPSes or VMs, modifications of clients’ hosted custom application, or troubleshooting of client's code, are out of the scope of our support.
For additional support beyond our technical support scope as explained above, Cirrus Tech clients must subscribe to a management plan or pay for additional hourly support fees at $70 / Hour (Regular Business Hours EST). Click HERE for our Server Management Plans.
NOTE: Cirrus Tech Support Technicians reserve the right to provide additional support on a per case basis. Cirrus Tech provides no guarantees that issues beyond the scope of technical support will be resolved for clients subscribing to management plans or additional support hours. Cirrus Tech will not be able to provide additional support if clients dedicated server, VPS or VM's operating system is inaccessible, or the support issue is beyond the capability of our senior technicians.
Disclaimer:
Cirrus Tech Ltd. is not responsible for content distributed through our customers' websites and will not be held liable for such. Cirrus Tech Ltd. makes no warranties of any kind, expressed or implied, for services we provide. Cirrus Tech Ltd. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cirrus Tech Ltd. and its employees. Cirrus Tech Ltd. reserves the right to deny new accounts to anyone deemed a risk by the staff. Cirrus Tech Ltd. reserves the right to revise its policies at any time without prior notification.
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