This page contains two independent agreements. The Terms of Service (TOS) defines the obligations of Customer and Abivia with regards to the services provided, including privacy, payment, and cancellation. The Acceptable Use Policy specifies limitations on the use of our services. This paragraph is not part of either agreement. Last updated: December 8, 2018.

Terms of Service (TOS)

TOS applies automatically to all Abivia shared hosting clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO ABIVIA'S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND AGREE TO RESPECT THEM. The service order is described as the package description as presented on the web site.

General

Abivia Inc., agrees to provide services described in Invoices (“Services”) to the customer subject to the following Terms of Service (TOS). Use of Abivia Inc. services constitutes acceptance and agreement to these Terms Of Service and all attachments. Abivia Inc. will make all reasonable efforts to provide a quality service to the Customer.

Privacy

Abivia Inc. 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.

Payments

The Customer will pay Abivia Inc. the One-Time Install Fees and Recurring Monthly Fees specified in any Quote or Invoice, 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 Abivia Inc. 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 will be payable monthly and payment due on the renewal date. Except for the First Month's Payment shown in the Quotation or Invoice, which must be paid by the Customer to Abivia Inc. before commencement of the Term, all amounts will be payable on the due date specified in the Invoice. Services may be suspended for nonpayment at any time after the due date. 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 wish to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due may 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 $40 CA.

Changes

Abivia Inc. may change any fees payable under this Agreement at the time of renewal.

Term and Termination

The term of this Agreement shall begin upon the date the order is placed an be for the term stated in the Invoice. Agreement is renewed for successive terms until terminated by either Party. Customer may terminate this Agreement at any time by placing a Cancellation request through the website. Abivia may terminate this Agreement at the end of the current term, or (i) Customer (a) fails to make payment when due, and fails to rectify such default within 10 days after being given notice of such default, or (b) 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 website control panel or in writing with the customer's signature with at least 48 hours notice and sent to : Abivia Inc., Box 776, Campbellford, Ontario, Canada K0L 1L0.

Service Downgrades and Upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the service renewal date only (as specified on the most recent paid Invoice). Service upgrades, however, may take effect at any time.

Refund Policy

Abivia offers a 30-day full money back guarantee for all shared hosting plans with terms that are 12 or more months in duration. The guarantee is void if Customer violates the Acceptable Use Policy. Beyond this guarantee, any prepayment is a commitment regarding the payment period that can not be refunded.

Billing errors can be credited retroactively for a period of up to two (2) months.

Payment Obligation

Upon account activation, Abivia reserves equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.

Limitation of Liability

THE LIMIT OF ABIVIA'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 ABIVIA INC. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL ABIVIA INC. BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force Majeure

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.

Responsibility for Content

The customer is solely responsible for the content stored on and served by their hosting plan(s).

Entire agreement

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, ABIVIA INC. 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 Quote or Invoice, the Quote or Invoice 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.

Changes and Rights

Abivia Inc. 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 Abivia Inc. may impose from time to time, provided that the Customer has been given 30 days notice.

Acceptable Use Policy (AUP)

For the purposes of this Acceptable Use Policy (the "Policy"), a “Customer” is an individual or organization that has entered into a service agreement with Abivia for use of Abivia’s systems and services. This Policy, including the list of Prohibited Activities (as defined below), is an integral part of Customer’s agreement for services with Abivia.

This Policy was designed to prevent unacceptable uses of Abivia’s systems and services and to ensure that Abivia is able to provide the level and quality of services that Abivia’s Customers expect. Each Abivia Customer is responsible for ensuring that the use of all services provided to such customer complies with this Policy.

The Policy is a non-exclusive list of the actions prohibited by Abivia. Abivia reserves the right to modify the Policy at any time, effective upon posting at https://my.abivia.net/tos. The continued use of Abivia Systems and Services after an amended policy has been posted will be deemed as acceptance of the amended policy.

Prohibited Activities for Abivia Systems and Services

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation: (i) material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, (ii) material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws, (iii) posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence; and (iv) violating the personal privacy of another individual.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Abivia's network is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Abivia's network, is prohibited. Abivia accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Abivia customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Abivia-hosted domain, or referencing any Abivia account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the policy of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of ping flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Abivia customers or end-users by any means or device.
9. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Abivia network or on another provider's network.
10. Using Abivia's Services to interfere with the use of the Abivia network by other customers or authorized users.
11. Using Abivia’s Services to host an online pharmacy not certified by the Canadian International Pharmacy Association.

Customer Responsibility for Customer's Users

Each Abivia Customer is responsible for the activities of its users and, by accepting service from Abivia, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.

Complaints about customers/representatives or end-users of an Abivia Customer will be forwarded to Abivia customer's postmaster for action. Abivia’s Customer is solely responsible for use of their account, regardless if such use occurred without the account holder's consent or knowledge. If Abivia believes, in its sole discretion, that a violation of this Policy (direct, or indirect, including violations by a third party) has occurred, it may take responsive action. Abivia is entitled to remove the offending material, establish immediate or temporary filtering, deny access, suspend or terminate the Abivia services, or take any other appropriate action, as determined by Abivia, in addition to any remedies provided by any agreement to provide Abivia services. Abivia is not responsible for, and shall not be held liable for any damages resultant of any conduct, content, communications, goods and services available on or through Abivia’s systems and services.

The failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

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.