The translated versions of the texts below are only provided as a convenience to facilitate reading and understanding of the original versions in French. In the event of a dispute or conflict, the French-language versions of the legal agreements and policies govern our relationship and will prevail over the conditions set forth in any other language.
By using this website or our products and services, you agree to be bound by the terms of use set out below. Please read this document carefully before proceeding further…
Astral Internet Canada’s Service Terms related to the use of our products and services
lease read the terms and conditions of this agreement carefully. By using the products and services of Astral Internet Canada, you acknowledge that you have read and understood the service terms as well as the acceptable use policy, which are annexed to this document, and you consent to abide by them. If you do not agree to be bound by these terms and conditions, including the annexes, you must neither commence nor continue using the service. In this case, please inform Astral Internet Canada of your decision to cancel the service.
This Agreement, between you (the “Client”) and Astral Internet Inc. (“Astral Internet Canada”), governs the use of any product or service of Astral Internet (collectively referred to as “the Service”). As a Client, you agree to comply with the terms of this agreement and to ensure that any person using the Service under your responsibility is informed of and also complies with them.
- Services
- Provision of Services: Astral Internet Canada may fulfill its obligations through its affiliated companies, agents, or subcontractors (the “third-party providers”), without being thereby relieved of its obligations under the Agreement.
- Shared Hosting
- Service Provision: Astral Internet Canada commits to providing the Client with shared hosting service on a shared server.
- Shared Hosting Backups: Astral Internet Canada performs regular backups of sites hosted on shared servers as well as restoration points for these servers. However, Astral Internet Canada cannot guarantee the integrity or availability of these backups.
- Exclusions from Automatic Backups: Some data may be excluded from automatic backups due to their specific characteristics. Here is a non-exhaustive list of excluded items:
- Files larger than 1 GB.
- Directories with more than 5000 files.
- Accounts with more than 15 GB of emails.
- Accounts exceeding 30 GB of disk space.
- Private virtual server
- Provision of the Service: Astral Internet Canada undertakes to provide the Client with the virtual private server (VPS) service on an infrastructure capable of respecting the resources allocated to the virtual private server.
- Backups and Restore Points: Astral Internet Canada performs regular restore points of virtual private server volumes. However, Astral Internet Canada cannot guarantee the integrity or availability of these restore points.
- Private Virtual Server Categories: The services included in the private virtual server category are as follows:
- Dedicated Cloud Hosting
- Unmanaged VPS Server
- Managed VPS Server
- Fully Managed VPS Server
- Reseller Hosting:
- Service Provision: Astral Internet Canada commits to providing the Client with the reseller hosting service on a shared server.
- Backups for Reseller Hosting: Astral Internet Canada performs regular backups of the sites hosted on shared servers as well as restoration points for these servers. However, Astral Internet Canada cannot guarantee the integrity or availability of these backups.
- Exclusions from Automatic Backups: Some data may be excluded from automatic backups due to their specific characteristics. Here is a non-exhaustive list of excluded items:
- Files larger than 1 GB.
- Directories with more than 5000 files.
- Accounts with more than 15 GB of emails.
- Accounts exceeding 30 GB of disk space.
- Categories of Reseller Hosting: The services included in the Reseller Hosting category are:
- Cloud VPS Hosting
- Reseller Hosting
- Modification of the Services:
- Astral Internet reserves the right, at its sole discretion, to modify this Agreement or any document forming part of it, as well as the Service or any aspect of the Service, including, without limitation, the prices, characteristics and properties of the Service.
- The Customer agrees to regularly visit the site https://radis.astralinternet.com/en/terms/ and to reread the text of this Agreement in order to become aware of any possible modifications.
- No provision of the Agreement may be interpreted as requiring the Customer to acknowledge receipt of the Service after any modification made to it or to the Agreement. If the Customer refuses a modification, its sole recourse will be to cancel the Service (and to terminate the Agreement) by paying the termination fees or other applicable costs.
- If the Customer decides to continue to use the Service after the modification comes into force, this use will constitute its acceptance of the said modification. The Customer expressly agrees that no other written agreement or explicit acknowledgment will be required to signify acceptance of the modification.
- Help Desk:
- If the Customer requires help desk support from Astral, the Customer may either:
- Open a support ticket from the customer area available to the Customer.
- Call 1-877-667-0932 for technical support, sales or billing questions.
- Email support@astralinternet.com for technical support.
- Use online chat support for technical support at the following address: www.astralinternet.com.
- Astral Internet Canada Help Center representatives will use reasonable efforts to assist in resolving customer support issues to the Customer. Problems of this nature differ and are resolved depending on their level of severity; Indeed, some issues may not be considered critical and temporary workarounds will then be offered until a more long-term solution can be offered.
- The configuration or implementation of software on the Customer’s devices, such as the configuration of a CRM or email software, is not the responsibility of Astral Internet Canada.
- Astral Internet Canada Support Center representatives will make reasonable efforts to contact Customer the following business day during normal business hours (EST) to resolve the issue.
- Astral Internet Canada reserves the right to modify the opening hours of this support center at its sole discretion.
- If the Customer requires help desk support from Astral, the Customer may either:
- Software and hardware requirements:
- To use the Service, the following minimum hardware and software requirements must be met:
- Desktop/Operating System – Windows 7/OSX;
- Browser – Chrome 99, Firefox 98, Safari 14, Edge 98, or later version of any of them;
- Internet – High speed connection recommended.
- Email – The software must support TLS 1.3 or newer.
- No Guarantee of Operation on Obsolete Equipment: Astral Internet cannot guarantee the optimal functioning of its Services on equipment or software which is no longer up to date or which does not meet the minimum requirements specified above. Use of outdated equipment or software may result in degraded performance or incompatibilities with our Services.
- To use the Service, the following minimum hardware and software requirements must be met:
- Fees
- Setup Fees and Monthly Fees: Customer will pay Astral Internet Canada one-time setup fees (if applicable) as well as recurring fees (collectively the “Fees”) as set out in the final terms and conditions. applying to the package chosen by the Customer, stated on the site https://radis.astralinternet.com/en/. The one-time setup fee will be required at the time of registration, while the recurring fee will be billed to the Customer and will be payable within thirty (30) days from the date of the invoice. One-time fees will also be billed to the Customer for certain upgrades made to the Service. These charges will be billed during the following billing period.
- Late Fee: Amounts billed that are not paid within this period will be subject to a late fee calculated based on a monthly rate of 1.5% (annual rate of 19.56%) (the “Late Fee “). The Customer will be responsible for paying all costs reasonably incurred by Astral Internet Canada in collecting or attempting to collect unpaid late fees or surcharges. Except as provided elsewhere in this Agreement, payments made by the Customer are non-refundable.
- Suspension of Overdue Accounts: Overdue invoices will result in immediate suspension of services. If the invoice is not paid no later than fifteen (15) days following the due date, the Service will be canceled. Astral Internet Canada cannot be held responsible for any error, loss of information or other incident that may occur when hosting is suspended or deleted.
- Facturation insuffisante : À moins de fraude de la part du Client à l’égard de frais, les Clients ne seront pas tenus de régler des frais jusque-là non facturés ou sous-facturés, sauf lorsque :
- In the case of recurring charges, these have been correctly invoiced within one (1) year from the date they were incurred;
- In the case of non-recurring charges, these have been correctly invoiced within one hundred and fifty (150) days from the date they were incurred.
- In the circumstances described above, except in the event of fraud on the part of the Client, Astral Internet Canada will not charge the Client interest on the corrected amount. If the Customer is unable to promptly pay the full amount due, Astral Internet Canada will attempt to negotiate a reasonable deferred payment agreement.
- Overbilling: If recurring charges have been incorrectly billed or overcharged, a Customer will obtain a credit for the excess amount retroactive to the date of the error, subject to applicable statutes of limitations provided by law. However, a Customer who does not dispute the charges in question within one year following the date of a detailed statement correctly reporting these charges loses the right to be credited with the excess amount for the period preceding the date of this statement. Non-recurring charges that have been incorrectly billed or overcharged will be credited, provided that the Customer disputes them within one hundred and fifty (150) days following the date of the invoice.
- Billing: The Customer acknowledges and agrees that Astral Internet Canada may issue, present and transmit invoices for the Service Fees in electronic form or on paper.
- Payment by check: The Customer must ensure that payment checks addressed to “Astral Internet inc. » are sent to the address indicated on the website https://radis.astralinternet.com/en/ or to the address indicated by the customer service of Astral Internet Canada or by other official services of Astral Internet Canada.
- Duration, termination and cancellation of order
- Agreement: This Agreement is established on a recurring monthly, quarterly, half-yearly, annual, biennial, triennial, quadrennial, quinquennial, six-yearly, seven-yearly, octennial, novennal or ten-yearly basis (the “Agreement”).
- Termination of the Agreement: The provisions of this paragraph concerning the 30-day satisfaction policy apply only to the Shared Hosting, Anti-Spam Deluxe and Anti-Spam Enterprise services, and only in the case of a new purchase. They do not apply when renewing service. No other service purchased or renewed from Astral for a period of one (1) month, three (3) months, six (6) months, one (1) year, two (2) years, three (3) years, four (4) years, five (5) years, six (6) years, seven (7) years, eight (8) years, nine (9) years, or ten (10) years is refundable.
- Termination by Astral Internet Canada:
- Astral Internet Canada reserves the right to immediately suspend or terminate the Service for reasonable reasons, including, but not limited to:
- Non-payment of overdue invoices from Astral Internet Canada.
- The fact that the Customer commits an act of insolvency, is subject voluntarily or involuntarily to proceedings under laws governing the rights of creditors or to the appointment of a receiver, or otherwise fails to satisfy the Astral Internet Canada’s solvency requirements.
- Violation or non-compliance with any of the provisions of this Agreement or any documents or policies that may form part of it (including the Acceptable Use Policy).
- Astral Internet Canada’s decision to terminate the Service, in the event of default by the Customer, all payments that the latter must make to Astral Internet Canada are immediately due and payable.
- The suspension or termination of the Agreement does not release the Client from any liability, including amounts due up to the effective date of such termination.
- Astral Internet Canada reserves the right to immediately suspend or terminate the Service for reasonable reasons, including, but not limited to:
- Deletion of Customer Information: Astral Internet Canada reserves the right to delete, upon termination of the Service, all information relating to the Customer’s account, including order processing information, databases, mailing lists and any data created by the Service.
- Use of Services: Customer Obligations
- Lawful conduct:
- Customer agrees to use the Service only for lawful purposes under all applicable laws, whether international, federal, provincial or municipal.
- The Customer undertakes not to store, make accessible by way of links or otherwise, transmit or advertise images or documents whose content is obscene, threatening, offensive, malicious, defamatory, hateful, discriminatory, racist or objectionable on the ethnic level.
- The Customer undertakes not to use the Service to conduct any commercial or other activity, or to solicit the execution of any illegal, defamatory activity or contravention of any Astral Internet Canada policy.
- Violations of this provision or any other provision of the Agreement may result in termination of the Service provided by Astral Internet Canada, with or without notice or notice period, but without the Customer having the right to obtain a refund or a credit. Astral Internet Canada will give notice or grant a notice period at its sole discretion taking into account the seriousness of the violation.
- Acceptable use:
- Customer must use the Service at all times in accordance with Astral’s Acceptable Use Policy, as updated and amended from time to time, attached hereto as Annex A.
- The Client must not harm the reputation of Astral Internet Canada, the computer systems or programming of Astral Internet Canada, nor those of other users of the Service.
- The Customer undertakes not to hinder the Service, nor to modify or restructure it in any way whatsoever, as well as not to authorize or assist anyone to use it in an abusive or fraudulent manner, namely , among other things, in a manner that unreasonably disrupts the Service or Astral Internet Canada’s network, or deprives others of access to it; for a purpose or in a manner that directly or indirectly contravenes applicable laws or the rights of third parties, or in a manner to avoid paying the fees provided for herein.
- The Customer agrees to follow generally accepted rules of “netiquette” when sending messages or emails to discussion groups.
- Security: The Customer is responsible for maintaining the confidentiality of his passwords. Astral Internet Canada reserves the right not to change passwords if the Customer does not identify themselves adequately. It may in particular require the Client’s signature. It is the sole responsibility of the Customer to take the necessary and adequate precautions to protect its software, files, data and equipment against the risks inherent in the use of the Internet. Astral Internet Canada cannot be held responsible for the Customer’s failure to adequately protect itself against such risks.
- Customer’s Responsibility to End Users: Customer agrees to ensure that any person using the Services from its computers or through its account, including employees, independent contractors, consultants , web designers, programmers, agents, volunteers and other service providers, acknowledge the terms and conditions of the Agreement, including the Client’s obligations with respect to the use of the Services, and agree to be bound by them and respect them. Customer will assume full responsibility for any violation of the terms and conditions of the Agreement, whether such violation results from Customer’s use of the Services, or use of the Equipment, Computers, Account or Services. of the Client by any other end user, whether such use has been authorized by the Client or not.
- Backup requirements
- Customer Responsibility: The Customer must ensure that all of its files and databases are adequately backed up and can be recovered in the event of a service failure or outage. It is the Customer’s responsibility to carry out their own regular backups to guarantee the security and availability of their data.
- Limitations of Astral Internet Canada Backups: The integrity and frequency of backups performed by Astral Internet Canada are not guaranteed and may not be available in the event of a major equipment failure. Therefore, the Customer should not rely exclusively on backups made by Astral Internet Canada.
- Space and traffic used by the Customer
- Space and Traffic Limits: The Customer must ensure that their use of the Services does not exceed the space and traffic limits stipulated by Astral Internet Canada for the set of Services purchased. The Client must also comply with all the clauses of Annex A.
- Additional Fees: The Customer acknowledges that Astral Internet Canada has the right to charge additional fees if the bandwidth or hosting space it uses exceeds the limits of the package of Services purchased.
- Movement of Services: Astral Internet Canada reserves the right to force the movement of the Customer’s Services to a specialized Service, based on its usage, traffic and space needs.
- Publishing files:
- Customer Responsibility: It is the Customer’s sole responsibility to download files from the Service, and to be responsible for maintaining, updating and backing up the content.
- Maintenance and Update: The Client is responsible for maintaining and regularly updating its files and data in its hosting space.
- Retention of Copies: The Customer must keep a copy of its Service files for downloading and retrieving data in its hosting space.
- Customer Scripts:
- Customer Responsibility: Use of scripts is Customer’s responsibility, including providing, uploading, managing and troubleshooting scripts (except in the event of a server-related outage). Clients can use their own scripts on the server without prior administrative authorization.
- Interruption of Service: If Astral Internet Canada determines, in its sole discretion, that the scripts are disrupting the operation of its servers, it reserves the right to deactivate the scripts immediately and without notice. The Customer will be informed once the scripts are deactivated. In the event of a disruption caused by a script, access to the web directory where scripts are saved will be disabled, and any Client scripts will not function.
- Modification of Scripts: It is the Customer’s responsibility to modify any problematic script and provide proof of having done so. Astral Internet Canada will reactivate the script upon receipt of details of the modifications in writing. The reactivation time is normally three (3) business days. If the script remains problematic, the Client will be permanently deprived of access to the web directory where the scripts are saved and will no longer be able to use scripts.
- Customer Obligations
- All scripts must call files or directories located in their own directory.
- No files or directories should be saved outside of their own directory.
- Lack of Support for External Scripts: If a script does not work because it uses elements outside its directory, Astral Internet Canada will not modify it or offer help. It is the Customer’s responsibility to modify their script so that it works correctly.
- Customer Account and Representative Information
- Updating Information: The Customer must keep Astral Internet Canada informed of any changes relating to its employees or agents acting as designated representatives, as well as billing and account information. This includes changes to address, telephone number, email address, domain name or fax number.
- Update Method: The Customer must update their information themselves from their customer area. No changes will be made if requested by email, chat, telephone or any other means of communication other than the customer area.
- Keeping Contact Information Up to Date: The Customer must, in particular, keep their billing telephone number up to date, as well as the contact details of the designated contact person for administrative services.
- Consequences of Failure to Update: Failure to keep Astral Internet Canada informed within a commercially reasonable period may result in the suspension or termination of the Customer’s account, without the latter having the right to obtain a refund or credit.
- Obligation of the Customer to pay compensation: Notwithstanding any other provision of this Agreement, the Customer acknowledges taking full responsibility for the content of its Service. The Customer acknowledges that the content does not belong to Astral Internet Canada and that Astral Internet Canada has no control over the content, availability, accuracy, security or any other aspect of any information on the Service, including , including, but not limited to, personally identifiable information, data, files, databases, emails, images or content in any form or genre (collectively, “Information”) to which Customer or its end users have access to, or provide access to, through the Service.
- Lack of Supervision: Astral Internet Canada does not supervise the use of the Service by the Customer or its end users (although it reserves the right to do so if the circumstances warrant it) and, except as otherwise provided herein, does not has no control over the use of the Service by the Customer or its end users.
- Indemnification Commitment: The Customer undertakes to indemnify, defend and hold harmless Astral Internet Canada, its affiliated companies, its agents and any third party supplier in relation to any claim, including, but not limited to:
- Claims regarding any infringement or misappropriation of any copyright, patent, trademark, trade secret, data, music, image or other proprietary right or property, any false advertising, unfair competition, defamation, any commercial or personal litigation or dispute, any invasion of privacy or the rights of known persons, any violation of any anti-discrimination law or regulation or any other right from any other person or entity, or any loss arising from any personal or business dispute or dispute, any damages, liabilities, judgments or settlements, including reasonable legal fees, costs and other expenses incurred by Astral Internet Canada, its affiliated companies, its agents or any third party provider, in relation to the content of the Client’s website.
- Any claim made by any third party, including end users and distributors, in connection with the use of the Service (and related equipment and software) or the transmission of information by the Customer or by a third party, or as to the disclosure by any means of any personally identifiable or confidential information provided to the Client by third parties, and which the Client was required not to disclose, or the failure of the Client to meet its obligations under the Convention. Astral Internet Canada will be authorized to participate in the defense and settlement of any such claim.
- Maintenance of provisions
- Survival of the Terms: The terms of this article remain in force even if the Agreement is terminated.
- Definition of Misuse: Astral Internet Canada reserves the right to define what constitutes misuse of the Service. This may include, but is not limited to, the following:
- Network usage
- Database links
- The size of a database
- Storage of email messages, including duration of storage
- Spam
- Use of the central processing unit (CPU)
- Lawful conduct:
- Domain Names
- Conditions relating to the registration and use of domain names
- Choice of Registrar: Astral Internet Canada will determine, in its sole discretion, which approved registrar will be used to register the requested domain name. You can identify the registrar used to register your domain with a “WHOIS” search tool publicly available on the internet.
- Policy and Conditions: The registration and use of domain names is subject to acceptance of this domain name policy, as well as the registrar’s conditions available on their respective site. Registrars that may be used include, but are not limited to:
- Hexonet
- Enom Inc.
- OpenSRS (Tucows Inc.)
- Availability and registration
- Domain Name Registration: Astral Internet Canada will register for you domain names that have not yet been registered and are considered available.
- Accuracy of Results: Astral Internet Canada does not guarantee the accuracy of the results provided by the domain name searcher.
- Reservation and Payment: Once a domain name is considered available, it is possible to reserve it. However, paying for the registration of a domain name does not immediately guarantee the registration of that domain name.
- Registration Confirmation: You will receive confirmation that the chosen domain name has been registered in your name when your registration has been confirmed by Astral Internet Canada.
- Renewals
- Customer Responsibility: You are solely responsible for renewing your domain names with Astral Internet Canada before they expire.
- Renewal Notices and Invoices: Astral Internet Canada will email you renewal notices and renewal invoices prior to your domain expiration date.
- Renewal Process: Astral Internet Canada will attempt to renew domains for you upon receipt of payment (manual or automated). You will receive a confirmation email once the domain is successfully renewed.
- Guarantee Limitations: Astral Internet Canada cannot guarantee the renewal of a domain name if the domain name invoice was paid after the domain name expiration date.
- Expired domain
- Renewal of Expired Domains: In most cases, expired domain names can be renewed up to 30 days after their expiration date, at the regular registration rate.
- Guarantee Limitations: However, for various reasons based on the type of domain purchased, Astral Internet Canada cannot guarantee the renewal of an expired domain name.
- Renewal Efforts: Astral Internet Canada will make all reasonable efforts to obtain renewal of a domain once payment is received, but cannot guarantee positive results.
- Redemption
- Redemption Period: Certain TLDs expired for more than 30 days, and sometimes before, enter a “Redemption Period” during which they cannot be transferred or renewed.
- Domain Reactivation: The Customer can reactivate their domain name during the Redemption Period at a cost of $375 CAD, plus registration fees and taxes.
- Domain Agent Authorization
- Authorization from Astral Internet Canada: Effective December 1, 2016, if you have a domain name registered with Astral Internet Canada, you authorize Astral Internet Canada to act as your domain name agent to authorize changes to the contact information for your domain name on your behalf.
- Simplified Procedure: This authorization allows you to benefit from a simplified procedure for changing contact information for any modification made from our Customer Access, while remaining the legitimate owner of your domain name.
- Refunds
- Non-refundability: Once registered, transferred or renewed, domain names are non-refundable. Also, no credit can be granted.
- Limitation of Liability
- Limited Liability: Astral Internet Canada is not responsible for losses caused directly or indirectly by errors resulting from the incorrect configuration or use of a domain name.
- Limitation of Losses: The liability of Astral Internet Canada is limited to the fees paid for the registration, transfer or renewal of the domain name, and does not extend beyond these amounts.
- Customer Responsibility for TLD Requirements
- It is the customer’s responsibility to check whether a particular extension (TLD) has specific requirements, both in terms of purchase and renewal, and to ensure that these requirements are met. Astral Internet Canada cannot be held responsible for any problems if a domain cannot be registered or renewed because these requirements are not met.
- Conditions relating to the registration and use of domain names
- Use of the Services: rights and obligations of Astral Internet Canada
- Right of Astral Internet Canada to refuse to provide the Service
- Suspension, Termination and Refusal of Service: Astral Internet Canada reserves the right to suspend, terminate or refuse to provide the Service to the Customer immediately, without notice or right to a refund, if it considers that any part of the content of the Client’s website, or sites to which the Client’s website provides access, is deemed:
- Illegal
- Misleading
- Obscene
- Or otherwise contravenes, in the sole opinion of Astral Internet Canada, the Acceptable Use Policy in force.
- Content Control: Astral Internet Canada generally does not control the content of its Clients’ Services or that of the sites to which they provide access. However, it reserves the right (which is not an obligation) to monitor or remove without notice, any offensive or questionable content or links, in its sole discretion or pursuant to an order of a court or a regulatory body.
- Customer Liability: The Customer will be responsible for all costs incurred by Astral Internet Canada as a result of the Customer’s violation of this article.
- Suspension, Termination and Refusal of Service: Astral Internet Canada reserves the right to suspend, terminate or refuse to provide the Service to the Customer immediately, without notice or right to a refund, if it considers that any part of the content of the Client’s website, or sites to which the Client’s website provides access, is deemed:
- Moving to the Specialized Hosting Service
- Interference with the Proper Operation of the Server: If the Client’s Service interferes with the proper functioning of the server or gives rise to complaints from other users, the Service on a shared server will no longer meet the Client’s needs.
- Migration Obligation: In this case, the Customer will have to move their Service to take advantage of Astral Internet Canada’s specialized hosting Service.
- Termination in the Event of Refusal: Astral Internet Canada reserves the right to terminate the Service if the Client refuses to move their site to the specialized hosting Service.
- Modification Over Time
- Modification of the Services and Terms: Astral Internet Canada may modify the Services and the terms applicable to them over time. This includes establishing, modifying or updating the Services and their use by the Customer.
- Acceptance of Modifications: By continuing to use the Service after the modifications, the Customer is deemed to have accepted these modifications.
- Means of Notification: Astral Internet Canada may, at its discretion, inform the Customer of modifications by one of the following means:
- Through astralinternet.com
- By a short information message (MIC)
- By email
- By mail
- Right to define what constitutes misuse/Abuse
- Definition of Misuse/Abuse: Astral Internet Canada reserves the right to define what constitutes misuse of the Service.
- Abuse Criteria: Misuse may be determined based on the impact on one or more of the following:
- Network usage
- Database links
- The size of a database
- Storage of email messages, including duration of storage
- Spam
- Use of the central processing unit (CPU)
- Customer Information
- Confidentiality of Information: Except to the extent required by law, Astral Internet Canada must maintain the confidentiality of any non-public information about the Client and its end users obtained in connection with the Agreement. It must not disclose this information to any other entity, except in the following cases:
- To facilitate the provision of the Service under the Agreement.
- To disclose this information as necessary to affiliates, agents, suppliers or subcontractors of Astral Internet Canada.
- To enforce the Convention.
- License to Use the Logo: Notwithstanding the above, for the entire duration of the Agreement, the Client assigns to Astral Internet Canada a limited license to use its corporate logo. This allows Astral Internet Canada to modify and distribute the Client’s logo on its website for advertising purposes under a portfolio type section.
- Confidentiality of Information: Except to the extent required by law, Astral Internet Canada must maintain the confidentiality of any non-public information about the Client and its end users obtained in connection with the Agreement. It must not disclose this information to any other entity, except in the following cases:
- Termination, suspension or deactivation
- Astral Internet Canada Rights: Astral Internet Canada has additional rights to suspend, terminate or deactivate accounts for reasons set out in the Agreement, including, but not limited to:
- En cas de retard dans les paiements.
- For providing false or inaccurate account information or failing to keep such information up to date.
- For violations of laws, regulations or Astral Internet Canada’s acceptable use policies.
- For harmful or harmful use of scripts.
- Astral Internet Canada Rights: Astral Internet Canada has additional rights to suspend, terminate or deactivate accounts for reasons set out in the Agreement, including, but not limited to:
- Right of Astral Internet Canada to refuse to provide the Service
- Services, Software and Documentation
- Title and Ownership: Astral Internet Canada retains at all times title to the Service, including all software, hardware and documents provided by Astral Internet Canada and used by the Customer or its end users hereunder.
- No Property Rights: Customer and its end users acknowledge that they do not acquire any title or ownership rights in the Service or the intellectual property related thereto.
- Internet Protocol Addresses
- Allocation and Control: Astral Internet Canada will assign to the Customer an Internet Protocol (IP) address of which it will retain control and ownership.
- Authorized Use: The Customer may only use this Internet protocol address with the authorization of Astral Internet Canada.
- Modification or Elimination: Astral Internet Canada reserves the right, in its sole discretion, to modify or eliminate any Internet protocol number or address.
- Recommendation for Scripts: For scripts or other automated tasks, Customers are encouraged to use their domain name rather than their Internet Protocol address, as the latter may be changed without notice.
- Warranty
- No Warranty: The Customer acknowledges that Astral Internet Canada does not guarantee that the Service will be free from interruptions or errors. In addition, Astral Internet Canada does not guarantee the content, availability, accuracy or any other aspect of any information, including, without limitation, the entirety of the data, files and any other information or content, of any any form and of any kind, to which the Customer or its end users have access, or to which they provide access, through the Service.
- Interruption of the Service: Astral Internet Canada is authorized to interrupt the Service from time to time in order to ensure its proper functioning.
- Replacement of Warranties: The warranties provided under the Agreement supersede all other express, implied or statutory warranties and conditions, including:
- Any warranty of merchantability
- Adaptation to a particular use
- No counterfeiting
- Availability or reliability of the Service
- Indemnification
- Obligation to Indemnify: The Customer holds Astral Internet Canada, its affiliated companies, and their respective directors, officers and employees harmless and harmless from all damages, liabilities, losses, costs and expenses of any nature whatsoever, including fees reasonable legal and judicial costs suffered or incurred by Astral Internet Canada or its affiliated companies and their respective directors, officers and employees
- Causes for Compensation: Compensation covers situations resulting from or arising from any allegation that:
- The domain name or the Service, in whole or in part, infringes in any way any intellectual property right of a third party.
- The Content contains material or information that is obscene or defamatory.
- The Content violates an individual’s right of publicity, privacy, or privacy.
- The content contains a virus.
- Refund Policy
- Satisfaction Guarantee: PLEASE NOTE: subject to clause 3.2. Amounts paid in advance cannot be refunded after the satisfaction guarantee, which ends 30 days after the date of delivery of the service.
- Credit for Billing Errors: Billing errors may be credited for a maximum retroactive period of two (2) months.
- Limitation of liability
- Liability and Exclusive Remedy: The Customer acknowledges that the liability of Astral Internet Canada and the exclusive remedy of the Customer and end users relating to the non-provision of the service are limited to:
- Repair or development of service.
- Where the service cannot be repaired or improved, a fair credit shall be made in an amount not to exceed the fees charged to the Customer for the defective part of the services.
- Limitation of Damages: For any other claim, the liability of Astral Internet Canada, if applicable, to the Customer and end users for damages relating to the use of the service, whatever the cause and regardless of the form of the action, will be limited to damages proven to be directly attributable to Astral Internet Canada. This liability will in no case exceed the total monthly fees paid by the Customer during the period in which such damage was caused, which period will not exceed three (3) months.
- Exclusion of Indirect Damages: Astral Internet Canada, its agents, suppliers or subcontractors will under no circumstances be liable to the Customer or any third party for indirect, incidental, special or consequential damages, expenses, costs, losses or other damages of any nature whatsoever, whether due to negligence or tort, by operation of law or in equity, under contract, at common law, or under any other cause of action or legal theory.
- Acceptance of Limitations: The Customer accepts, acknowledges and confirms that the limitations of liability described in this article are fair and reasonable in the commercial context of this agreement, and that Astral Internet Canada would not have agreed to be a party to the this agreement if the Customer had not agreed to limit the liability of Astral Internet Canada, its agents, its suppliers and its subcontractors, in the manner and to the extent described in this article.
- Exclusion of Commercial Losses: For greater certainty, the Customer acknowledges that Astral Internet Canada assumes no responsibility for any loss of profit, any forecast of income, any loss of data, any loss of use of any information system, any loss of commercial income, any inability to achieve anticipated savings, or any other commercial or economic loss of any nature whatsoever, attributable to this agreement or to the provision of the service or arising in connection therewith, even if Astral Internet Canada has been advised of the possibility of such a loss.
- Specific Exclusions: Astral Internet Canada assumes no liability relating to:
- Use of the service provided by Astral Internet Canada in conjunction with a service, product or material from the Customer or a third party.
- The Customer’s failure to perform its obligations.
- Liability and Exclusive Remedy: The Customer acknowledges that the liability of Astral Internet Canada and the exclusive remedy of the Customer and end users relating to the non-provision of the service are limited to:
- Additional Provisions
- Major Force
- Exemption from Obligations: Except for payment obligations, if the implementation of the Agreement is prevented, in whole or in part, by circumstances beyond the reasonable control of either party, the affected party will be exempted from the execution of its obligations.
- Major Force Circumstances: These circumstances include, but are not limited to:
- Fire
- Blast
- Power outage
- Earthquake
- Flood
- Natural disaster
- War
- Revolution
- Popular movement
- Acts of public enemies
- Effect of any law, order, regulation, ordinance or requirements of any government or its representatives or competent legislative body
- Labor unrest, such as a strike, stalled strike, picketing or boycott
- Major Force Circumstances: These circumstances include, but are not limited to:
- Reasonable Efforts: The party affected by a force majeure event must use commercially reasonable efforts to bring such causes of non-performance to an end as quickly as possible. The exemption from the execution of obligations will be reassessed daily, to the extent that it concerns obligations whose execution is thus prevented.
- Exemption from Obligations: Except for payment obligations, if the implementation of the Agreement is prevented, in whole or in part, by circumstances beyond the reasonable control of either party, the affected party will be exempted from the execution of its obligations.
- Modification Authority: Unless otherwise provided, Astral Internet Canada is the only party authorized to modify the Agreement.
- Assignment
- Assignment by Astral Internet Canada: Astral Internet Canada may assign its rights and obligations under the Agreement without the prior written consent of the Customer.
- Assignment by the Client: The Client may not assign the Agreement without the prior written consent of Astral Internet Canada. Any attempted assignment by the Customer without such prior written consent from Astral Internet Canada is void.
- Full agreement
- Entire Agreement: The Agreement, together with the Acceptable Use Policy, and all other policies, practices and documents mentioned herein or to which you may be referred, constitute the entire agreement intervened between the Client and Astral Internet Canada concerning the subject of the Agreement.
- Replacement of Previous Agreements: It integrates and replaces all previous conventions, agreements and declarations relating to the subject of the Agreement.
- Customer Internal Documents: It is expressly agreed that if Customer produces a purchase order or other document for the Service, such document will be deemed to be for Customer’s internal use only, and any provision of such document will not modify not the Convention nor will it be used in the interpretation thereof.
- Application: The Agreement binds Astral Internet Canada and the Customer, as well as their respective successors and permitted assigns, and inures to their benefit.
- Applicable laws and court: The Agreement is governed and interpreted in accordance with the laws in force in the province of Quebec if the Customer or its authorized representative (as applicable) is located in Quebec when registering for the Service, or Ontario if the Customer or its authorized representative (as applicable) is located in Ontario or elsewhere when registering for the Service, and the Canadian laws applicable in the province, without regard to conflict of law rules. The parties agree to submit to the exclusive jurisdiction of the courts located in Montreal (Quebec) or Toronto (Ontario) according to applicable law.
- Interpretation: In the Convention, the headings are intended solely to simplify consultation of the document and have no impact on its interpretation.
- Priority: In the event of any inconsistency between the Agreement and any of the annexes attached hereto, the terms of the Agreement shall take precedence.
- Non-waiver: No waiver of any term or provision, or of any breach or default, shall be valid unless in writing and signed by the party making such waiver, and no waiver thereof kind shall not be deemed to be a waiver of any other term or provision or of any other subsequent breach or default of the same or similar nature.
- Notice: Any notice given must be given in writing and delivered by hand or sent by email or facsimile to the address indicated at the time of Customer registration. Such notice shall be deemed to be given when received by the recipient specified in the address.
- Severability: The nullity, illegality or unenforceability of one or more provisions of the Convention has no impact on the other provisions of the Convention and does not diminish its scope.
- Language: The parties have agreed that this Agreement is drawn up in French. This Agreement has been drawn up in French at the request of the parties.
- Major Force
ANNEX A – Astral Internet Canada Acceptable Use Policy
Astral Internet Canada (“Service Provider”) is committed to being a good network citizen. To help Service Provider protect the usefulness of the Internet and allow users to fully enjoy it, you agree to comply with the terms of this Acceptable Use Policy (the “Policy”). Any violation of the Policy constitutes a violation of the terms of the Service Agreement that you have signed with Astral Internet Canada and may result in the termination of the Service Agreement or the suspension of the Service provided for therein.
If you have any questions about the Policy, do not hesitate to contact the Service Provider by email at the following address: abuse@astralinternet.com.
Definitions: For the purposes of this document, “Internet host” refers to any computer or electronic device connected to the Internet. Terms not defined in this Policy are as defined in the Service Agreement.
- General
- The Service you have subscribed to is intended for your business needs. It is specifically prohibited to use the Service or any equipment provided as part of it to conduct Internet service provision activities.
- Les énoncés ou gestes constituant du harcèlement ou des mauvais traitements, verbaux, écrits ou autres, à l’endroit des employés, fournisseurs, mandataires ou représentants du Fournisseur de service, sont strictement interdits et ne seront pas tolérés.
- It is forbidden to use the Service for conducting activities including, but not limited to:
- The transmission of unsolicited messages which, at the sole discretion of the Service Provider, cause significant disruptions or provoke complaints from Internet users.
- Preventing any other user from enjoying the Internet, hindering the functioning or efficiency of the Service, imposing an exceptionally heavy burden on our networks, or otherwise generating levels of Internet traffic that hinder other users’ ability to transmit or receive information.
- Posting, transmitting, or distributing information encouraging conduct that would constitute a criminal offense or give rise to civil liability, or using the Service in a manner that is contrary to law or intended to prevent any other user from enjoying the Service or the Internet.
- Posting or transmitting spam, including but not limited to the transmission of unsolicited emails, posting inappropriate messages in newsgroups, disseminating misleading commercial messages, email bombing, and other misuse of email servers or newsgroups.
- Reselling bandwidth or any other part of the Service, including, without limitation, IP addresses provided by the Service Provider.
- Using the Service to mask your actual IP address using a Virtual Private Network (VPN).
- Using the Service for file sharing through a VPN.
- Harassing users or groups in any way, including defamation, abuse, criminal harassment, threats, or any other violation of third parties’ legal rights.
- Impersonating other business internet service subscribers or subscribers of any other Internet service provider in any way.
- Uploading, transmitting, displaying, distributing, receiving, retrieving, storing, or otherwise reproducing, distributing, or accessing information, software, or any other material:
- That is protected by copyright or any other intellectual property rights without prior permission from the rights holder.
- That is defamatory or obscene, contains child pornography or hate literature.
- That constitutes an invasion of privacy, misappropriation of personality, or unauthorized linking or framing.
- Falsifying or removing copyright notices, legal notices, or other proprietary designations regarding the origin or source of software or any other information in a file.
- The transmission, display, dissemination, reception, retrieval, storage or any form of reproduction, distribution or any other means of accessing any program or information designed to assist the user in defeating protection against copying, recording or any other anti-theft mechanism associated with commercial or shareware programs.
- The transmission, display, reception, retrieval, storage or any form of reproduction, distribution or other means of accessing any program or information designed to assist the fraudulent use of telecommunications services.
- Unauthorized use of an Internet host’s resources by administrators, including transmitting mail, chain letters, or pyramid offers of easy money in any form.
- Posting or transmitting any information or software containing a virus, cancellation bot, Trojan horse, worm, or other harmful or disruptive component.
- Transmitting, displaying, receiving, retrieving, storing, or otherwise reproducing, distributing, or accessing any program or information that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil proceedings.
- Violating any other applicable law or regulation.
- Email
- The business Internet email service, described in more detail in the Service Agreement, is intended for your business needs. It is prohibited to sub-license, distribute, transfer, or sell the business Internet email service or any part thereof.
- You agree to use the business Internet email service only to send and receive messages and documents that are appropriate. In addition to the general terms set out above, and by way of example and not to limit the foregoing, you agree to use the business Internet email service without doing the following:
- Creating a false identity to mislead others or falsifying your email headers in any way.
- Using, downloading, or otherwise copying, or providing (whether or not for a fee) to a person or entity any directory of the users of such service or other user or usage information or any part thereof.
- Aiding or facilitating the transmission of unsolicited emails.
- Attaching an excessively long signature to your emails.
- Sending emails to disrupt or cause difficulties in receiving other emails.
- Clients who maintain opt-in mailing lists must have a method of confirming subscriptions and be able to provide this information as proof when requested by the Service Provider. At the discretion of the Service Provider, if no proof is provided, the messages may be considered unsolicited.
- The Service Provider reserves the right, at its sole discretion, to limit the number of recipients to whom the Client sends email, the number of subscribers on an opt-in mailing list of a subscriber, and the number of messages a subscriber may send or receive through the business Internet email service.
- Neither the Service Provider nor any of its suppliers are obligated to monitor the business Internet email service. However, the Service Provider and its suppliers reserve the right to review materials posted to the service and to remove any materials at their sole discretion. The Service Provider may terminate your access to the business Internet email service at any time, without notice, at its discretion.
- The Service Provider and its suppliers reserve the right at any time to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
- The Service Provider and its suppliers also reserve the right to edit, refuse to post, or to remove any information or materials, in whole or in part, at their sole discretion.
- The Service Provider makes reasonable efforts to reduce the number of unwanted emails received. However, the Service Provider will not be liable for any email that is categorized as spam and not delivered to its recipient.
- Adult Content
- Adult content is not tolerated on our shared web hosting. Legal adult content is accepted on dedicated or virtual servers.
- Web Hosting and Reseller Hosting
- Web hosting plans are designed to host most personal websites, small businesses, and organizations. That’s why we offer unlimited bandwidth usage, and some plans provide unlimited use of disk space and websites. This means we do not set any limits on the bandwidth, websites, or disk space you may use to manage your website, provided that it complies with the provisions of this agreement.
- The Service including a free SSL certificate will use a “Let’s Encrypt” type certificate. The certificate will be installed only if the domain points to the hosting server. It is the Client’s responsibility to ensure that the sites within the Service are correctly redirected to the secure version.
- Some of our hosting plans allow for hosting more than one site with additional domains; these must belong to the same owner of the hosting plan and cannot be used for reselling or designing hosting. A person wishing to resell hosting must use a specialized service for resale.
- Hosting cannot be used as a platform for broadcasting and/or distributing video or music.
- A folder cannot contain more than 5000 files.
- If the use of bandwidth or disk space of your website poses a risk to the stability, performance, or availability of our servers, data storage, network, or any other infrastructure, you may need to upgrade to a VPS or a dedicated server. Otherwise, we may take measures to restrict the resources used by your website.
- The space of the hosting packages cannot be used to host staging versions of a site or to keep old copies of a site.
- Large Files (Video and All Other Types), Backup Copies, and Others:
- The space used for hosting must be related to the display and use of your website.
- Under no circumstances can the hosting be used for storing backup files, personal files, emails, invoice sending copies, or any other types of files not necessary for the proper functioning of the website.
- Files larger than one (1) GB are not allowed in the hosting.
- Any file or backup that does not comply with these rules may be deleted from the server without notice.
- When a backup of the site is made, it must not remain on the server for more than 24 hours.
- Backups must be performed outside of peak hours, between 8 PM and 7 AM.
- A video file must be in “mp4” format, encoded with the “H.264” codec, with a maximum resolution of 1920×1080, and must not exceed 23.976 frames per second. The average bitrate of the video must not exceed a bitrate of 3.5 Mbps.
- An audio file must be in “mp3” or “AAC” format with a maximum bitrate of 192 Kbps.
- Plans Allowing Multiple Domain Name Usage:
- The use of multiple domain names within a hosting package cannot be used for resale purposes, and each of the domains must belong to the same owner of the hosting plan. Multiple domain name usage is subject to normal personal or small business use. A reseller package or a private or dedicated virtual server must be used to proceed with hosting resale.
- When a large number of domains is hosted within the same package, we cannot guarantee that products including an SSL certificate can correctly issue the certificate for each of the domains.
- Limits Related to Storage and Plans: All web hosting plans, including unlimited plans, are subject to a maximum limit of inodes per account for Linux® hosting accounts and files and folders per account for Windows® hosting accounts. This limit varies according to the selected plan and can be changed without notice.
- All hosting plans are subject to the limitations described on the plan page. If you exceed these limitations, the performance of your site may be slowed or insufficient until more resources are added.
- Database Limits: Plans are subject to a maximum limit of 1,000 tables per database and one gigabyte of storage per database. Any account holder or database exceeding these limits may receive a network violation warning and will be required to reduce the number of tables or the size of the database. The database or account in question may also be temporarily or permanently suspended at our sole discretion.
- Allocated Resource: To ensure the reliability of our services, a shared hosting account cannot use more resources than what would be required by a regular website during normal activities. An account cannot use more than 5% of the server’s total resources for a period of more than 120 seconds. This includes processor cycles, RAM usage, hard drive, and bandwidth. Accounts that exceed the permitted resource usage may be suspended without notice to prevent serious degradation of service. Often, this type of problem can be resolved by repairing a faulty script, disabling a resource-heavy application, or banning malicious IP addresses from your account. Customers who consistently use excessive resources will see their account go offline for a few moments and may be forced to transfer their account to a dedicated or private server, where resource usage limits are not imposed.
- Cron Jobs: Cron jobs cannot be scheduled to run more than once every 10 minutes. Two or more Cron jobs cannot be executed at the same time; a minimum of 5 minutes must elapse between two executions. You cannot schedule more than 5 Cron jobs on a hosting account.
- Virtual Server and Dedicated Server: For clarity, virtual servers and dedicated servers will be referred to as “Server”.
- A Server cannot be used as a VPN (Virtual Private Network).
- A Server cannot be used for file sharing of “.torrent” files or any other type of file sharing known as P2P (Peer-to-Peer).
- The Server cannot be used as a server or relay for an IRC network.
- Astral Internet Canada reserves the right to disconnect a Server from the Internet if its resources could affect the security and stability of the network and infrastructure.
- Astral Internet Canada reserves the right to disconnect a server from the Internet for any activity deemed illegal. Here is a non-exhaustive list of activities that may lead to such disconnection:
- Compromising material
- Child pornography
- Sending unsolicited email
- IP address masking
- Sale of weapons or other illegal materials
- Software and Scripts
- All software or scripts installed in your hosting account must be free of viruses, malware, or vulnerabilities. Any software or script containing vulnerabilities known on the Internet are strictly prohibited on our servers.
- The security updates of all software or scripts you install are your responsibility and must be installed within a reasonable timeframe. Astral Internet Canada notifies its shared hosting clients when updates are available and also provides the opportunity to use automated tools that can manage updates automatically. However, it is your responsibility to ensure that any software or script in your hosting account is up-to-date and free of vulnerabilities.
- Due to the popularity of software such as WordPress, Joomla, Presta Shop, and others, as well as their extensions, add-ons, and additional modules, increased vigilance in security matters must be observed to ensure that security updates are applied promptly. These pieces of software are particularly vulnerable.
- Astral Internet Canada reserves the right to suspend a hosting account or to delete, disable, update, or modify any script or software deemed vulnerable at any time, without notice, in order to protect the integrity of its servers.
- Network/Security
- In addition to the general terms outlined above, you are prohibited from using the Service to engage in activities that include, but are not limited to:
- Scanning or penetrating the security mechanisms of an Internet host.
- Falsifying any part of the TCP/IP packet headers in any way.
- Engaging in actions that compromise the security of the Internet hosting service in any way.
- In accordance with the provisions of the Service Agreement, you alone are responsible for the security of your system and account. The Service Provider will offer full cooperation to law enforcement authorities in the event of an investigation resulting from any breach of the Policy.
- In the event that our staff receives numerous complaints about one or more violations of the Policy, processing fees per complaint received in addition to administrative fees may be charged to your account, at the discretion of the Service Provider.
- In addition to the general terms outlined above, you are prohibited from using the Service to engage in activities that include, but are not limited to:
Dernière modification : 4 juin 2024