INTERNET SERVICES ACCEPTABLE USE POLICY (AUP)
This Acceptable Use Policy specifies the actions prohibited by Traxs Media Group Inc. (TRAXS), and its intended to outline the Acceptable Use(s) of Internet services provided by TRAXS and its affiliates. TRAXS reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to this URL: http://www.traxsmedia.com/acceptable-use-policy/
Violations of the TRAXS Acceptable Use Policy (AUP) may result in TRAXS taking such actions, including, but not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or a portion of the Customer’s Services, without notice.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
GENERAL USE
TRAXS’s networks and services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Customer shall at all times comply with all applicable laws and regulations of the government of CANADA and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or importing of data, technical data and/or products and services.
Customer must comply with the then current bandwidth; data storage and other limitations that may be in effect for the services you have purchased. Consistent use in excess of any such limits may result in the requirement to move to a higher level of service, or a payment for the additional services being used.
Customers shall not utilize TRAXS’s public servers for development or debugging of applications or web sites. Development should largely take place on Customer computers before being uploaded to the TRAXS network.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. While TRAXS has no obligations to monitor services or network transmissions, TRAXS reserves the right to monitor such services and transmissions from time to time and will investigate incidents involving such violations.
Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; or
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; or
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or
- Forging of any TCP / IP (Internet Protocol) packet header or any part of the header information in an email posting
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Unsolicited mail messages do NOT have to be sent through a TRAXS mail relay to be in violation of this AUP.
A user shall not use another site’s mail server to relay mail without the express permission of the site.
HOSTING
The customer of any server or site hosted on TRAXS’s network is solely responsible for the content of the site, as well as the security of any applications and data stored thereon, and must obtain all required legal permissions for use of such content. TRAXS reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that in its sole discretion deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.
COMPLAINTS
Comments, questions, or complaints should be addressed to: info@traxsmedia.com
TERMS AND CONDITIONS OF PURCHASE
PRICES:
Retail prices for TRAXS Consulting (TRAXS) services shall be in accordance with the TRAXS Price List in effect at the time of order, reorder, or as specified on an authorized TRAXS quotation in force at the time an order is accepted.
TERMS AND CONDITIONS:
Orders for products and services purchased shall be subject to and submitted in accordance with these Terms and Conditions irrespective of inconsistent or additional terms and conditions in Customer’s Purchase Orders or other documents submitted by Customer to TRAXS.
TRAXS prefers to establish a single account for each Customer; however, there are instances where a single Customer may require billing to more than one entity. TRAXS performs its billing and accounting by account, not by type of service.
If Customer establishes more than one account with TRAXS for its own accounting purposes, there can be no crossover transactions between such accounts. When paying by check, separate checks are required for each account and when paying by credit card, separate charges will be made for each account.
TRAXS’s terms of payment shall be prepaid by cheque or credit card (Visa, MasterCard or Cheque); C.O.D. where applicable; or Net Invoice. Customer may apply, in writing, to open an account and establish credit with Thirty (30) day terms. Only after credit has been approved, in writing, do terms of payment become Net thirty (30) days. TRAXS reserves the right to revoke any credit extended at TRAXS’s sole discretion.
Invoices shall be issued: a) in advance of a covered period for term service products, including Internet and Support services; b) immediately following the delivery of periodical consulting services; c) on delivery in the case of products; or d) as specified in a written quotation or agreement. In all cases, Customer agrees to pay such invoices when due regardless of other scheduled deliveries.
PAYMENT, CHARGES AND RETURNS:
Invoices not paid within ten (10) days of the due date are considered past due.
If an account is more than fifteen (15) days past due, new orders may not be accepted until the account is current.
Services may be suspended when an account is more than twenty (20) days past due until the account is current. A re-activation fee is required to restore suspended services.
An account that is more than thirty (30) days past due is on credit hold. Services shall be suspended or terminated and orders shall not be accepted. In addition, any credit may be revoked and all future orders shall be prepaid or C.O.D. only.
TRAXS may include a monthly service charge on past due accounts, equal to five ($5) dollars or 1 1/2% per month on the unpaid balance, whichever is greater.
Accounts more than sixty (60) days past due shall be referred to collection. Customer agrees to pay collection charges incurred.
TECHNICAL ASSISTANCE:
Technical support will be available during the hours of: 10:00 am – 5:00 pm Monday – Friday: with a return call for overflow calls. After 5 pm support will be available via email and call back.
Saturday: Return Call and Email only
Sunday: Return Call and Email only
An online help menu will be posted on the website for the most Frequently Asked Questions (FAQ’s). This part of the website will be consistently updated as the needs for the customers change.
LIMITATION OF LIABILITY:
Customer agrees that TRAXS assumes no liability for any losses or damages, whether direct or indirect, from any cause whatsoever.
Customer further agrees that TRAXS will not be liable for any lost profits, or for any claim or demand against the Customer by any other party.
No action, regardless of form, arising out of the transactions under these Terms and Conditions or any other TRAXS Agreement, may be brought by Customer more than one (1) year after the cause of action has occurred.
IN NO EVENT WILL TRAXS BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF TRAXS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TRAXS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES ORDERED.
This work is © copyright 2013 by Traxs Media Group Inc. It may not be reproduced in total or in part without the author’s express written permission. All trade marks and brand names are acknowledged as belonging to their respective entities.