This document was last modified on June 6, 2020.
Asban inc (hereinafter “Asban“) employs an Acceptable Use Policy (hereinafter “AUP“) to maintain the integrity and performance of its computer equipment. In a shared web hosting environment, several clients must share limited infrastructure resources. As such, it is important not to use your hosting account in a way that may negatively affect other Asban clients. Our AUP describes what is and is not allowed on our servers. By using any of our services, you agree to comply with our AUP. Failure to comply with the AUP may result in account suspension or termination without prior notice. Asban will remain the sole arbiter in what constitutes a breach of our AUP.
2. Illegal Activities
You may not use any of Asban’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Asban if, for any reason, Asban takes corrective action with respect to your improper or illegal use of its services.
3. Spam Policy
Asban has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of 250.00$, plus taxes, can be charged for a first offence, and penalties double for repeat offenders.
4. Resource Usage
(a) Web Hosting
In order to guarantee reliable service, Hosting Accounts may not use more resources than what would be required by a regular web site in the course of its regular activities. Accounts may not use more than 5% of the total Asban system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. Asban will attempt to notify the client whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Clients consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed.
Asban server resources cannot be used for any other purpose than to serve data from your web sites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.
Please note that a shared hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.
5. Allowed Software and Scripts
All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is your responsibility to update all the installed software with the latest security patches in a timely manner.However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account.
Insecure scripts and software may be disabled by Asban at any time without prior notice to prevent issues with the server’s security.
6. Unlawful Conduct or Improper Use
You agree not to use Asban systems for any purpose that is unlawful or prohibited by this AUP, and you agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements.
Asban reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:
Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
Transmission, distribution or storage of any material in violation of any applicable law or regulation, including Warez and any pirated content or tools;
Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal;
Misrepresenting or fraudulently representing products/services;
Impersonating the identity of a third party;
Illegal access to other computers or network (i.e. hacking) and distribution of Internet viruses or similar destructive activities;
Violating Canadian or American export control laws for software or technical information;
Facilitating, aiding, or encouraging any of the above activities, whether using Asban’s network or service by itself or via a third party’s network or service;
Interference with a third party’s use of Asban’s network or service, or ability to connect to the Internet or provide services to Internet users.
You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.
Asban will, at its own discretion, determine what action will be taken in case of a violation of the AUP. Asban reserves the right to suspend or terminate any account found to be violating the AUP without notice and without refund of any pre-paid fees. Violation of this AUP could also subject you to criminal or civil liability.
9. Rights reserve
Asban reserves the right to modify this AUP at any time without providing prior notice. You are responsible for all use of the Asban services by yourself, your employees, agents, contractors, invitees and customers, whether such use is with or without your consent.
10. Questions and Concerns
If you would like more information about Asban’s Acceptable Use Policy, please contact us via our helpdesk. We will deploy our best efforts to assist you.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
12. Applicable Law and Jurisdiction
This Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Sorel-Tracy, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects.