Terms and Conditions

The following clauses and conditions, which are intended to clarify your rights and responsibilities as well as those of 10RUPTiV. Attention! Failure by you to comply with these Terms of Use may result in the cancellation of your account.

1. ACCEPTANCE OF CLAUSES AND CONDITIONS

1.1 By becoming a customer of 10RUPTiV and/or submitting the online registration form, you accept and agree to the terms and conditions below.

1.2 10RUPTiV reserves the right to modify these clauses and conditions at any time, without notice.

2. ACCOUNT OPENING AND PAYMENT TERMS

2.1 For a new account to be valid, 10RUPTiV must receive the full amount of the first payment within 10 days of the opening date.

2.2 The following payments must be received within 10 days of the invoice date.

2.3 Failure to meet deadlines will result in account suspension. A $25 reactivation surcharge will apply for each reactivation.

3. HOSTING

3.1 The customer is obliged to pay the costs of his hosting account, even if he does not use it. As 10RUPTiV installs the account, the service becomes available to the customer. The latter has the possibility to use his account at will as soon as it is put into service. Even if an account is not used, it occupies a space and uses system resources that could be used by other customers, so the customer is forced to pay for this service, whether they use it or not.

3.2 10RUPTiV undertakes to host the customer’s website according to the type of hosting chosen during registration.

3.3 10RUPTiV is not responsible for traffic reductions, revenue losses or costs related to server-related incidents or service outages.

4. RATE MODIFICATION

4.1 10RUPTiV reserves the right to modify its rates at any time.

4.2 Customers who have already paid their accounts will not be affected by a change in rates for the period already paid.

4.3 At its discretion, 10RUPTiV may choose to maintain a previous pricing structure for certain clients for a specified period of time. Under no circumstances shall this action be interpreted as 10RUPTiV relinquishing its responsibilities and rights described in these clauses and conditions.

5. DOMAIN NAME REGISTRATION

5.1 If a domain name has been registered (.com, .net, .org, .tv, .ca, .info, etc.), 10RUPTiV is in no way responsible for any payments due to the respective domain registry

6. HACKING AND MISUSE

6.1 Any form of hacking, including attempts to harm an Internet server or a client, is prohibited.

6.2 10RUPTiV does not tolerate abuse of its email system. Abuses such as sending unsolicited emails through our systems (also known as “spam”), and any other attacks such as the distribution of computer viruses and sending large files via email are strictly prohibited.

6.3 Sending an excessive number of emails at the same time is also prohibited, as this action could be considered “spam” and harm the reputation of 10RUPTiV’s email servers. For any mass mailing, the client agrees to use the mass email sending service offered by 10RUPTiV.

6.4 The client is prohibited from posting on their website publications that incite racial hatred or homophobia and any publication contrary to the federal law of Canada, the provincial law of Quebec, as well as the laws of the client’s country if different. Moreover, as a Canadian company, 10RUPTiV is obliged to prioritize the federal laws of Canada and the provincial laws of Quebec over those of other countries.

6.5 It is prohibited to encourage, present, or display content, texts, audio excerpts, videos, photos, drawings, or any other form of expression with a racist, violent, discriminatory character.

6.6 Pornography and the sale of goods related to the sex industry are prohibited on all our servers. This includes sites containing sexual content or those including external links leading to such sites. This prohibition also applies to sites that promote illegal activities or those whose content may damage our servers or any other server on the Internet. Links to such sites are also prohibited.

6.7 The practice or participation in abusive activities will automatically result in the cancellation of the offending client’s account without notice or refund. 10RUPTiV reserves the right to give notice, but such notice is not required to cancel the account of a client engaged in abusive activities.

7. RESPONSIBILITY FOR YOUR PUBLICATIONS

7.1 In the event that a site hosted by 10RUPTiV is subjected to an attack, hacked, or infected by a virus, malware, trojan, or any other form of contamination, 10RUPTiV reserves the right to close the site without prior notice for protective measures.

7.2 All systems and the entire environment of 10RUPTiV are constantly monitored. This monitoring is STRICTLY carried out for preventive purposes, and 10RUPTiV commits to respecting the confidentiality of the data.

7.3 The client is solely responsible for updating the open-source software they use (e.g., WordPress, Joomla, etc.). In the event that the client’s site poses a threat to the infrastructure of 10RUPTiV, the client will receive notice to remedy the situation within a specified timeframe. Beyond this deadline, 10RUPTiV reserves the right to suspend the client’s account.

7.4 Any content on the client’s website (text, audio excerpts, videos, photos, etc.) is entirely their responsibility. 10RUPTiV cannot be held responsible for the content published on a client’s site.

7.5 The client must ensure that all material they publish and use is free of any commercial rights.

7.6 The transmission of material that violates international, provincial, or local laws is prohibited. This includes, but is not limited to, material protected by copyright, material deemed obscene or threatening, and material protected by trade secret.

7.7 The client agrees to be solely responsible for the content published on their website. Under no circumstances can the client hold 10RUPTiV responsible for losses, damages, claims, expenses, legal fees, or other costs incurred by their website due to its unavailability or its content or for any other reason.

7.8 In the event of a breach of any of these rules, the client’s account on 10RUPTiV will be suspended, then deleted without notice, and the site will no longer be accessible on the Internet.

8. SANCTIONS

8.1 The client agrees to accept any decision of exclusion from the administrators in case of non-compliance with the rules defined above for or during the use of their hosting.

8.2 10RUPTiV reserves the right to refuse to serve a client and to cancel a client’s account without prior notice if deemed necessary.

8.3 In the case of non-compliance with payment terms, a violation of usage policies, or for any other reason at the discretion of 10RUPTiV, 10RUPTiV reserves the right, without any prior notice and immediately, to cancel the client’s account.

9. OPERATION OF SERVICES

9.1 10RUPTiV is not responsible for the protection or privacy of email or any other information transferred through the Internet network or for any other parts that its clients may use.

9.2 10RUPTiV does not promise or guarantee the client continuous and uninterrupted service. 10RUPTiV performs regular updates to ensure the stability of its environment, but ensures to do so outside peak hours.

9.3 In no event does 10RUPTiV commit to the client for any damage resulting from a failure or associated with a failure or delay by the provider to provide its services under the terms of this agreement. Delays attributable, without limitation, to a strike, a riot, a fire, an act of nature, theft, vandalism, or any other cause beyond the control of 10RUPTiV will not constitute a default under the terms of this agreement.

10. SERVICE TERMINATION

10.1 The client may cancel the hosting service at any time by providing written notice, which must be issued 30 days before the termination of the agreement. Additionally, the client agrees to pay any outstanding amount (balance) as well as the amount covering the service until the receipt of the cancellation notice.

10.2 In the event that the renewal of a domain name has already begun, PointPub Communications will not refund the payment in its entirety. An amount of $50 will be charged to cover administrative costs, along with a fee of $14.98 if the domain has already been renewed.

11. FRAMEWORK OF THE AGREEMENT

11.1 This agreement shall be governed by the laws of the province of Quebec. The venue for any legal action shall be in the province of the provider, 10RUPTiV, namely in Quebec.