Allied Internet Solutions furnishes to the Customer, this server colocation service, conditional to this Customer Terms of Use.

This agreement represents the complete agreement and understanding between Allied Internet Solutions and the account holder (hereinafter called the Customer) and supersedes any other written or oral agreement. This agreement must be respected at all times.

Upon notice published online via the Allied Internet Solutions website, Allied Internet Solutions may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. It is of the full responsibility of the Customer to stay current with any changes or conditions set forth in this Terms of Use agreement.

IMPORTANT: USE OF OUR SERVER COLOCATION FACILITY OR OF YOUR WEB HOSTING ACCOUNT WITH ALLIED INTERNET SOLUTIONS CONSTITUTES YOUR FULL APPROVAL OF THESE TERMS AND CONDITIONS AND SIGNIFIES THAT YOU ARE IN FULL AGREEMENT WITH ALL RULES AND REGULATIONS SET FORTH IN THIS TERMS OF USE AGREEMENT.

Last updated on Dec 12, 2008 at 10.26 AM EST.

1. Allied Internet Solutions makes no warranties of any kind, whether expressed or implied, for the service it is providing. Allied Internet Solutions also disclaims any warranty of merchantability or fitness for a particular purpose. Allied Internet Solutions will not be responsible for any damages, directly or indirectly that the customer could suffer in the case of any outage. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties or power disturbances.

2. Services provided to the Customer by Allied Internet Solutions may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Allied Internet Solutions reserves the right to completely shutdown a website, or to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

3. Customer agrees to defend, hold harmless and expeditiously indemnify Allied Internet Solutions from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

4. Allied Internet Solutions accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow FTP access to Allied Internet Solutions's servers and host websites for its customers without violating this Policy, provided Customer only uses it's designated allocated hosting areas and the conditions that apply to that Customer under the plan he or she has selected.

5. Allied Internet Solutions reserves the right to cancel any service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after Allied Internet Solutions's cancellation of the account without our written consent, Allied Internet Solutions will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

6. Setup fees are not refundable under any conditions.

7. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Allied Internet Solutions Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Allied Internet Solutions for the Cancellation Code.

8. Additionally, CUSTOMER agrees not to utilize any of Allied Internet Solutions's Web hosting services, equipment or email addresses once account has been cancelled.

9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

10. Allied Internet Solutions requires that its agreements be made with a person who is qualified to contract. As such, Customer or subscriber must be over the age of eighteen (18) years, or must be of legal age in his or her country of residence. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Allied Internet Solutions cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age, or of legal age in their country of residence.

11. Customer shall ensure that its use of Allied Internet Solutions's network services shall not disrupt Allied Internet Solutions, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Allied Internet Solutions reserves the right to place CPU process limits on the Customer's account or any other necessary means to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Allied Internet Solutions user or to any directly or indirectly attached network. Use of Allied Internet Solutions's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Allied Internet Solutions shall be considered a breach of this Policy and may result in the complete cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Allied Internet Solutions's services, Allied Internet Solutions's equipment or any site hosted on any Allied Internet Solutions's family of networks located all over the world.

12. Customer warrants that any material submitted for publication on Allied Internet Solutions does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Allied Internet Solutions fully reserves the right to remove any and all materials which infringe on any copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

13. If Allied Internet Solutions becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Allied Internet Solutions, at its discretion, may, at any time deny access to the challenged material of Customer.

14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

15. Use of Allied Internet Solutions's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

16. Although all hosting plans permit unlimited data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.

17. Digital Millenium Copyright Act: If you believe that your work has been copied in a way that constitutes copyright infringement by a Allied Internet Solutions customer ("the Customer"), you ("the Complaining Party") must first provide Allied Internet Solutionsís Copyright Agent with the following information in writing ("the Notification"):

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(2) A description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;

(3) A description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material;

(4) Your physical address, telephone number, and email address;

(5) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Once we have received your email complaint, we will notify you of the correct procedure thereafter to successfully pursue the matter.

Once you have correctly satisfied our Copyright Protection Policies, Allied Internet Solutions will:

(1) Remove or disable access to the material that is alleged to be infringing;

(2) Forward the written notification to the alleged infringer ("the Customer");

(3) Take reasonable steps to promptly notify the Customer that it has removed or disabled access to the material.

In response, the Customer may send a "Counter-Notification" to Allied Internet Solutions. To be effective, the Counter-Notification must be in writing and include the following information:

(1) The Customerís physical or electronic signature;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(4) The Customerís name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the Customer is outside the United States, for any judicial district in which Allied Internet Solutions may be found, and that the Customer will accept service of process from the person or his agent who provided the original Notification.

Upon receipt of the written Counter-Notification containing the above information by the Customer, and only upon receiving such Counter-Notification, Allied Internet Solutions will:

(1) Provide the Complaining Party with a copy of the Counter-Notification;

(2) Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Allied Internet Solutionsís Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Customer from engaging in infringing activity relating to the material referenced in the Notification.

18. Any party seeking to report any other potential violations of this Agreement may contact Allied Internet Solutions via email.

19. Transferring your domain to another provider does not constitute canceling your Allied Internet Solutions account. You must notify Allied Internet Solutions in writing to formally cancel your account with Allied Internet Solutions to avoid further charges.

20. On occasion, Allied Internet Solutions may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.

21. It is the responsibility of the customer to contact Allied Internet Solutions of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

22. ALLIED INTERNET SOLUTIONS HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY ALLIED INTERNET SOLUTIONS CUSTOMER THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY, HIS DOMAIN NAME WILL BE DELETED AND NO REFUND WILL BE ISSUED. If a Allied Internet Solutions customer wishes to send e-mails to selected prospective customers, he can provided he or she uses compatible permission-based email software. we will then accept your email campaigns without any problems. Furthermore, if a prospective customer elects to cancel the sending of any emails in the future, any Allied Internet Solutions client will have to abide by that and stop sending emails to that person immediately.

23. Customers don't have permission to install any programs or scripts that could cause Allied Internet Solutions's servers or its network to slow down or to negatively affect the normal day-to-day operation of other Customer's sites or applications. If Allied Internet Solutions becomes aware of such programs or scripts, at its sole discretion, it will have the right to either remove or to disable them temporarily or permanently.

24. All customers of Allied Internet Solutions will be fully responsible for any CGI, PHP, ASP, Perl or any other script or similar scripting program or software that the customer installs on Allied Internet Solutions's servers. Additionally, Allied Internet Solutions will refuse installation and access to such scripts or programs, unless they have been fully examined and verified by a qualified Allied Internet Solutions technician, and that such scripts or programs have been confirmed safe by Allied Internet Solutions to install on its servers. Such a verification and approval process costs $ 50.00 plus applicable provincial taxes and GST, and the customer needs to pay Allied Internet Solutions in advance for this necessary service. It is also the responsibility of the customer to ensure that any scripts or scripting programs are free of any breach of security defects and that they remain in good operating condition at all times. Any scripts or any scripting programs that are deemed vulnerable to a security breach or exploit will be immediately removed and all CGI or script access will be removed and a notification email will be sent to the customer. Once the customer has remedied and repaired the defective script or scripting program in cause, Allied Internet Solutions will have to re-examine said script, and there will be a $ 50.00 verification fee, plus applicable taxes for the service. The customer or his Web designer are responsible for the good operation of any scripts or scripting programs at all times.

25. Allied Internet Solutions's Web hosting services are recognized as being of the highest quality there is, and its servers are of the highest quality and capacity available, as far as the current state of modern Internet technology today is concerned. There shall be no refunds, either partial or complete for any lack of experience in how to build a website, how to program, how to build Web pages and for any lack of knowledge on the part of the site owner. It is always of the client's responsability to fully ensure that he or she has the necessary knowledge, experience and the right tools to design and maintain a website at all times.

26. If a Customer has signed up and paid for a hosting plan one year in advance, and later cancels his account before the expiration date of his account, an amount of $25 CDN plus applicable taxes will be witheld and will not be refunded to the Customer, in order to compensate for Allied Internet Solutions's inherent cost in registering a free domain name for the Customer. The same conditions could apply to other fees, such as the purchase and registration of SSL certificates, if any. Furthermore, Allied Internet Solutions will evaluate at its discretion if other fees should be witheld, such as additional configuration time or installation work to launch any given website that could include special features, normal or otherwise.

27. Unless otherwise stated by Allied Internet Solutions, all domain names are renewed every year automatically by our domain registrar. Allied Internet Solutions always sends a renewal notice via PayPal at least 30 days or more prior to the domain's renewal and at the email address we had on file the same day the Customer opened his Allied Internet Solutions account. It is always the responsability of the Customer to make sure his domain name is renewed on time. Allied Internet Solutions will only send a maximum of three (3) domain renewal notices via the PayPal payment request system. If payment isn't received by Allied Internet Solutions ten (10) days after the third payment request has been sent, in order to guarantee payment, Allied Internet Solutions will replace the DNS settings on the affected domain for as long as the non-payment condition is in effect. After such action, the Customer's website and all his email addresses will cease to operate normally. Allied Internet Solutions will then send a notification notice to the Customer, with an explanation on how to take corrective action. Furthermore, on top of the regular $25 annual renewal fee, Allied Internet Solutions will impose a $20 DNS re-initializing fee payable by the Customer, if the Customer isn't hosted on Allied Internet Solutions's servers anymore. If the Customer is hosted by Allied Internet Solutions, the $20 re-initialization fee will be waived. All domain renewals are subject to applicable taxes in the province or territory where the Customer resides.

28. Customer is forbidden of giving his Plesk control panel User ID or Password to his clients, his suppliers, or anybody that works outside his own premises for any reason, unless it is his designated webmaster, site developer or programmer. Customer is fully liable for any damages, downtime, repairs or replacement of any of Allied Internet Solutions's servers, network equipment or any other apparatus if there should be a breach of security caused by giving unauthorized people access to the Customer's control panel.

29. It is strictly forbidden to post, write or display any messages of hate or to display cartoons, photos or images that may be offending to specific groups, religions, nationalities or beliefs. If Allied Internet Solutions encounters such violations it will immediately and PERMANENTLY disable any accounts and without any warning. There is never any refunds in any of these cases.

30. Customer will completely exonerate Allied Internet Solutions of any possible legal or court fines to any violations perpetrated by any action taken by the customer. If a court levies or charges a fine to Allied Internet Solutions for any customer misconduct or in violation to this Terms of Use, Allied Internet Solutions will automatically countersue the customer for the full amount of the fine, all related court costs, all related attorney costs, plus the expenses it has encurred in relation to such fines and to defend itself.

31. Unless agreed upon otherwise with Allied Internet Solutions's management, Customer accepts that there will be a $25 administration fee to downgrade any hosting plan to a lower plan. There are no fees to upgrade from a lower to a higher plan.

32. Customer is encouraged to report to Allied Internet Solutions any action which he or she thinks could constitute abuse on Allied Internet Solutions's servers or its network. If Allied Internet Solutions needs additional information on a specific incident, Customer will try to cooperate in the best way possible.

33. All server colocation customers are fully responsible for their own servers since it is them that are the sole proprietors of those servers. Unless specified in a written statement, Allied Internet Solutions will not be responsible for the care, upkeep, maintenance, service or security patches or any other maintenance work on customers' Web or Internet servers that are using Allied Internet Solutions's colocation services, and this without any exceptions.

34. If Allied Internet Solutions is required to do any kind of server maintenance on a colocation customer, our normal hourly rate of $90 CDN will apply at all times, and this is subject to a minimum one-hour transit 'service call' charge that will be billed in addition to the actual number of hours worked, unless agreed upon otherwise with the colocation Customer.

35. By default, all colocation server customers are supposed to already posess all the necessary and basic knowledge it takes to administer and manage any server or any number of server clusters, be it Linux, Windows or any other server operating system, whether it be commercial or 'in-house' developed. The same goes for any networking equipment that might be involved, such as routers, firewalls, switches, network backbone equipment or any other similar hardware or software that isn't the responsibility of Allied Internet Solutions.

36. There's a limit of only one Category 5 Internet cable per server. Every extra Cat. 5 Internet connection will carry an extra charge of $40 a month per additional connection. For example, a 1U server with two Cat. 5 Internet connections would cost $40 over and above the normal $79.95 monthly rental fee.

37. All colocation customers are fully responsible to supply at the time of the installation of their server or servers, all necessary mounting hardware, server rack (side) mounting rails, all 'Category 5 or Cat 6 cables', all 110 volt power cords and all necessary connecting wires or cables to and from Allied Internet Solutions's racks to their servers. Failing that, Allied Internet Solutions will invoice and charge the customer $12 for each Cat 5 or Cat 6 cable needed, and a minimum of $8 each for a standard three-prong server power cable.

The management of Allied Internet Solutions.