Our Terms of Service (TOS) and Acceptable Use Policies (AUP):
Scope and Application of Policy:
Canuck Hosting is a subsidiary of pcMedix Computer Solutions, hereinafter referred to as pcMedix. pcMedix maintains this Acceptable Use Policy ("AUP") to provide users of its Services (as such term is defined in the Terms of Service located at tos.htm for purposes of this AUP, the term "Services" shall also be deemed to include pcMedix’s various systems and network) with a clear statement of rules and use restrictions that apply to the use of pcMedix’s Services.
This AUP forms an integral part of the Terms of Service that govern your use of pcMedix’s Services. Your compliance with and cooperation in pcMedix’s enforcement of this AUP is an express condition to your continuing contractual rights to use pcMedix’s Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for pcMedix to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at this location and that your continued use of pcMedix’s Services will constitute your acceptance of any changes or additions to this AUP. You may determine the date of posting at the Effective Date section at the end of this AUP.
This AUP is not intended to address all possible unacceptable uses of pcMedix’s Services. As a result, pcMedix reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as pcMedix deems appropriate in its sole discretion.
YOUR USE OF PCMEDIX’S SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. PCMEDIX MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
pcMedix WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, pcMedix RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT PCMEDIX TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE PCMEDIX TO INCUR LEGAL FEES OR OTHER EXPENSES.
pcMedix MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. pcMedix MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
You may use pcMedix’s Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use pcMedix’s Services to facilitate, or otherwise assist in, the violation of any law or regulation.
Spamming and Related Activities:
pcMedix strictly prohibits your use of pcMedix’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
Permission Based Communications:
You may use pcMedix’s Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using pcMedix’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via pcMedix’s Services, you must verify that the lists have been compiled on a strict "opt-in" basis.
In addition to the foregoing general requirements, all permission-based communications sent using pcMedix’s Services must include the following (and you are required to take the corresponding actions set forth below):
A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter pcMedix’s Services.)
You are solely responsible for the transmission of all such permission-based communications. pcMedix reserves the right to suspend or terminate your Services in the event pcMedix receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that pcMedix may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
If a copyright owner believes in good faith that pcMedix is the hosting provider of material that infringes that copyright, the copyright owner may submit a written notification of claimed infringement to pcMedix’s designated copyright agent:
In the event that pcMedix must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that pcMedix may do so by disabling access to your entire web site.
Violations of Other Intellectual Property Rights:
You may not use pcMedix’s Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party.
Although pcMedix reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using pcMedix’s Services in a manner that infringes such third party’s intellectual property rights, pcMedix may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide pcMedix with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
Defamation and Harassment:
You may not use pcMedix’s Services to defame, harass, abuse, libel, slander or threaten a third party.
Complaints about activity in violation of this policy engaged in by pcMedix customers or end users may be directed to us by contacting us.
You may not use pcMedix’s Services to disseminate or display images or other content that constitutes child pornography under United States laws.
For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org.
Disruptive or Abusive Activity:
You may not use pcMedix’s Services:
United States Export Laws:
United States export control laws govern your use of pcMedix’s Services. These laws apply to you and your use of pcMedix’s Services regardless of whether you actually reside in the United States.
You may not use pcMedix’s Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use pcMedix’s Services to provide services to end users with whom United States citizens may not do business.
For further information about United States export laws, you may visit the United States government’s portal to exporting and trade services at http://www.export.gov/exportcontrols.html.
While pcMedix is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. pcMedix is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of pcMedix.
In connection with your use of pcMedix’s Services, you may only use IP addresses that are assigned to you by pcMedix. If you use IP addresses that are not assigned to you by pcMedix, pcMedix will suspend your Services from network access until such time as the IP address overlap is corrected. pcMedix owns all IP addresses that may be assigned to you by pcMedix. pcMedix may, in its sole discretion, change these numbers from time to time without notice to you.
Certain Restrictions Applicable to Free Hosting Customers:
If you are the registered owner of a pcMedix Free Hosting account:
Your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in pcMedix’s records. You may allow ftp access for your end visitors without violating this AUP.
When you utilize an excessive amount of system resources, pcMedix reserves the right to place CPU process limits on your account to prevent disruption of pcMedix Services to other customers. pcMedix reserves sole discretion to determine what constitutes excessive usage of system resources.
Certain Restrictions Applicable to Dedicated Customers:
If you are the registered owner of an pcMedix dedicated account:
You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and pcMedix may launch an investigation to determine the cause and source of the attack. In such an event, you are responsible for all costs to rectify any damage done to your server and any other requirement affected by the security breach. You acknowledge and agree that pcMedix will not be liable to you or your end users for any loss or corruption of data or information, inability to access the Internet or pcMedix’s Services or inability to transmit or receive information as a result of any actions taken by pcMedix in response to such security breaches. This foregoing sentence may not be construed to diminish or amend any limitations of liability, or restrict the applicability of such limitations, as to pcMedix that are set forth in the Terms of Service or any other agreement between you and pcMedix.
No Credits or Refunds for Suspension and/or Termination of Services
pcMedix does not issue credits or refunds for outages incurred as a result of its decision to suspend or terminate its Services for a violation of this AUP. You agree to indemnify, defend and hold harmless pcMedix from any claims by your end users and any third party that they have been damaged by reason of such suspension or termination of pcMedix’s Services.
Monitoring of Services; Cooperation with Law Enforcement; Legal Documents
You are solely responsible for ensuring that materials disseminated or posted using pcMedix’s Services comply with this AUP and all applicable laws and regulations. pcMedix does not review, edit, censor or take responsibility for any information you, other customers or your end users may create.
pcMedix may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. pcMedix assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
On occasion, pcMedix may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. pcMedix may choose the method of such communication in its sole discretion. The preferred method of communication is via e-mail.
It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to pcMedix during the sign-up process. It is your responsibility to inform pcMedix promptly of any changes to your account or contact information. pcMedix has no responsibility for communications that are misdirected as a result of your failure to provide pcMedix with updated contact information.
If you use our domain registration services and you cancel a domain registration, or fail to pay for the annual renewal of a domain name on or before the annual renewal date, we retain the right of first refusal to claim ownership of the domain. Then we may either cancel, develop or sell the domain as we see fit. You are also required to give us at least 60 days prior notice in writing if you wish to cancel an established domain.
This TOS/AUP was last updated on January 12, 2015.