Terms & Conditions
Terms of Service
TOS applies automatically to all AntiDOS clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO AntiDOS’S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the” service order” document in case of colocation and dedicated server services.
General
AntiDOS agrees to provide services described in the Service Order(s) signed by the parties (“Services”) to the customer subject to the following Terms of Service (TOS). Use of AntiDOS services constitutes acceptance and agreement to these Terms of Service and all attachments. AntiDOS will make all reasonable efforts to provide a quality service to the Customer.
Privacy
Any customer’s personal information will only be used by AntiDOS when reasonably necessary to collect fees owed and provide contracted service and AntiDOS will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. AntiDOS authorizes a customer to use their comments, business name, and name in marketing documents. The customer has the complete authority to send a written notice to withdraw this authorization, anytime they want.
Bandwidth Services
As specified in the Service Order, AntiDOS will provide the Customer with the “Bandwidth Services”, including Internet Traffic services, IP Addresses, and Internet Connectivity. If servers are connected on a high-quality network, the bandwidth can be used across multiple servers at full capacity simultaneously.
The Customer shall strictly adhere to the Acceptable Usage Policy for the bandwidth and agrees that the bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form. The customer is aware of the fact that number of gigabytes is the sum of outgoing data transfer and incoming data transfer for a period of 1 month.
AntiDOS will monitor the Customer’s bandwidth usage and shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.
IP Addresses
AntiDOS requires customers to efficiently maintain all IP Addresses allocated to the Customer. All IP Addresses allocated to the Customer by AntiDOS must be utilized at 80% within 30 days of assignment. AntiDOS may revoke the IP Addresses after five days’ notice to the Customer in events of the customer failing to comply with this section. All addresses and Internet Protocol numbers assigned to the customer byAntiDOS remain the property of AntiDOS, and we have the complete right to eliminate or alter any and all such addresses and Internet Protocol numbers, in absolute discretion.
Other Services
In connection with the Bandwidth services and the Customer’s use of the Customer Space, AntiDOS may choose to fulfill the customer request and provide then with non-technical and technical support such as DNS, troubleshooting, and equipment reboots. The Customer is charged an hourly rate to avail these additional services.
Maintenance, Replacement, Removal, Installation, and access to Equipment
All equipment used by the Customer are owned by AntiDOS and cannot be used without a license. The customer can assert no right on the equipment. Customer is strictly prohibited from seeking physical access to the equipment.
Immediate Threats
If AntiDOS determines that the activities of the customer or the hosted applications, software, equipment used by the customer, pose an immediate threat to the integrity of the Premises, the integrity or physical performance of the equipment or network owned by AntiDos, or the safety of any person, AntiDOS may take any action as it deems fit without liability for any interruption of the Customer’s businesses, damage to the Equipment or data, or without prior notice to the Customer. Once AntiDOS has taken the necessary action, it notifies the customer by mail.
Insurance
AntiDOS is not liable under any circumstances to offer insurance coverage for any equipment hosted in the Premises or any data owned by the customer.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then AntiDOS may in its sole discretion do any or all of the following: (i) Suspend access to the Premises or the Customer Space without notice (ii) if the Customer’s default is non-payment of any sums, AntiDOS, exercises all the remedies and rights of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, AntiDOS may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to AntiDOS as well as any costs (including reasonable legal fees) incurred by AntiDOS in exercising any remedy under this Agreement.
Billing and termination
AntiDOS sends all invoices by Email but a copy can be sent via mail upon request. As shown in the service order, the customer is entitled to pay the First month’s payments before the commencement of the term. All later invoices will be issued 7 days before the end of the last paid period and must be paid by the customer Customer within 7 days from the date of issuance.
Payments
As specified in the Service Order, the customer pays AntiDOS the Recurring Monthly Fees and the One-Time Install Fees, in addition to any charges for Other Services the customer may have availed. Customer will also pay all applicable taxes levied upon or against the services stipulated in the Service Order or otherwise provided by AntiDOS under this Agreement. The service order is amended from time to time by the parties. All One-Time Install Fees and recurring Monthly fees are payable in advance, in the Customer’s chosen payment period. All other payments are due on the renewal date and cost and fees will be payable monthly. As stated in the Service order, the First Month’s Payment must be paid to AntiDOS by the customer before commencement of the Term, before commencement of the Term. All payments are payable in Canadian or American dollar and all invoices are issued 7 days prior to the end of the last paid period.
Service interrupted due to nonpayment is subject to a $50 USD reconnect charge. If a customer has not paid the amount 45 days after due date, their account can be turned over to an outside collection agency for collection. The customer agrees to pay the company a collection fee if their account has been handed over for collection. Please read the TOS, to know the proper procedure to cancel your account. Payments made after the due date will be subject to interest of two percent (2%) per month compounded monthly. Bounced checks incur a penalty of $20 USD.
Automatic debits by credit card
If a credit card is used for payments, AntiDOS will be in possession of your card information and leverage that information at the invoice date to make a payment. The customer will be notified after every transaction on the credit card, but the customer will not receive a previous notification. The customer can choose to disable the automatic debit by contacting the customer service. To re-enable automatic debits later, all a customer has to do is to check the box “automatic debit” on the manual payment form. By re-activating the automatic debit option or complying on the initial payment, the customer asserts that they have accepted and read the conditions pertinent to the automatic debit.
Furthermore, AntiDOS is authorized by the customer to draw amount equal to unpaid balance from the provided credit card without explicitly notifying the customer. Upon request by the client, the financial institution issuing the credit card can charge their account for any payments or dues related to the AntiDOS services. This authorization will be valid until an authorized person on the account asks to suspend the automatic debit.
The Customer will pay by pre-authorized payment to a Customer credit card, by cheque or wire transfer of immediately available funds remitted to AntiDOS. Payment by wire transfer and check will only be accepted for quarterly, bi-annual, and yearly prepayment programs.
Late payment
In case of pending dues, service will be interrupted after a 2day notification period. A reconnect charge of $25 is incurred to resume operations. Your account may be turned over to an outside collection agency for collection if is not collectable by AntiDOS. You agree to pay the company a Collection and Processing Fee in the event that your account is turned over for collection.
If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Changes
Upon 30 days or greater written notice prior to the end of the initial commitment, AntiDOS may change any fees payable under this Agreement.
Term and termination
The terms of this Agreement commence on the day the server is installed at client-end and last during the period stated in the commitment section of the Service Order. The default term is of 1 month, unless a commitment has been made. In the month preceding the initial commitment, the agreement is automatically renewed until terminated by either Party. After the initial commitment period has ended as specified on the service order, either party may terminate this Agreement on the account’s anniversary date. (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the “Customer Billing” control panel or in writing with the customer’s signature with at least 48 hours’ notice and emailed to: billing@antidos.net
Service downgrades and upgrades
If at any point in time, you want to switch to a hosting package that has few options, service downgrades will come in to effect at the next account anniversary’s date; i.e. the day of the month when the account was opened. However, server upgrades can take effect the day they are requested.
Refund Policy
All payments related to services rendered by AntiDOS are non-refundable, including the late fees, administrative fees, additional service fees, upgrade fees, monthly service fees, the one-time fees, and set up fees. If you are looking to cancel AntiDOS services, cancellation request must be put forward at least 3 days prior to the billing date to avoid getting billed for the next month.
Payment obligation
Upon account activation, AntiDOS reserves the resources, equipment, and space for the customer’s needs. Even if the customer is not using his account, he is entitled to pay his dues if the account is still active.
Credit Authorization
The customer authorizes AntiDOS to obtain financial references and credit information of the customer under applicable privacy laws for AntiDOS, to assess the Customer’s credit worthiness. The customer is hereby obliged to promptly deliver such further assurances and documents as requested by AntiDOS from time to time.
Guaranteed electrical power
AntiDOS guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Guaranteed hardware replacement
Any dysfunctional dedicated server hardware will be replaced within four hours of a request submitted by the end user. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT AntiDOS PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. AntiDOS WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ Activities, Software, equipments, or Acts, OR FAILURES TO ACT. THE LIMIT OF AntiDOS’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO AntiDOS UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL AntiDOS BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Force Majeure
Neither party will be liable for any failure, interruption, or delay in the performance of its obligations if caused due to natural calamities or political turmoil, or other similar event beyond the control of the party affected. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Reselling
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by AntiDOS to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless AntiDOS, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by AntiDOS under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
Entire agreement
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, AntiDOS MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Severability and Reformation
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Complaints
Complaints or TOS & AUP violations must be reported to billing@antidos.net.
Changes and rights
AntiDOS may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that AntiDOS may impose from time to time, provided that the Customer has been given 30 days’ notice.