Terms and Conditions

1. Services

1. Provision of Services: Astral Internet Canada may perform its obligations through its affiliates, agents, or subcontractors (the «Third Party Providers»), provided that Astral Internet Canada shall not be relieved of its obligations under this Agreement by use of Third-Party Providers.
   1. Shared Hosting: Astral Internet Canada shall furnish to the Customer the Services on a shared server. Astral Internet Canada performed regular backups of shared hosting accounts as well as shared server restore points. However, Astral Internet Canada does not guarantee its integrity or availability.
   2. Virtual private server: Astral Internet Canada shall furnish to the Customer the Services on an infrastructure allowing honoring the resources of the virtual private server. Astral Internet Canada performs regular restore points for virtual private server volumes but does not guarantee their integrity or availability.
2. Modification of Services: Astral Internet Canada reserves the right, in its sole discretion, to modify this Agreement or any document that forms a part thereof, the Service, any aspect of the Service, including, without limitation, pricing and Services features. Customer agrees to go to https://www.astralinternet.com/en/terms/ periodically and to review this Agreement to be aware of such modifications. Nothing in this Agreement shall be construed as obligating Customer to accept receipt of the Service after any change is made to the Service or this Agreement; however, Customer’s sole remedy in the event that Customer does not wish to accept such change shall be cancellation of the Service (and termination of this Agreement) including the payment of any termination charges or other charges that may apply. Should you continue to use the Service after such change is effective, such use shall be deemed to be your acceptance thereto and your expressly agree that no additional written agreement or express acknowledgment shall be required to accept such change.
3. Help Desk: If the Customer requires help desk support from Astral, the Customer may either:
   1. Open a support ticket from the customer section available to the Customer.
   2. Call 1-877-667-0932 for technical support, billing, or sales issues.
   3. Email support@astralinternet.com for technical support.
   4. Use the online chat support available at https://www.astralinternet.com/en/ for technical support.

Astral Internet Canada help desk representatives will make reasonable efforts to assist with resolving Customer support issues. Customer support issues are distinguished and resolved by level of severity as some issues may not be deemed critical and temporary work around solutions will be provided until a longer-term fix is available.

The configuration or implementation of software on the Customer’s devices, such as the configuration of a CRM or email software, is not the responsibility of Astral Internet Canada.

Astral Internet Canada help desk representatives will make reasonable efforts to contact the Customer during normal business hours (EST) on the next business day to help resolve the issue.

Astral Internet Canada reserves the right, in its sole discretion, to alter the help desk support hours of operations.

4. Equipment and Software Requirements: The following minimum equipment and software requirements must be met to utilize the Service:
   • Desktop/OS – Windows 7/OSX
   • Browser – Chrome 99, Firefox 98, Safari 14, Edge 98, or a later version of one of them
   • Internet – High-speed connection recommended.
   • Email – The software must support the TLS 1.3 protocol or later.

2. Fees

1. Set Up and Monthly Fees: The Customer shall pay Astral Internet Canada a non-recurring set-up fee (where applicable) and recurring fee (together the «Fees») as set forth in the final package details applicable to the package selected by the Customer and as set out on https://www.astralinternet.com/en/. The non-recurring set-up fee will be charged upon registration and the recurring fee will be invoiced to the Customer and payable within 30 days of the invoice date. Some Service upgrades might also incur a one-time non-recurring charge to be invoiced to the Customer in the following billing cycle.
2. Late Payment Charges: Invoiced amounts not paid within such a period are subject to a late payment charge of 1.5% per month (19.56%, annually) («Late Payment Charges»). Customer will be responsible for payment of all costs reasonably incurred by Astral Internet Canada in collecting or attempting to collect any unpaid Fees or Late Payment Charges. Except as provided elsewhere in this Agreement, all payments made by Customer will be non-refundable.
3. Account Suspension for Delinquent Accounts: Overdue invoices will result in immediate suspension of services. If the invoice is not paid within fifteen (15) days of the due date, the account will be deleted. Astral Internet Canada cannot be held responsible for any error, loss of information or other incident that may occur during the account suspension.
4. Underbilling: Unless there has been Customer deception with regard to a charge, Customers will not be responsible for paying a previously unbilled or under billed charge except where:
   1. In the case of a recurring charge, it is correctly billed within a period of one year from date it was incurred.
   2. In the case of a non-recurring charge, it is correctly billed within a period of 150 days from the date it was incurred.

In the circumstances described in above, unless there has been customer fraud, Astral Internet Canada will not charge the Customer interest on the amount of the correction. If the Customer is unable to promptly pay the full amount owing, Astral Internet Canada will attempt to negotiate a reasonable deferred payment agreement.

5. Overbilling: In the case of a recurring charge that should not have been billed or that was overbilled, a Customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, a Customer who does not dispute the charge within one year of the date of an itemized statement which shows that charge correctly will lose the right to have the excess credited for the period prior to that statement. Non-recurring charges that should not have been billed or that were overbilled will be credited, provided that the Customer disputes them within 150 days of the date of the bill.
6. Invoicing: The Customer acknowledges and agrees that the invoices for the Fees related to the Service may be produced, submitted, and delivered either electronically or on paper.
7. Payment by Check: The Customer is responsible for ensuring that payments made to Astral Internet Canada by check are sent to the address as it appears on the https://www.astralinternet.com/en/ website or as specified by the Astral Business Office or other official Astral Internet Canada groups.

3. Term, Termination and Order Cancellation

1. Agreement: This Agreement is established on a recurring monthly, quarterly, half-yearly, annual, biannual, triennial, quadrennial, five years, sexennial, seven years, octennial, nine years or ten-year basis (the “Agreement”).
2. Termination of Agreement: The provisions of this paragraph 3b) apply only to, in regard to the thirty (30) day satisfaction policy, the Shared Hosting or Deluxe Anti-Spam services, and only in the case of a new purchase, and do not apply during the renewal of a service. No other service purchased or renewed at Astral Internet Canada for one (1) month, three (3) months, six (6) months, one (1) year, two (2) years, three (3) years, four (4) years, five (5) years, six (6) years, seven (7) years, eight (8) years, nine (9) years, or ten (10) years is refundable.

Either party may terminate the Agreement on thirty (30) days prior written notice to Astral Internet Canada (by phone or email), subject to the payment of applicable termination fees («Termination Fees»). If the Agreement is canceled within ninety (90) days of purchase, the Customer shall pay Termination Fees equivalent to the current domain name registration fees charged by Astral Internet Canada when registering domain names on the Customer’s behalf. For more information including a listing of Astral Internet Canada current domain name registration fees, please refer to the website. The Termination Fees are liquidated damages and consideration for the Services and are not a penalty. The parties acknowledge that the Termination Fees are a reasonable pre-estimate of the damage that would be anticipated to be suffered by Astral Internet Canada upon termination. Customer is solely responsible for ensuring that the Customer website has been migrated away from Astral Internet Canada servers and that Customer website and email have been backed up prior to termination. Astral Internet Canada is not responsible for any data lost as a result of Customer termination. Restoration of Customer website may be possible in limited circumstances at Astral Internet Canada discretion and subject to applicable fees.

3. Termination by Astral Internet Canada: Astral Internet Canada reserves the right to immediately suspend or terminate the Service for reasonable cause, including but limited to
   1. Non-payment of overdue invoices to Astral Internet Canada.
   2. The Customer committing an act of insolvency or being involved in any proceeding, either voluntary or involuntary, under laws affecting creditors’ rights or the appointment of a receiver, or otherwise not meeting Astral’s credit requirements.
   3. Violation of or non-compliance with any of the provisions of this Agreement or of any document or policy forming part thereof (including without limitation the Acceptable Use Policy).
   4. Astral Internet Canada ceasing to offer the Service. In the event of default by the Customer, any and all payments required to be made to Astral Internet Canada by the Customer shall be due and payable immediately.

Suspension or termination of this Agreement shall not relieve the Customer from any liability, including amounts owing and accrued up to the time that such termination becomes effective.

4. Deletion of Customer Information: Astral Internet Canada reserves the right to delete any and all information in the Customer’s account including the order processing information, databases, mailing lists and any Web pages that were generated by the Service, upon termination of the Service.

4. Use of Services: Customer Obligations

1. Lawful Conduct: The Customer agrees to use the Service only for legal purposes under all applicable laws, whether international, federal, provincial, or municipal. The Customer undertakes not to store, nor to make accessible by way of links or otherwise, nor to transmit or announce images or documents whose content is obscene, threatening, abusive, malicious, defamatory, hateful, discriminatory, racist, or ethnically objectionable. The Customer agrees not to use the Service to conduct any commercial or other activity, or to solicit the performance of activities containing any illegal, defamatory content or contravening any Astral Internet Canada policy. Breaches of this or any other provision of the Agreement may result in termination of the Service provided by Astral Internet Canada, with or without notice or notice period, but without the Customer having the right to obtain a refund or credit. Astral Internet Canada will give notice or provide a notice period in its sole discretion considering the seriousness of the breach.
2. Acceptable Use: The Customer must use the Service at all times in accordance with Astral Internet Canada Acceptable Use Policy, as updated and amended from time to time, attached hereto as Annex A. The Customer must not infringe upon Astral Internet Canada reputation, Astral Internet Canada computer systems or programming, or those of other users of the Service. The Customer agrees not to hinder the Service, nor to modify or restructure it in any way, as well as not to authorize or help anyone to use it in an abusive or fraudulent manner, namely among other things, in a way that unreasonably disrupts the Service or Astral Internet Canada network or denies access to it to others; for a purpose or in a manner that directly or indirectly contravenes applicable laws or the rights of third parties, or in such a way as to avoid paying the fees provided for herein. The Customer agrees to follow the generally accepted rules of “netiquette” when sending messages or emails to discussion groups.
3. Security: The Customer is responsible for the security of his or her passwords. Astral Internet Canada reserves the right not to change the passwords without proper identification of the Customer, which may include, but is not limited to, the signature of the Customer. Customer is solely responsible for taking adequate and necessary precautions to protect Customer software, files, data, and equipment against risks inherent in the use of the Internet. Astral Internet Canada is not liable for Customer’s failure to adequately protect itself from such risks.
4. Customer Responsibility for End Users: Customer agrees to cause all persons using the Services through Customer’s computers or account, including employees, independent contractors, consultants, web designers, programmers, agents, volunteers, and other service providers to be made aware of and agree to be bound by and comply with the terms and conditions of this Agreement including the Customer’s obligations regarding the use of the Services. Customer shall be solely responsible and liable for any breaches of the terms and conditions of this Agreement whether the breach is the result of the Customer’s use of the services, or by any other user of the Customer’s equipment, computers, account, or services, whether or not such use was authorized by Customer.
5. Backup Requirements: Customer shall ensure all files are adequately backed up and recoverable in case of an outage or service failure. The integrity and frequency of backups performed by Astral Internet Canada are not guaranteed and may not be available in the event of a major equipment failure.
6. Customer Space/Traffic: Customer shall ensure that its use of the Services will not exceed Astral Internet Canada stipulated space and traffic limits applicable to the Service package purchased. Customer acknowledges Astral Internet Canada right to charge Customer additional fees should Customer bandwidth or storage exceed their Service package purchased or force a migration of the Services to a dedicated website hosting account should Customer’s traffic, space or usage requirements dictate.
7. File Uploads: The Customer is entirely responsible for the uploading of files to their website, maintenance, and backup of their content. For the upload of files and content on the Customer’s hosting space, the Customer must retain a copy of the Web site.
8. Customer Scripts: The use of scripts is the Customer’s responsibility, including the provisioning, upload, management, and troubleshooting (unless its server related) of Customer scripts. Customers may use their own scripts on the server without administration approval. However, if it is determined in Astral Internet Canada sole discretion that the scripts are in any way affecting the servers Astral Internet Canada reserves the right, immediately and without prior notice to Customer, to disable the scripting. Customer will be notified once disabling has occurred. More specifically, if a script is found to over-utilize the server in any way, access to the web directory where scripts are held will be disabled and the scripts will be rendered useless. It is then the responsibility of the Customer to fix the script and prove that there has been a change. Once Astral Internet Canada receives the details of changes in writing, Astral Internet Canada will turn the scripting back on (usually this takes about three (3) days). If the script is not fixed, Customer access to the web directory where scripts are held will be turned off indefinitely. The Customer must then recode the script and prove to Astral Internet Canada that the script will not negatively impact the server, which shall be confirmed in Astral Internet Canada sole discretion. Once Customer has adequately satisfied Astral Internet Canada that the script is acceptable, Astral Internet Canada will then re-enable the script. If the problem persists, services will be terminated for that Customer and will not be re-enabled. Scripts should be enabled to access files or directories within their own root level. Nothing will be «registered to the server» under any circumstance. If a script does not work because of calling outside its directory, Astral Internet Canada will not assume responsibility or offer aid: it is the customer accountability to troubleshoot the script.
9. Customer Representation and Account Information: Customer shall inform Astral Internet Canada and keep Astral Internet Canada current with true and accurate information regarding any changes to the Customer’s designated representative employees or agents authorized to instruct Astral Internet Canada, billing, and account information, including address, phone, email, domain name or fax number changes. Customer must keep current its billing telephone number, and the Customer’s designated administrative contact information. Failure to update Astral Internet Canada within a commercially reasonable time may result in the suspension or termination of Customer’s account, without the right to credit or refund.
10. Customer Obligation to Indemnify: Notwithstanding anything else in this Agreement, the Customer acknowledges that the content on the Customer’s Service is the sole responsibility of the Customer and Astral Internet Canada does not own or have any control over the content, availability, accuracy, security or any other aspect of any information, including, without limitation, personally identifiable information, data, files, pictures or content in any form or any type (collectively, the «Information») accessible or that may be available to or by the Customer or its end users through the use of the Service and further that Astral Internet Canada does not as a matter of practice (although it reserves the right to should circumstances warrant) monitor the use of the Service by the Customer or its end users, and except as provided herein, has no control over the Customer’s or end users’ use of the Service. The Customer agrees to indemnify, defend, and hold harmless Astral Internet Canada, its affiliates, agents, and any Third-Party Providers from all claims, including, but not limited to:
    1. Infringement or misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property rights, false advertising, unfair competition, defamation, libel, slander, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute, losses, damages, liabilities, judgments, or settlements, including reasonable legal fees, costs, and other expenses incurred by Astral Internet Canada, its affiliates, agents and this party providers related to or in connection with the content of the Customer’s website; and
    2. All claims by any third party, including end users and distributors, in connection with the use of the Service (and related equipment and software) or transmission of the Information by the Customer or any third party or any disclosure by any means of personally identifiable or confidential information provided by any third parties to the Customer and that the Customer was under an obligation not to disclose or the Customer’s failure to comply with its obligations under this Agreement. Astral Internet Canada shall be entitled to participate in the defense and settlement of any such claim.
11. Survival: The terms of this section will survive any termination of this Agreement. Astral Internet Canada reserves the right to define abuse of the Service which may consist of, but not be limited to, impact on one or more of the following: network usage, database links, database size, email storage including storage duration, email spamming, and CPU usage.

5. Domain Names

1. Conditions relating to the registration and use of domain names: Astral Internet Canada will determine, in its sole discretion, which Authorized Registrar will be used to register the requested domain name. You can identify the registrar used to register your domain with a “WHOIS” search tool available publicly on the internet. The registration and use of domain names are subject to the acceptance of this domain name policy, as well as to the conditions of the registrar available one their respective website.
   • Hexonet
   • Enom Inc.
   • OpenSRS (Tucows Inc.)
2. Availability and Registration: Astral Internet Canada will register for you, domain names who have not already been registered and which are considered available. Astral Internet Canada does not guarantee the accuracy of the results provided by the domain name finder. Once a domain name is considered available, it is possible to reserve it. Payment for the registration of a domain name does not immediately guarantee the registration of this domain name. You will receive a confirmation that the chosen domain name has been registered in your name when your registration has been confirmed by Astral Internet Canada.
3. Renewals: You are solely responsible for renewing your domain names with Astral Internet Canada before their expiration. Astral Internet Canada will email you renewal notices and renewal invoices before your domain’s expiration date and will attempt to renew domains for you after receiving payment (manual or automated). Astral Internet Canada will send you a confirmation email once the domain has been successfully renewed.
4. Expired domain: In most cases, expired domain names can be renewed up to 30 days after their expiration date, at the regular registration fee; however, for various reasons based on the type of domain purchased, Astral Internet Canada cannot guarantee the renewal of an expired domain name. Astral Internet Canada will make every reasonable effort to obtain a domain renewal once payment is received but cannot guarantee positive results.
5. Redemption: Some TLDs that have expired for more than 30 days, sometimes also before, enter a “Redemption Period” during which they cannot be transferred or renewed. The customer can reactivate his domain name in the Buyback Period at a cost of $ 375 CAD, plus registration fees and taxes.
6. Domain Agent Authorization: As of December 1, 2016, if you have a generic domain name (gTLD) registered with Astral Internet Canada, you authorize Astral Internet Canada to act as a domain name agent to authorize changes to the contact information of your domain name in your name. This allows you to benefit from a simplified procedure for changing contact information for any modification made from our Client Portal, while remaining the legitimate owner of your domain name.
7. Refunds: Once registered, transferred, or renewed, domain names are non-refundable. No credit can be granted.
8. Limitation of Liability: Astral Internet Canada is not responsible for losses caused directly or indirectly by errors resulting from the configuration or incorrect use of a domain name, beyond the annual registration or the fees paid for registration, transfer, or renewal.

6. Use of Services: Astral Internet Canada Rights and Obligations

1. Right of Astral Internet Canada to refuse to provide the Service: Astral Internet Canada reserves the right to suspend, terminate or refuse to provide the Service to the Customer immediately, without notice or right to a refund, if it believes that any part of the content of the Customer’s Service, or sites to which the Customer’s website provides access, is deemed illegal, misleading or obscene, or otherwise violates, in the sole opinion of Astral Internet Canada, the Acceptable Use Policy in effect from Astral Internet Canada. Astral Internet Canada does not generally control the content of its Customers’ Services or that of the sites to which they provide access, but it reserves the right (which is not an obligation) to monitor or remove without notice any content or offensive or objectionable link, in its sole discretion or pursuant to a court or regulatory order. Customer will be responsible for all costs incurred by Astral Internet Canada as a result of Customer’s breach of this section.
2. Migration to Dedicated Service: In the event the Customer’s Service degrades the function of the server or causes complaints from other users, the Customer will have outgrown the shared server Service and will need to migrate to Astral Internet Canada dedicated service. Astral Internet Canada reserves the right to terminate the Service upon refusal from the Customer to migrate.
3. Modification Over Time: Astral Internet Canada may modify the Services and the terms and conditions applicable thereto over time, and may establish, modify, or update the Services or Customer’s use thereof with or without notice to Customer. Customer’s continued use of the Service shall be deemed acceptance of any such modifications. Notice, if given, may be provided via astralinternet.com, email, SIM messages or mail at Astral Internet Canada options.
4. Right to Define Abuse: Astral Internet Canada reserves the right to define abuse of the Service which may consist of, but not be limited to, impact on one or more of the following: network usage, database links, database size, email storage including storage duration, email spamming, and CPU usage.
5. Customer Information: Except where compelled by law, Astral Internet Canada shall maintain all non-public information obtained in connection with this Agreement regarding the Customer and its end users in confidence and shall not disclose same to any other entity other than in connection with:
   1. Facilitating the provision of the Service hereunder.
   2. Disclosure as required to Astral Internet Canada affiliates, agents, suppliers, or subcontractors.
   3. The enforcement of this Agreement.

Notwithstanding the foregoing, the Customer shall, for the entire term of the Agreement, assign to Astral Internet Canada a limited user license with regard to its corporate logo, enabling Astral Internet Canada to modify and post such logo on its website, for advertising purposes, under a portfolio-type heading.

6. Termination, Suspension, or Disabling: Astral Internet Canada has additional rights to suspend, terminate or disable accounts as stipulated throughout this Agreement including (but not limited to) late account payment, the provision of false or inaccurate account information or the failure to update and maintain account information, contravention of any laws, regulations, or Astral Internet Canada Acceptable Use Policies, damaging or derogatory script usage.

7. Services, Software and Documentation

Title to the Service, including all related software, hardware and documentation provided by Astral Internet Canada and used by the Customer or its end users hereunder shall at all times remains with Astral Internet Canada and the Customer and its end users hereby acknowledge that they do not acquire any title or property rights in the Service, or the intellectual property related thereto.

8. Internet Protocol Addresses

Astral Internet Canada will assign the Customer an Internet Protocol address, which will remain under the control and ownership of Astral Internet Canada. The Customer will have no right to use the Internet Protocol address except as allowed by Astral Internet Canada and Astral Internet Canada reserves in its sole discretion the right to change or remove all Internet Protocol numbers and addresses. Note: It is recommended that Customers use their domain name service («DNS») name for scripts and other automated tasks and not the Internet Protocol address as it may change.

9. Warranty

1. Services «As-is»: The Customer acknowledges that Astral Internet Canada does not warrant uninterrupted or error-free Service and that Astral Internet Canada does not warrant the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Service. Astral Internet Canada shall be permitted from time to time to interrupt the Service in order to provide maintenance to the Service.

The warranties provided in this agreement are in lieu of all other warranties and conditions, express, implied, or statutory, including any warranty or merchantability, fitness of a particular purpose, non-infringement or availability or reliability of the service.

10. Indemnification

Customer shall indemnify and hold Astral Internet Canada, its affiliates and their respective directors, officers and employees harmless from and against any and all liabilities, losses, damages, costs and expenses of any kind (including reasonable legal fees and court costs) suffered or incurred by Astral Internet Canada or its affiliates and their respective directors, officers and employees arising as a result of or in connection with any claim alleging that the Customer domain name or website or any part thereof infringes in any manner any intellectual property right of any third party or contains material or information that is obscene, defamatory, libelous, slanderous or violates any individual’s right to publicity, confidentiality, privacy or contains any virus.

11. Refund policy

PLEASE NOTE: Subject to section 3 b). Any prepayment is a commitment regarding the payment period that cannot be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account.

Billing errors can be credited retroactively for a period of up to two (2) months.

12. Limitation on Liability

1. Customer agrees that Astral Internet Canada liability and the customer’s and end users’ exclusive remedy related to the non-performance of the service shall be:
   1. Repair or adjustment of the service.
   2. Where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to the customer for the portion of the services which were non-performing.

For any other claim, Astral Internet Canada liability, if any, to the Customer and end users for damages related to use of the Service for any cause whatsoever and regardless of the form of action, shall be limited to those actually proven as directly attributable to Astral Internet Canada, and shall in no event exceed the total in aggregate monthly charges paid by the customer during the period the said damages were incurred, not to exceed three (3) months. Under no circumstances will Astral Internet Canada, its agents, suppliers, or subcontractors be liable to Customer or third party for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statutes, equity, contract, common law, or any other cause of action or legal theory. Customer agrees, acknowledges, and confirms that the limitations of liability set out in this section are fair and reasonable in the commercial circumstances of this agreement and that Astral Internet Canada would not have entered into this agreement but for Customer’s agreement to limit Astral Internet Canada, its agents’, suppliers’, and subcontractors’ liability in the manner, and to the extent, provided for herein.

2. For greater certainty, Customer agrees that astral shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this agreement or the provision of the service, even if Astral Internet Canada has been advised of the possibility of such loss.
3. Astral Internet Canada assumes no liability arising from
   1. The use of the service furnished by Astral Internet Canada in combination with service, products or equipment provided by Customer or any third parties.
   2. The failure by the Customer to perform its obligations.

13. Additional Provisions

1. Force Majeure: Except for payment obligations, if the performance of this Agreement is interfered with, in whole or in part, by circumstances beyond the reasonable control of either party including, without limitation: fire, explosion, power failure, earthquakes, floods, acts of God, war, revolution, civil commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, or labor unrest such as strikes, slowdowns, picketing or boycotts, then the party affected shall be excused from such performance on a day-by-day basis to the extent that such party’s obligations relate to the performance so interfered with; provided that the party so affected shall use commercially reasonable efforts to expeditiously remove such causes of non-performance.
2. Amendment: Except as otherwise provided, the only party that may amend this Agreement is Astral Internet Canada.
3. Assignment: Astral Internet Canada may assign its right and obligations under this Agreement without your prior written consent. Customer may not assign this Agreement without the prior written consent of Astral Internet Canada. Any attempted assignment by Customer without such prior written consent shall be void.
4. Entire Agreement: This Agreement, together with the Acceptable Use Policy, all policies, practices and documents, referred herein or to which you may be directed, including the Astral Internet Canada Domain Name Registration Terms of Service as applicable, constitute the entire agreement between the Customer and Astral Internet Canada with respect to the subject matter, merging and superseding all prior agreements, understandings and representations on the subject matter. It is expressly agreed that if the Customer issues a purchase order or other document for the Service, such instrument will be deemed to be for the Customer’s internal use only and any provisions contained therein shall not amend or be used in interpreting this Agreement.
5. Endorsement: This Agreement shall be binding upon and enure to the benefit of Astral Internet Canada and the Customer and their respective successors and permitted assigns.
6. Governing Law and Venue: This Agreement shall be governed by and interpreted according to the laws in force in the Province of Quebec if the Customer or its authorized representative (as applicable) is located in Quebec when ordering the Service or of Ontario if the Customer or its authorized representative (as applicable) is located in Ontario or elsewhere when ordering the Service, and the laws of Canada applicable therein, without regard to the conflict of laws provisions thereto. The parties’ consent to the exclusive jurisdiction of the courts of, and venue and situs in Montreal, Quebec or Toronto, Ontario according to the applicable governing law.
7. Interpretation: This Agreement, the headings are for convenience of reference only and shall not affect its construction or interpretation.
8. Precedence: In the event of a conflict between this Agreement and any Annex appended hereto the terms of this Agreement shall prevail.
9. No Waiver: No waiver of any term or provision or of any breach or default shall be valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any other terms or provision of any subsequent breach or default of the same or similar nature.
10. Notice: All notices provided for shall be given in writing and transmitted by personal delivery, electronic mail, or fax, to the address set forth when the Customer registers, upon which it shall be deemed delivered upon receipt to the party mentioned in the address
11. Severability: The invalidity, illegality, or unenforceability of any one or more provisions of this Agreement shall not affect or impair any other provisions of this Agreement.
12. Language: This Agreement has been translated English at the request of the parties. The French version of this Agreement shall prevail over the English translation.

ANNEX A – Astral Internet Canada Acceptable Use Policy

Astral Internet Canada (“Your Service Provider”) s committed to being a responsible network citizen. To assist Your Service Provider in protecting the usefulness and enjoyment of the Internet, you agree to abide by the terms of this Acceptable Use Policy (the “AUP”). Any violation of this AUP will constitute a violation of the terms of your Service Agreement and may result in the termination of such Service Agreement and/or suspension of your Service thereunder.

If you have any questions about this AUP, do not hesitate to contact Your Service Provider via email at abuse@astralinternet.com for the purposes of this AUP, “Internet host” means any computer or electronic device connected to the Internet. Terms not otherwise defined in this AUP will have the meanings set out in the Service Agreement

1. General

1. Your Service is solely for commercial use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of an Internet service provider’s business.
2. Harassing or abusive language or actions, whether verbal, written or otherwise, of Your Service Provider’s employees, suppliers, agents, and representatives is strictly prohibited and will not be tolerated.
3. You are prohibited from using the Service for activities that include, but are not limited to:
   1. Transmitting unsolicited messages which, in the sole judgment of Your Service Provider, cause significant disruption or elicit complaints from other Internet users.
   2. Restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service, or creating an unusually large burden on our networks or otherwise generating levels of Internet traffic impeding other users’ ability to transmit or receive information.
   3. Posting, transmitting, or otherwise distributing information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise using the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet.
   4. Posting or transmitting messages constituting « spam », which includes but is not limited to unsolicited email messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of email or news group servers.
   5. Reselling bandwidth or any other part of the Service, including without limitation IP addresses, provided by Your Service Provider.
   6. Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others.
   7. Impersonating other Business Internet subscribers or other Internet service providers’ subscribers in any way.
   8. Uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, or otherwise reproducing, distributing, or providing access to information, software, files or other material which
      1. is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s).
      2. Are defamatory, obscene, child pornography or hate literature.
      3. Constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing.
   9. Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file.
   10. Transmitting, posting, publishing, disseminating, receiving, retrieving, storing, or otherwise reproducing, distributing, or providing access to any files, program or information designed to assist users in defeating copy protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
   11. Transmitting, posting, receiving, retrieving, storing, or otherwise reproducing, distributing, or providing access to any program or information designed to assist in the fraudulent use of telecommunications services.
   12. Using an Internet host’s resources in a manner which is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid-style schemes of any sort.
   13. Posting or transmitting any information or software which contains a virus, « cancelbot », « trojan horse », « worm » or other harmful or disruptive components.
   14. Transmitting, posting, receiving, retrieving, storing, or otherwise reproducing, distributing, or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability.
   15. Violating or breaching any applicable laws and/or regulations.

2. Electronic Mail

1. The Business Internet Mail service, as further described in your Service Agreement, is for your business use. You may not sublicense, distribute, transfer, or sell the Business Internet Mail service or any portion thereof.
2. You agree to use the Business Internet Mail service only to send and receive messages and material that are proper. In addition to the general terms set out above, and by way of example, and not as a limitation, you agree that when using the Business Internet Mail service, you will not:
   1. Create a false identity for the purpose of misleading others or forge the headers of your email messages in any way.
   2. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof.
   3. Promote or facilitate the transmission of unsolicited email messages.
   4. Attach an excessively long signature to your messages.
   5. Send messages to disrupt or cause difficulties in receiving other email.
3. In the event that you maintain one or more bulk «opt-in» email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by Your Service Provider. At the discretion of Your Service Provider, if no such evidence is available, such bulk emailing may be considered as unsolicited.
4. Your Service Provider reserves the right, in its sole discretion, to set an upper limit on the number of recipients of customer-initiated email, the number of subscribers on a customer’s bulk «opt-in» email lists, and the number of messages a customer may send or receive through the Business Internet Mail service.
5. Neither Your Service Provider nor any of its suppliers have any obligation to monitor the Business Internet Mail service. However, Your Service Provider and its suppliers reserve the right to review materials sent through such service, and to remove any materials in their sole discretion. Your Service Provider, in its sole discretion, may terminate your access to the Business Internet Mail service at any time, without notice.
6. Your Service Provider and its suppliers reserve the right at all times to disclose any information as they, in their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
7. Your Service Provider and its suppliers further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.

3. Adult Content

Adult content is not tolerated on our shared web hosting. Legal adult content is accepted on dedicated or virtual servers.

4. Website Hosting

1. Web hosting plans are designed to host most personal websites, small businesses, and organizations. That’s why we offer unlimited use of bandwidth, and some plans offer unlimited use of disk space and websites. This means that we do not set any limits on how much bandwidth, websites, or disk space you may use to operate your website, provided that your website complies with the terms of this Agreement.
2. Some of our hosting plans allow for more than one site with additional domains, all the sites must be owned by the same hosting plan owner and cannot be used for resale or site development.
3. The hosting cannot be used as a platform for broadcasting and/or distributing video or music.
4. A folder cannot contain more than 5000 files.
5. If the use of bandwidth or your website’s disk space poses a risk to the stability, performance or availability of our servers, data storage, network, or any other infrastructure, you may need to switch to a VPS or a dedicated server. Otherwise, we may take steps to restrict the resources used by your website.
6. The space in hosting plans cannot be used to host staging site versions or to keep old copies of a site.
7. Large file and backup
   1. The space used for hosting must be linked to the display and usage of your website.
   2. In any case, the hosting cannot be used for the storage of files, backups, emails, or any other types of files which are not needed for the proper function of the website.
   3. Files larger than one 1 GB are not allowed.
   4. Any file or backup that does not comply with these rules may be deleted from the server without any notice.
   5. Site backup cannot remain on the server for more than 24 hours.
   6. Backups must be made outside of peak hours, between 8 p.m. and 7 a.m.
8. Plans allowing multiple use of domain names: The use of multiple domain names within a hosting package cannot be used for resale purposes and each domain must belong to the same owner. Multiple use of domain names is reserves for normal personal or small business use. A reseller plan or a private or dedicated virtual server must be used in order to resell hosting.
9. Storage and Plan Limits: All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 250,000 files and folders per account for Windows® hosting accounts.
   1. All files in the hosting account must be accessible online by visitors.
   2. Storage of documents, backups, or personal files is not allowed.
   3. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables, or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion.
   4. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.
10. Resources allocated: To guarantee the reliability of our services, shared hosting accounts cannot use more resources than what would be required by a regular website during regular activities. An account cannot use more than 5% of the total resources of the server for a period of more than 120 seconds. This includes processor cycles, memory usage, hard drive, and bandwidth. Accounts that exceed the permitted use of resources may be terminated without notice to prevent serious degradation of the service. Often, this type of problem can be resolved by repairing a faulty script, disabling an application that uses a lot of resources, or by banning malicious IP addresses from your account. Customers who routinely use excessive resources will be taken offline for a few moments and may be forced to transfer their account to a dedicated or private server, on which resource usage limits are not enforced.
11. Cron jobs: Cron jobs cannot be scheduled to roll more than once every 10 minutes. Two or more Cron tasks cannot be performed at the same time; a minimum of 5 minutes must elapse between two runs. You cannot schedule more than 5 Cron jobs on a hosting account.

5. Virtual server and dedicated server

For readability purposes, virtual servers and dedicated servers will be referred to as “Server”.

1. A Server cannot be used as a VPN/RPV (Virtual Private Network).
2. A Server cannot be used for “.torrent” file sharing or any other type of file sharing known as P2P (Peer-to-peer).
3. The Server may not be used as a server or relay for an IRC network.
4. Astral Internet Canada reserves the right to disconnect a Server from the Internet if its resources could affect the security and stability of the network and infrastructure.

6. Newsgroups / Discussion Forums

1. In addition to the general terms set out above, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
   1. Newsgroup and forum postings must comply with each newsgroup’s or discussion forum’s respective charter or FAQ.
   2. Attaching an excessively long signature to your messages.
   3. Forging the headers of your postings in any way.

7. Internet Relay Chat (“IRC”) /Chat

1. In addition to the general terms set out above, while using “IRC” or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
2. Additionally, while using an IRC Server or any other chat service, you must be in full compliance with the rules and regulations set out by the server administrator.

8. Software and Script

1. All software or scripts installed in your hosting account must be free of viruses, malware, or vulnerabilities. Any software or script that contains known vulnerabilities on the Internet are strictly prohibited on our servers. Security updates for all software or scripts that you install are your responsibility and must be installed within a reasonable time. Astral Internet Canada notifies its customers of shared hosting when updates are available and provide you with the ability to use automated tools that can handle updates automatically. However, it is your responsibility to ensure that any software or script in your hosting account is current and free of vulnerabilities.
2. Due to the popularity of software such as WordPress, Joomla, Presta Shop and others as well as their plug-ins, add-ons and modules, increased security vigilance must be observed to ensure that security updates are regularly applied. Theses software and script are particularly vulnerable.
3. Astral Internet Canada reserves the right to suspend a hosting account or remove, disable, update, or modify any script or software deemed vulnerable at any time, without notice, to protect the integrity of its servers.

9. Network / Security

1. In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:
   1. Analyzing or penetrating an Internet host’s security mechanisms.
   2. Forging any part of the TCP/IP packet headers in any way.
   3. Committing any act which may compromise the security of your Internet host in any way.
2. As further set out in your Service Agreement, you are solely responsible for the security of your system and account. Your Service Provider will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP.
3. In the event that numerous complaints are received by our staff in regards to any breaches of this AUP, at the discretion of Your Service Provider, a processing fee per complaint received, in addition to an administration fee, may be applied to your account.