Terms of Service
You must accept these terms of service in order to use our service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all of our customers. Read these terms of service carefully and return here frequently.
Suspension
Violation of these terms of service could result in suspension or termination of service depending upon the circumstances. Suspension means that your server is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Servers found to be running any script or process which is used for illegal/malicious activity or to send spam will almost always be suspended without notice to prevent further damage. Vulnerable software must be patched or removed, and steps taken to ensure the server has been secured in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate server suspension and investigation without notice. We reserve the right to suspend any or all servers held by you without notice if we deem it necessary to do so. Repeat or serious offenses may result in termination, where all data on the server may be removed so that the server can be reprovisioned. On our part, we guarantee that we will always follow due diligence unless otherwise obligated by our providers or the appropriate authorities.
Payment
All payments are expected to be paid on-time without exception unless previous arrangements have been made, and agreed upon by all parties. Customers will be given a minimum of 3 days notice before any payment is due, with the exception of monthly recurring charges, where the due date will be the beginning of the service period. Failure to make payments on-time will result in suspension or termination.
Cancellation
Notice of cancellation must be provided in writing by one of the administrative contacts listed on your account in the form of an e-mail to our sales or support e-mail addresses, a minimum of 1 full business day before the end of the current service period. Once we have received your notice of cancellation, we will confirm by e-mail and inform you of any outstanding charges on the account. If you do not receive a confirmation e-mail within 1 hour, please contact us immediately by telephone to one of the numbers listed on our website.
Service Level Agreement
Astute Hosting Incorporated has a 100% network uptime guarantee. For every hour of downtime, you will be refunded one day's worth of service, up to a maximum of half your monthly fee. Refunds for hardware downtime may be given at the discretion of management for servers with redundant RAID hard drive configurations only.
Refund Policy
Refunds will only be given under limited circumstances, solely at the discretion of management unless stated explicitly by us in written or published form.
Acceptable Use Policy
Customers are responsible for ensuring all use of our services are compliant with laws and regulations of the country of Canada, as well as all other applicable jurisdictions. Failure to comply may result in suspension until appropriate measures have been taken to ensure compliance. Repeat offenders may have their services terminated with no refund of payment. Spamming, denial of service attacks, and attempts to compromise other hosts on the Internet are strictly prohibited.
Denial of Service Attacks
In the event that your server is under attack, we reserve the right to take action to prevent any degradation of performance to our other customers, including but not limited to the use of null routes. DDoS mitigation services on a hardened part of our network are available on request for extra charge, subject to the conditions of your service agreement.
Astute Hosting, Inc Privacy Policy (Canada)
What information do we collect?
Astute Hosting collects information from you when you register for our services through our ordering page, or when such information is submitted in e-mail communication. This will include company, contact, technical, and billing information.
What do we use your information for?
This information is used to communicate with customers about the services currently being provided, services that may potentially interest customers, and for the collection of payments.
How do we protect your information?
We implement a variety of security measures to maintain the safety of our customers' information including but not limited to security policy implemented by encrypting communication, security policy enforced by firewalls, authentication required for access, and encryption of sensitive data.
Do we disclose any information to outside parties?
Astute Hosting does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our websites, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information by court order when required by law enforcement agencies, to protect ours or others' rights, property, or safety.
Astute Hosting utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of confirmed legal violations or fraudulent chargebacks, you may also be reported to FraudRecord..
Changes to our privacy policy
Any changes to our privacy policy will be posted on this page.
This policy was last modified on 2012-07-07
Astute Hosting USA Incorporated – Privacy Policy (USA)
Introduction
Astute Hosting USA Inc. and its affiliated legal entities (“Astute Hosting USA Inc.”) provide to its business customers a suite of information technology services (data transport, colocation, and dedicated hosting), with data centres as well as points-of-presence in North America.
At Astute Hosting USA Inc., we understand the importance of protecting your privacy. For this reason, we have business procedures and security safeguards in place to protect your personal information and any data you process using our services; we put privacy at the heart of how we operate.
Astute Hosting USA Inc. is committed to providing transparency to its customers with respect to its practices in handling their personal information and data. This Privacy Policy sets out the standards, responsibilities and obligations of Astute Hosting USA Inc. in respect of any personal information provided to Astute Hosting USA Inc.. It is intended to establish responsible and transparent practices for the management of personal information and to satisfy the requirements of rules established by applicable privacy laws and standards in the jurisdictions in which we operate.
Application and Scope
This Privacy Policy applies to any personal information (as defined below in the section entitled “Definition of Personal Information”) collected or generated by Astute Hosting USA Inc.. Individuals, about whom personal information is collected by Astute Hosting USA Inc., are protected by the rights and safeguards contained in this Privacy Policy.
As Astute Hosting USA Inc. provides products and services to commercial customers, it only receives and processes limited amounts of personal information. When our customers use Astute Hosting USA Inc.’s information technology services, this may involve our customers processing personal information for which they are the data controller. Neither we nor our affiliates determine the types of personal information our customers store on our servers, or which is otherwise processed in connection with the services we provide. Our customers are responsible for compliance with any relevant data protection laws. All decisions on the processing of the personal information are made entirely at the discretion of the customer, and Astute Hosting USA Inc. defines its obligations in relation to such personal information in its agreements with its customers. The personal information that our customers process using our services is not within the scope of this Privacy Policy (this information would be subject to these customers’ privacy policies), although we are committed to protecting this information through the security systems and controls we have put in place.
Definition of Personal Information
For the purposes of this policy, when we refer to personal information, we usually mean any information about an identifiable individual. Depending on the jurisdiction in which we operate, this may include, for example, email addresses you have provided, contact details you have given in connection with an account with us, or such other information you have given us to receive information about or use our services. Personal information that is aggregated and cannot be associated with an identifiable individual is not considered to be your personal information.
Collection and Use of Personal Information
We collect most of our information about you directly from you, with your consent for the purposes outlined below. We may also obtain personal information about you from third parties, with your consent. For example, for credit evaluation purposes, we may need to determine your creditworthiness through contact with an independent credit-reporting agency.
Astute Hosting USA Inc. will not collect or use personal information for any other or new purpose without obtaining consent, unless required or authorized by law.
Astute Hosting USA Inc. generally collects personal information for the following purposes:
Contact information: We collect personal information to establish, develop and preserve our business relationships with customers and other individuals with whom we deal with. We will usually collect your name, address, phone number(s) and email address, as well as other account and payment information, including information pertaining to your use of our products and services when you register for our services in order to create, establish and administer your account, to provide services, and to respond to inquiries. We will also use personal information to establish or verify the eligibility and credit of persons that use, or intend to use, one or more of the products or services offered by Astute Hosting USA Inc..
Security and accuracy: We use personal information to authenticate the identity of our customers,, to preserve the privacy of our customers contacting Astute Hosting USA Inc. by telephone, electronic means or otherwise and to ensure our records are accurate in order to protect customers and Astute Hosting USA Inc. from error and fraud.
Management and quality: We collect personal information for internal training and quality assurance purposes, and to manage our businesses and ensure the efficiency, reliability and security of our systems and networks.
Customer Service: From time to time we may also use personal information to conduct surveys on the quality of our products, services or customer service, to provide our customers with offers for additional products and services that we feel may be of interest to our customers or to provide personalized products and services as well as product recommendations and to understand and assess the interests, wants and changing needs of customers with a view to improving our products and services and developing new ones.
Human Resources: If you have applied for employment with Astute Hosting USA Inc., the personal information submitted with your job application will be used for recruitment and other customary human resources purposes. For example, we may send you information about new job opportunities within Astute Hosting USA Inc. as well as other career development resources.
Your Consent
Astute Hosting USA Inc. obtains consent from the individuals concerned for the collection, use or disclosure of personal information through various means: orally or through written documents, including agreements, forms or other printed or electronic communications. In general, by purchasing our services you are providing your consent to the collection, use and disclosure of personal information as set out in this Privacy Policy.
In certain circumstances, personal information may be collected, used or disclosed without consent. These exceptional circumstances may include:
where it is clearly in the interest of the individual and consent cannot be obtained in a timely way, such as in emergencies, where the life, health or safety of the individual is threatened, or where legal, medical or security reasons make it impossible or impractical to obtain consent;
when information is being collected, used or shared for the detection, prevention of or remediation to, the breach of an agreement, fraud or other illegal activity, and the collection of consent might defeat the purpose of collecting the information;
to collect a debt; and
to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law or by any regulatory bodies having jurisdiction
Withdrawing your consent
Your consent to us collecting and using your personal information may be withdrawn at any time on reasonable notice and subject to any legal or contractual restrictions. Without such consent, Astute Hosting USA Inc. may limit the services or products it provides you. You may also withdraw your consent as follows:
Email. You can always limit the communications that Astute Hosting USA Inc. sends to you. To opt-out of commercial emails, simply click the link labeled “unsubscribe” or “opt-out” at the bottom of any commercial electronic communication we send you. Please note that even if you opt-out of promotional communications, we may still need to contact you with important information about your account. If you have any questions about your choices or if you need any assistance with opting-out, please refer to our Anti-Spam Commitment.
Postal marketing, Telephone marketing and Quality control communications. You may decide that you prefer Astute Hosting USA Inc. not to use your personal information to promote new and/or additional products and services which may be of interest to you and refuse that we contact you by mail or telephone for marketing or quality control purposes. If this is the case, you may advise us by contacting customer service or contacting us using the information detailed in the How to Contact Us section below.
Sharing of Personal Information with Third Parties
Your personal information may be made available by Astute Hosting USA Inc. to third-parties or service providers to fulfill the purposes set out in this Privacy Policy. Astute Hosting USA Inc. will NOT sell, rent or trade your personal information to any third party. Only those employees of Astute Hosting USA Inc. or trusted third party contractors, who need access for business reasons, or whose duties reasonably so require, will be granted access to personal information.
We may hire service providers, including affiliates, to perform services on our behalf, for example the collection of customer accounts, customer credit verification and installation of services. We provide them with the limited amount of information which is necessary in order for them to provide the services required and they are prohibited from using the information for purposes other than to facilitate and carry out the services they have been engaged to provide. Astute Hosting USA Inc. will strive to protect personal information disclosed to third parties by contractual agreements requiring that those third parties adhere to confidentiality and security procedures and protections that are, at a minimum, equivalent to those employed by Astute Hosting USA Inc. itself.
We may disclose personal information to a third party in connection with a sale or transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However, in the event the transaction is completed, your personal information will remain protected by applicable privacy laws. In the event the transaction is not completed, we will require the other party not to use or disclose your personal information in any manner whatsoever and to completely delete such information.
We may also disclose information to our accountants, auditors, agents and lawyers in connection with the enforcement or protection of our legal rights.
Cross-border Transfer of Personal Information
In some cases, personal information that we manage may be transferred, processed and stored outside the jurisdiction in which it was collected, and therefore may be available to government authorities under lawful orders and laws applicable there.
Astute Hosting USA Inc. may receive personal information from its affiliate entities located in the European Union in order to assist those affiliates in providing services and conducting their business operations. Where Astute Hosting USA Inc. receives personal information in this manner, it acts as a processor under data protection laws, and the relevant affiliate located in the European Union is deemed to act as the data controller, in accordance with EU data protection laws. For the avoidance of doubt, this does not include personal information uploaded to our systems by the customers of our affiliates in the European Union in respect of which those customers are considered to be the data controllers.
Disclosure of Personal Information as Permitted or Required by Law
From time to time, Astute Hosting USA Inc. may be compelled to disclose personal information in response to a law, regulation, court order, subpoena, valid demand, search warrant, government investigation or other legally valid request or enquiry. In these circumstances, Astute Hosting USA Inc. will protect the interests of its customers by making reasonable efforts to ensure: that orders or demands comply with the laws under which they were issued, that it discloses only the personal information that is legally required and nothing more. Astute Hosting USA Inc. does not voluntarily comply with requests for personal information from government or law enforcement authorities that do not meet these standards.
We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful or to law enforcement and emergency services providers, in an emergency or where required or permitted by law. We may release certain personal information when we have reasonable grounds to believe that such release is reasonably necessary to protect the rights, property and safety of others and ourselves, in accordance with or as authorized by law.
Security of Personal Information
We will use reasonable security measures to protect your personal information against unauthorized access. Astute Hosting USA Inc. has implemented security measures that contain administrative, technical and physical controls that are designed to safeguard your personal information.
Retention
Personal information will be retained only as long as necessary for the fulfilment of the purposes for which it was collected and for which consent was received, unless otherwise required by law. Personal information that is no longer required to fulfil the identified purposes will be destroyed, erased or made anonymous. Astute Hosting USA Inc. has developed and implemented detailed retention principles, and will ensure destruction of personal information in a method that prevents improper access.
Access and Correction
Astute Hosting USA Inc. respects your right to access and correct your personal information. Additionally, Astute Hosting USA Inc. complies with all laws regarding access and correction. If you need assistance updating your personal information, please contact us using the contact information detailed in the How to Contact Us section below.
Notice to the Data Subjects of Our Customers
If you have provided personal information to our customers, or to customers of Astute Hosting USA Inc. affiliates, who are using Astute Hosting USA Inc.’s information technology services to store or otherwise process your personal information, all such personal information on our systems is provided and controlled by our customers who are the data controllers under applicable data protection law. Astute Hosting USA Inc. will not process that personal information except as provided for in the agreement between us (or our affiliate) and the customer. The customers remain responsible for the personal information they collect and process, and are not discharged of their obligations to comply with applicable data protection laws.
Astute Hosting USA Inc. has no direct relationship with the individuals whose personal information is processed by our customers. If your personal information is on our systems as a result of you having provided it to one of our customers and would no longer like to be contacted by that customer, or you wish to exercise any other data protection rights, please contact that customer directly.
If you would like more information on how your personal information will be processed and protected, as well as your rights in relation to that personal information, please refer to the privacy policy of the customer to which you provided your personal information. If you ask us to delete your personal information, we will tell our customer about this request.
How to Contact Us
If you have questions, concerns or complaints regarding this Privacy Policy or the personal information that Astute Hosting USA Inc. has about you, please contact:
Silvia Cojocaru, Privacy Officer Astute Hosting USA Inc.
626 – 470 Granville St.
Vancouver, BC V6C 1V5
(604) 637-7939
silvia@astuteinternet.com
Change of Privacy Policy
Astute Hosting USA Inc. will review and update its policies and procedures as required to keep current with rules and regulations, new technologies, standards and customer concerns. Our Privacy Policy may therefore change from time to time. We will post any privacy policy changes on our website and, if the changes are significant, we will provide a more prominent notice.
This policy was last modified on 2018-06-04
Limitation of Liability
You expressly understand and agree that Astute Hosting Incorporated is not to be held responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Astute Hosting Incorporated has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
You expressly understand and agree that Astute Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to errors in automatic credit card debits performed by our 3rd party billing services Psigate, or PayPal.
The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will Astute Hosting be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers.
Communications to Asute Hosting Incorporated via this web site shall in no way be deemed to constitute legal or official notice to Astute Hosting Incorporated, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against Astute Hosting Incorporated or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to Astute Hosting via this web site be deemed to constitute legal or official notice for any other purpose.