When Using our services (the “Service” or “Services”), our servers or network (“Network”) and any products or content you must comply with all applicable laws, and our policies, rules and limits including this Acceptable Use Policy (“AUP”). This Acceptable use policy complement and is incorporated to Budget Servers Terms of Service (“TOS”) which accompanies the AUP. You are responsible for any misuse of the Services, by you or by any other person with access to the Services through your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means.

The AUP is designed to protect Budget Servers, its employees, customers and other persons from harm or damages caused by the misuse of Budget Servers network (the “Network”) and its data. The term “misuse” shall include both the deliberate and inadvertent violations of the present AUP. The AUP also aims to give customers and users a clear understanding of what Budget Servers expects from them while using the Network and Services. The present Acceptable use policy as well as the TOS apply to any person or entity accessing the Network, whether or not they are customers of Budget Servers (“Customers”).

If you do not agree to be bound by the TOS and the Acceptable use policy, as amended from time to time, you should immediately stop using the Services and notify Budget Servers that you are terminating the Services.

PROHIBITED USE

Without limitation, you may not use or allow anyone else to use our Services to:

participate in any illegal activity, or support illegal activities. We reserve the right to cooperate with legal authorities in the investigation of any suspected crime or civil wrongdoing, in the manner set forth in the TOS.

use, possess, post, transmit, disseminate or otherwise make available any material (by e-mail, uploading, posting or otherwise) that is unlawful or that threatens, sollicit or encourages bodily harm or destruction of property;

use, possess, post, transmit, disseminate or otherwise make available any material (by e-mail, uploading, posting or otherwise) to harass any person;

invade another person’s privacy, collect or store personal data about other users, or stalk another person or entity;

participate in any fraudulent activities, including but not limited to making fraudulent offers to sell or buy products, items, or services, to advance any type of financial scams, to impersonate any person or entity or forging anyone else’s digital or manual signature;

add, remove or modify identifying network header information in an attempt to deceive or mislead;

restrict, inhibit or interfere with the ability of any person to access, use or enjoy, the Internet or our Network and Services or create an unusually large burden on the Network, including but not limited to, denial of service (“DOS”) attacks against another network host or individual user, posting, transmitting, uploading or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing mass or unsolicited e-mail or other messages or otherwise impede another person’s use or ability to send or receive e-mails or information. Although this conduct is prohibited, it is the user’s responsibility to ensure that their network is configured in a secure manner.

forge any message header, in part or whole, of any electronic transmission, originating or passing through the Network;

access, or to attempt to access, the accounts of other Customers, or to penetrate, or attempt to penetrate, security measures of Budget Servers or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. The offending account is subject to immediate termination;

compromise the security or tamper with system resources or accounts on computers at Budget Servers premises or at any third party site;

access or use data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

monitor data or traffic on any network or system without express authorization of the owner of the system or network;

attempt to overload a system and broadcast attacks;

forge of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, in order to disguise the origin of any content transmitted through the Network;

access any computer, software, data or any confidential copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as “packet sniffers”;

upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual rights, such as non-disclosure agreement, without obtaining permission of the copyright owner or rightholder;

copy, distribute, sub-license or otherwise make available any software or content we provide or make available to you or which you obtain through the Services, except as authorized in writing by Budget Servers.

UNSOLICITED COMMUNICATIONS

As mentioned hereinabove, the Services may not be used to send unsolicited, bulk or commercial message or for any other unsolicited communications. Furthermore, you must not use the Services to send messages that disrupt another Internet user’s equipment, software, hardware or user display and you must not forge, alter or obscure your identity (other than a nickname) while using the Services.

TERMS OF USE

Budget Servers does not allow IRC related services;

Budget Servers users may not utilize more than their allocated system resources.

You must comply with the then current bandwidth, data storage and other limitations on your applicable Services.

You must ensure that your activity does not improperly restrict, inhibit, or degrade any other user or Customer’s use of the Service, nor represent, in Budget Servers sole and absolute discretion, an unusually large burden on the Network.

You must not use the Services in a way that restricts, inhibits, disrupts or impede Budget Servers ability to deliver the Services.

Your use of the Services may be subject to a usage limit, as set out in your agreement with Budget Servers. You may be subject to additional usage charges should you exceed that limit. It is prohibited to excessively consume resources, including CPU time and memory. You may not use resource-intensive programs, which negatively impact other Customers.

Budget Servers reserves its right to investigate any virtual machine found to be using excessive machine resources.

The storage space provided by Budget Servers to some Customers as provided by their specific Service agreement shall not be used for storing pirate media in any shape or form.

MAINTENANCE AND MANAGEMENT OF THE NETWORK

Budget Servers reserves the right to do maintenance and manage the Network to optimize its efficiency and remove any security threats or material in violation of the Acceptable use policy and TOS. Such operations include, without limitation, rejection or removal of SPAM or unsolicited bulk e-mail, filtering, use of anti-virus programs, etc. Budget Servers may take any actions it deems advisable, in its sole an absolute discretion, to ensure the integrity of the Network.

PROHIBITED CONTENT

Budget Servers reserves the right to remove or refuse to post any content, in whole or in part, that, in its sole discretion, determines to be unacceptable or in violation of the Terms of service or Acceptable use policy. Such unacceptable content includes, without limitation:

obscene, profane content;

defamatory, fraudulent or deceptive statements;

threatening, intimidating, abusive or harassing statements;

content that violates the privacy rights or intellectual property right of others;

content that unlawfully promotes or incited hatred;

any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to a civil liability or otherwise violate any municipal, provincial federal or international law, order or regulation.

HOW TO REPORT A VIOLATION

Budget Servers requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@budgetservers.com.

If available, please provide the following information:

• The IP address used to commit the alleged violation;
• The date and time of the alleged violation, including the time zones or offset from GMT;
• Evidence of the alleged violation;
• E-mail with full header information providing all of the above, as to system log files.

Other situations will require different methods of providing the above information.

Budget Servers may take any one or more of the following actions without limitation and in its sole and absolute discretion, in response to complaints:

• Issue written or verbal warnings
• Suspend the Customer’s account indefinitely
• Terminate the Customer’s account
• Bill the Customer for administrative costs and/or reactivation charges
• Bring a legal action to enjoin violations and/or to collect damages, if any, caused by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

We reserve the right to revise, amend, or modify this AUP, TOS and our any other of our policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS.

VIOLATION OF THIS ACCEPTABLE USE POLICY

Although Budget Servers has the right to monitor or investigate any content that is transmitted using its Network and to access or preserve content or information, under no circumstances shall Budget Servers be considered to have the obligation to act as such. Budget Servers prioritizes the consensual resolution of inappropriate or unacceptable conduct by Customers however, if the Services or the Network are used in a way that Budget Servers, in its sole discretion, believes violates this AUP, Budget Servers may take any actions it deems advisable and appropriate. These actions include, without limitation, temporary or permanent removal of content, filtering of Internet transmissions and/or termination of all or part of the Services on your account, the whole without prior notice. Budget Servers will have no liability for any such responsive actions. The above-mentioned responsive actions are not exclusive remedies and Budget Servers reserves the right to take any legal or technical action deemed advisable and appropriate. Budget Servers failure to enforce the Acceptable use policy, for whatever reason, shall not be construed as a waiver of its right to do so at any time.

GOVERNING LAW

This AUP shall be governed and construed under the laws of the province of Quebec.

SEVERABILITY

If any term or other provision of this Acceptable use policy is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this AUP shall nevertheless remain in full force and effect and shall be construed consistent with the laws of the province of Quebec.