Comprehensive Policy Statement

This Comprehensive Policy Statement outlines the terms and conditions associated with Availanet Solutions.

If you have any questions about this policy document, please feel free to contact us by email:

service@availanet.com

or by letter:

Availanet Solutions
2054 Southview Ave
Kelowna, BC, Canada
V1V 1T6

Terms of Service

Preamble

“Availanet” includes Availanet Solutions, 2FreeGigs, principles, owners, officers, agents, and employees of any such organizations collectively or individually as the interpretation may apply most broadly in the context of any paragraph.

“You”, “your”, “yours”, generally means the organization agreeing to these terms of service and all principles, owners, employees, and contractors thereof.

“Terminate”, “termination” indicates that Availanet has elected to cease providing an individual service to you.

“Cancel”, “cancellation” indicates that you have requested to cease receiving a particular service from Availanet.

Paragraph headings have been added for ease of navigation and are not intended to be used as a part of the interpretation of this document. You agree to the following service terms and conditions:

OCCUPANCY Availanet provides various multitenant services to Internet customers. You agree and understand that your services are tenants on one or more multitenant environments and, as such, have certain inherent risks and exposures including, for the sake of example without limiting the generality of the foregoing, the risk that service performance may, from time to time, be impacted by another customer acting outside the boundaries of these terms.

SERVICE. All Availanet services are delivered over the Internet. The use of any data or material, which Client receives from the service provided by Availanet,is at Clients sole and absolute risk.

USE OF SERVICE. Use of Availanet services have certain restrictions that are outlined on your invoice at the time of purchase.

SUITABILITY FOR RESALE. With the exception of VPS services, Availanet expressly prohibits reselling any of our services and will terminate any services found to be used contrary to this paragraph. VPS Services may be re-sold only with prior consent of Availanet through our ticketting system.

WARRANTY. Availanet will utilize its best efforts to maintain acceptable performance of the contracted services, but makes absolutely no warranties, express or implied. Availanet cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.

LIABILITY. Availanet will not be liable for the inadvertent disclosure of, corruption or erasure of, data transmitted, received or stored on its system. Availanet shall not be liable to the Client or any of its customers for any claims or damages which may be suffered by the Client or its customers, including but not limited to losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, ability to transmit or receive information, caused by or resulting from, delays, non deliveries or service interruptions, whether or not caused by the fault or negligence of Availanet.

INDEMNIFICATION. The Client agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees against Availanet, its agents, customers, servants, officers and employees that may arise or result from any services provided, performed, agreed to be performed or any product sold by the Client.

INVOICING AND SERVICE FEES. You shall be invoiced one month in advance. All services have a subscription period of one month and shall, unless cancelled or terminated, automatically renew at which time your service fee is due. Unpaid services will be terminated by Availanet.

UNMETERED BANDWITH VPS. Any VPS which has been purchased with unmetered bandwidth will be rate limited according to the options you selected at the time of purchase. This means that there will be no cap on data transfer in a month beyond what the maximum throughput of your rate limited service will deliver.

METERED TRANSFER VPS. Any VPS which has been purchased with metered bandwidth will have all inbound and outbound traffic monitoried at the hostnode. Each metered transfer VPS will have a maximum bandwidth of 100mbps. The metering process compares your monthly tranfer entitlement to your actual monthly usage. In the event your VPS consumes more transfer than your entitlement during a billing period, the network port on your VPS shall be disconnected until the beginning of your next billing period. Your VPS will remain powered on and you will be able to access it via the console feature of your proxmox control panel but network will be unavailable. Should you wish to re-open your network port, additional blocks of 50MB can be purchased from the customer service portal. Please note that entitlements are monthly. Unused transfer does not roll over to future months.

MODIFICATIONS. Availanet reserves the right to make changes to any of the above terms and conditions of this Agreement . The most current version will be posted at http://billing.availanet.com/tos.html. It is your responsibility to ensure that you are complying with these Terms of Service.

ENTIRE AGREEMENT AND SEVERABILITY. This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument shall remain in full force and effect.

RESTRICTIVE USE: The Client may only use Availanet's services for lawful purposes. In the event that at any given time, Availanet believes the service is being used by the Client in contravention with any of the terms and provisions contained in this Agreement, Availanet has the right to immediately terminate such service to the Client without liability, refund or compensation of any type. The following are restrictive and prohibited uses, and shall be cause for the immediate termination of services to the Client without prior notification and without entitlement to any refund or compensation of any type : a) Unauthorized distribution, sharing or copying of copyrighted software (including audio MP3s, films and movies, DSS software, codes, loaders and unloopers, Bit Torrent, etc.) and violation of any Canadian or US export restrictions or laws. b) Unsolicited advertising email, using a non-existing email address on a commercial solicitation, spamming, trolling, mailbombing, subscribing someone else to a mailing list without that person’s permission or cross-posting articles to an excessive number of newsgroups. c) Tortuous conduct such as posting of defamatory, libelous, scandalous or private information about a person without their consent, intentionally inflicting emotional distress, harassment, slander, violation of trademarks, copyrights or other intellectual property rights and fraud.

CANCELLATION POLICY: Cancellation of a service from Availanet means that you are requesting to stop the automatic renewal of your service term. Once you have submitted your cancellation request through the customer portal you have three options: 1) cancel the cancellation notice at which time Availanet will re-instate your automatic subscription, 2) continue to use your service for the remainder of your subscription period (balance of the month remaining), 3) discontinue using your service (please note in your cancellation request if you would like any of your services powered off). Cancellation of service does not absolve you of your obligation to continue to honor these terms of service and does not prevent Availanet from terminating a service or account should such a need arise.

YOUR PRIVACY: Availanet requires some information to maintain a business relationship with you and provide service. Beyond providing the services you subscribed to, Availanet will not sell, lend, reveal, or otherwise subject any information that you provide to scrutiny by a third party. Availanet uses a number of available tools to confirm the authenticity of orders. Each of these tools has security measures in place to ensure your information is not disclosed to third parties. Specifically, FraudRecord requires that we provide notification that we are using them as a security check. New accounts may be checked against their database; however, your personal information is not transmitted due to their unique method of only transmitting hashed data inside secure sockets.

SPECIAL NOTES REGARDING PAYMENT VIA BITCOIN This section supercedes portions of the refund policy below. Effective January 1, 2015, for all customers paying via bitcoin, the only remedy available for customers who would normally qualify for a refund under provisions below will be service credits equal to the amount of the refund.

REFUND POLICY: We collect money in exchange for the services that we deliver. Should Availanet fail to deliver a service to you that we have agreed on, we don't want your money. It's as simple as that. Your service will be delivered within 72 hours of payment for your request. If your service is not delivered in that timeframe you will have the option to cancel your request (at which time whatever fees you paid upfront will be returned to you) or you may choose to have a credit applied to your account in a prorated amount for the portion of the monthly billing cycle that you will not be able to use your service. Should any of Availanet's services fail to meet the definitions outlined on the order pages or on any of our product-specific pages (as applicable by the service you selected), you shall be entitled to a 100% refund in the same method as you used to pay (i.e. if you used Paypal to pay your initial bill, you will be refunded via Paypal). Under no circumstances shall the amount of a refund exceed the amount paid to Availanet for one month's service.