Acceptable Use Policy
Wilkins IT Solutions Inc. Acceptable Use Policy described below defines the actions which Wilkins IT Solutions Inc. considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP’s) and their users on behalf of Wilkins IT Solutions Inc. to advertise any service hosted by Wilkins IT Solutions Inc. or connected via the Wilkins IT Solutions Inc. Network. For abbreviation purposes, Wilkins IT Solutions Inc. will be referred to as Wilkins IT and companies or individual account owners using our services as Clients.
Wilkins IT Solutions Inc. Acceptable Use Policy (“AUP”)
1 Under this Agreement; Client shall comply with Wilkins IT’s current Acceptable Use Policy, as amended, modified or updated from time to time by Wilkins IT.
1.1 Client hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated into this agreement by reference.
1.2 In the event of any inconsistencies between this Agreement and the AUP, the terms of this Wilkins IT website AUP shall govern.
1.3 Client content includes the content of Client’s own customers or clients (hereafter referred to as customer) and/or the users of Client’s website.
1.4 Additionally, under this Agreement, Client will be solely responsible for Client’s customers content and activities on Client’s website.
1.5 In the event of a notice of possible violation of the AUP; Wilkins IT at it’s discretion, may take reasonable and immediate corrective action, which may include, and is not limited to:
1.5.1 Removal of all or a portion of Client content;
1.5.2 Disconnection or discontinuance of any and all Services; or
1.5.3 Termination of this Agreement.
1.5.4 In the event Wilkins IT takes corrective action due to a violation of the AUP; Client agrees and fully understands the following:
1.5.4.1 Client will not be refunded any fees paid in advance of such corrective action.
1.5.4.2 Client hereby waives all claims of damages possibly incurred due to Client’s own or those of their customers violation(s) of the AUP.
1.5.4.3 Client will be billed by Wilkins IT according to regular support fees
1.5.4.4 in addition to any monetary disbursements incurred plus applicable tax’s.
1.5.4.5 Wilkins IT shall not be liable to Client or any of Client’s customers due to any corrective action that Wilkins IT may take (including, disconnection of Services).
1.5.5 Client is solely responsible for the quality, performance and all other aspects of Client content and the goods or services provided through Client website.
1.5.6 Client will cooperate fully with Wilkins IT in connection with Wilkins IT’s performance or maintenance requirements of the Services.
1.5.7 Client is required to provide any equipment or software that may be necessary for Client to use the Services.
1.5.8 Delays in Client’s obligations under this Agreement will equally extend the time for Wilkins IT’s performance of its obligations, which in turn will depend on Client’s performance on a day to day basis.
1.5.9 Client assumes full responsibility for:
1.5.9.1 Compliance for customers and end users of the Wilkins IT AUP in it’s entirety;
1.5.9.2 Providing end users and or customers with any required disclosure; or
1.5.9.3 Explanation of the various features of Client website;
1.5.9.4 Any goods or services described on Client website;
1.5.9.5 Any rules, terms or conditions of use.
1.5.9.6 The Services that permit Client to electronically transmit or upload content directly to Client website; therefore
1.5.9.7 Uploading any and all content to Client website;
1.5.9.8 Supplementing, modifying and updating Client website;
1.5.9.9 All back-ups of the entire Client website and it’s customer or Client data.
1.5.9.10 Ensuring all aspects of Client website are compatible with the hardware and software used by Wilkins IT to provide the Web Hosting services;
1.5.9.10.1 In the event the hardware and software may be changed by Wilkins IT from time to time for any number of reasons.
1.5.9.10.2 Wilkins IT is not responsible for any damages to Client content, Client website, other damages or any malfunctions or service interruptions caused by any failure of Client content or any aspect of Client website due to incompatibility with the hardware and software used by Wilkins IT to provide Client with Web Hosting services.
1.6 Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including SPAM, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
2 Web Hosted email usage Policy: Wilkins IT prohibits the use of the Wilkins IT provided email accounts for;
2.1 Third party email forwarding.
2.1.1 Please refer to https://wilkinsit.ca/business-solutions/email-best-practices for Client email directions on email usage
2.2 marketing email to your customers.
2.2.1 Please refer to the AUP for Client email directions on acceptable email usage.
2.2.2 For mass email marketing to Client’s customers, use a marketing platform to provide efficient marketing emails to your customers and prospects, please read more about this at https://wilkinsit.ca/business-solutions/email-best-practices and the AUP at https://wilkinsit.ca/legal/acceptable-usepolicy/
3 Client’s Representations and Warranties.
3.1 Client represents, warrants, and commits to Wilkins IT; for the entire duration of Client web Hosting subscription Term, as outlined in Schedule “E”; the following:
3.1.1 Client is the owner or valid licensee of Client content and each element of Client content;
3.1.2 Client has secured all necessary licenses, consents, permissions, waivers and releases for the use of Client content;
3.1.3 Each element of Client content; including without limitation:
3.1.4 all trademarks, logos, names and likenesses contained in Client content
3.2 Wilkins IT is not or will not be in any way obligated to pay any fees, residuals, guild payments or other compensation of any kind to any Person regarding any aspect of Client web site;
3.3 Client’s use, publication and display of Client content will not infringe any copyright; patent; trademark; trade secret; or other proprietary; or intellectual property right of any person; or constitute a defamation; invasion of privacy; or violation of any right of publicity; or any other right of any person; including, without limitation, any contractual; statutory; or common law right; or any “moral right”; or similar right however denominated;
3.4 Client will comply with all applicable laws, rules and regulations regarding;
3.4.1 Client content;
3.4.2 Client website;
3.4.3 Will use Client website only for lawful purposes; and
3.4.4 has used its best efforts to ensure that Client website, and Client content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
3.5 Client shall be solely responsible for;
3.5.1 The development, operation and maintenance of Client’s website;
3.5.2 Online store, including the electronic commerce activities, for all products and services offered or appearing online by Client;
3.5.3 For all content and materials appearing online or on Client’s products, including, without limitation:
3.5.3.1 Accuracy and appropriateness of Client content, website content and material appearing in its store or on its products.
3.5.3.2 Ensure Client content; any content, and materials appearing in its store or on its products do not violate or infringe upon the rights of any person.
3.5.3.3 Ensure that Client content; the content, and materials appearing in its store or on its products are not defamatory or otherwise illegal.
3.5.3.4 Shall be solely responsible for accepting, processing and fulfilling their customers orders, in addition to handling all their customer inquiries or complaints.
3.5.3.5 For the payment or satisfaction of any and all taxes associated with Client’s website; online store and any other Client business.
4 Client grants Wilkins IT:
4.1 The right to reproduce, copy, use and distribute all and any portion of Client content to the extent needed to provide and operate the Services.
4.2 To be bound by the terms of this Agreement for transactions entered into on Client’s behalf by anyone acting as Client’s agent, and
4.3 transactions entered into by anyone who uses Client’s account, whether or not the transactions were on Client’s behalf.
4.4 A non-exclusive, royalty-free, worldwide right and license during the entire subscription term as outlined in Schedule “E”; to do the following to the extent necessary in the performance of Services: digitize; convert; install; upload; select; order; arrange; compile; combine; synchronize; use; reproduce; store; process; retrieve; transmit; distribute; publish; publicly display; publicly perform; hyperlink Client content; and make archival or backup copies of Client content and Client website, etc.
4.5 Except for the rights expressly granted in paragraph 11.4 above; Wilkins IT is not acquiring any right, title nor interest in or to Client content, all of which shall remain solely the property and responsibility of Client.
5 In its sole discretion, Wilkins IT reserves the right to commence with and to bill according to Schedule “A”; in the following but not limited to these extenuating circumstances:
5.1 To take any corrective action to protect the integrity and stability of the Web Hosting services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Client content and/or website(s)), and / or
5.2 comply with any applicable laws, government rules, or requirements;
5.3 cooperate with reasonable requests from law enforcement, in order to avoid any liability, either civil or criminal in nature.
5.4 Client also agrees that Wilkins IT shall not be liable to Client for any loss or damages that may result from the above mentioned conduct within this entire paragraph.
Caching:
6 Client expressly grants to Wilkins IT a unconditional license to cache the entire Client content and Client’s website, and;
6.1 Including content supplied by third parties, hosted on Wilkins IT’s servers under this Agreement.
6.2 Agrees that such caching is not an infringement of any of Client’s intellectual property rights or any third party’s intellectual property rights.
6.3 Understand the purpose of caching is a necessary aspect of the Web Hosting service.
CPU Usage:
7 In Wilkins IT’s sole and absolute discretion, corrective actions may be taken if a violation of the following occur; therefore Client agrees to the following:
7.1 Client shall not use excessive amounts of CPU processing on any of Wilkins IT’s servers.
7.2 Any violation of this policy may result in;
7.2.1 additional fees;
7.2.2 disconnection or discontinuance of any and all Services; or
7.2.3 termination of this Agreement,
7.3 Client is not entitled to a refund of any fees paid in advance, in the event corrective actions were taken as outlined in this paragraph.
Bandwidth and Disk Usage:
8 Wilkins IT, at it’s sole discretion, will provide Client with bandwidth, disk space and other service resources, such as:
8.1 currently offers unlimited but reasonable bandwidth on all current hosting account subscriptions;
8.2 access to web reports for network traffic monitoring and reporting;
8.3 provides graphs that show Client’s monthly bandwidth usage;
8.3.1 which is based on Client usage average rate, and reflects the amount of bandwidth transferred during the previous calendar month;
8.4 bandwidth usage is subject to Wilkins IT Acceptable Use Policy:
8.4.1 therefore; Wilkins IT, at its own discretion, reserves the right to deem when Client hosting account is using an unreasonable or excessive amount of bandwidth for Client data and Wilkins IT will govern or restrict Client bandwidth accordingly.
8.5 Email and/or file-transfer-protocol (“FTP”) accounts.
8.5.1 Service resources are intended for reasonable / normal use only.
8.5.2 Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. IE; SPAM email.
8.6 The allotments are optimized and dedicated to serving the content and Client’s electronic mail services related solely to Client’s web hosting service account(s) with Wilkins IT.
8.7 Client will not use any bandwidth and/or disk usage for materials other than Client’s Website, Client content and/or Client electronic mail services.
8.7.1 For example; Client may not use bandwidth or disk usage as an offsite storage area for electronic files or as a provisioning service for third party electronic mail or FTP hosts.
8.8 Wilkins IT will monitor Client’s bandwidth and disk usage.
8.9 Wilkins IT shall have the right to take any corrective action if Client’s bandwidth or disk usage exceeds the Acceptable Usage Policy, or demonstrates other improper storage or usage.
8.9.1 Corrective action if required will include, and is not limited to:
8.9.1.1 additional fees, disconnection or discontinuance of any and all service resources;
8.9.1.2 removal or deletion of Client’s Website, content, electronic mail services and/or other materials;
8.9.1.3 or termination of this Agreement.
8.9.2 Client shall not be entitled to a refund or credit of any fees paid prior to such action.
8.10 Client will comply with all applicable laws, rules and regulations regarding Client’s Website, content and/or electronic mail services including but not limited to:
8.10.1 Client will employ each, including bandwidth, disk space and other resources only for lawful purposes.
8.10.2 Client may not utilize: service resources to copy material from third parties (including text, graphics, music, videos or other copyrighted material) without proper authorization;
8.10.3 service resources to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
8.10.4 service resources to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
8.10.5 service resources to export encryption software to points outside North America in violation of applicable export control laws;
8.10.6 the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
8.11 To insure the quality of service for all Wilkins IT shared hosting clients; Wilkins IT reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate the ‘business class hardware’.
8.12 In the event Wilkins IT discovers that Client is violating any law in relation to Client’s Website, Client content, Client electronic mail services, use of bandwidth, disk usage, or violating any agreed usage; Wilkins IT is obligated to inform the necessary law enforcement, and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to Client, Client’s Website, Client content and/or Client electronic mail, otherwise know as “full disclosure” & “cooperation”.
Last Updated: October 9th, 2020.
