Acceptable use policy

Preface

Please read the Acceptable Use Policy carefully (« Policy ») from 3612040 CANADA Inc., company also known under DomainePlus.com, located at 102-900 boulevard Industriel, dans la ville de Saint-Jean-sur-Richelieu, J3B 8J4, province of Québec, Canada (« Company »).

General

The Company offers a range of registrar, hosting, consulting and web design services (the "Services"). The Company has implemented this Policy in a shared web hosting environment, multiple Users share the resources of a given server. It is therefore important that you do not use your hosting account in a way that negatively affects other Users of the Company's Services. Our Policy describes what is and is not allowed on our servers or while using our Services. By using our Services, the User agrees to comply with our Policy. Failure to comply with the Policy by the User or its End Users, may result in suspension or termination of your User account without prior notice. The Company remains the sole decision maker as to what constitutes a violation of the Policy.

The Company reserves the right to change this Policy from time to time and will notify Users by posting a revised copy of the Policy at: https://www.domaineplus.com/en/acceptable-use-policy. Furthermore, it is the responsibility of Users to ensure that their End Users also become aware of and comply with any changes.

This Policy is an integral part of the Company's Terms and Conditions, which can be viewed at : https://www.domaineplus.com/en/terms-and-conditions.

Rights and remedies of the company

The Company is not responsible for any content or information created, stored, posted, transmitted or accessed on or through the Services and has no obligation to monitor or exercise editorial control over such content. In the event that the Company becomes aware that such content may violate the Policy and/or expose the Company to civil or criminal liability, the Company reserves the right to investigate the content, block access to the content, or suspend or terminate any Services without notice and without liability. User shall be responsible for any early termination fees that may result from termination of Services pursuant to the provisions of this Policy.

The Company reserves the right to cooperate with appropriate legal authorities and third parties to investigate alleged violations of this Policy, including disclosing the identity of any User or End-User whom the Company believes is responsible for such violation. The Company also reserves the right to implement technical means to prevent violations of the Policy.

Nothing in this Policy shall limit, in any way, the Company's rights and remedies at law or in equity that may be available.

Illegal activities

You may not use the Company's services for illegal purposes. You agree to comply with any applicable government regulation, law or rule, including Quebec and federal laws. You agree not to be entitled to any reimbursement of fees paid to the Company if, for any reason whatsoever, the Company acts in a punitive manner regarding the abusive or illegal use of its services. In particular, you may not use the Services to transmit, distribute, or store content or engage in any activity:

• illegal or fraudulent in nature under the laws of any jurisdiction;
• violates the terms of this Policy or any other agreement in effect with the Company;
• is harmful or detrimental to the Services, the network, the Internet or the use of the Services or the network by other users
• is threatening or defamatory or injurious to the Company or the reputation of others; or
• which may give rise to criminal or civil liability for the Company.

Users agree to cooperate with the Company in investigating and remedying any apparent violations of this Policy. Users will be solely responsible for any content that their End Users store, transmit, upload, view, post, distribute, access or make available using the Services.

The Company reserves the right at all times to disclose any information it deems necessary to satisfy any regulation, law, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of The Company.

Sending emails

Our shared web hosting accounts are not designed to send large amounts of email simultaneously (mass emailing). The Company must take all possible precautions to protect the reputation of its servers and allow all Users sharing the same IP address to be able to deliver emails to their respective recipient(s). We therefore actively monitor outgoing email and reserve the right to intervene in the event of abuse by a single User. Emails sent beyond a certain limit deemed reasonable by our system administrators may not be delivered. Mailing lists on our servers should not exceed 200 recipients in order to avoid resource overload and connection limits allowed per block of time (usually per hour) by some popular email service providers. If you are sending more than 25 emails at a time, you need to enable the throttling feature in your email software to allow at least 10 seconds between each recipient to prevent outbound email saturation. You cannot try to get around this limit by combining multiple hosting accounts.

Some companies specialize in mass mailing services and their infrastructure is optimized to ensure the delivery of large quantities of emails in a short period of time. We therefore ask you to deal with these companies if you plan to send large quantities of emails (mass mailing).

You may not send emails with attachments larger than 25Mo. If you need to share larger files, we encourage you to upload your files to your hosting account, and email a hyperlink to the file.

Spam policy

The Company has a zero-tolerance policy regarding spam. Sending unsolicited email from or to our servers under any circumstances is prohibited. Any incident caused by sending unsolicited mass email will result in immediate account suspension without notice. The Company also reserves the right to permanently terminate the account without refund, if it considers that the User or its End Users have carried out the sending in a voluntary and malicious manner. Mass emails may only be sent to recipients who have expressly agreed to an opt-in process.

Users who send mass emails must keep complete and accurate records of all subscription (opt-in) requests, which specifically include the emails and their headers sent by each subscriber, and provide these records to Company upon Company's request.

If a User has End Users who wish to use a common email computer that uses the Services, that email server must be configured to require End User identification and authorization. Users may not use a third-party provider to send spam to promote a website hosted on or connected to the Services.

Backups

Web hosting disk space cannot be used to store backups of your files, or to store files that are not directly related to your web site. You may keep a maximum of one backup of your hosting account on the server temporarily, for a maximum of 24 hours. Please do not make copies of your backups.

All account backups must be made during off-peak periods, i.e. between 11:00 pm and 7:00 am. It is strictly forbidden to generate backups of your account between 7:00 am and 11:00 pm, whether using the backup tool offered by the Company, automated tools or scripts (including third-party backup services), or backup modules such as a WordPress "plugin. Copies of backups made using the backup tool and stored on the server itself will not be saved by the Company as courtesy backups. Notwithstanding the above, manual backups are permitted at any time.

The Company performs regular backups of most standard hosting accounts on its servers. However, backups cannot be guaranteed and the Company cannot be held responsible for any lack or deficiency in the backup service. In order to limit system load, automatic backups may be disabled by the Company for any account that uses excessive resources, disk space or inodes (files or folders), at its own discretion, and without prior notice. Due to the high resource usage of the backup process, the Company cannot guarantee the creation or restoration of backups for accounts exceeding a certain size of data, or number of files and folders (including email, databases, regular files, statistics and configuration files). Accounts that exceed these limits may no longer be backed up automatically.

Use of resources

To ensure the reliability of our services, a hosting account on the shared platform cannot use more resources than would be required by a regular website during regular operations. An account cannot use more than 5% of the total server resources for a period of more than 60 seconds. This includes processor cycles, RAM usage, hard drive and bandwidth. Accounts that exceed the allowable resource usage may be terminated without notice to prevent serious degradation of service. The Company will attempt to notify the User as soon as possible and work with the User to resolve any resource usage problems. Often, this type of problem can be resolved by fixing a broken script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Users who consistently use excessive resources will have their accounts suspended and may be forced to move their accounts to a provider offering dedicated or virtual private server services, where resource usage limits are not typically enforced. The account suspension will last until the User finds a solution to reduce resource usage to a level acceptable to the Company or, after a reasonable period of time, the Company may terminate the agreement without refund.

The Company's server resources may not be used for any purpose other than to host data for your websites. Server resources may not be resold or used for data processing outside the context of offering web pages or other web-accessible data to your site visitors.

Although the Company strives to offer a full range of shared web hosting plans each offering different and generous amounts of resources, this type of hosting may not be suitable for the demand of some sites with high traffic. In case of doubt, the User should contact the Company to verify if it is able to meet the needs.

Hard drive usage

In order to protect our Users from users consuming an excessive amount of resources, we have established the following rules regarding the use of space on your account's hard drive:

• You cannot use your web hosting space to keep files that are not directly related to your web site and that do not have a direct link in at least one section of your web site.
• You may not keep more than 5,000 files in a directory, a data structure about a file or directory, or a total of files and folders ("inodes") in your hosting account of more than :
  • 100,000 inodes for SMB family plans
  • 300,000 inodes for CORPO family plans
  • 3,000,000 inodes for RESELLER family plans
  • You cannot sell or offer storage space on our servers to third parties.

Processes

All processes invoked by the web server, cron, shell or others cannot exceed the following limits:

• No more than 10 consecutive URL rewrites
• No script execution longer than 120 seconds in a row
• No background script execution continuously

Database

Connections

The User has a limit of:

• 10 simultaneous connections for SMB plans
• 20 simultaneous connections for CORPO plans
• 60 simultaneous connections for RESELLER plans

Tailles

Chaque base de données ne doit pas dépasser :

• 1Go d'espace disque
• 1 000 000 d'entrées

Permitted software and scripts

All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software with documented vulnerabilities on the Internet is strictly prohibited on our servers. The timely installation of security updates for all software you install is your responsibility.

External software, as well as their extensions, modules and add-ons, may be vulnerable. Extra vigilance must be used to ensure that the external software used is up-to-date and secure. Scripts or software deemed vulnerable may be removed or disabled by the Company at any time, without notice, to protect the integrity of its servers.

Illegal conduct or misuse

You agree not to use the Company's servers for any purpose that is unlawful or prohibited by this Policy, and you agree to comply with any applicable local, state, federal or international law or regulation.

The Company reserves the right to terminate services in its sole discretion, if you use these services in combination with spam or morally unacceptable activities including, but not limited to:

1. Activities that defame, embarrass, harm, abuse, threaten, slander, libel, or harass third parties, are obscene, violent, or constitute an invasion of privacy or an illegal threat, or are otherwise unlawful;
2. Activities that solicit or exploit minors for sexual or pornographic acts;
3. Transmission, distribution or storage of material that violates any applicable law or regulation, including pirated software or any pirated tools or content;
4. Transmitting, distributing or storing any material protected by copyright, trademark, trade secret or other intellectual property rights without lawful authority;
5. Misrepresentation or fraudulent, deceptive, misleading representation of products or services;
6. Impersonating a third party;
7. Illegal access to other computers or networks (i.e., hacking) and distribution of Internet viruses, or other similar destructive activities;
8. Violation of export control laws for software or technical information;
9. Facilitating, aiding or abetting any of the activities described above, whether using the Company's network or service by itself, or through a third party network or service;
10. Attempting to destabilize, impair, compromise, or violate the integrity or security of the Services or any other third party's computers, services, accounts, or networks (e.g., hacking, hacking attacks, or other attacks on the Internet). 10. Attempting to disrupt, impair, compromise, or violate the integrity or security of the Services or any other third party's computers, services, accounts, or networks (e.g., hacking, denial of service attacks), including any activity that generally precedes attempts to breach security such as scanning, auditing, or other vulnerability testing or assessment, or participating in or enabling any network or hosting activity that would result in the Company being blacklisted or having protocol addresses assigned to the Company blocked.
11. Access, modify or sabotage files that are not owned by the User, unless the owner of such files has given explicit permission to the User;
12. Interfering with a third party's use of the Company's network or service, or with the ability to connect to the Internet or provide services to Internet users.

The following uses of our shared servers are strictly prohibited :

1. Proxy servers ;
2. Automatic browsing sites ;
3. IRC servers.

Adult content

Adult content is not tolerated on our shared web hosting.

Shell access

Due to the complicated nature of this type of connection, Shell access is only enabled following a written request in the User's Customer Area. Execution of Unix intensive commands such as "find" and "grep" is not allowed for more than 60 consecutive seconds with a pause of at least 120 seconds between each execution and therefore is strongly discouraged on a directory with more than 100 subdirectories or 1000 files. The company may, at its sole discretion and without notice, interrupt the execution of these commands in order to limit the abusive use of server resources.

Downloads

You may not offer downloads of third party software (i.e., software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as "mirror" download sites. In these cases, you must provide a link to the original vendor's download site.

Chat software

Due to the high resource usage of this software, you may not install and use real-time chat software on a shared hosting package unless such software is hosted on the solution provider's servers.

Cron jobs

Cron jobs cannot be scheduled to run more than once every 15 minutes. Cron jobs must be scheduled so that 2 or more jobs do not run at the same time. A minimum of 5 minutes must elapse between each job. You cannot set up more than 10 "Cron" jobs on a shared hosting account.

Questions

If you would like more information about the Company's Policy, please contact the Company at this address : support@domaineplus.com.

Please contact us with your questions, and we will try to provide you with an answer as soon as possible.

Report an abuse case

Please contact support@domaineplus.com to report a case of abuse. To do so, please provide as much information as possible to assist us with our investigation. All complaints will be investigated within 72 hours of receipt and may be followed up with a request for additional information. Unless a request for additional information is required, you will not receive any follow-up or response from us.

Divisibility

In the event that any provision of this Policy is contrary to law, void or unenforceable for any reason, such provision shall be deemed severable from the Purchasing Policy and shall not affect the validity or enforceability of any other provision.

Applicable law and jurisdiction

This Policy and its interpretation are subject to the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. The Parties shall irrevocably submit any disputes arising out of this Policy to the courts of the District of Montreal, Province of Quebec, including disputes regarding the interpretation of the Policy and its effect.

Last update on 2022-08-08.