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Terms Of Service

These terms of service (“TOS”) are entered into between LUNAR INDUSTRIES INC. hereafter referred to as (“Lunr” “LUNAR INDUSTRIES ”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”). You agree to be bound by these TOS when you, or your agent, click “I agree.” The date you agree to these TOS is the “Effective Date”. The entity set out in our records is considered by us to be our customer.

These TOS apply automatically to all Lunr clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO Lunr’s SERVICES YOU ACCEPT THE POLICIES LISTED HEREIN AND AGREE TO RESPECT THEM. The Services are described as the package description presented on our web site and ordered by you.

If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect ownership and control of the Service. If you are a reseller of our Services, these TOS contain provisions that you are required to apply to your customers (“End Users”). It is your responsibility to ensure that these provisions, or others no less protective of our interests, are included in the contracts and other agreements between you and your End Users. You are responsible for your End Users under these TOS. If you intend to resell the Services, you must also sign our Re-seller Agreement.

These TOS may be amended by us. Except in an emergency, we agree to provide you with thirty days notice prior to the effective date of any amendment. Notice will be provided to you though your control panel. If the amendment materially affects your ability to use the Services, you may terminate your use of the Services and these TOS by providing us with written notice prior to the Effective Date of the amended TOS, or, if we have amended the TOS without prior notice because of an emergency, within thirty days from the date of our amendment.

Article 1 – Other Agreements Are Incorporated into these TOS

The present TOS incorporate our Acceptable Use Policy (AUP) and our Privacy Policy for website, portal and social media.

To the extent that above-mentioned policies conflict with the TOS or with each other, the TOS shall prevail, followed by the AUP and both of our Privacy Policies. In certain cases, you may purchase services from us using another agreement which is also incorporated into or references these TOS. If that agreement conflicts with these TOS, the terms of that other agreement will prevail over the TOS, but only to the extent of the conflict.

Article 2 – Object

We agree to provide the Services to you subject to these TOS. Use of the Services constitutes acceptance and agreement to these TOS.

Article 3 – Services

The features and details of the services governed by these TOS are described on our web site “lunr.tech” as of the Effective Date. Should any of the product description change subsequent to the Effective Date, Lunr has no obligation to modify the Services to reflect such a change. The specific services chosen by you are referred to together as the “Services” or the “Service”. You agree to use the Services in a way that respects the right of our other users to use the Services, and not to act in a way that unreasonably interferes with our ability to provide the Services to other users.

Certain aspects of the Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you agree that you may not terminate the Services and these TOS based on such a change, even if it materially affects the Services.

Article 4 – Support

What we Support

1. Common Services

We continually monitor and ensure that all basic services are working. Our number one priority is to make sure that the web servers, data centers, and network connections are functioning at optimal performance levels.

2. Server Software

We will maintain and secure all software that resides on a server. We will determine the version and configuration of the software on our servers. As a result, the software we have installed may not always be the latest version available to the public or be compatible with your application.

 

Article 5 – Term

These TOS will continue for the term set out on the product description page (“Initial Term”). After the expiration of the Initial Term, these TOS will renew for successive periods of equal length (“Renewal Term”). If the product description page does not contain an Initial Term, the Initial Term shall be one month.

Article 6 – Payment

You are responsible for the fees and charges set out on the product description page (“Fees”). You may be charged seven days prior to the date set out on the product description page (“Due Date”).

Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. You must pay the Fees without set off or deduction. Should the Services be suspended, for any reason, Fees will continue to accrue. If the Fees are not paid by your financial institution on the Due Date, your account will be considered delinquent.

Article 7 – Bill Disputes

If you believe there is an error on your bill you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least five days prior to the Due Date (“Dispute Deadline”). You waive your right to dispute any charges or Fees if you fail to meet Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute the next time Fees are due.

Article 8 – Termination

Termination Prior to Renewal

Either party may choose not to renew these TOS by providing written notice to the other no later than ten days before the expiration of the Initial Term or Renewal Term for the particular Service that the party does not want to renew. If you terminate these TOS prior to their expiration, you will not receive a refund of any prepaid Fees.

Termination for Material Breach

One party may terminate these TOS upon the occurrence of a material breach, if this breach has not been cured by the other party within thirty days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. A decision to cease offering Third Party Services will not be a material breach.

Termination for your Violation of our Policies

We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference or those of Third Party Service providers; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. Should we exercise these rights, You are not entitled to any type of notice or protest and nor will you receive a refund of any Fees.

Disposition of Data Upon Suspension or Termination

When your account is suspended or terminated, the data and other technology resident on Lunr’s servers may be deleted. It is your obligation, regardless of whether you believe a suspension or termination is authorized under this TOS, to secure this data and ensure that it remains available to you. Lunr has no obligation to preserve data after a suspension or termination, other than those provided under law.

Article 9 – Use of the Services

Subject to the terms and conditions set forth herein, Lunr grants you a personal, non- exclusive, non-transferable and non-sublicensable license to use the Services solely for your personal or internal business purposes. With respect to any open source or third-party code that may be incorporated in the Services, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. You hereby acknowledge that the Services are licenced and not sold and that your use thereof is subject to the terms of any applicable third-party end user license.

Your use of the Services must be reasonable and compliant with local laws where you will be using the Services. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees, to the extent that your use exceeds the use of the Service by similarly situated customers. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Service.

You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is “server ready” and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.

Upon termination or expiration of the Services, your account will be closed. We have no responsibility to forward email or other communications for you once your account is closed. We also have no responsibility to preserve or secure your data. You are encouraged to keep the Service active during any transition period should you seek to forward your email or other communications, or to move your data to another provider.

Article 10 – Representations and Warranties

Reciprocal

We each warrant to the other that: (i) we have the power, authority and legal right to enter into these TOS; and (ii) we have the power, authority and legal right to perform our obligations under these TOS and all incorporated provisions.

Representations and Warranty

You represent and warrant to Lunr that: (i) you have the experience and knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from accessing the internet and using the Services and that you will use the Services at your own risk and only where local laws allow such use and in conformity with local laws; (iii) you will provide us with material that may be implemented by us to provide the Service without extra effort on our part; (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service; (v) that in entering into these TOS and performing the obligations set out therein, you will not violate any applicable laws and regulations; (vi) that you will make backup copies of your data even if you purchase “back up services from Lunr ; (vii) that you will pass through applicable terms of these TOS, our AUP and Privacy Policy as well any applicable third license agreement to End Users; (viii) that you own the entire right, title and interest to, or have an appropriate license to use, all materials provided to Lunr, or which may be accessed or transmitted using the Service and that, at our request, you will provide us evidence of such ownership or license; and (ix) that to the extent you do business with other parties using the Service, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

Article 11 – Disclaimer and Limitation of Liability

1. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 10.1, Lunr HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. Lunr DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Lunr IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICES PROVIDED BY US. Lunr SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY Lunr . NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO Lunr SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM Lunr , ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW Lunr TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR AN INDIVIDUAL SERVICE.

2. Limitation of Liability

You agree that Lunr has no liability, whatsoever, for: (i) content that you or an End User access from the internet; (ii) for your usage of the Services and the success of any encryption; or (iii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our network.

WITHOUT LIMITATING THE GENERAL LIMITATION ABOVE, IN NO EVENT WILL Lunr’S LIABILITY HERE UNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY Lunr FROM YOU FOR THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM Lunr SHALL BE INTERPRETED TO INCLUDE Lunr’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH Lunr.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD Lunr OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER AN ACTION IS CONTRACTUAL, EXTRA-CONTRACTUAL OR BASED IN TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF Lunr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS Lunr’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Article 12 – Indemnification

You agree to indemnify, defend and hold harmless Lunr and its parent, subsidiary and affiliated companies, Third Party Service providers and each of their respective officers, directors, employees, shareholders and agents (each an “Indemnified Party” and, collectively, “Indemnified Parties) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of Lunr’s policies; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; (iv) any acts or omissions by you; (v) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; and/or (vi) infringement related to products sold using the Services. The terms of this paragraph shall survive any termination of these TOS. For the purpose of this paragraph only, the term “you” as set out in sub-paragraphs (i) through (vi) include you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.

Article 13 – General Provisions

1. Notices

Notices will be sent to you at the address you provide to us. Notices to you may be provided by email. It is your obligation to ensure that we have the most current address for you in our records and to verify that our Notices are not flagged as spam by your spam filter.

Please refer to our website for contact information for most issues, including technical support and billing. Notices regarding these TOS and other Lunr policies should be directed to:

INDUSTRIES LUNAIRE INC. (LUNAR INDUSTRIES INC.)

Quebec business number (NEQ): 1178551769
Business # (GST/HST Number) 70915 0346
Legal Representative: Dominic Gingras

Main Address:
4300-800 RUE du Square-Victoria Montréal Québec H4Z1H1 Canada

[email protected]

2. Force Majeure

Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.

3. Choice of Law, Jurisdiction and Venue

This Agreement is governed by the laws of Canada.

4. No Waiver

No waiver of rights under these TOS, or any Lunr policy, or agreement between you and Lunr shall constitute a subsequent waiver of this or any other right under these TOS.

  1. Assignment

These TOS may be assigned by Lunr. They may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

6. Severability

In the event that any of the terms of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from these TOS. All remaining terms of these TOS shall remain in full force and effect.

7. No Agency

These TOS do not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) describes activities that are not permitted on the Lunr network. The AUP is incorporated by reference the TOS between you and Lunr. Capitalized terms used in this policy that are not defined herein have the meanings given to them in the TOS in effect between you and Lunr.

1. Customers and End Users are Solely Responsible for Content.

We do not review, edit, censor, or take responsibility for any information customers or End Users may create. As a result, we cannot, and do not, accept any responsibility from customers, end users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions. While we do not review, edit, censor, or take responsibility for any customer created content, we reserve the right to take any and all appropriate action where inaccurate, unsuitable, offensive, or illegal content or transactions is brought to our attention. Ways such abuse can come to light is via reports from other users (recipients of abusive mail, as an example), unencrypted support emails outlining problems with an activity we do not support, or listing of our domains (through your email or username) on spam sites or other blacklists. We respect the privacy of our customers, but will NOT be held responsible for housing criminal activity, even by omission, or failure to investigate claims.

We specifically reserve the right to refuse to provide the Services to customers or End Users engaged in the dissemination of material that may cause us to be subject to attacks on our network, or that while technically legal, run counter to our corporate principles. This type of content may include, but is not limited to, racist, pornographic, hateful material or generally any material that creates or may create, in our sole judgement, customer service or abuse issues for us.

2. Use of the Services

1. Abusive Conduct

The transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation, this AUP, or our TOS, is strictly prohibited. In addition, you may not use the Services to directly facilitate the violation of any law or regulation. Specific activities that are abusive include, but are not limited to:

  1. Activities that violate Canadian export control laws or regulations, including those related to software or technical information or violating Canadian laws or regulations concerning the doing of business with certain sanctioned countries or with designated persons or entities.
  2. Forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
  3. Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);
  4. Introducing whether unintentionally, knowingly or recklessly, any virus or other contaminating code into the Services or creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
  5. Collecting or using information, including email addresses, screen names or other identifiers, through deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
  6. Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems, including unauthorized access to or use of data, systems or networks, comprising 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.
  7. Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
  8. Exchanging communication pertaining to the commission of an illegal activity or soliciting the performance of any illegal activity, even if the activity itself is not performed;
  9. Acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
  10. Failure to provide complete, truthful and accurate information regarding the customer’s identity and locations as requested on all of Lunr’s application forms.
  11. Interference with a third party’s use of Lunr’s network or Services, or ability to connect to the Internet or provide services to Internet users.
  12. Managing a proxy server.
  13. Facilitating, aiding, or encouraging any of the above activities, whether using Lunr’s network or Services by itself or via a third party’s network or service.

2. Offensive content

You may not transmit, distribute or store on or via the Services any content or links to any content that  Lunr reasonably believes:

  1. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
  2. That is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
  3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  4. Is defamatory or violates a person’s privacy; or
  5. Is otherwise malicious, fraudulent, or morally repugnant.

3. Intellectual Property and Other Proprietary Rights

You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:

  1. You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
  2. You may not use the Services to publish content intended to assist others in defeating technical copyright protections;
  3. You may not use a domain name that is in violation of its relevant domain name dispute resolution policy; and
  4. You may not display another person’s trademark without permission.

4. Email services

Anyone found to be generating spam from within our system will have their user privileges revoked immediately. Persons attempting to forward spam email messages inbound to our system will be blocked and prevented from sending further email to any Secure Email users. Please note, however, that many messages appearing to originate from Secure Email (or any other) mail servers could contain “forged headers”, written by the party originating the messages to make them appear to come from somebody else. This is done to avoid action normally taken against those abusing email systems and to cause damage to the reputation of the parties appearing to have sent the messages. Experienced investigators can tell immediately whether headers have been forged and where the message actually originated; thus, it is important that any mail forwarded to us for investigation contains the complete headers from the original message.

We define spam or unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with the Canadian Anti-Spam Act, or that, even if requested, or compliant with the Canadian Anti-Spam Act, causes other entities to block our IP Addresses.

You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming. If we determine that you or an End User are spamming, we will suspend or terminate your account, at our discretion.

Furthermore, you may not use our email service:

  1. In connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise);
  2. To restrict or inhibit any other user from using or enjoying such service;
  3. Under a false identity for the purpose of misleading others or forge the headers of your email messages in any way;
  4. To use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof;
  5. To promote or facilitate the transmission of unsolicited email messages.
  6. Send messages to disrupt or cause difficulties in receiving other email;
  7. In the event that you maintain one or more bulk “opt-in” email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by us. At our discretion, if no such evidence is available, such bulk emailings may be considered as unsolicited;
  8. We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer’s bulk “opt-in” email lists, and the number of messages a customer may send or receive through our services.

While we do not undertake to monitor the materials that are sent through our email service, we reserve the right to review such materials, and to remove any materials at our sole discretion. We may decide, at our sole discretion, to terminate your access to our email service at any time, without notice. We cannot, however, promise any legal agency the ability to review data on our servers, as we ourselves cannot retrieve anything encrypted on, or deleted from, our servers.

5. Notices

If you believe that our AUP has been violated, you may send your inquiry to: [email protected]. Please note that we do not review anonymous inquiries. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.

6. Co-operation with Investigations and Legal Proceedings

We do not review or monitor our customers’ activities. However, if we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we may choose to give you reasonable prior notice of such requirement. As stated, we cannot and will not be held responsible for housing criminal or suspected criminal activity, or abuse of our acceptable use policy, whether by omission, or by failing to investigate claims. If activity in breach of our terms is discovered or made known to us, we may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request. Law enforcement agencies that seek information about customers, End Users, and third parties and/or their use of the Service, are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to us, the Subpoena will be transmitted to the customers, End Users, and third parties and/or their use of the Services are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (“Subpoena”). Unless specifically prohibited by law and clearly communicated to us, the Subpoena will be transmitted to the customer, End User, or third party. Civil requests for information, such as discovery requests and similar demands (“Civil Demands”) must be part of a filed and pending litigation matter. Responses to Civil Demands are at our discretion.

7. Excessive Use of Shared System Resources

Our email service is considered unlimited, meaning that within reason there are no limits on storage space, number of emails sent or received per day, or number of device connections. However, since you will be sharing bandwidth and storage with hundreds of others on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer’s usage cannot adversely affect the performance of other customers’ service. This means that while there is no set limit on storage, bandwidth usage, or emails in or out-bound, we will need to monitor for possible misuse.

An example of misuse would be using auto-mailing for spam purposes. If you are generating a consistent outbound flow of several thousand emails, and your inbox is filling by a gigabyte a day, we can safely assume that you are using shared resources frivolously. Other potential violations could include using our email service to store an excessive amount/type of materials, to the point it adversely affects other users rights to service. An example could be sending yourself an excessive amount of large attachments such as mp3’s, images or short video files. We do not monitor content, but general behavior and types of files stored can become a red flag. Flooding other users’ email inboxes could be a potential breach as well, as it can be construed as a DoS (Denial of Service) attack.

In the vast majority of cases, if you use the email hosting service appropriately, you will be able to view, send, receive, upload, download, and attach as much content as you wish. However, in certain circumstances our server processing power, server memory, or anti-abuse controls could place limits on your usage. Those who abuse the Services will not be tolerated and you agree that your right to use the Services is subject to the rules outlined above.

8. Suspension and/or Termination of products and Credits.

If you violate our AUP and we suspend or terminate the Service, you will not receive a refund of any Fees paid to us. Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the Service. Any termination or suspension may be undertaken with, or without, notice to you. You agree to hold us harmless from any claims that a suspension or termination of products for this reason has damaged you or any claims from a third party that the suspension or termination has damaged them.

SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) describes the level and availability of the Services. The SLA is incorporated by reference into the TOS between you and Lunr. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the TOS in effect between you and Lunr.

Choosing a communication product suite is never easy since your privacy and data is at stake. We know that the availability of the Services and access to your data is of the utmost importance to you and it is something that we take very seriously. This is why we have built SLA to cover the multiple components that keep the Services up and running.

By signing up for Services on the Internet, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present network and power up-time guarantee if you are billed directly by Lunr.

We want you to feel at ease with your decision to purchase Services from us, and to know that we take your communication and data as seriously as you do.

Article 1 – General Terms and Conditions for all Services

1. Account Administration

Lunr provides your designated administrators with access to a dedicated account management tool. Via this tool, you or your designated administrators will be able to change passwords, enable new user accounts and disable old user accounts and other similar management functions.
You are entirely responsible for maintaining the confidentiality of your administrators’ passwords and accounts. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lunr immediately of any unauthorized use of your account or any other breach of security. Lunr will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.

2. Customer Service, Billing and Sales Enquiries

For Customer service, Billing and Sales enquiries, you may contact us via the email form.

3. Systems Support

We provide systems support to your designated administrators. Systems support is defined as support associated with issues/faults with our servers. There are no additional charges for this support (we ask that you please check the Server Status Page on our website before calling our systems support). You may designate up to four, but no more than four, administrators who are authorized to call Lunr’s client support services.

4. End-Users and Custom Support Services

No support to your end-users shall be provided by Lunr unless specifically agreed to in writing by us. Directing your end-users or any third parties that are not administrators to our technical support service will constitute a breach of this SLA. We do offer affiliate agreements for our Services. Additionally, several support services may be provided on an as-needed basis, with separate pricing for each support service or on a per-project basis. Please contact us for details.

5. Migration Services

At your request, Lunr will provide an advance estimate of fees for migration from one system or provider to our Services, based on the information you provide. However, you acknowledge that our Fees will be calculated on the basis of the actual amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services it is possible that we will discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. You acknowledge that there is a risk that data will be lost during a migration and you undertake to create a reliable backup of all data to be migrated prior to the time that Lunr begins the migration. You agree that Lunr will not be liable to you or to any third party for damages resulting from the loss or corruption of your information or third party information as part of the migration.

6. Server Software

We exercise industry standard practices to ensure that software is correctly configured in all material respects. If there is more than one way to configure software, we will choose the configuration that we determine, in our sole discretion, to be the most appropriate. We reserve our rights to install security patches, updates, and service packs, at our sole discretion and only to the extent that such security patches, updates and service packs exist and are beneficial and compatible with our Services. Software updates may change system behavior and functionality and as such may negatively affect your applications. We cannot foresee nor can we be held responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades or other scheduled maintenance. If such disruption or changes occur, we will provide our best efforts to remedy the situation as soon as possible after being notified of the problem by you.

We are not responsible for problems that may arise from incompatibilities between new versions of software and your content, regardless of whether it was a requested, required or discretionary upgrade.

7. Security

Access to our data center and systems is restricted to authorized personnel. We ensure that our employees and contractors are familiar with and understand our policies. We will make our best commercial efforts to protect the security of our systems and services, and the data that resides therein.

8. Data Retention

Lunr shall not be held responsible for retaining any of your data after account termination, unless as expressly provided hereunder. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation or earlier, at our convenience. We shall not restore, provide on any storage media, or otherwise transmit any data pertaining to existing or terminated accounts. Except in the case of termination due to abuse, a window of time for migration, removal, or other handling of data will be provided.

9. Incident Reports, Credits and Refunds

If an incident causes one or several of the Services selected by you to be unavailable temporarily, you may be credited and/or refunded in accordance with the “Service Unavailability Credits” section applicable for each Service.
Lunr SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER FOR SERVICE UNAVAILABILITY OTHER THAN WHAT IS EXPRESSLY PROVIDED IN THE APPLICABLE “SERVICE UNAVAILABILITY CREDITS” SECTIONS HEREIN.
To request a credit and/or a refund for any loss of Service, the client must file a report (an “Incident Report”) within fifteen (15) days of the occurrence of the loss of Service event to [email protected]. This “Incident Report” must contain a detailed description of the Services affected, problems observed and the duration of the event. Before processing any credit request, our accounting team will validate the information you provided in the Incident Report to confirm the loss of Service availability, its timeframe and corresponding credit and/or refund. Credit, if any, will be applied to the next invoice for the affected Service.

10. Maximum Aggregate Credits and Refunds

In any case where credits and/or refunds are granted to a client for a loss of Service, the maximum aggregate cumulative amount of such credits and/or refunds, in any given month for any given Service shall not exceed to total amount of Fees otherwise payable by you for this Service during this month.
You are not entitled to a credit and/or refund if you are in breach of the TOS, the AUP (and any of the documents incorporated therein by reference), including breach of payment obligations, at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit and/or refund if the event giving rise to the credit and/or refund would not have occurred but for your breach of the TOS or AUP (and any of the documents incorporated therein by reference) or your fault or negligence.

11. Previous Versions of This SLA

This version of the SLA supersedes any and all previous versions of the applicable SLA distributed or made available by Lunr, its representatives or agents. The procedure to change this SLA is governed by our TOS.

12. Exclusions

Any circumstance beyond Lunr’s reasonable control, including but not limited to the following conditions, will not be included in email, XMPP and web server availability calculations:

  1. Problem located on the customer’s side, including network/Internet issue, problem with 3rd party application; loss of Service availability due to Network Attacks such as denials of Service;
  2. SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration;
  3. Mail bombing or other flooding attacks;
  4. Software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system;
  5. Problem located outside our control within the Datacenter exploited by Lunr, such as Internet and power availability or any other situation mentioned within this SLA.

13. Service Unavailability Credits

On a per-Service basis, for each month in which the availability is below the target availability of section 5 herein above, Lunr will reduce the amounts due and payable to it relating to such Service for such month by 5%. In addition, for every 1% loss of availability below target availability of section 5 during the same calendar month, Lunr will further reduce the amounts due and payable to it relating to such Service for such month by another 2.5%.

Because of the architecture that Lunr has created to provide the Service, users within an organization may be spread across separate and distinct servers. In the case where one server suffers downtime exceeding the Service level warranty, your organization will be compensated only for the users with accounts on the non-complying server, on a pro-rated basis. Rarely, a Service may be functioning in some areas and not functioning in others. Any of these diminished functioning are not considered downtime and are excluded from availability calculations.

14. Claim Procedure

All requests must be made within seven days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least three “traceroute” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within ten to fifteen days following its reception.

 

Requests for user information

Requests for user account information from Canadian law enforcement should be directed to LUNAR INDUSTRIES INC. at:

INDUSTRIES LUNAIRE INC. (LUNAR INDUSTRIES INC.)

Quebec business number (NEQ): 1178551769
Business # (GST/HST Number) 70915 0346
Legal Representative: Dominic Gingras

Main Address:
4300-800 RUE du Square-Victoria Montréal Québec H4Z1H1 Canada

[email protected]

We will respond to valid legal process issued in compliance with Canadian law.

Private Information Requires a Subpoena or Court Order

Non-public information about Lunr user accounts will not be released to law enforcement except in response to appropriate legal process such as a subpoena, court order, or other valid legal process.

Contents of Communications Are Not Available

Requests for the contents of communications require a valid search warrant from an agency with proper jurisdiction over Lunr . However, our response to such a request will reflect that either the content is not available or that, in very limited instances where a message has not yet been retrieved by the recipient, the content will be limited to scrambled data which is indecipherable.

Will Lunr Notify Users of Requests for Account Information?

We will notify users of requests for their account information prior to disclosure including providing user with a copy of the request, unless we are prohibited by law from doing so.

What Information Can Lunr Supply You With?

Lunr has the following information about User Accounts:

  • Date an account was created
  • Name provided by purchaser and method of billing used (if purchased on behalf of an organization, only the purchaser will have a name associated)
  • username selected
  • Type of device on which such account was installed
  • Date of last use

What Must Be Included in Account Information Requests?

When requesting user account information, you must include ALL of the following:

  • User name (Lunr username) for account being investigated
  • A valid official email address
  • Law enforcement letterhead
  • Description of account information being sought

Service of Process

We do not accept legal process via email unless otherwise ordered by a court of competent jurisdiction.

However law enforcement authorities may notify us of upcoming mail delivery and what to look for to expedite matters.

Production of Records and Authentication

We provide responsive records in electronic format unless otherwise ordered by a court of competent jurisdiction and believe that any records produced in response to a valid law enforcement request are self-authenticating. If you require a declaration, please explicitly note that in your request.

 

Legal Information:

INDUSTRIES LUNAIRE INC. (LUNAR INDUSTRIES INC.)

Quebec business number (NEQ): 1178551769
Business # (GST/HST Number) 70915 0346
Legal Representative: Dominic Gingras

Main Address:
4300-800 RUE du Square-Victoria Montréal Québec H4Z1H1 Canada