I. Utilization of Customer Data
Through its ongoing operations, Provider may inadvertently receive information in the form of domain names, credit card numbers, business plans, and application designs which the parties consider to be proprietary and confidential of both Provider’s Customers as well as the customers/end users of Provider’s Customers. Unlike other hosting providers that “may share customer information with selected parties”, Provider will never share customer data or communications with any party outside of Provider without Customer’s knowledge beforehand — except if Provider has justification for disclosing said data or communications for purposes of making contact with, bringing legal action against, or identifying an individual or entity believed to cause interference or harm to the property or rights of Provider and/or its Customers, or innocent bystanders. In addition, Provider will use Customer data to communicate information deemed worthy of Customer attention such as system information and reserves the right to communicate with Customers regarding current or future Provider products/services. Customer data or communications will also be disclosed if required by law or deemed appropriate to protect the interests of Canhost Inc or its Customers.
If Provider needs to contact Customer due to violations of Provider’s Acceptable Use Policy brought on by the customer/end user of Provider’s Customer, Provider will first attempt to contact Provider’s Customer — not the customer/end user of Provider’s Customer. If Provider’s Customer does not respond and the situation harms the integrity of Provider’s network in any way whatsoever, Provider reserves the right to contact the customer/end user of Provider’s Customer directly. Both Provider and Provider’s Customer will protect the confidential material and information that may be disclosed between Provider and Provider’s Customer. Therefore, both Provider and Provider’s Customer agree as follows: I. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to Provider or Provider’s Customer, whether or not owned or developed by Provider or Provider’s Customer, which is not generally known other than by Provider or Provider’s Customer, and which Provider or Provider’s Customer may obtain through any direct or indirect contact with each other.
Confidential Information includes without limitation business records and plans, customer lists and records, trade secrets, technical information, products, inventions, product design information, pricing structure, discounts, costs, computer programs and listings, source code and/or object code, copyrights and other intellectual property, and other proprietary information.
II. PROTECTION OF CONFIDENTIAL INFORMATION.
Both Provider and Provider’s Customer understand and acknowledge that the Confidential Information has been developed or obtained by Provider or Provider’s Customer by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Provider or Provider’s Customer which provides Provider or Provider’s Customer with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, Both Provider and Provider’s Customer agree to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of the other party. In addition, both Provider and Provider’s Customer agrees that:
- No Copying/Modifying. Neither Provider nor Provider’s Customer will copy or modify any Confidential Information without the prior written consent of the other party.
- Application to Employees. Further, neither Provider nor Provider’s Customer shall disclose any Confidential Information to any employees of the other party, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the relationship formed between Provider and Provider’s Customer. Each permitted employee of one party to whom Confidential Information is disclosed shall sign a non-disclosure agreement at the request of the other party.
- Unauthorized Disclosure of Information. If it appears that either Provider or Provider’s Customer has disclosed (or has threatened to disclose) Confidential Information in violation of this Privacy Statement, the non-violating party shall be entitled to an injunction to restrain the violating party from disclosing, in whole or in part, the Confidential Information. The non-violating party shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
III. RETURN OF CONFIDENTIAL INFORMATION.
If Provider’s Customer has violated the Privacy Statement of Provider or vice versa, the violating party shall return to the violated party all written materials containing the Confidential Information upon the written request of the violated party. The violating party shall also deliver to the violated party written statements signed by the violating party certifying that all materials have been returned within five (5) days of receipt of the request.
IV. LIMITED LICENSE TO USE.
Neither Provider nor Provider’s Customer shall acquire any intellectual property rights under this Privacy Statement except the limited right to use set out above. Provider and Provider’s Customer acknowledge that, as between Provider and Provider’s Customer, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the respective party who was originally granted the rights, even if suggestions, comments, and/or ideas made by Provider or Provider’s Customer are incorporated into the Confidential Information or related materials during the period of this Privacy Statement.
V. GENERAL PROVISIONS.
This Privacy Statement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Privacy Statement shall be construed under the laws of the Province of British Columbia Canada. This Agreement shall not be assignable by either party, and neither party may delegate its duties under this Privacy Statement, without the prior written consent of the other party. The confidentiality provisions of this Privacy Statement shall remain in full force and effect after the effective date of the time Provider’s Customer signs up for products and/or services from Provider.
Security of Data
Canhost Inc has enacted electronic, physical and internal operation policies for the protection, alteration, misuse or loss of data which has been collected from customers.
Opt Out & Modifications
While Customers are not permitted to opt out of receiving communications essential for network utilization or information deemed vital for account management, Customers are permitted to opt out for purposes of receiving marketing information.
Data Center Video Surveillance
Canhost utilizes Video Surveillance throughout the private data center, entrances, exits, within man traps and throughout corridors and common hallways. These images are available to affected parties at a recovery rate of $100 per hour, two hours minimum paid in advance upon request. Only the requesting party images will be released for the times specified. A request must be made in writing to email@example.com and include the fore mentioned advance payment, a 8 X 4 image of the requesting party and include times the party was photographed. Canhost may provide footage of any unlawful act to authorities at their discretion.