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1. SERVICE DESCRIPTION
The Vendor provides various services to its
customers for a fee. These services include,
but are not limited to Internet services such
as domain hosting, web-site hosting and electronic
mail services. To receive such services a
customer account must be established with
the Vendor and any initial or setup fees must
also be paid. The Vendor reserves the right
to refuse service to anyone at any time for
any reason.
2. SERVICE USAGE
A. Legal Parameters: This service may be
used only for lawful purposes and the usage
of the service in connection with or adjunct
to any matter or thing which violates any
foreign, municipal, state, county or federal
statute or regulation is prohibited. Customer
agrees to indemnify and hold harmless the
Vendor from and against any and all claims,
actions, causes of actions, administrative
or government action, losses or damages (including
legal fees and expenses) arising from the
usage by the Customer.
B. Unilateral Service Revocation: In the
event that the Vendor, at any time, believes
that the service is being used by the Customer
in contravention of the terms and provisions
of this contract, the Vendor may, at its sole
discretion, immediately discontinue such service
to Customer without liability.
3. NO WARRANTIES
With respect to the service to be provided
hereunder, the customer acknowledges that
the Vendor makes absolutely no warranties
whatsoever, express or implied, including
warranty of merchantability or fitness of
this service for a particular purpose. As
a result, the customer agrees that the Vendor
shall not be liable to the customer for any
claims or damages which may be suffered by
the customer, including, but not limited to,
losses or damages of any and every nature,
resulting from the loss of data, inability
to access Internet, or inability 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 the Vendor. The customer hereby agrees
to indemnity and hold harmless the Vendor
from any and all claims of whatever nature
brought by any of Customers customers against
the Vendor.
4. USE OF INFORMATION
The utilization of any data or information
received by customers from the utilization
of the service to be provided by the Vendor
is at the customer's sole and absolute risk.
the Vendor specifically disclaims and denies
any responsibility for the completeness, accuracy
or quality of information obtained through
the services provided to the customer.
5. DOMAIN NAME
If the Vendor shall acquire an Internet Domain
Name on behalf of the customer, then in such
case the Customer hereby waives any and all
claims which it may have against the Vendor
for any loss, damage, claim or expense arising
out of, or in relation to, the registration
of such Domain Name in any on-line or off-line
network directories, membership lists or registration
lists, or the release of the Domain Name from
such directories or lists following the termination
of services by the Vendor for any reason.
Any costs incurred by the Vendor in obtaining
or maintaining a domain name for Customer
shall be immediately reimbursed to the Vendor
upon invoice from the Vendor to the customer.
6. SERVICE FEES AND INVOICING
Customer shall pay any initial fees set forth
by the Vendor prior to the commencement of
service. In addition, the Customer shall be
charged for an initial three (3) month period
of service. In the event that Customer shall
fail to pay for such services in advance of
that three (3) month period, then the Vendor
shall be entitled to unilaterally terminate
this agreement and discontinue the service
of Customer or the applicable account for
which payment has not been received. The indemnification
and limits of liability provisions of paragraphs
2 and 3 shall survive any such termination.
Upon payment of the charges due hereunder,
the Vendor may, at its sole discretion, re-institute
service, at which time all terms and conditions
of this contract shall continue in full force
and effect. Any service disconnection or suspension
may require a re-connect fee, the amount of
which is set at the sole discretion of the
Vendor.
7. CUSTOMER SUPPORT
Support issues must be initiated through
the electronic forms located in the Technical
Support Center available at the Vendor's website.
The Vendor will make a diligent effort to
resolve issues related to services provided
to a customer, but does not guarentee to provide
a solution for every issue raised. The Vendors
services are provided "as-is" under the warranty
stated in paragraph three (3) of this agreement.
8. CANCELLATIONS
Any cancellation of services must be requested
by written notice delivered in person or through
the regular postal service. Cancellations
may also be accepted by telephone, email or
other electronic forms of communication providing
that the Vendor is satisfied regarding the
Customer's identity. In the event that the
Vendor cancels a Customer's service due to
violation of these Terms and Conditions by
the Customer, the Vendor retains the sole
right to determine the amount of, if any,
refunds that are returned to the Customer.
In the event that the Customer wishes to cancel
their service for any reason, notice must
be given to the Vendor at least 24 hours prior
to the actual date of cancellation.
9. PAYMENTS
Customer accounts are paid by charging the
Customers credit card on a regular recurring
basis. Accounts are normally billed for periods
of 3, 6 or 12 months prior to, on or shortly
after the beginning of the billing period.
At the end of a given billing period we will
apply the recurring billing charges for the
next billing period without prior warning
or invoicing. The Customer will be sent a
statement detailing any charges as part of
our regular billing process. The Customer
accepts that payments will be made on a regular
recurring basis against the credit card information
that the Vendor will keep on file for the
Customer account. It is the responsibility
of the customer to provide the Vendor with
a valid card number that can be legally used
to pay for the services. Fraudulent use of
credit card data is a violation of the Terms
and Conditions and will result in immediate
service termination as well as criminal prosecution.
The Vendor may accept payment on other forms
than credit cards, however any alternate forms
of payment must be approved by the Vendor.
The Vendor has sole rights to determine which
forms of payment are considered acceptable.
10. SCOPE OF AUTHORITY
Customer has no authority, apparent or otherwise,
to contract for, or on behalf of the Vendor,
or in any other way legally bind the Vendor
in any fashion, nor shall Customer be authorized
to make any representations about the Vendor
or its services other than to reiterate to
its Customers the Vendor's responsibilities
as outlined in this agreement.
11. CHANGES IN TERMS OF AGREEMENT
The Vendor reserves the right to make changes
to the above terms and conditions of this
agreement. The Customer agrees to monitor
the Vendor's website for notice of changes
in this agreement on regular basis. Changes
in monthly service fees shall become effective
only at the end of the customers current billing
period for which the customer has prepaid.
Utilization of the service by the Customer
and/or its customers following the effective
date of such change shall constitute acceptance
by Customer of such change(s) in terms.
12. DISPUTES
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Venue: Should any dispute arise under
the terms of this contract, the parties
agree that venue for resolution of said
dispute shall be Edmonton, Alberta, Canada.
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Attorney's Fees and Expenses: Should
any legal action be instituted to enforce
the terms and conditions of this agreement,
if the Vendor shall be the prevailing
party, the Vendor shall be entitled to
recover reasonable attorney's fees and
expenses incurred at both the trial and
appellate levels.
13. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement
between the Vendor and the Customer, and represents
the complete and entire understanding of the
parties with respect to the subject matter
of this agreement. This instrument supersedes
any other agreement or understanding between
the Vendor and the Customer, 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 and
the agreement, which it evidences, shall remain
in full force and effect.
General
The Internet is a voluntary association of
users interested in and willing to exchange
information and data with other Internet users.
At present there is no oversight group providing
governance over the principles, policies or
procedures for use of the Internet or the
information and data accessed via the Internet.
In order to facilitate their contractual
relationship the Customer and the Vendor wish
to define a working protocol of principles
and policies and establish operating guidelines
and acceptable standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of
the Internet by the Customer
Responsibility and Respect - The Internet
is a network intended for use by mature, adult
users. The Customer recognizes this principle
and undertakes at all times to act with respect,
courtesy and responsibility, giving due regard
to the interests and rights of other Internet
users. This general guideline carries with
it the following specific responsibilities:
a) Knowledge of the Internet - The
Customer agrees to obtain a basic knowledge
of the Internet and its operating principles
and procedures.
b) Improper Uses - The Customer
will avoid violation of certain generally
accepted guidelines on Internet usage such
as restrictions on mass mailings and mass
advertisements, pirating or copying of software,
mail bombing or other methods of attempting
to deny service or access to other users,
and attempts to violate security.
c) Unsolicited Commercial Email
- The Vendor strictly prohibits Unsolicited
Commercial Email, also known as "spam".
This includes using our network to distribute
unsolicited bulk email or using any outside
network to send bulk email advertising your
site on the Vendor servers or offering bulk
email software or bulk email services to
any other persons or any other activity
promoting, aiding or otherwise enabling
the transmission of bulk email. The Vendor
reserves the right to immediately terminate
any customer account associated with unsolicited
email and no refund will be issued for any
unused service fees. The Vendor reserves
the right to determine if any particular
activity is in violation of this policy.
d) Compliance with Laws - The Customer
will ensure that their use of the Internet
complies with all applicable federal, state
and local law and regulation, including
but not limited to those principles of law
which protect against compromise of copyrights,
trade secrets, proprietary information and
other intellectual property rights, libel
or defamation of character, invasion of
privacy, tortuous interference, and export
of technical or military data to prohibited
countries.
e) Validation of Information - The
Customer is responsible for validating the
integrity of the information and data it
receives or transmits over the Internet.
f) Security - The Customer is required
to protect the security of its Internet
account and usage. The Customer(s) password
will be treated as private and confidential
and not disclosed to or shared with any
third parties.
g) Discretion and Judgement - The
Customer is expected to use discretion in
the treatment and handling of Internet information
and data and to take particular care to
insure that adult information is not transmitted
to juvenile users of the Internet.
h) Pornography - Due to legal and
social issues, we will not accept any customers
who publish, store or otherwise process
pornographic material. If an existing customer
violates this principle, the Vendor reserves
the right to immediately terminate the Customer's
account and no refund will be issued for
any unused service fees. Material deemed
to be pornographic is the sole discretion
of the Vendor, with due regard to the laws
of Alberta, Canada.
i) Excessive Service Usage - Customers
are restricted from using excessive amounts
of CPU processing, network bandwidth or
other resources provided by the Vendor.
Judgements of excessive usage are determined
solely by the Vendor and will be considered
in comparison to other the Vendor customers
using similar services andy paying the Vendor
similar rates. the Vendor will contact customers
with resource intensive requirements and
attempt to accommodate such needs. In the
case that an agreement cannot be made to
the satisfaction of both the Vendor and
the customer, and that the customer continues
to use excessive resources, the Vendor reserves
the right to immediately terminate any customer
account associated with excessive resource
usage.
j) Notice of Termination - The Vendor
has the right to suspend or terminate any
service without prior notice or warning.
If the terms and conditions or the general
usage policies are violated in any way we
reserve the right to immediately terminate
the service without prior warning or notice.
No refunds are issued for terminated services.
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