Internet-Exposure
Customer Service Agreement
1. AGREEMENT. In this Service
Agreement ("Agreement") "you" and
"your" refer to each customer, "we",
us" and "our" refer to Internet-Exposure
Designs, and "services" refers to the services
provided by us. This Agreement explains our obligations
to you, and explains your obligations to us for various
services. By selecting our Services you have agreed to
establish an account with us for such Services. When you
use your account or permit someone else to use it to purchase
or otherwise acquire access to additional Services or
to cancel your Services (even if we were not notified
of such authorization), this Agreement covers such service
or actions. By using the Services under this Agreement,
you acknowledge that you have read and agree to be bound
by all terms and conditions of this Agreement and any
pertinent rules or policies that are or may be published
by us.
2. DOMAIN NAME REGISTRATION.
We cannot and do not check to see whether the domain name
you select, or the use you make of the domain name, infringes
legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you
seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection
with your domain name. You should be aware that there is
the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should be aware
that if we are sued or threatened with lawsuit in connection
with your domain name, we may turn to you to hold us harmless
and indemnify us.
2.1 We make no representation that the domain name you wish
to register is capable of being registered by or for you
or that it will be registered in your name. You should therefore
not assume registration of your requested domain name(s)
until you have been notified that it has or they have been
registered. Any action taken by you before such notification
is at your risk.
2.2 The registration and use of your domain name is subject
to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of
those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration
charge paid by you to us shall be non-refundable notwithstanding
refusal by the naming authority to register your desired
name.
2.3 We shall have no liability in respect of the use by
you of any domain name; any dispute between you and any
other person must be resolved between the parties concerned
in such dispute. If any such dispute arises, we shall be
entitled, at our discretion and without giving any reason,
to withhold, suspend or cancel the domain name. We shall
also be entitled to make representations to the relevant
naming authority but will not be obliged to take part in
any such dispute.
2.4 We shall not release any domain to another provider
unless full payment for that domain has been received by
us.
3. WEBSITE HOSTING AND
EMAIL
3.1 We make no representation and give no warranty as to
the accuracy or quality of information received by any person
via the Server and we shall have no liability for any loss
or damage to any data stored on the Server.
3.2 You shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you
will use the Web Site allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to us
that.
3.3.1 you will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any
third party, nor will you authorize or permit any other
person to do so.
3.3.2 you will not post, link to or transmit:
(a) Any material, which is unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic, blasphemous,
profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer
program.
(c) Any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade
mark, design right, copyright or any other intellectual
property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
3.3 You shall keep secure any identification, password and
other confidential information relating to your account
and shall notify us immediately of any known or suspected
unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your
password or other security information.
3.4 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation)
and a secure manner.
3.6 In the case of an individual User, you warrant that
you are at least 18 years of age and if the User is a company,
you warrant that the Services will not be used by anyone
under the age of 18 years. If you are under the age of 18
years of age then you must have consent from a parent or
guardian. Those parents will be held responsible, be it
legally of your actions.
3.7 Any access to other networks connected to Internet-Exposure
must comply with the rules appropriate for those other networks.
3.8 While we will use every reasonable endeavor to ensure
the integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorized users or
hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
4. Internet-Exposure
will use its best efforts to maintain a full time Internet
presence for the Account Holder. The Account Holder hereby
acknowledges that the network may, at various time intervals,
be down due, but not restricted to, utility interruption,
equipment failure, natural disaster, acts of God, or human
error. In no event shall Internet-Exposure be liable to
the Account Holder for any damages resulting from or related
to any failure or delay of Internet-Exposure in providing
access to the Internet under this Agreement. In no event
shall Internet-Exposure be liable to the Account Holder
for any indirect, special or consequential damages or lost
profits arising out of or related to this Agreement or the
performance or breach thereof. The aggregate, total liability
of Internet-Exposure under this Agreement, if any, shall
in no event or circumstance exceed the total amount actually
paid by the Account Holder hereunder.
5. INTERPRETATION
Generally, conduct that violates law, regulation, or the
accepted norms of the Internet community, whether or not
expressly mentioned in this Agreement, is prohibited. Internet-Exposure
reserves the right at all times to prohibit activities that
damage its commercial reputation and goodwill.
6. ILLEGAL USE
Internet-Exposure servers may be used only for lawful purposes.
Transmission, distribution or storage of any material in
violation of any applicable law or regulation is prohibited.
This includes, without limitation, material protected by
copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable
content or links: "Pirated software", "Hackers
programs or archives", "Warez Sites", "Irc
Bots", "Mp3". We will be the sole arbiters
as to what constitutes a violation of this provision.
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights,
or other intellectual property rights.
7. SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples
include, but are not limited to the following: unauthorized
access, use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to
any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks. Forging of any TCP-IP packet
header or any part of the header information in an e-mail
or a newsgroup posting.
It is a violation for anyone
who, including but not limited to, employs posts or programs
which consume excessive CPU time or storage space, permits
the use of mail services, mail forwarding capabilities,
POP accounts, or auto responders other than for their own
account; or resale of access to CGI scripts installed on
our servers.
8. SPAMMING
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements,
is expressly prohibited. A user shall not use another site's
mail server to relay mail without the express permission
of the site or distributing, advertising or promoting software
or services that have the primary purpose of encouraging
or facilitating unsolicited commercial E-mail or Spam.
It is contrary to Internet-Exposure policy for customers
to use our servers to effect or participate in any of the
following activities:
To post to any Usenet or other
newsgroup, forum, e-mail mailing list or other similar group
or list articles which are off-topic according to the charter
or other owner-published FAQ or description of the group
or list;
To send unsolicited mass e-mailings,
if such unsolicited e-mailings provoke complaints from the
recipients;
To engage in any of the foregoing
activities using the service of another provider, but channelling
such activities through a Internet-Exposure provided server,
or using a Internet-Exposure provided server as a email
target for responses;
When Internet-Exposure becomes
aware of an alleged violation of its Acceptable Use Policy,
Internet-Exposure will initiate an investigation (within
24-48 hours). During the investigation Internet-Exposure
may restrict Customer 's access in order to prevent further
possible unauthorized activity. If the Customer is found
in violation of our SPAM policy, Internet-Exposure may,
at its sole discretion, restrict, suspend, or terminate
Customer's account and/or pursue other civil remedies.
Also, Internet-Exposure reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. If such violation is
a criminal offence, Internet-Exposure will notify the appropriate
law enforcement department of such violation.
Internet-Exposure does not
issue service credits for any outages incurred through service
disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs
incurred by Internet-Exposure as a result of the customer's
violation of these terms and conditions. This is including,
but is not limited to, attorney fees and costs resulting
from Postmaster responses to complaints from and the cleanup
of unsolicited commercial mailings and/or unauthorized bulk
mailings and/or news server violations. First violations
will result in a Cleanup Fee of $500 and the customer's
account will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of $500 and
immediate termination of the customer's account. The Customer
who violates this policy agrees to also pay Investigation
Fees of no more than $250 per hour that Internet-Exposure
personnel must spend to investigate any violations.
9. FEES, PAYMENT AND TERM.
As consideration for the services you have selected, you
agree to pay us the applicable service(s) fees. All fees
payable hereunder are non-refundable unless we provide otherwise.
As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information
about you as required by the registration process and (2)
maintain and update this information as needed to keep it
current, complete and accurate. All such information shall
be referred to as account information ("Account Information").
You hereby grant us the right to disclose to third parties
such Account Information. The Registrant, by completing
and submitting this agreement represents that the statements
in its application are true and that the registration of
the selected Domain Name and use of the website, so far
as the Registrant is aware, does not interfere with or infringe
upon the rights of any third party. The Registrant also
represents that the Domain Name and the website is not being
used for any unlawful purpose.
10. MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we
may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement.
Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change
to the service(s) on our web site, or on notification to
you by e-mail or regular. If you do not agree with any revision
to the Agreement, you may terminate this Agreement at any
time by providing us with notice by e-mail or regular mail
as per the Notices section of this agreement, Section 21.
Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use
the Services following notice of any revision to this Agreement
or change in service(s), you abide by any such revisions
or changes. You further agree that we, in our sole discretion,
may modify our Dispute Policy at any time. You agree that,
by maintaining the reservation or registration of your domain
name after modifications to the Dispute Policy become effective,
you have agreed to these modifications. You acknowledge
that if you do not agree to any such modifications, you
may request to cancel our services.
11. ANNOUNCEMENTS.
We reserve the right to distribute information to you that
is pertinent to the quality or operation of our services
and those of our service partners. These announcements will
be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited
to the amount you paid for such Service(s). We and our contractors
shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use
or inability to use any of the Services or for the cost
of procurement of substitute services.
Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in
such states, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery
or incorrect data delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from errors,
omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (5) loss or liability
resulting from the development or interruption of your Web
site or email services. The registrant agrees that we will
not be liable for any loss of registration and use of registrant's
domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such
damages. In no event shall our maximum liability exceed
the total amount actually paid by the Account Holder hereunder.
13. INDEMNITY. You
agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement
by you, or someone else using the E-mail Service with your
computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of
any of our operating rules or policy relating to the service(s)
provided. You also agree to release, indemnify and hold
us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened with suit
by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a
breach of your Agreement and may result in deactivation
of your website.
14. BREACH. You agree
that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date
of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration
or reservation of your domain name, terminate your e-mail
accounts, and remove your website without further notice.
Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that,
or any other breach by you.
15. NO GUARANTY. You
agree that, by registration or reservation of your chosen
domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation,
or use of the domain name.
16. DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide
to us to register or reserve your domain name or register
for other Services is, to the best of your knowledge and
belief, accurate and complete, and that any future changes
to this information will be provided to us in a timely manner
according to the modification procedures in place at that
time. You agree that your use of our Services is solely
at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis.
We expressly disclaims all warranties of any kind, whether
express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor
do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the our
e-mail service or that defects in the Services software
will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the
use of the our e-mail service is done at your own discretion
and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results
from the download of such material and/or data. We make
no warranty regarding any goods or services purchased or
obtained through the e-mail service or any transactions
entered into through the e-mail service. No advice or information,
whether oral or written, obtained by you from us or through
the e-mail service shall create any warranty not expressly
made herein. Some jurisdictions do not allow the exclusion
of certain warranties, so some of the above exclusions may
not apply to you.
17. MINIMUM LENGTH OF CONTRACT.
If you choose our design/hosting packages with monthly payment
option, you agree to use our services for the minimum
period of 1 year and subsequently pay all applicable
fees for our services. Terms of your agreement will not
be changed during that period.
18. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force
and effect.
19. NON-AGENCY. Nothing
contained in this Agreement or the Dispute Policy shall
be construed as creating any agency, partnership, or other
form of joint enterprise between the parties.
20. NON-WAIVER. Our
failure to require performance by the Registrant of any
provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or held
to be a waiver of the provision itself.
21. NOTICES. Any notice,
direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or
via regular mail. In the case of e-mail, valid notice shall
only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender,
in the case of notice to us to info@internet-exposure.com
or, in the case of notice to you, at the e-mail address
provided by you in your Affiliate Program application or
as updated from time to time. Mail shall be sent to
Internet-Exposure Designs
Suite 209 - 727 E 7th ave
Vancouver, BC, V5T 1P3
Canada
and to you at the mailing
address provided in your application or as updated from
time to time. Any e-mail communication shall be deemed to
have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery
was made prior to 4:00 p.m. (eastern standard time) and
otherwise on the next business day. Any communication sent
via regular mail shall be deemed to have been validly and
effectively given 5 business days after the date of mailing.
22. ENTIRETY. You agree
that this Agreement, the rules and policies published us
and the Dispute Policy are the complete and exclusive agreement
between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice,
policy or precedent.
23. GOVERNING LAW. This
Agreement shall be governed by and interpreted and enforced
in accordance with the PROVINCE OF BRITISH COLUMBIA and
the FEDERAL LAWS OF CANADA applicable therein without reference
to rules governing choice of laws. Any action relating to
this Agreement must be brought in the PROVINCIAL courts
located in VANCOUVER, BC, CANADA and you irrevocably consent
to the jurisdiction of such courts.
24. LEGAL AGE. You
attest that you are of legal age to enter into this Agreement.
25. ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE
NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THISAGREEMENT.
Print Name:
Full Mailing Address:
Signature:
Date:
Disclaimer
Internet-Exposure designs
makes no representations whatsoever about other web sites
which you may access through your website. When you access
an outside web site, please understand that Internet-Exposure
Designs has no control over the content on that web site.
In addition, a link to a non-Internet-Exposure Designs web
site does not mean that Internet-Exposure Designs endorses
or accepts any responsibility for the content, use, or products
and services made available through such web site.
IN NO EVENT WILL INTERNET-EXPOSURE
DESIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE
WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE
ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION ON THIS AGREEMENT
IS PROVIDED "AS-IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS
DO NOT
ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION
MAY NOT APPLY TO YOU.