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 agree 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, infringeson the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes on the legal rights of others, and in particular we suggest you seek the 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 a 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 available to 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 with respect to 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 with respect to 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 with respect to 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 on any law or regulation or which infringes on 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, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may exist 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 in 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 who will be held responsible for 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 effort 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.
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, 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.
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". Internet-Exposure 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 Internet-Exposure's servers.
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. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or Spam is expressly prohibited.
It is contrary to Internet-Exposure policy for customers to use our servers to effect or participate in any of the following activities:
a. 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;
b. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
c. 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;
8.2 When Internet-Exposure becomes aware of an alleged violation of its Acceptable Use Policy, Internet-Exposure will initiate an investigation (within 48 hours). During the investigation, Internet-Exposure may restrict the Customer's access in order to prevent further 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.
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.
8.3 Internet-Exposure does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
8.4 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. In 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 specify 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 mail. 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 or 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 email@example.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
Suite 209 - 727 E 7th Ave
Vancouver, BC, V5T 1P3
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.
Full Mailing Address:
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.