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 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.
4.SERVICE INTERRUPTION
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.
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". 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.
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. 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 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.