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Terms Of Service You, as the client, are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided. As a Web Hosting Provider ("WHP"), we offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations -- and ours -- in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer's respective services agreement (the "Services Agreement"), is intended as a plain English guide to those rights and obligations. The fundamental fact about the Internet is that no one -- neither us, nor anyone else -- owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable or offensive Internet communications. When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both customers and non-customers of ours, customers' postings to the Internet may affect other customers and may harm our goodwill, business reputation, and operations. For these reasons, customers violate our policy and the Services Agreement when they, their affiliates, or subsidiaries engage in the following activities: Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited email. Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer and can involve the WHP in litigation and possible loss of reputation. Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties. Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material. Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law. Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States. Image Repository -- The WHP services are not to be used as a software/image repository. This means you cannot use your account to store images that are pulled from another website. An example of this would be storing images to be pulled from an eBay auction site. Other activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations, or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer's contract with us. We also are aware that many of our customers are, themselves, providers of web hosting services and that customers of those customers or other third parties may have originated information reaching our facilities from those customers. We do not require our customers who offer web hosting services to monitor or censor transmissions created by customers of its customers. At the same time, customers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that customers who offer web hosting services will cooperate with us in any corrective action that we deem necessary in order to correct and prevent the transmission of material that is harmful to our customers or us. Failure to cooperate with such corrective and preventive measures is a violation of our policy. We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile, and voice telephone service; all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure. We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect ourselves as well as our customers from harm, or where such disclosure is necessary to the proper operation of the system. We are not responsible for loss of customer content due to server or hardware failure. We do, however, backup our systems daily but cannot guarantee the content is up-to-date. It is the customer's responsibility to have a full backup of their site. We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement customers indemnify us for any violation of the customer of the Services Agreement or of law or corporate policies that result in loss to ourselves or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement, or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees. We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet. We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions. Note: You are not permitted to have any commercially available software, fixes, patches or electronic media for download on your site. We reserve the right, at any time, to terminate service if we find that you have violated this term. Additionally, should you be found to be in violation of any licensing agreements currently in place, we reserve the right to permanently terminate your service without refund. In English - no download sites. Complaints about violators of our policies should be referred to abuse@ie.ca. Each complaint will be investigated. ------------------------------------------------ Terms and Conditions of Sale The following terms and conditions govern the sale by IE. ("IE"), a Canadian corporation, to Customers of computer related products and services (the "Products") in Canada. By accepting delivery of the Products described on a IE invoice, Customer agrees to be bound by and accepts these terms and conditions. 1. Governing Law. The Terms and all related transactions will be governed by the laws of the Province of Ontario and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province of Ontario. 2. Payment Terms; payment must be received by IE prior to IE's acceptance of an order. Payment for the Products or services will be made by credit card, wire transfer, or some other pre-arranged payment method. 3. Return Policies. IE will not refund purchases of this product. If the customer is not able to use the product due to lack of computer knowledge. The customer may notify IE in writing of this and the amount billed to the credit card can be applied to custom web design services provided by IE. 4. Monthly Fees. The customer agrees that by subscribing to this service that they have authorized IE to bill their credit card in the amount of $19.99 per month for hosting fees. The client also acknowledges that they are required to provide IE 30 days written notice to cancel this service. 5. Cancellation: If the customer cancels the service within the first 90 days of activation there will be a cancellation fee charged to their credit card in the amount of $59.97 less any previously paid monthly fees. 6. Applicable Law; Customer agrees to comply with all applicable laws and regulations of Canada and its provinces. Customer agrees and represents that it is buying for its own internal use only, and not for resale. 7. Entire Agreement. Customer agrees that the Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and IE pertaining to the subject matter of the Terms and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and IE. In the event of a conflict between these terms and conditions of sale and the Guide, these terms and conditions of sale shall govern. 8. Severability. The invalidity or unenforceability of any provision of the Terms or any part thereof shall not affect the validity or enforceability of any other provision thereof and any such invalid or unenforceable provision or part shall be deemed to be severable. 9. Headings. The section headings used herein are for convenience of reference only and do not form a part of the Terms and no construction or inference shall be derived therefrom. 10. Force Majeure. IE shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control. I ACCEPT*
We thank you for taking the time to complete this form. Please be assured that your information will be held confidential and will be used for IntactEarnings' internal purposes only. Once this form is submitted, an IntactEarnings agent will contact you shortly. We look forward to the prospect of developing a relationship together. Sincerely, IntactEarnings, a division of IntactMedia Inc.