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This Agreement covers the
terms and conditions under which CanmoreAlberta.com Ltd. provides web-hosting
services to the agreeing party transacting for this service ("Client").
As an organization or individual applying for web-hosting services from the
agency of CanmoreAlberta.com Ltd., the Client accordingly agrees to the following:
1. TERMINOLOGY
In the Agreement, "we",
us" and "our" refer to CanmoreAlberta.com Ltd. "you"
or "your" refers to the Client.
2. SERVICES
The "Service"
contracted for in this agreement is web-hosting. Web-hosting is the provision
of a location on the Internet where client website(s) information is stored
for public access.
3. FEES
As consideration for the
Services, you agree to pay to us all fees (including applicable taxes) as
specified for the Service. All
fees payable hereunder are due upon receipt of your invoice from us and are
non-refundable. Domain Hosting Basic Fees will be invoiced annually, thirty
(30) calendar days prior to the applicable term, and will be based on the
number of domains hosted at that time. All additional Service fees, will be
invoiced monthly on the last day of the month in which they occurred.
4. ACCURACY OF INFORMATION
As further consideration
for the Services, you agree to:
(i) provide current, accurate
and complete information about you ("Account Information"), and
(ii) maintain and update this information as needed to keep it current, complete
and accurate.
You, by transacting for
this Service represent that your Account Information is accurate and complete.
5. TERM OF AGREEMENT
You agree that this Agreement
will remain in full force during the period paid for by you. Under usual circumstances,
either party may cancel the service with thirty (30) days notice to the other
party.
6. 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 service provided under this Agreement. Any such
revision or change will be binding and effective immediately on notification
to you by e-mail or regular mail as per the Notices section of this agreement.
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. Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use the Service following
notice of any revision to this Agreement or change in service, you shall abide
by any such revisions or changes.
7. SITE LEGITIMACY AND LEGAL USE
You represent that, to the
best of the your knowledge and belief, the domain names used with this Service,
nor the manner in which they are directly or indirectly used infringes the
legal rights of any party, and that the web-site is not being used for unlawful
purposes.
You further agree, unless
otherwise authorized by us in writing, not to use the Services to deliver
pornographic materials, as defined in our sole discretion, including, but
not limited, to video or images of naked or semi-naked people, or people appearing
in sexual situations. If, in our opinion you have used the Services for this
purpose, we reserve the right to immediately terminate Services.
You further agree not to
use the Services to deliver unsolicited bulk e-mail ("spam"). If,
in our opinion you have used the Services for this purpose, we reserve the
right to immediately terminate Services.
8. ANNOUNCEMENTS
We reserve the right to
distribute information to you that is pertinent to the quality or operation
of our services. 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.
9. LIMITATION OF LIABILITY
You agree that our entire
liability, and your exclusive remedy, with respect to any Service(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/or 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 jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, 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 data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You agree
that we will not be liable for any loss of registration and use of your domain
name(s), 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.
10. 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,
from claims by third parties, including but not limited to events 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 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.
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 cancellation of your Service.
11. TRANSFER OF SERVICE
There is no provision to
transfer the service to another party under this Agreement. Where a transfer
of Service to another party occurs, it is deemed to have occurred by the original
parties to this Agreement canceling the Agreement, and the new parties entering
into a new Agreement.
12. BREACH
You agree that failure to
abide by any provision of this Agreement, 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 cancel
Service. 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.
13. DISCLAIMER OF WARRANTIES
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
disclaim all warranties of any kind, whether expressed 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 Service or that defects
in the Service will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions
entered into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any warranty
not expressly made herein.
14. INFORMATION
As part of the registration
process, you will be required to provide us with personal information, and
to update us promptly as such information changes such that our records are
current, complete and accurate. We may also collect voluntary information
to help us improve the products and services offered to you. Despite our best
efforts to disclose this information, we do not warrant that the registration
process will identify what information is mandatory and what is voluntary.
15. DISCLOSURE AND USE OF REGISTRATION
INFORMATION
For the purpose of the Service
in this Agreement, we do not generally need to disclose information to other
parties. However, you agree and acknowledge that we may make the information
available to other parties as per our Privacy Policy, including, but not limited to
law enforcement agencies in Canada or elsewhere, as requested by them.
You hereby irrevocably waive
any and all claims and causes of action you may have arising from such disclosure
or use of your information by us.
We will take reasonable
precautions to protect the information we obtain from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of that information.
16. REVOCATION
Your willful provision of
inaccurate or unreliable information, your willful failure to promptly update
information provided to us, or your failure to respond for over fifteen calendar
days to inquiries by us concerning the accuracy of contact details associated
with the this Agreement shall constitute a material breach of this Agreement
and be a basis for cancellation of the Service.
17. RIGHT OF REFUSAL
We, in our sole discretion,
reserve the right to refuse Service within ninety (90) calendar days from
receipt of your payment for such services. We agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages that
may result from our refusal to provide Service.
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 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 you 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. 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.
MST, otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us shall be sent to:
- CanmoreAlberta.com Ltd.
606 Seventh Street
Canmore, Alberta T1W 2V8
and in the case of notification
to you shall be to the address specified in our records as your "Account
Information".
22. ENTIRETY
You agree that this Agreement,
the rules and policies published by us are the complete and exclusive agreement
between you and us regarding our Services. This Agreement supercedes 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 laws of the
Province of Alberta and the laws of Canada applicable therein without reference
to rules governing choice of laws. Any action relating to this Agreement must
be brought in the Province of Alberta, and you irrevocably consent to the
jurisdiction of such courts.
24. INFANCY
You attest that you are
of legal age to enter into this Agreement.
25. TRANSFERABILITY
Should CanmoreAlberta.com
Ltd. be legally separately incorporated, acquired, taken over or merged with
another company, the new entity will be deemed to have taken over all responsibilities
of CanmoreAlberta.com Ltd.with regards to this contract, with the contract
remaining in full force and effect.
26. 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 THE SERVICE AND ARE NOT RELYING
ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
_____________________________ _____________________________
CanmoreAlberta.com Ltd.
Client
___________________________________
___________________________________
Date:
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