| General:
The terms that follow exist to maintain
the integrity of all services provided
by Outbox Hosting. By ordering an account
from Outbox Hosting, you are agreeing
to each of the terms listed below:
This Agreement, is made and entered by
Outbox Hosting, herein referred to as
("Provider"), and you, referred
to in this document as ("User").
Outbox Hosting reserves the right, in
its discretion, to change or modify all
or any part of this Agreement at any time,
effective immediately upon notice published
on the Service. You're continued use of
the Service constitutes your binding acceptance
of these terms and conditions, including
any changes or modifications made by Outbox
Hosting as permitted above. If at any
time the terms and conditions of this
Agreement are no longer acceptable to
you, you should immediately cease all
use of the Service.
A. Indemnification and Relationship
of Parties
1. User agrees to indemnify and hold
Provider harmless from any lawsuit, claim,
charge, or expense, including reasonable
attorney fees and costs of defense, for
any matter arising from or relating to
User's Website provided hereunder.
2. Nothing contained herein shall be
deemed to create a relationship between
the Provider and User in the nature of
a partnership, joint venture, editor/publisher
or otherwise. Both parties acknowledge
and agree that Provider has no interaction
with the data or substance of User's Website.
3. User agrees to indemnify and hold
Provider harmless from any lawsuit, claim,
charge, or expense, including reasonable
attorney fees and costs of defense, for
any matter arising from or relating to
Provider's use of any domain name.
B. Payment for Service
1. User agrees to pay the charges agreed
to during the initial signup request on
or before the first day of the anniversary
of account setup each month following
execution of this agreement, together
with any additional charges, costs or
assessments made by Provider under the
terms hereof.
2. User agrees payment not received within
10 days of said renewal date shall be
considered late and service may be suspended.
3. User agrees payment not received within
15 days of said renewal date shall be
considered in default and service shall
be terminated.
4. User agrees that any and all unpaid
balance due hereunder shall bear interest
at the rate of 18% per annum, and that
costs of collection, including court costs
and reasonable attorney fees shall be
added as principal amounts to such balance.
5. User agrees to pay a $30 processing
fee for any returned cheques, for whatever
reason.
C. Refusal of Service
Outbox Hosting reserves the right to
refuse or cancel service at its sole discretion.
Failure to follow any terms or conditions
established by Outbox Hosting may result
in immediate termination and forfeiture
of any refund agreements.
D. Content
1. The Provider believes in freedom of
speech. As long as the User's content
does not break any Federal, State, Canadian,
Provincial or local laws it will be allowed
to exist on the User's Website.
2. User is responsible for any content
they place on their web site, or transfer
by any other means using hardware and
or bandwidth belonging to the Provider.
3. The Provider reserves the right to
remove any page(s) at any time without
notice.
You shall not post on the Service any
Content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing
or threatening, (b) contains viruses or
other contaminating or destructive features,
(c) violates the rights of others, such
as Content which infringes any copyright,
trademark, patent, trade secret or violates
any right of privacy or publicity, or
(d) otherwise violates any applicable
law.
E. Use of Service
1. User agrees to maintain its site in
a manner consistent with any and all applicable
laws, regulations, acceptable uses and
standards in effect, or which become in
effect, during the term hereof.
2. User agrees to practice common courtesy
in its use of the site, and to refrain
from using any distribution lists for
electronic mail or other techniques for
unsolicited mass mailing.
3. User agrees to keep their contact
email address with Provider current at
all times, and agrees Provider has no
liability for lost or undelivered email
messages concerning the status or payment
due for User's account.
4. User agrees to comply with the wishes
of the Provider in regards to practices
that may hinder the ability of other Outbox
Hosting customers to use the Provider's
services.
F. Term of Contract and Termination
This agreement shall have an initial
term of one month from the date of execution
hereof, unless otherwise specified by
sign up request. Upon expiration of such
term, this agreement shall automatically
renew for successive equivalent periods,
unless notice is given by either party
of its intent to terminate the agreement,
at least one week prior to the scheduled
termination date. All terms and conditions
of this agreement shall be in full force
and effect during all original and renewal
periods hereunder. If User does not notify
Provider of cancellation request at least
7 days in advance of date of execution,
the User will be responsible for the payment
due for the next equivalent period.
G. LIMITATION ON LIABILITY.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER
OPERATION OF YOUR WEBSITE AND/OR CONDUCT
OF YOUR BUSINESS AND ALL OTHER MATTERS
UNDER YOUR CONTROL. IN NO EVENT SHALL
OUTBOX HOSTING BE LIABLE TO YOU FOR ANY
DAMAGES ARISING FROM OR RELATED TO YOUR
OPERATION OF YOUR WEBSITE AND/OR BUSINESS
OR FAILURE TO OPERATE YOUR WEBSITE AND/OR
BUSINESS.
THIS SECTION APPLIES TO ALL CLAIMS BY
YOU OR YOUR END USERS IRRESPECTIVE OF
THE CAUSE OF ACTION UNDERLYING THE CLAIM,
INCLUDING, BUT NOT LIMITED TO, BREACH
OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED
TO NEGLIGENCE, STRICT LIABILITY, FRAUD,
AND/OR MISREPRESENTATION.
REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION, YOU AGREE
THAT IN NO EVENT WILL OUTBOX HOSTING,
OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OR LICENSORS, OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SERVICES, TECHNOLOGY,
OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"),
BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(A) FOR ANY DECISION MADE OR ACTION OR
NON-ACTION TAKEN BY YOU IN RELIANCE UPON
THE INFORMATION PROVIDED THROUGH THE SERVICES;
(B) FOR LOSS OR INACCURACY OF DATA OR,
COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF REVENUES, LOSS OF PROFITS OR
LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION
OR SIMILAR ACTION, EVEN IF OUTBOX HOSTING
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY
OF OUTBOX HOSTING AND THE AFFILIATES,
ARISING FROM OR OTHERWISE RELATING TO
THIS AGREEMENT (REGARDLESS OF THE FORM
OF ACTION OR CLAIM) IS LIMITED TO ANY
AMOUNTS YOU HAVE PAID TO OUTBOX HOSTING
DURING THE ONE (1) MONTHS PRIOR TO THE
ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
Outbox Hosting reserves the right to
add to and change this agreement at any
time without notice.
Violations of these Acceptable Uses Policies
should be referred to info@outbox.ca.
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