Terms and Conditions
1. This Agreement between Positive E Solutions Inc. ("Service Provider") and the Customer is entered into subject to the following terms and conditions.
2. The Domain Name you have requested is bound by the terms of the registrar.
3. The Service Provider reserves, and customer specifically agrees to, the right for Service Provider to immediately and permanently discontinue service in the event that, in the sole opinion of Service Provider, the domain name issued to the customer is included, or associated with, "email spamming," pyramid marketing, mass mailings (unsolicited and/or solicited), adult material, nudity in any form, warez or links to warez material, or any other use that in the sole opinion of Service Provider, is considered a misuse of service.
4. The Service Provider makes no warranties of any kind; expressed or implied, for the services it is providing and use of the Service Providers services are solely at the customer's own risk.
5. Parts of the Internet through which the Service Provider is connected may periodically experience downtime. The Internet is not maintained by any one organization or entity, and therefore the Service Provider cannot guarantee access to services outside of its control at any given time.
6. As the customer, you expressly agree to hold harmless and indemnify Service Provider, its employees, directors, owners, agents and associates free from any and all liabilities for any losses, damage or delay, including revenue, profits, business losses, and any direct, indirect, incidental, special or consequential or punitive damages resulting from delays, non-deliveries, misdirected data, service interruptions, computer failures, Acts of God, power black-outs, civil unrest, war, lightning, interruptions caused by its own negligence or errors or omissions, the use, non-use or inability to use, or your customers' use, non-use or inability to use any of the services requested from Service Provider.
7. All accounts and services offered by Positive E Solutions Inc. either advertised or non-advertised are prepaid. No service shall be delivered to any customer at any time without prior payment for that service.
8. Either party may terminate this agreement by giving the other party 30 days written notice. Notice may be given by E-mail.
9. The Service Provider may terminate service under this agreement at any time and without refund if the Customer fails to comply with the terms of this agreement, including non-payment.
10. It is the Customer's sole responsibility to retrieve all personal files from the Service Provider's servers before requesting account termination or allowing the account to expire. Accounts, which are allowed to expire, will be automatically suspended. It will not be possible to retrieve files from a suspended account.
11. Any account, which remains suspended for 30 days, will be removed from the system, including all files and other contents belonging to the account.
12. The customer warrants the truth of all factual assertions and implications there from any web site produced or published and that the customer is authorized and/or entitled to use any picture or illustration or advertise the business, profession, service, product, Trade Mark or Trade Name appearing or described in the said web site and the customer hereby agrees to indemnify and hold harmless the Service Provider from and against any and all controversies, claims, demands, suits, damages or causes of action (including all legal costs on a solicitor-and-own-client basis incurred in connection therewith) based upon the said web site which may, or may be alleged to, infringe upon any Trade Mark, Trade Name, copyright, or such other rights, or give rise to any other liability at law.
13. The customer shall ensure that its use of the Service Provider's network services shall not disrupt the Service Provider, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, the Service Provider reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any of the Service Provider's users or to any directly or indirectly attached network. Use of the Service Providers connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by the Service Provider shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of the Service Provider's service, the Service Provider's equipment or any site hosted on any of the Service Provider's networks.
14. Although all hosting plans permit unlimited data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
15. This Agreement shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, without respect to its conflict of law rules.
16. The customer agrees that they are solely responsible for the accuracy of the information on their web site. The opportunity will be given for each customer to proof read their site prior to uploading of the files to the server for public viewing. Any controversy, claims, demands, suits, damages or causes of action resulting from inaccuracies remain the responsibility of the customer.
17. These terms and conditions apply to all domains, web sites and mail customers hosted with Positive E Solutions Inc. or a Positive E Solutions Inc. hosted customer or any domain hosted on or connected to our servers.
18. Use of Positive E Solutions Inc.'s hosting services constitutes agreement of our Hosting Terms and Conditions found above.