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Acceptable Use Policy
This User Agreement (the "Agreement") governs the terms of the use by Client
of services offered by CF Marketing D.B.A. Nexxus Internet Services
("Provider"). Client agrees to receive access to the (Virtual
Server) (Virtual Hosting) services according to the following terms
and conditions: 1.
Selection
of Service Plan. Client will select one of the service
plans offered by Provider, and agrees to receive services according to
the service plan selected. 2.
Payment
for Services. Client will be charged a setup
fee for the selected service plan when initiated. Server
services are payable monthly in advance. Hosting Services are
payable quarterly in advance. Server Clients will be invoiced monthly
on the first day of each month. Hosting Clients will be invoiced
quarterly on the first day of each calendar quarter. Terms are Net 7
days from date of invoice. If this Agreement is terminated prior to
the end of the billing period, the Client will be obligated to pay for
only the pro rata portion of the service plan charge for the period.
Any monies paid by the Client to the Provider for services not
received will be refunded. 3.
Term.
This Agreement may be terminated by Client or Provider at any time
upon 30 days notice written notice. If either party is in default
under this Agreement (including nonpayment), then the non-defaulting
party may also immediately terminate the Agreement without prior
notice to the other party. 4.
Compliance
with Law. Client will use the services offered by Provider in a manner
consistent with all applicable local, state and federal laws and
regulations. 5.
File
Back-up. Provider is not responsible for Client's files residing on
Provider's servers. Client is solely responsible for independent
backup of data stored on Provider's servers. 6.
Prohibition
of Publication of Certain Material. Client shall not
knowingly or unknowingly submit to Provider for publication any of the
following material (including pictures, links, or any other content): ·
any
material which violates or infringes any copyright, trademark, trade
secret, patent, statutory, common law or other proprietary rights of
others; ·
any
material that is libelous or slanderous; ·
any
material which is or contains anything obscene or pornographic; or ·
distribution
lists to be used via unsolicited electronic mail or other mass
electronic mailings. Due
to the public nature of the Internet, all material submitted by Client
for publication will be considered publicly accessible. Provider does
not screen in advance Client's material submitted to Provider for
publication. Provider's publication of material submitted by Client
does not create any express or implied approval by Provider of such
material, nor does it indicate that such material complies with the
terms of this Agreement. 7.
Network
Abuse. Client at all times will use their service in accordance with
generally accepted Internet use practices. Specifically, Client may
not use services provided by Provider to perform any of the following: 8.
DISCLAIMER
OF WARRANTIES. Providers service is provided on an
“as is, as available” basis. Provider specifically disclaims any
other warranty, expressed or implied, including any warranty of
merchantability or fitness for a particular purpose. In no event shall
Provider be liable for any consequential, indirect, special or
incidental damage, even if Provider has been advised by Client of the
possibility of such potential loss or damage. If Provider’s service
to Client is disrupted or malfunctions for any reason, Provider shall
not be responsible for losses of income due to disruption of service
beyond then fees paid by Client to Provider for services, during the
period of disruption or malfunction. 9.
Limitation/Disclaimer
of Liability. Provider is not liable for protection
or privacy of electronic mail or other information transferred through
the Internet or any other network Provider or its customers may
utilize. Provider does not represent or warrant to Client that Client
will receive continual and uninterrupted service during the term of
this Agreement. In no event shall Provider be liable to Client for any
damages resulting from or related to any failure or delay of Provider
to provide service under this Agreement if such delays or failures are
due to strikes, riots, fire, inclement weather, acts of God, theft or
vandalism or other causes beyond Provider's control, as defined by
standard practices in the industry. Such failure or delay shall not
constitute a default under this Agreement. 10.
Indemnity.
Client agrees to defend, indemnify and hold Provider harmless from and
against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the services
provided by Provider to Client under this Agreement, including without
limitation claims made by third parties (including customers of
Client) related to any false advertising claims, liability claims for
products or services sold by Client, claims for patent, copyright or
trademark infringement, claims due to disruption or malfunction of
services provided hereunder, or for any content submitted by Client
for publication by Provider, but excluding those related to the
negligence of Provider. 11.
Resale
of Provider's Service. If Client acts as a
"reseller" of the services provided by Provider to Client
hereunder, by Client providing similar services to its customers, then
all the terms of this Agreement shall provide to the resale. Without
limiting the foregoing, Client's obligations under Section 10
("Indemnity") shall apply to any and all claims made against
Client and/or Provider which arise out of the resale of Provider's
services. 12.
Governing
Law/Venue. This Agreement shall be governed by the laws of the Province of
British Columbia. Venue for any action hereunder shall be in Kelowna,
British Columbia. 13.
Relationship
of the Parties. The parties intend that an independent
contractor relationship will be created by this contract, and that no
partnership, joint venture or employee/employer relationship is
intended. 14.
Taxes.
If any federal, provincial, state or local governmental entity with
taxing authority over the services provided under this Agreement
imposes a tax directly on the services provided by Provider to Client
under this Agreement (excluding any income, business and occupation,
capital gain, death or inheritance, or other indirect taxes), then
Provider may pass the direct amount of such cost on to Client, and
Client shall promptly pay such cost if not exempt from payment of such
a tax. 15.
Waiver.
Any party's failure to insist on compliance or enforcement of any
provision of this Agreement shall not affect its validity or
enforceability or constitute a waiver of future enforcement of that
provision or of any other provision of this Agreement. 16.
Attorneys'
Fees. If a legal proceeding is commenced to enforce or obtain a
declaration of rights under this Agreement, the prevailing party in
such proceeding shall be entitled to recover its reasonable attorneys'
fees and costs incurred in the proceeding from the non-prevailing
party. 17.
IP Addresses and Domain Names.
Provider maintains control of any and all IP numbers and addresses
that may be assigned to Client and reserves in its sole discretion the
right to change or remove any and all IP numbers and addresses.
Client’s domain names are owned and controlled by the Client. Domain
names are transferable at the discretion of the Client and the domain
authority. CF
Marketing is a partnership registered with the Registrar of Companies,
Province of British Columbia, March 14, 1997. Revised September 20, 1999
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