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This is a contract between you and IHOSTMYSITE.COM. It outlines the terms and conditions involved in the use of any of it's services. By ordering or using any of its services, you hereby agree to have read as well as be bound to any and all conditions contained here in.
IHOSTMYSITE.COM reserves the right to change or modify this agreement at any time at its sole discretion. Any changes will be posted at http://IHOSTMYSITE.com/legal, and become effective as of it's posting. Your continued use of the IHOSTMYSITE.COM Services following any posting will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY IHOSTMYSITE.COM OF YOUR TERMINATION OF THIS AGREEMENT.
All services are provided on a ongoing basis, and either party may cancel said services upon 30 days notice. To cancel your services at any point, please send an email to: billing@IHOSTMYSITE.com. Upon receipt of this email, you will be contacted by IHOSTMYSITE.COM to verify your account information, and to go over the details of your cancellation.
Termination Policy. If you terminate Services prior to the end of your prepaid term, IHOSTMYSITE.COM shall not refund to you any fees paid in advance of such termination. If IHOSTMYSITE.COM terminates this Agreement, IHOSTMYSITE.COM shall refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date, unless otherwise expressly provided herein.
Service Modifications. All services may be modified upon 30 days notice. If you modify services prior to the end of your prepaid term, IHOSTMYSITE.COM shall not refund to you any fees paid in advance of such modification. All prepaid fees shall be applied to your new service plan.
Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, IHOSTMYSITE.COM will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. IHOSTMYSITE.COM shall have no responsibility to notify any third party of the termination of your account nor provide any termination assistance. Without limiting the generality of the foregoing, IHOSTMYSITE.COM shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by IHOSTMYSITE.COM.
Charges. You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by IHOSTMYSITE.COM that are applicable to the Services which you have selected. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by IHOSTMYSITE.COM. IHOSTMYSITE.COM shall begin charging you on the date that you subscribe for IHOSTMYSITE.COM services, unless otherwise specified by IHOSTMYSITE.COM. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on IHOSTMYSITE.COM's net income.
Credit Card Payment. When you pay by credit card when ordering the Services, you expressly authorize IHOSTMYSITE.COM or its agents to charge all fees and charges incurred by you under this Agreement to such card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and IHOSTMYSITE.COM does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by IHOSTMYSITE.COM. You must notify IHOSTMYSITE.COM of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit IHOSTMYSITE.COM from charging your account.
Failure to Pay. If you fail to pay any fees and taxes within five (5) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month (i.e. 18% per annum) or the maximum allowable under applicable law shall also become payable by you to IHOSTMYSITE.COM. In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying IHOSTMYSITE.COM's immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstated of Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.
Responsibility for Use. You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify IHOSTMYSITE.COM of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to IHOSTMYSITE.COM, as requested, to stop and/or remedy any breach of security.
Applicable Policies. The following activities are expressly prohibited:
PROHIBITED ACTIVITIES, INCLUDING BUT NOT LIMITED TO SCAMS, SPAMS, INFRINGEMENTS, OFFENSIVE, BIGOTED, DANGEROUS OR ILLEGAL ACTIVITIES. YOUR DUTY TO INDEMNIFY IHOSTMYSITE.COM. IHOSTMYSITE.COM COOPERATION WITH LAW ENFORCEMENT.(a) You agree that You will not at any time conduct your business on any web sites with respect to which IHOSTMYSITE.COM at any time provides Basic Services and/or Optional Services in any manner(s) that directly or indirectly offer, sell, lease, license, display, deliver, advertise, recommend, or promote any product(s), service(s), data, information, image(s), text and/or other web site content, which: (i) are unlawful or violates any applicable local, state, national or international law, ordinance or regulation having the force of law; (ii) profane, obscene, vulgar, offensive, lewd; (iii) are defamatory, libelous, slanderous, abusive, threatening or harassing towards others; (iv) are a sweepstakes, lottery, raffle, multi-level marketing program, chain letter or pyramid scheme; (v) are an unfair, unlawful or deceptive business practice; (vi) are racially or otherwise offensive, hateful, bigoted or intolerant; (vii) are in violation of any privacy or data protection right or law or discloses any personal information about or exploits in any manner children under the age of 18 years or third parties without their, or in the case of children, their parents', prior written consent; (viii) infringe or violate any patent, copyright, trademark, trade secret, right of publicity or privacy or other proprietary right under the laws of any jurisdiction; (ix) are the basis for any allegation, claim or suit against You or any other party alleging product liability, breach of warranty, negligence, fraud, unlawful conduct, and/or any other claims or causes of action whatsoever; (x) transmit or deliver in any manner any material that contains viruses, worms, trojan horses, time bombs, cancelbots, and/or any other harmful or damaging software or other technology or the means for developing any of the above; (xi) advocate, promote and/or provide assistance in carrying out violence or any other unlawful activity against any persons or any governments, businesses or other entities; (xii) involve a significant risk of death or injury to any persons, or of damage to business or other entities or property in the event of an error or defect; (xiii) involve cruelty to animals; (xiv) are the subject of any government investigation or proceeding; (xv) are a weapon, or parts of or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances; (xvi) are any form(s) of gambling; (xvii) are any type(s) of intoxicant, alcoholic beverage, or illegal substance; (xviii) are not consistent with prevailing Internet "Netiquette" standards, as determined by IHOSTMYSITE.COM in its sole discretion; or (xix); provide instruction in any activities listed in Appendix A (i) through (xviii) above.
Material and Product Requirements. You must ensure that all material and data placed on IHOSTMYSITE.COM's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by IHOSTMYSITE.COM. IHOSTMYSITE.COM will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", IHOSTMYSITE.COM has the option at any time to reject this material. IHOSTMYSITE.COM will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of IHOSTMYSITE.COM. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not IHOSTMYSITE.COM responsibility to provide this knowledge or customer support.
Bandwidth, Storage, and E-Mail Usage. You agree that use of the Services hereunder will not exceed the bandwidth, storage and E-mail usage limits set out in the Site for the Services ordered by you . If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, IHOSTMYSITE.COM may, in its sole discretion, assess you with additional charges according to IHOSTMYSITE.COM ?s then current pricing policy, suspend the performance of the Service, or terminate this Agreement. In the event that IHOSTMYSITE.COM elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.
Domain Names. As part of the Services, you will provide IHOSTMYSITE.COM with a registered domain name or names or IHOSTMYSITE.COM will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any registration services' policies, or any law or regulation. You agree to promptly reimburse IHOSTMYSITE.COM for any fees paid by IHOSTMYSITE.COM to a registrar or another registration services with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request IHOSTMYSITE.COM will attempt to register an alternative domain name chosen by you. You agree to be bound by the terms of the registrar then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of a domain name. The inability to use a domain name shall not entitle you to a refund by IHOSTMYSITE.COM of any fees paid with respect to the registration of such unusable domain name. In the event you received a "Free Domain Name Registration" offer when you signed up for the Services, and you terminate the Services within one year of such domain name registration, you agree to immediately pay IHOSTMYSITE.COM the full retail price for such domain name registration in effect when such domain name was registered, in addition to any other fees for early termination described herein. There is no charge for indefinite parking of domains on IHOSTMYSITE.COM servers or to transfer to another service provider. However, in the event a domain that was registered is transferred to another service provider, and requires manual intervention by our support staff to complete the transfer, there will be an administrative transfer cost charged for each domain plus applicable taxes. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.
Miscellaneous Components. You acknowledge that the Services do not include content design, development, FTP maintenance, uploading and publishing, Common Gateway Interface scripts and other such executables and that all of the foregoing are your responsibilities.
IHOSTMYSITE.COM Property. You hereby acknowledge and agree that all programs (in object code and source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of IHOSTMYSITE.COM, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. IHOSTMYSITE.COM shall also maintain and control ownership of all Internet protocol ("IP") numbers and email addresses that may be assigned to you by IHOSTMYSITE.COM. IHOSTMYSITE.COM reserves, in its sole discretion, the right to change or remove any and all such IP numbers and email addresses at any time.
Your Content. IHOSTMYSITE.COM does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to IHOSTMYSITE.COM or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to IHOSTMYSITE.COM or any third party, using the Services, you have thereby granted IHOSTMYSITE.COM a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by IHOSTMYSITE.COM for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement You expressly (a) grant to IHOSTMYSITE.COM a license to cache the Content, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Investigation of Violations. IHOSTMYSITE.COM may investigate any reported violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. IHOSTMYSITE.COM will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
Actions. IHOSTMYSITE.COM reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, or related policies, or is otherwise objectionable or potentially infringing on any third party's rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies or, third party rights or laws, IHOSTMYSITE.COM may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on IHOSTMYSITE.COM systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by IHOSTMYSITE.COM which, in IHOSTMYSITE.COM's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes IHOSTMYSITE.COM to civil or criminal liability or public ridicule. It is IHOSTMYSITE.COM ?s policy to terminate Services to infringers. The above stated rights of action, however, do not obligate IHOSTMYSITE.COM to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that IHOSTMYSITE.COM has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event IHOSTMYSITE.COM takes corrective action due to such possible violation, IHOSTMYSITE.COM shall not be obligated to refund to you any fees paid in advance of such corrective action.
Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect IHOSTMYSITE.COM?s systems and customers, or to ensure the integrity and operation of IHOSTMYSITE.COM's business and systems, IHOSTMYSITE.COM may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on IHOSTMYSITE.COM ?s servers and systems. IHOSTMYSITE.COM also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
Your Warranties And Representations to IHOSTMYSITE.COM. You warrant, represent, and covenant to IHOSTMYSITE.COM that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
Warranty and Disclaimer. IHOSTMYSITE.COM warrants that the Services will be provided by qualified personnel in a professional manner. IHOSTMYSITE.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR, OR ANY, PURPOSE AND THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. Although IHOSTMYSITE.COM will use commercially reasonable measures to maintain the security of the Services, IHOSTMYSITE.COM assumes no responsibility for the effectiveness of these security measures provided by IHOSTMYSITE.COM.
Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL IHOSTMYSITE.COM , ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE " IHOSTMYSITE.COM ENTITIES" AND EACH, A " IHOSTMYSITE.COM ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE IHOSTMYSITE.COM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH IHOSTMYSITE.COM SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES..
Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE IHOSTMYSITE.COM ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE IHOSTMYSITE.COM ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO IHOSTMYSITE.COM BY YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED (B) THE SUM OF ONE THOUSAND ($1,000.00) DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY IHOSTMYSITE.COM HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE IHOSTMYSITE.COM ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
Interruption of Service. You hereby acknowledge and agree that IHOSTMYSITE.COM and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further IHOSTMYSITE.COM shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Indemnity to IHOSTMYSITE.COM. You hereby release and hold harmless, and agree to indemnify, the IHOSTMYSITE.COM Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the IHOSTMYSITE.COM, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
Third Party Beneficiaries. You are hereby notified that in the event that the IHOSTMYSITE.COM Entities are intended third party beneficiaries of this Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.
Entire Agreement. This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between IHOSTMYSITE.COM and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between IHOSTMYSITE.COM and you with respect to such matters.
No Waiver. The failure of IHOSTMYSITE.COM to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and IHOSTMYSITE.COM nor trade practice shall act to modify any provision of this Agreement.
Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and IHOSTMYSITE.COM, and the remainder of this Agreement shall remain in full force and effect.
Choice of Laws. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts situated in the Province of Ontario in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph, is prohibited.
Limitation Periods. Any cause of action you may have with respect to this Agreement or the IHOSTMYSITE.COM Internet services must be commenced within 1 year after the claim or cause of action arose, or it shall be barred.
Successor Sites. All references to IHOSTMYSITE.COM web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
Assignment. IHOSTMYSITE.COM may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
Enurement. This Agreement will ensure to the benefit of and bind you and IHOSTMYSITE.COM and our respective personal and legal representatives, successors and permitted assigns.
Currency. All monetary amounts expressed in this Agreement are in U.S. (United States) dollars, unless otherwise expressly stated.
Cumulative Rights. The rights, powers and remedies of IHOSTMYSITE.COM in this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to IHOSTMYSITE.COM at law or in equity.
Survival. Any provisions, including without limitation the disclaimers of warranty and limitations and exclusions of liability contained herein, that by their meaning are intended to survive termination of this Agreement shall survive the termination of this Agreement.
Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between IHOSTMYSITE.COM and you as a result of this Agreement or use of the Services.
Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
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