 |
|||||||||
 |
 |
 |
 |
 |
 |
 |
 |
||
| |||||||||||||||||||
|
========================================= Sightz Productions Service Contract and Agreement Version 2.1 Contract for Web Site Hosting, Domain Name and Email Services ========================================= ( Easy to print / fax copy is here ) WHEREAS, Sightz Productions is a service provider connected to the Internet. Sightz Productions offers web site and email storage and transfer services over the Internet through access to its Web Servers;
WHEREAS, Customer seeks to utilize Sightz Production’s servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Sightz Productions can make no guarantee that any given user shall be able to access Sightz Production’s server at any given time. Sightz Productions represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Financial Arrangements
Customer agrees to a one (1) year contract, beginning upon Sightz Production’s receipt of this contract by email, fax, mail, or express mail. First one (1) year payment, shall be due upon receipt of contract.
All pricing is guaranteed for the term of payment received. Sightz Productions bills web hosting and email services in 12 month (yearly) cycles. Sightz Productions reserves the right to change prices at any time. Payment is due each yearly anniversary of the date the account was established. This agreement will automatically renew for successive one (1) year periods unless cancelled in writing prior to the annual renewal date. Customer authorizes Sightz Productions to bill the credit card associated with their account for each annual renewal. It is the Customer's responsibility to make arrangements for contract renewal payments prior to the expiration date of their current contract. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Sightz Productions in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $20 charge. All payment is in Canadian currency. On each contract anniversary date Sightz Productions is authorized by the Customer to charge the credit card of record for the next contract renewal. Renewal prices are subject to change. Use of Sightz Productions services by Customer indicates agreement to then-current Sightz Productions Service Contract, which can always be found at http://www.sightz.com/terms.htm
Sightz Productions reserves the right to use the pro-rated value remaining on Customer's contract as payment for use of web space or traffic in excess of Customer's contracted amount. For example, if Customer owns a 5 Megabyte site and is using 10 Megabytes of space, Sightz Productions may calculate the dollar value remaining in the Customer's service contract, and apply it towards upgrading Customer to a 10 Meg site. The net effect of this action will be a reduction in the number of days until the Customer's renewal.
Cancellation
Sightz Productions reserves the right to cancel service at any time for any reason. All hosting and service fees paid in advance of cancellation will be pro-rated and refunded by Sightz Productions if Sightz Productions institutes its right of cancellation. If cancellation is caused by customer violation of these policies, then no refund is due.
Customers can cancel service any time and be refunded the amount remaining on their yearly contract on a pro-rated basis. Set up fees, domain registrations and fees paid for promotion or design services are not refundable. Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary account contact, domain name, reason for cancellation, user name, and original account password. Payment will be made by company check within 30 days of receipt of cancellation. The account will be cancelled at the end of the current billing period, unless a date of cancellation is specified.
Taxes
Sightz Productions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer’s website(s) on Sightz Production’s servers. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material and Data
Customer will provide Sightz Productions with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Sightz Productions. Sightz Productions shall make no effort to validate this information for content, correctness or usability.
Use of Sightz Production’s service 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 Customer's web space.
The Customer agrees that they have the necessary knowledge to create and maintain Customer's web space. Customer agrees that it is not the responsibility of Sightz Productions to provide this knowledge or Customer Support outside of the defined services of Sightz Productions.
Sightz Productions will exercise no control whatsoever over the content of the information passing through the network. Sightz Productions makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. Sightz Productions also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Sightz Productions is at the Customer's own risk, and Sightz Productions specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent or guarantee available end-to-end bandwidth.
Sightz Productions expressly limits its damages to the Customer for any non-accessibility or other down time to the pro-rata monthly charge during the system unavailability. Sightz Productions specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that material is not "Server-ready", Sightz Productions may, at its option and at any time, reject this material, including but not limited to after it has been put on Sightz Production’s Server. Sightz Productions agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Sightz Productions. If the Customer fails to modify the material, as requested by Sightz Productions within a reasonable period of time, which shall be determined between the parties themselves, this Agreement may be terminated.
Trademarks, Copyrights, Intellectual Property and Patents
Customer warrants that it has the right to use any trademarks Customer chooses to publish on their website, as well as any copyrights, intellectual property claims or patents and grants Sightz Productions the right to publish this information as required to make use of Sightz Production’s servers.
Hardware, Equipment, Software and Back Up
The customer is responsible for and must provide all telephone, connection, computer, hardware and software equipment and services necessary to access Sightz Productions servers. Sightz Productions makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Sightz Productions service. It is recognized that Sightz Productions leases servers in large data centres and as such does not own the physical equipment or have unlimited control over said equipment. Although Sightz Productions makes regular backups of its servers for the purposes of recovery from catastrophic failures, it is the sole responsibility of the Customer to ensure that their website, emails and other data stored on Sightz Productions servers is backed up by the Customer regularly and completely. Sightz Productions recommends making use of the backup facilities included in Customer’s Cpanel website control panel. It is good computing practice to establish and enforce a firm company-wide backup policy for your business.
Age
The Customer certifies that he or she is at least 18 years of age or of the age legally required to sign legal contracts in Customer’s home State, Province or Country.
Termination
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Sightz Productions may terminate service under this Agreement at any time, without penalty or forfeiture of fees paid or due by the Customer, if the Customer fails to comply with the terms of this Agreement.
Limited Liability
Customer expressly agrees that use of Sightz Production’s Server is at Customer's sole risk. Neither Sightz Productions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Sightz Production’s service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Sightz Productions service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Sightz Productions, its offices, agents or any one else involved in creating, maintaining, producing or distributing Sightz Production’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use, abuse, or inability to use the Sightz Productions Server service or that results from mistakes, errors, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance, whether or not limited to acts of God, terrorism, communication failure, theft, destruction or unauthorized access to Sightz Production’s records, programs or services.
Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this billing cycle.
Lawful Purpose
Customer may only use Sightz Production’s services for lawful purpose. Transmission of material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material believed to be threatening or obscene, pornographic, hateful, profane, or material protected by trade secrets. Sightz Productions expressly forbids anyone from using Sightz Production’s service for the propagation, distribution, housing, processing, storing, or otherwise handling in any way of lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature, Warez - Includes pirated software, phreaking, hacking. Libel. Slander. Hate Literature. copyrighted works (i.e. commercial mp3 music files, software, unlicensed photographs). This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Sightz Productions management. In addition to the above, Sightz Productions may decide to designate, at our sole discretion, other content to be inappropriate for server use. If you are not sure, ask.
Security and Internet Etiquette
Electronic forums such as email and discussion groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Sightz Productions may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Sightz Productions. All messages transmitted via Sightz Productions must correctly identify the sender; users may not alter or forge the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
Users must abide by the current Sightz Productions Acceptable Use Policies. These policies may change from time to time and it is the responsibility of each user to abide by the current policies.
Customers may not intentionally use, develop, or establish programs or sites that do or attempt to do any of the following: Harass other users of the system; Consume all of an available resource; Function as or distribute a worm, virus or Trojan horse; Evade software licensing or copying mechanisms; Terminate or disrupt system services; Bypass system security mechanisms; capture or crack passwords; Unauthorized decryption or translation of encrypted material; Eavesdrop or keylog login sessions, e-mail, or other such interactions; Cloak their presence or evade system security. Customers violate these restrictions will have their accounts terminated.
Under no circumstances may a customer alter a file or directory that does not belong to him or her without prior permission of the file's owner. The ability to alter a file or directory does not imply permission to alter that file or directory.
In the normal course of systems administration, the Sightz Productions staff may have to examine files, electronic mail, etc., whether on-line or from backups, to gather sufficient information to diagnose and correct problems with systems software, or to determine if a user is acting in violation of the policies set forth in this document.
With reasonable cause for suspicion and/or diagnostic purposes, the Sightz Productions staff has the right to monitor any and all aspects of a system, including individual login sessions, to determine if a customer is acting in violation of the policies set forth in this document.
Sightz Productions may also be compelled to divulge the contents of user files, electronic mail, etc. or to identify users to legitimate authorities following due process as defined by national, provincial, state, etc. laws. We will only allow such investigations where they are in complete accordance with the constitutions of Canada and The United States of America.
Sightz Productions will seek damages for any incidents of unlawful or unauthorized usage of our systems or connections.
Traffic and Server Space
Sightz Productions offers reliable, high-speed service by maintaining effective ratios of bandwidth to disk space per customer. To prevent certain customers from using server resources to such an extent that they may jeopardise server performance and resources for other customers, we limit the amount of traffic that sites of each level are allowed. The Traffic allowances are as follows
5 Meg Site = 500 Megs traffic per month We are not fanatical about the traffic allowance. We realize that any site can have a particularly good month and temporarily receive excessive traffic. We reserve the right to charge $10 for each 100 Megs of extra traffic. If a site exceeds its traffic allowance by more than 50% in a given month, or exceeds the allowance for 2 or more months consecutively we may require the customer to upgrade to the next level of service. The server space you purchase includes the space used by log files, web site statistics, and email boxes. We recommend that you regularly archive your stats and logs and delete them from the server, and that you set your email program to delete messages from the server when retrieving them. We recommend Customers reserve approximately 2 Megabytes of storage for each POP email account they set up. Server resources may only be used by direct customers of Sightz Productions in the operation of their Sightz Productions hosted websites. They may not be resold, given away to third parties, or used by external websites, servers or computers without the express permission of Sightz Productions. Server resources for local, customer-only use include but are not limited to storage space, email service, scripting capabilities (including PERL, PHP, etc), forms processing, databases, statistics software, etc. If you are in doubt about how an external service may use our resources, please ask! The web server now enforces the space quotas. If your site reaches its space limit, no new files may be uploaded or POP emails received. You may either remove files to bring the site within its quota, or upgrade to a larger site. Sites may be upgraded at any time simply by paying the difference in price. If a site exceeds its storage quota for any reason Customer will be notified and given the opportunity to reduce the space used or to upgrade to a larger site. Sites that continue to exceed purchased quotas after notification may have files edited, pruned, or deleted to bring them down to the purchased size. Ensure you have recent and complete backups.
Email Harassment, whether through language, frequency, or size of messages, is prohibited. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email through Sightz Productions’ servers. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam").This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it or opted-in. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited. Forging of header information is not permitted.
Sightz Productions takes the problem of unsolicited commercial email (SPAM) very seriously. Violators of this policy will have their account terminated immediately upon discovery. Accounts terminated due to violation of this agreement will not be refunded any fees. Sightz Productions may also bill violators for administration time, resources, and other costs related to investigating, mitigating, and repairing damage or any other issues caused by violations of our polices.
Complaints or questions about unsolicited commercial email may be sent to abuse@sightz.com . Please include detailed and complete email headers with the message.
Email accounts may only be used by direct Customers of Sightz Productions and may not be resold, given away to third parties, or used for a “vanity” or external email service without express permission of Sightz Productions.
Infractions
Minor infractions of this policy, when likely accidental in nature, are typically handled in an informal manner. More serious infractions regardless of success or failure of the attempt are handled via formal procedure. The Sightz Productions staff determines if Customers are in violation of this agreement and/or whether the case should be referred to another authority.
In general, Sightz Productions system's first responsibility is to maintain the integrity and security of its systems by stopping any violation in progress and by disabling the users account until an investigation can be made. Intentional violations, especially relating to system security or illegal acts, will result in immediate non-refundable suspension of the customer’s service and account. We reserve the right to charge a $75 disconnection fee when necessary.
Offences that are in violation of local, state, or federal laws may result in immediate loss of all Sightz Productions privileges and the matter being referred to the appropriate local, state or federal agency.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Sightz Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sightz Productions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sightz Productions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sightz Production’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark, intellectual property or patent infringement and (4) any defective products sold to customer from Sightz Production's server.
Disclaimer
Sightz Productions will not be responsible for any damages your business may suffer. Sightz Productions makes no warranties of any kind, expressed or implied for services we provide. Sightz Productions disclaims any warranty of merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Sightz Productions and its employees. Sightz Productions reserves the right to revise these policies at any time.
Contract Revisions
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Sightz Productions Services as specified in Financial Arrangements.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below.
__________________________________________________ Customer Name
__________________________________________________ Customer Signature
__________________________________________________ Date
Sightz Productions
3520 Stonecutter Cres Tel / Fax 416-352-5367
|
3520 Stonecutter Cres Email: Click Here
Satisfaction Guaranteed. All web hosting accounts upgradeable with no penalty. You may be interested in CrewPix.com - The Film Crew Photo Album Click Here for Postal Abreviations used in domain name registration ©2005 Sightz Productions. All Rights Reserved
|
