Contract for Web Site Hosting and/or Email Services
The following agreement is by and between
Sightz Productions
of
212-34 Little Norway Cr , Toronto ON Canada
and
of
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WHEREAS, Sightz Productions is an information provider
connected to the Internet. Sightz Productions offers web site storage and
transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize Sightz Productions'
server 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 reader shall be able to access Sightz
Productions' 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
Client agrees to a one (1) year contract, beginning upon
Sightz Productions' receipt of this contract by fax, mail, or express mail.
First one (1) year payment plus setup charges, shall be due upon receipt of
contract.
All pricing is guaranteed for the term of payment
received. Sightz Productions bills all 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 canceled in writing prior to the annual renewal date.
It is the Client'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 Client to charge the credit card of record for
the next contract renewal. Renewal prices are subject to change. Renewal of
services by Client indicates agreement to Contract revisions.
Sightz Productions reserves the right to use the pro-rated
value remaining on client's contract as payment for use of web space or traffic
in excess of client's contracted amount. For example, if client owns a 5
Megabyte site and is using 10 Megabytes of space, Sightz Productions may
calculate the dollar value remaining in the client's service contract, and apply
it towards upgrading client to a 10 Meg site. The net effect of this action will
be a reduction in the number of days until the client's renewal.
Cancellation
Sightz Productions reserves the right to cancel service at
any time. All fees paid in advance of cancellation will be pro-rated and paid by
Sightz Productions if Sightz Productions institutes its right of cancellation.
If cancellation is caused by customers 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,
fees paid for promotion or design services, and domain registration fees 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 contact of the
account, account name, reason for cancellation, user name, and original account
password. Refund will be made by company check within 15 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. We will not process or
approve domain registry transfers for clients or former clients who have an
outstanding balance owing.
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
Client or Sightz Productions' server. Client agrees to take full responsibility
for all taxes and fees of any nature associated with such products sold.
Material and Products
Client 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 Productions' service requires a certain
level of knowledge in the use Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and desired content
of Client's Web space by the Client.
The following examples are offered
Web Publishing requires a knowledge of HTML, properly
locating and linking documents, FTP-ing Web space contents, Graphics, text,
Sound, image mapping, etc. CGI-Scripts requires a knowledge of the UNIX
environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Client agrees that he or she has the necessary
knowledge to create Client's Web space. Client agrees that it is not the
responsibility of Sightz Productions to provide this knowledge or Customer
Support outside of the defined service 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 Client or
its web site visitors, including loss of data resulting from delays,
non-deliveries or service interruptions by any cause or errors or omissions of
the Client. Use of any information obtained by way of Sightz Productions is at
the Client's own risk, and Sightz Productions specifically disclaims any
responsibility for the accuracy or quality of information obtained through its
services. Users are particularly cautioned regarding medical or health
information. Always consult other sources to verify information found
online. Connection speed represents the speed of a connection to and do
not represent guarantees of available end to end bandwidth. Sightz Productions
expressly limits its damages to the Client for any non-accessibility time 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 this 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 Productions' Server. Sightz Productions agrees to notify Client
immediately of its refusal of the material and afford Client the opportunity to
amend or modify the material to satisfy the needs and/or requirements of Sightz
Productions. If the Client fails to modify the material, as directed by Sightz
Productions, within a reasonable period of time, which shall be determined
between the parties themselves, the Agreement shall be deemed to be terminated.
Trademarks & Copyrights
Client warrants that it has the right to use the
applicable trademarks, if any, and grants Sightz Productions the right to use
such trademarks in connection with Sightz Productions' Server service.
Hardware, Equipment & Software
The customer is responsible for and must provide all
telephone, computer, hardware and software equipment and services necessary to
access Sightz Productions. Sightz Productions makes no representations,
warranties or assurances that the Customer's equipment will be compatible with
the Sightz Productions service.
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 Client, if the
Client fails to comply with the terms of this Agreement.
Limited Liability
Client expressly agrees that use of Sightz
Productions' Server is at Client's sole risk. Neither Sightz Productions, its
employees, affiliates, agents, third party information providers, merchants
licensers or the like, warrant that Sightz Productions' Server 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 Server service or as to the accuracy,
reliability or content of any information service or merchandise contained in or
provided through the Sightz Productions Server 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, producing
or distributing Sightz Productions' Server service be liable for any direct,
indirect, incidental, special or consequential damages that result from the use
of or inability to use the Sightz Productions Server service; or that results
from mistakes, 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, communication failure, theft, destruction or
unauthorized access to Sightz Productions' records, programs or services. Client
hereby acknowledges that this paragraph shall apply to all content on Sightz
Productions' Server service.
Notwithstanding the above, Client'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
Client paid during the term of this Agreement.
Lawful Purpose
Client may only use Sightz Productions' Server for lawful
purpose. Transmission of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is not limited to copyrighted
material, material legally judged to be threatening or obscene, pornographic,
profane, or material protected by trade secrets. Sightz Productions expressly
forbids anyone from using Sightz Productions' servers for the propagation,
distribution, housing, processing, storing, or otherwise handling in any way
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 (ie.
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 mail distribution lists and Use
Net news 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 should correctly identify the sender; users may not alter 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 to abide by the current policies.
Customers may not intentionally use, develop, or establish
programs or sites that do or attempt to do the following Harass other
users of the system. Consume all of an available resource. Function as 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 on login session, e-mail, or other such interactions. Cloak their
presence or evade system security. Customers who attempt to evade security
may 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 (with reasonable cause for suspicion)
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. 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 Use Policy
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
jeopardize 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
1 Meg Site = 50 Megs traffic per month
5 Meg Site = 500 Megs traffic per month
10 Meg Site = 1000 Megs traffic per month
25 Meg Site = 2000 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 $12 for each 100 Megs of extra
traffic. If a site exceeds it’s 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.
Log files and web site statistics (if ordered) are only
stored for 2 months and may be deleted by our servers after that time. If you
require long-term statistics you may download your log files regularly or
purchase extended stats and logs storage from us.
Email
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. 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. 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 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 remaining contract fees.
Complaints or questions about unsolicited commercial email
may be set to abuse @ sightz.com.
Penalties for 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 the penalty or rules on
whether the case should be referred to another authority.
In general, Sightz Productions system's first
responsibility is to stop the violation by disabling the users account.
Intentional violations, especially relating to system security or of an illegal
nature, will result in immediate suspension of the customer’s service. We
reserve the right to charge a $50 disconnection fee when necessary.
Offenses 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 Productions’ server; (2)
any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4) any
defective products sold to customer from Sightz Productions’ 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 or merchantability or fitness for a particular purpose. The includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by Sightz Productions and its employees. Sightz
Productions reserves the right to revise its policies at any time.
Contract Revisions
Revisions to this Contract will be applicable to previous
Contracts. Revisions will be considered agreed to by the Client on renewal of
Sightz Productions Services as specified in Section I. 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 and of the Internet.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date indicated below.
By typing "I Agree" below I agree to be bound by
this contract.
TYPE: I Agree
Sightz Productions
34 Little Norway Cr #212
Toronto ON Canada
M5V 3A3
Tel and Fax:
1-888-522-6775
Toronto 416-352-5367
www.sightz.com
email sales @ sightz.com
This document must be signed and mailed or faxed to Sightz
Productions. E-mail copies can not be accepted for this legal document. By
faxing this document you agree that your faxed signature is legally binding.
