The
Service is owned and operated by AMRAY NETWORK CORPORATION for
the benefit of the owner of the Web site in order to provide the
Service. Your use of this Service provided to you ("Client")
therein are subject to the Terms
of Service and Conditions
of this Service Agreement. The Terms of Service and Conditions
comprises the entire agreement between Client and "AMRAY
NETWORK CORPORATION". Additionally,
certain pages of this Web site or related to the Service may contain
particular features or offers (for example, promotions or contests).
In the event that the Terms of Service and Conditions conflict
with any such additional services contained within any particular
page of this Web site or related to the Service, then the Terms
of Service and Conditions shall govern and control your use of
this Service. 1.
AMRAY NETWORK CORPORATION exercises no control what so ever over
the content of the information passing through its network. AMRAY
NETWORK CORPORATION makes no warranties of any kind, whether express
or implied, for service it is providing. The Client acknowledges
that Internet is prone to failure, breakdowns, and uncontrollable
outages. AMRAY NETWORK CORPORATION will not be responsible for
any damage a Client suffers. This includes loss of data resulting
for delays, nondeliveries. misdeliveries, or service interruptions.
The client will be responsible for making backup of Client's programs
and/or data. Use of any information obtained via AMRAY NETWORK
CORPORATION is at Client's own risk. AMRAY NETWORK CORPORATION
specifically denies any responsibilities for any accuracy or quality
of information obtained through its services. 2. Clients
use of AMRAY NETWORK CORPORATION Web and Mail Hosting Servers
may only be used for lawful purposes. Transmission of any material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: spammail, bulkmail, transmitting
data which is threatening, obscene, or defamatory, which belongs
to a third party and/or is protected by copyright, trade secret,
patent, or other intellectual property laws, or violates export
control laws. Client agrees to indemnify and hold harmless AMRAY
NETWORK CORPORATION from any claims resulting from Client's use
of the service or the use of the service by anyone authorized
by Client which damages AMRAY NETWORK CORPORATION or any third
party. To prevent AMRAY NETWORK CORPORATION host Servers from
being damaged when Clients site set limit is reached, client must
purchase additional space immediately after Notice to client is
served. Clients may not store more data in virtual server space
than Client account allotted. 3. Any access to other
networks connected to AMRAY NETWORK CORPORATION must comply with
the rules appropriate for that other network. 4.To
the fullest extent permitted by applicable law, this Agreement
and any other agreements, notices or other communications regarding
Client account and/or your use of the Service ("Communications"),
may be provided to Client electronically and Client agree to receive
all Communications from AMRAY NETWORK CORPORATION in electronic
form. Client agrees and warrants that Client has access to the
Internet and to a current functional personal e-mail address from
local ISP. Although AMRAY NETWORK CORPORATION will take reasonable
steps to contact Client based on information that Client has provided
and AMRAY NETWORK CORPORATION will not be liable for any undelivered
e-mail communications or any costs Client incur for maintaining
Internet access and an e-mail account. Client has an AFFIRMATIVE
OBGLIGATION to provide AMRAY NETWORK CORPORATION with a correct
and operational e-mail address, and to notify AMRAY NETWORK CORPORATION
promptly as to any changes or cancellations of any and all e-mail
addresses Client provided to AMRAY NETWORK CORPORATION. AMRAY
NETWORK CORPORATION reserves the right to take measures to ensure
the integrity of its contact directory, and expects that Client
will cooperate and keep Client contact information correct and
current. 5.Payments for Web Hosting, account activation
and setup fees are due immediately upon activation of account.
Accounts are in default if payment is not received within 30 days
after the date of service activation. If Client payment (personal
cheque) is returned to AMRAY NETWORK CORPORATION unpaid, Client
are in default and subject to a charge of $25 from AMRAY NETWORK
CORPORATION. Accounts unpaid 45 days after date of service activation
may have their service interrupted. Accounts paid by Credit Cards
will be in default, if funds are declined by Credit Card Company
and may have their service interrupted. Such interruption does
not relieve Client from the obligation to pay to AMRAY NETWORK
CORPORATION. Accounts in default are subject to an interest charge
of 2.5% per a month, or the maximum rate permitted by law, on
the outstanding balance. Additional charges will be added to restore
those services. Client agrees to pay AMRAY NETWORK CORPORATION
its reasonable expenses, including attorney and collection agency
fees, incurred in enforcing its rights under these Terms and Conditions.
6. Discounted hosting rates available only with the
purchase of not less than a One Year Web Hosting contract (not
applicable to adult hosting) and must
be paid One Year in advance. Client may cancel only service purchased
on a month-to-month basis without
penalty by giving 30 days notice, in writing. Client may cancel
contracted service by giving 30 days notice, in writing, but Client
will be subject to an early termination charge. In addition, Client
will be charged our "month-to-month" service prices.
Unused money portion, if any, will be used to cover those charges.
Account activation, setup and disconnection fees are non-refundable.
If unused portion is lesser than the total Client own, Client
are responsible for the outstanding balance and shall pay it immidiately
to AMRAY NETWORK CORPORATION. If the contract is terminated for
any reason, Client shall be liable for all costs incurred by AMRAY
NETWORK CORPORATION, including but not limited to, cancellation
costs and consequential expenses incurred in fulfilling the contract.
If the contract is terminated on the same day it was signed, Client
will be obligated to pay full month-to-month plan service charge,
account activation, setup and disconnection fees for the month
in which the service is terminated. 7.
AMRAY NETWORK CORPORATION offers Discounted Domain Name registration
prices only to Clients who use AMRAY NETWORK CORPORATION Web Hosting
as their Web Hosting Service Provider. Posted prices for Domain
Name Registration can be changed by AMRAY NETWORK CORPORATION
and we reserves the right to change the rates and otherwise modify
these prices at any time without advanced notice. Cost of Services
(registration fees, domain parking fees, set up fees etc.) are
included in posted prices and no additional charges will be applied
ONLY IF registrant(s) of Domain Name uses AMRAY NETWORK CORPORATION
Web Hosting Services to host their Web Sites, otherwise Cost for
Service charged in amounts set by AMRAY NETWORK CORPORATION for
these and other services shall be paid to AMRAY NETWORK CORPORATION.
8. AMRAY NETWORK CORPORATION shall not insure or be
responsible for any loss or damage to property of any kind owned
or leased by Client or its employees, contractors, and agents
placed at AMRAY NETWORK CORPORATION point of presence. Any policy
of insurance covering the Equipment owned or leased by Client
against loss or physical damage shall waive their rights against
AMRAY NETWORK CORPORATION and Landlord and each of their directors,
officers, employees, contractor and agents. 9. This
agreement takes effect when accepted by Client and by AMRAY NETWORK
CORPORATION in Manitoba. It is to be governed by and construed
under the laws of the Province of Manitoba and Canada. The federal
and provincial courts of the Province of Manitoba shall have exclusive
jurisdiction to adjudicate any non-arbitrable dispute arising
out of this agreement. Client hereby expressly consents to (1)
the jurisdiction of the courts of Manitoba and (2) service of
process being effective upon it by registered mail sent to the
address set forth at the beginning of this document, as may be
changed from time to time by written notice actually received
by AMRAY NETWORK CORPORATION. AMRAY NETWORK CORPORATION will comply
with all orders issuing from tribunals having jurisdiction over
AMRAY NETWORK CORPORATION, and that such compliance could affect
the services AMRAY NETWORK CORPORATION to Client. 10.Client
must read the current Terms and Conditions prior to initiating
a transaction. By clicking "I Agree", or by submitting payment
information through the Order Form, Client agrees to the Terms
and Conditions of this Agreement. Client further agree that this
Customer Agreement forms a legally binding contract between Client
and AMRAY NETWORK CORPORATION, and that this Agreement constitutes
"a writing signed by Client" under any applicable law or regulation.
Any rights not expressly granted herein are reserved by AMRAY
NETWORK CORPORATION. AMRAY NETWORK CORPORATION reserves the right
to change the rates at any time and otherwise modify these Terms
and Conditions at any time without advanced notice effective upon
posting of the modified Terms and Conditions to this URL http://www.amrayhosting.com/termsandconditions.html
These Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted. |