1. InterSpots will host an account for you, the purchaser (hereafter referred to as the Customer), for the Customer's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal by postal mail with a minimum of 30 days notice prior to your renewal date. Phone or e-mail notification is not acceptable. If you do not provide this notice, your account will be renewed.
2. Customer must notify InterSpots in writing by mail 30 days in advance to be eligible for a 'remainder of contract' refund. All refunds requested with a "valid complaint" will receive a refund of the charged periods. Specifically from beginning of the next month after the month the written notice has been received to the end of the final month stated in the contract. What constitutes a "valid complaint" shall be determined by InterSpots in its sole and absolute discretion. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow Internet connection, Customer's ignorance, InterNIC delays, account termination for violation of InterSpots' terms and conditions.
3. By submitting a credit card on the order form, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees.
4. InterSpots reserves the right to terminate this Agreement and to delete the Customer's services from InterSpots' hardware immediately upon the occurrence of any of the following events: Non payment of any charges due from Customer; Breach of any term or condition of this Agreement by Customer; Commencement of any lawsuit or proceeding against Customer arising from or relating to use of InterSpots' services, whether or not such suit names InterSpots as a party or seeks any recovery from InterSpots. Payment for any charges is due upon the date of the invoice.
5. All payments must be in Canadian Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due to InterSpots.
6. The Customer's account, rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of InterSpots.
7. In the event of any partnership break-up, divorce or other legal problems that includes the Customer, the Customer understands that InterSpots will remain neutral and may suspend services until the situation has been resolved. Under no circumstances will InterSpots be liable for any losses incurred by the Customer during this time of determination of ownership, or otherwise. The Customer agrees to indemnify and hold harmless InterSpots Inc. from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
8. InterSpots' services are provided on an as is, as available basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. InterSpots expressly disclaims any representation or warranty that InterSpots' services will be error-free, secure or uninterrupted. No oral advice or written information given by InterSpots, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
9. InterSpots will use its best efforts to maintain a full time Internet presence for the Customer. The Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall InterSpots be liable to the Customer for any damages resulting from or related to any failure or delay of InterSpots in providing access to the Internet under this Agreement. In no event shall InterSpots be liable to the Customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of InterSpots under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Customer hereunder. The terms of this Section will survive any termination of this Agreement.
10. The Customer agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by InterSpots, with or without the grant of a notice or cure period, such notice or cure period is to be granted at the sole discretion of InterSpots based upon the severity of the violation. InterSpots reserves the right to refuse service if any of the content within, or any links from, the Customer's service is deemed illegal, misleading, or obscene, or is otherwise in breach of InterSpots' terms and conditions, in the sole and absolute opinion of InterSpots. Notwithstanding anything in this Agreement, the content of the Customer's service is the sole responsibility of the Customer. The Customer agrees to indemnify and hold harmless InterSpots Inc. from any and all claims, losses, damages, liabilities, judgments, or settlements, including attorney's fees, costs, and other expenses related to or in connection with the Customer's service. The terms of this Section will survive any termination of this Agreement.
11. The Customer agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. The e-mail distribution by the Customer of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. Harassment, whether through language, frequency or size of messages is expressly prohibited. Unauthorized use, or forging, of mail header information is expressly prohibited.
12. The Customer may only use the Services and Products in a manner that, in InterSpots' sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, please contact InterSpots.
13. If the Customer sells or resells advertising or webspace to a third party then the Customer will be responsible for the contents of that advertising and the actions of that third party. InterSpots has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of InterSpots' terms and conditions. If the Customer refuses to remove any advertising or other third party content deemed objectionable by InterSpots, InterSpots may terminate the services being provided to the Customer.
14. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with the Customer's account. The Customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. In the event of a breach of security through the Customer's account, the Customer will be liable for any unauthorized use of InterSpots' services, including any damages resulting therefrom, until the Customer notifies InterSpots.
15. The Customer agrees to take all steps reasonable, necessary, and prudent to protect the confidentiality of their user name and password. InterSpots will not change passwords to any account without proof of identification, which is satisfactory to InterSpots, which may include written authorization with signature.
16. The Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of InterSpots. The Customer agrees to maintain their computing equipment responsibly, including running virus software. Uploading a virus to an InterSpots server will result in account termination, service charges and/or prosecution. The Customer acknowledges that InterSpots cannot provide technical support for any software and/or script that the Customer installs. InterSpots supplies technical support for Web hosting issues only. InterSpots shall be the sole arbiter as to what constitutes a "Web Host" issue.
17. If InterSpots assigns the Customer an Internet Protocol address in connection with the Customer's use of InterSpots' services, the right to use that Internet Protocol address will remain with and belong only to InterSpots, and the Customer will have no right to use that Internet Protocol address except as allowed by InterSpots in its sole and absolute discretion.
18. This Agreement constitutes the entire Agreement between the Customer and InterSpots with respect to InterSpots' services and supersedes all prior Agreements between the Customer and InterSpots. InterSpots' failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
19. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Edmonton, AB. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
20. InterSpots is aware that many of its dedicated server and server co-location customers are, themselves, providers of Internet services, and that information reaching InterSpots' facilities from those customers may have originated from a client of the customer or from another third-party. InterSpots does not require its customers who offer Internet services to monitor or censor transmissions or web sites created by clients of its customers. InterSpots has the right to directly take action against a client of a customer. Also, InterSpots may take action against the InterSpots customer because of activities of a client of the customer, even though the action may effect other clients of the customer. Similarly, InterSpots anticipates that customers who offer Internet services will cooperate with InterSpots in any corrective or preventive action that InterSpots deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of InterSpots' terms and conditions.
21. The Customer agrees to indemnify and hold InterSpots harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and InterSpots will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
22. The interpretation and enforcement of this Agreement shall be governed according the laws of the province of Alberta (excluding its choice of law rules) and the federal laws of Canada applicable therein. The Customer hereby consents to personal jurisdiction in the federal and provincial courts of Alberta, Canada for any action arising out of or relating to the Customer's use of InterSpots' services. The federal and provincial courts of Alberta, Canada will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
23. InterSpots may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of InterSpots' customers, and to ensure that certain customers do not utilize services to the detriment of other customers. Any action which InterSpots determines, in its own judgment, will reflect poorly on InterSpots, negatively impact its operations, or any action which InterSpots deems an unacceptable use of resources or unacceptable business practice is a violation of our terms and conditions. InterSpots will be the sole and final arbiter as to what constitutes a violation or intent to violate our terms and conditions. Those Customers found in violation of these terms and conditions, will, at the sole discretion of InterSpots, have their services canceled and/or removed from the servers and are subject to applicable service charges for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Services which InterSpots must suspend or cancel due to violation of these terms and conditions are not eligible to receive a refund, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms, and/or use of InterSpots' services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these terms and conditions.
24. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
25. When InterSpots becomes aware of an alleged violation of its terms and conditions, InterSpots will initiate an investigation. During the investigation InterSpots may restrict the Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, InterSpots may, at its sole discretion, restrict, suspend, or terminate the Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, InterSpots will notify the appropriate law enforcement department of such violation.
InterSpots Inc. reserves the right to revise or change these Terms of Service at any time.