InterSpots Inc. - Corporate Hosting Solutions

InterSpots Inc.
CUSTOMER SERVICE AGREEMENT

This is an agreement between you and InterSpots Inc. regarding your use of InterSpots Inc.'s computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which InterSpots Inc. makes the services offered by InterSpots Inc. available to individual consumers through a personal computer or similar access, or to individual consumers or businesses in connection with the " InterSpots Inc. " web hosting or similar services. InterSpots provides the following policies in the best interests of InterSpots Inc. and InterSpots Inc.'s clients. Under this Agreement, you must comply with InterSpots Inc.'s then current "Acceptable Use Policy," as updated from time to time by InterSpots Inc., which can be viewed at http://www.interspots.com/aup.html. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Questions or comments regarding this document should be forwarded to InterSpots Inc. at the following addresses:

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Facsimile: (780) 497-2202

1. InterSpots Inc. 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 fax or 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 Inc. in writing by mail or fax 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 Inc. in its sole and absolute discretion.

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. Customer will not receive a refund for any setup fees or any fees other than the monthly recurring hosting fees. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies.

4. InterSpots Inc. reserves the right to terminate this agreement, and to delete the Website from its 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 its use of the Website, whether or not such suit names InterSpots Inc. as a party or seeks and recovery from InterSpots Inc. . 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 InterSpots Inc. .

6. InterSpots Inc.'s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. InterSpots Inc. expressly disclaims any representation or warranty that the InterSpots Inc. services will be error-free, secure or uninterrupted. No oral advice or written information given by InterSpots Inc., 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.

7. All hosting and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, 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 Inc., with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of InterSpots Inc. based upon the severity of the violation. InterSpots Inc. reserves the right to refuse service if any of the content within, or any links from, the Customer's website is deemed illegal, misleading, or obscene, or is otherwise in breach of InterSpots Inc.'s then current Acceptable Use Policy, in the sole and absolute opinion of InterSpots Inc.. Notwithstanding anything in this Agreement, the content of the Customer's website 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 reasonable attorney's fees, costs, and other expenses incurred by InterSpots Inc., (collectively, Claims) related to or in connection with the content of the Customer's website. The terms of this Section will survive any termination of this Agreement.

8. The Customer agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Customer is responsible for security of its password. InterSpots Inc. will not change passwords to any account without proof of identification, which is satisfactory to InterSpots Inc., which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Customer, Customer understands that InterSpots Inc. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will InterSpots Inc. be liable for any losses incurred by 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.

9. The Customer's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of InterSpots Inc..

10. 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 Inc. has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current InterSpots Inc. Acceptable Use Policy. The e-mail distribution by the Customer of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Customer refuses to remove any advertising or other third party content deemed objectionable by InterSpots Inc., InterSpots Inc. may terminate the services being provided to the Customer.

11. InterSpots Inc. 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 Inc. be liable to the Customer for any damages resulting from or related to any failure or delay of InterSpots Inc. in providing access to the Internet under this Agreement. In no event shall InterSpots Inc. 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 Inc. 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.

12. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal 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. A InterSpots Inc. account may not be transferred without prior written approval from InterSpots Inc.. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer's account, the Customer will be liable for any unauthorized use of the InterSpots Inc. services, including any damages resulting therefrom, until the Customer notifies InterSpots Inc. 's customer service.

13. If InterSpots Inc. assigns the Customer an Internet Protocol address in connection with the Customer's use of the InterSpots Inc. services, the right to use that Internet Protocol address will remain with and belong only to InterSpots Inc., and the Customer will have no right to use that Internet Protocol address except as allowed by InterSpots Inc. in its sole and absolute discretion.

14. This Agreement constitutes the entire agreement between the Customer and InterSpots Inc. with respect to the InterSpots Inc. services and supersedes all prior agreements between the Customer and InterSpots Inc.. InterSpots Inc.'s 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.

15. 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.

16. InterSpots is aware that many of its dedicated / colocated 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 policy.

17. InterSpots expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate InterSpots policy. Finally, InterSpots wishes to emphasize that in signing the service agreement, customers indemnify InterSpots for any violation of the service agreement, law, or InterSpots policy, that results in loss to InterSpots or the bringing of any claim against InterSpots by any third-party. This means that if InterSpots is sued because of a customer's or client of a customer's activity, the customer will pay any damages awarded against InterSpots, plus costs and reasonable attorneys' fees.

18. The Customer agrees to indemnify and hold InterSpots Inc. harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and InterSpots Inc. 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.

19. InterSpots Inc. may include the Customer's name and contact information in directories of InterSpots Inc. service subscribers for the purpose promoting the use of the services by additional potential clients. However, InterSpots Inc. is not authorized to print the Customer's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Customer. If you do not want any of your information in directories of our service subscribers, you must send us a letter by fax or mail, notifying us not to include you.

20. 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 the InterSpots Inc. 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.

21. 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.

InterSpots Inc. reserves the right to revise or change these Terms of Service at any time.

2.3 Billing
2.3.1	Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
2.3.2	Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of InterSpots Inc.'s Services and Products.

2.4 Mail
2.4.1	Sending unsolicited commercial email messages (UCE), "junk mail", "Spam", bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
2.4.2	InterSpots Inc. reserves the right to send Customers email such as notices, newsletters to inform the user base about price changes, special events, and renewal notices.
2.4.3	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. In the case of harassing email, recipients are encouraged to seek legal remedy through their local law enforcement agencies as well as reporting the incident to InterSpots Inc..
2.4.4	Sending UCE referencing an email address for any domain hosted by InterSpots Inc.;
2.4.5	Sending UCE referencing a domain hosted by InterSpots Inc.;
2.4.6	Sending UCE referencing an IP address hosted by InterSpots Inc.;
2.4.7	InterSpots Inc. will be the sole arbiter as to what constitutes a violation of these provisions.
2.4.8	Harassment, whether through language, frequency or size of messages.
2.4.10	Unauthorized use, or forging, of mail header information.
2.4.11	Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
2.4.12	Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
2.4.13	Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
2.4.14	Use of unsolicited email originating from within InterSpots Inc.'s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by InterSpots Inc., or connected via InterSpots Inc.'s network.
2.4.15	Harassment, whether through language, frequency or size of messages.
2.4.16	Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
Customer will be charged a minimum $500.00 service charge for each instance of verifiable UCE that is reported to InterSpots Inc. and faces account suspension and/or termination, as well as further penalties.
Any individual or organization who sends unsolicited commercial email, junk email, UCE, SPAM and/or any form of unexpected/undesirable email to any email address which is used by the staff and/or administration and/or clients of InterSpots Inc. will be violating our network rules and regulations. Without limiting any additional Criminal and Civil action may be taken should this occur, InterSpots Inc.'s clients will at their discretion invoice the offending party and/or parties who sent the email a fee of $1000.00 Canadian Funds plus Taxes, where applicable, per email plus an additional $500.00 per email attachment. This fee does not constitute any acceptance of any offering or anything related to the email nor does it acknowledge permission for any additional email to be sent, it is a fee for services rendered including, but not limited to, use of InterSpots Inc.'s clients' bandwidth, computer resources and staff time. Also, this fee does not limit InterSpots Inc.'s clients right to notify the offender's Internet Service Provider of the breech of our Network Rules and Regulations such that the Internet Service Provider may take whatever additional action and/or remedies available pursuant to it own Network Rules and Regulations, Acceptable Use Policy, local Civil and/or local Criminal Law. InterSpots Inc. accepts no responsibility what-so-ever for any harm or damage which may befall an offender as a result of any such notification or anything any action it takes related to the offenders breech of our Network Rules and Regulations, furthermore, any fee charged to an offender does not limit InterSpots Inc.'s right to seek payment from the offender for any additional damages and/or sums, including, but not limited to, legal costs, as between solicitor and client, and time and charges for representatives of InterSpots Inc. to appear as a witness for any civil or criminal trial against the offender at a rate of not less than $1200.00 per day for local appearance or $6000.00 per day for non-local appearance plus expenses. All Invoices, noted herein, are due and payable within 30 days of being sent. Unpaid invoices will be subject to a 2% per month service charge. Invoices unpaid after 60 days will be forwarded for collection and/or legal action without further notice. Breech of this item of our Network Rules and Regulations forgoes any rights to your privacy and InterSpots Inc. may elect to publish or provide information about your breech to other individuals or organizations. Continual breech and/or unpaid invoices may result in filtering of the offenders domain name or network address(es) to attempt to prevent access to our servers.

InterSpots Inc. may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of InterSpots Inc. clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Web Sites that do not comply with these simple rules, or who seek to take advantage of InterSpots Inc. unlimited storage or traffic plan in any other way, will, at the discretion of InterSpots Inc. , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of InterSpots Inc. .

InterSpots Inc. will be the sole and final arbiter as to Web Sites or usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to applicable service charges for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Web Sites which InterSpots Inc. must suspend or cancel due to violation of these rules 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 of Services, and/or use of InterSpots Inc.'s services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.

3. Security/Software

     Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.
     Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of InterSpots Inc..
     Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.
     Uploading a virus to a InterSpots Inc. server will result in account termination, service charges and/or prosecution.
     Customer acknowledges that InterSpots Inc. cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that InterSpots Inc. does not supply technical support for Microsoft FrontPage, other than initial configuration. InterSpots Inc. supplies technical support for Web hosting issues only. InterSpots Inc. shall be the sole arbiter as to what constitutes a "Web host" issue.

4. Violation

When InterSpots Inc. becomes aware of an alleged violation of its Acceptable Use Policy, InterSpots Inc. will initiate an investigation. During the investigation InterSpots Inc. may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, InterSpots Inc. may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, InterSpots Inc. will notify the appropriate law enforcement department of such violation.

InterSpots Inc. reserves the right to revise or change the Terms & Conditions at any time