Except where stated otherwise, the term "Technetex"
used on the Web Site shall be deemed to include
Technetex Canada, Tiamat Enterprises, and their
respective affiliates, subsidiaries, successors
and assigns. Technetex
Canada provides dedicated web hosting to our clients.
We have a responsibility to protect each client
and to provide the best services available. The
following policies and conditions were designed
to ensure these obligations are met.
This
agreement represents the complete agreement and
understanding between Technetex Canada and the
account holder (hereinafter called Customer) and
supersedes any other written or oral agreement.
Upon notice, published on-line via Technetex,
Technetex may modify these terms and conditions,
amplify them, and/or modify the prices, as well
as discontinue or change services offered.
Prohibitions
Adult
Content - All pornographic content and
sex-related merchandising is prohibited on all
Technetex servers. This includes sites that
may infer sexual content or links to adult content
elsewhere. Technetex will be the sole arbiter
in determining violations of this provision.
Gambling
Sites - Gambling
sites are prohibited on all Technetex servers.
Domain
Name Registrations
All
persons registering a domain name through Technetex
Canada will be bound by Exhibit
A: Registration Agreement and by ICANN's
Uniform Domain Name Dispute Resolution Policy.
If
you do not agree to these terms and conditions,
please notify our Sales Department at sales@technetex.ca
so we can initiate a closure of your account.
Submission of our order form and/or USE OF
YOUR ACCOUNT shall constitute your approval.
1.
Technetex makes no warranties of any kind, whether
expressed or implied, for the service it is providing.
Technetex also disclaims any warranty of merchantability
or fitness for a particular purpose. Technetex
will not be responsible for damages the customer
suffers. This includes loss of data resulting
from delays, non-deliveries, misdeliveries, or
service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the
fault of third parties.
2.
Services provided to the Customer by Technetex
may only be used for lawful purposes. Transmission
or publication of any information, data or material
in violation of any Canadian or U.S. Federal or
state regulation or law is prohibited. This includes,
but is not limited to, material protected by copyright,
trade secret or any other statute, threatening
material or obscene material. Technetex reserves
the right to remove any and all materials which
infringe on copyright work.
3.
Customer agrees to defend, hold harmless and expeditiously
indemnify Technetex from any liability, claim,
loss, damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained
in this Policy and resulting from the Customer's
use of the service.
4.
Technetex reserves the right to cancel service
for any reason without prior notice. In case of
cancellation, unused fees may be returned to the
subscriber on a pro-rata basis.
5.
Setup fees, if any, are not refundable.
6.
Additionally, CUSTOMER agrees not to utilize the
Technetex service, equipment or email address
in connection with the transmission of the same
or substantially similar unsolicited message.
7.
Customer agrees not to transmit, promote, or otherwise
make available any software, product or service
that is either illegal or designed to violate
this Agreement. Such software, products or services
include, but are not limited to, programs designed
to send unsolicited advertisements (i.e. "spamware")
and services which send unsolicited advertisements.
8.
Technetex requires that its agreements be made
with a person who is qualified to contract. As
such, subscriber must be over the age of eighteen
(18) years. Otherwise, a parent or guardian must
accept this agreement and enclose the proper payment.
Technetex cannot accept payments from persons
who are not at least eighteen (18) years of age,
nor can we accept agreements from persons who
are not at least eighteen (18) years of age.
9.
Customer shall ensure that its use of Technetex's
network services shall not disrupt Technetex,
its associated networks or equipment forming part
of the systems. In instances in which an excessive
amount of system resources are utilized by a subscriber,
Technetex reserves the right to place limits on,
or suspend, the Customer's account to prevent
disruption of service to other customers.
9a.
Customers shall not transmit any communication
where the meaning of the message, or its transmission
or distribution, would violate any applicable
law or regulation or would likely be offensive
to the recipient thereof. No message may be mass
distributed, "broadcast," or otherwise
sent on an intrusive basis to any Technetex user
or to any directly or indirectly attached network.
Use of Technetex's connection in a manner that
is disruptive, damaging, unlawful, offensive,
or intrusive as determined by Technetex shall
be considered a breach of this Policy and may
result in cancellation of service. This prohibition
extends to sending of unsolicited mass mailings
from another service which in any way implicates
the use of Technetex's service, Technetex's equipment
or any site hosted on any Technetex network.
10.
Customer warrants that any material submitted
for publication on Technetex does not violate
or infringe any copyright, trademark, patent,
statutory common law or proprietary interest of
others or contain anything obscene or libelous.
Technetex reserves the right to remove any and
all materials which infringe on copyright work.
Such materials will be removed at any time upon
receiving a complaint and or notice of copyright
infringement.
11.
If Technetex becomes aware of material that could
be infringing on a third party's copyright, it
will initiate an investigation. To conduct an
investigation of copyright infringement, the Complainant
must submit at least two items. First, Complainant
must submit a claim in writing with the applicable
copyright or trademark registration number and
a copy of the underlying copyrighted work along
with the Customer's materials. Second, Complainant
must offer a good faith certification signed under
penalty of perjury. This certification must state
that the work is the property of the Complainant,
that the work has been copied and that use of
the work is not defensible. With this information
in-hand, Technetex, at its discretion, may, at
any time deny access to the challenged material
of Customer.
12.
Technetex will not host any web site with PORNOGRAPHIC
contents or any CASINO sites.
13.
Use of other organizations' networks or computing
resources is subject to their respective permission
and usage policies.
14.
Use of Technetex's hosting services could involve
listing subscriber's participation in relevant
directories, and subscriber expressly grants permission
for such listings.
15.
Transferring your domain to another provider does
not constitute canceling your Technetex account.
You must notify Technetex to formally cancel your
account with Technetex to avoid further charges.
16.
All persons registering a domain name through
Technetex Canada will be bound by Exhibit
A: Registration Agreement and by ICANN's
Uniform Domain Name Dispute Resolution Policy.
17.
Technetex services are provided on prepaid basis.
All payments have to be made within 15 days of
the invoice due date. In case of nonpayment of
an account within a specified time, Technetex
may levy a fine or cancel an account.
17a.
To be eligible for our "30-day money-back
guarantee" we must be notified of your intent
to cancel the account within 30 days of activation.
18.
If payment for your account is not received within
the terms of your invoice your site(s) will be
made inactive. In order to reactivate your site(s),
full payment of amounts owing plus the current
setup fee must be remitted. Failure to maintain
your account in good standing will result in your
site(s) being deleted from our servers.
19.
On occasion, Technetex may have a need to communicate
with its customers through e-mail issues related
to billing, as well as changes, additions and
modifications to the network. It is the responsibility
of the customer to check e-mail sent to the primary
e-mail address on the account.
20.
It is the responsibility of the customer to contact
Technetex Canada of any changes to their account,
such as phone number, address, etc. Customers
will be required to provide verification for security
purposes authorizing them to make any changes
to that account.
ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
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