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Acceptable Uses Policy / Terms and Conditions

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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