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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 of
this Service Agreement. The Terms of Service Agreement
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
Agreement 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, interruptions and uncontrollable outages and that
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
shall be responsible for making and keeping backup
copy of Client's email, programs and/or data at
all the time. To prevent AMRAY NETWORK CORPORATION
host Servers from being damaged, Clients agreed
not to post files larger than 10MB in size, store
data in virtual server space and outside of permitted
locations and/or Use their sites as hacking platform
or store files such as viruses, hacking scripts
and others potentially harmful files that may
damage and/or effect performance of our or any
other Server or PC on Internet.
2. Clients use of AMRAY NETWORK CORPORATION Web
and Mail Hosting Servers may only be used for
lawful purposes. Posting and transmitting any
material in violation of any applicable law or
regulation is prohibited. This includes, but is
not limited to: threatening, obscene, or defamatory
statements, spammail, bulkmail, transmission of
data which is belongs to a third party and/or
is protected by copyright, trade secret, patent,
or other intellectual property laws. AMRAY NETWORK
CORPORATION specifically denies any responsibilities
for any accuracy or quality of information obtained
through its services. 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 any party
authorized by Client which may cause damages to
AMRAY NETWORK CORPORATION.
3. 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.
4.
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 of Service.
5. Discounted hosting rates available only with
the purchase of not less than a One Year Web Hosting
contract (not applicable to adult
and gambling sites 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.
6. 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.
7.
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.
8. 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.
9. Client must read the current Terms of Service
prior to initiating a transaction. By clicking
"I Agree", or by submitting payment
information through the Order Form, Client agrees
to the Terms of Service 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.
10. 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.
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