When you use any services offered by Nine Aspects Corporate Internet Ltd. and its subsidiaries, you acknowledge that you have read and agree to be bound by all terms and conditions related to that service and any pertinent rules or policies that are or may be published by us:
- Nine Aspects Corporate Internet Ltd. (“NACI”) agrees to provide the Client with access to the NACI Web Hosting Service (“the Service”) for the purposes of hosting business-related website content and, optionally, accessing the email accounts managed by NACI.
- Unless otherwise agreed, the Client is responsible for and must provide all telephone equipment, other equipment, software, and services necessary to access the Service and, optionally, the email accounts managed by NACI.
- The terms and conditions of this service agreement (“the Agreement”) shall apply as long as the Client, its employees, agents, associates, clients or guests, continues to use the Service.
- NACI will provide the Client with applicable login name(s) and confidential password(s) to enable the Client to use the Service.
- The Client’s login name(s) and password(s) may be used only by the Client, and/or representatives of the Client as authorized by the Client.
- The Client’s right to use the Service is not transferable and is subject to any limits designated by NACI.
- The Client may terminate this Agreement at any time by giving NACI thirty (30) days notice in writing. Charges for the Service accrued up to and including the date of termination will be invoiced to the Client and due and payable upon receipt of the invoice from NACI. Payments already made to NACI prior to the receipt of the Client’s written notice to terminate this Agreement will not be refunded to the Client upon termination of this Agreement.
- NACI may terminate this agreement and cancel the Client’s access to the Service at any time if NACI determines, in its sole discretion, that the Client has violated any term, or terms, of this Agreement or of any rule, regulation, or policy established by NACI, or prevailing laws governing the jurisdictions within Canada. The Client agrees that the decision of NACI to terminate service is final and binding. Payments already made to NACI prior to the issuing of the notice to the Client will not be refunded to the Client upon termination of this Agreement.
Payment for Services
- The Client shall pay NACI any registration or annual fees or other charges incurred by Client at the rates in effect for the billing period in which the charges are incurred. The Client shall pay all applicable taxes related to the use of the Service. NACI may terminate the Client’s access to the Service in the event that the Client fails to pay any invoice sent by NACI to the Client within thirty (30) days of the invoice date. Any invoice or statement of account sent by NACI to the Client shall be deemed to be correct and binding on the Client unless objection in writing is received by NACI within twenty-one (21) days of the date of the invoice or statement. Should the invoice or statement of account be found to be correct, interest and/or penalties may be incurred by the Client retroactively to the invoice due date.
- The Client expressly agrees that use of the Service is at the Client’s sole risk. Neither NACI nor any of its information providers, licensors, employees, or agents warrant that the service will be uninterrupted or error free; nor does NACI or any of its information providers, licensors, employees, or agents make any warranty as to the results to be obtained from the use of the Service. The Service and any software or equipment supplied in connection with the Service is provided on an “as is” basis without warranties of any kind either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Neither NACI nor anyone else involved in creating, producing, or delivering the Service shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty. The Client expressly acknowledges that the provision of this paragraph shall also apply to all third party content.
- The Client agrees to indemnify and hold harmless NACI for any loss, damage, costs, and expenses, including legal expenses, arising as a result of the use of the Service by the Client or by a person who obtains access to the Service with the permission of the Client or through the negligence of the Client. This obligation will survive the termination of this agreement.
- The Client is responsible for maintaining the security of its password(s) and for any use made of the Service by any person using the Client’s password(s).
- The Client assumes sole responsibility for complying with the rights, regulations, and policies of any third party content or services which are accessed via the Service.
- The Client agrees to abide by the rules, regulations, and policies of the Agreement as well as any other rules, regulations, and policies which NACI may from time to time establish for the use of the Service:
- The Client’s use of the Service must avoid interfering with the work of other NACI clients or other network users, and avoid disrupting the nodes and services of NACI or any of the connected networks;
- The Client must not use the Service for any illegal purposes, or to achieve unauthorized access to systems, software, or data.
- Unsolicited commercial advertisements (“UCE”) by any of the email accounts managed by NACI is not allowed and will likely result in account suspension or cancellation.
- Use of Content Management Systems (“CMS”) software other than Joomlatm or WordPresstm may be used by the Client provided they are pre-approved by NACI. NACI reserves the right to require the Client to discontinue the use of any non-approved CMS software at any time. Failure of the Client to discontinue the use of any non-approved CMS software will be considered a violation of this Agreement and will be cause for termination of this Agreement by NACI.
- Should the Client require access to database resources, access to those database resources shall be implemented through cPanel configuration or secured data source names chosen, and set up, by NACI, for use by the Client.
- Upon notice published over the Service or by email, NACI may modify this agreement, the Operating Policies or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
- This document and any Operating Policies published via the Service constitute the entire and only Agreement (“the Agreement”) between NACI and the Client with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.
- The Client acknowledges that NACI may monitor the Client’s use of the Service for the purposes of determining whether the Client is violating the provisions of this agreement, or any rules and regulations established by NACI, or any prevailing laws governing the jurisdictions within Canada.
- Database utilization by the Client’s site(s) is(are) subject to monthly review. High-volume usage or excessive size may result in a one-time surcharge and/or an increased monthly database usage charge or equivalent rate change.
- A page view, by definition, shall be all the electronic content delivered to a client web browser as a result of a HyperText Transfer Protocol (HTTP or HTTPS) request command from another computer. Page views of the Client’s site(s) is(are) subject to monthly review. High-volumes of page views may result in a one-time surcharge and/or an increased monthly hosting charge or equivalent rate change.
- This Agreement will be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable in that Province and will be treated, in all respects, as a Manitoba contract.