Please Read the following Contract and Click on the ACCEPT button on the bottom
of the page if you agree.
THIS AGREEMENT is made and entered between AC Host Canada, a division of jrcsNET,
hereinafter referred to as AC Host Canada and the Customer, who wishes to use
the services of AC Host Canada in accordance with AC Host Canada's standard
application.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider, AC Host Canada provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of AC Host Canada to establish an Internet web presence on one of AC Host Canada's server computers.
2. CONDITIONS: The application and this Agreement constitute a binding contract between AC Host Canada and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations within the 30 day money back period will receive 100% of all monies paid. Cancellations after that time period will receive a prorated refund.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that AC Host Canada makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that AC Host Canada shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by AC Host Canada is at the Customer's sole and absolute risk. AC Host Canada specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If AC Host Canada shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against AC Host Canada, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by AC Host Canada for any reason.
6. PAYMENT: The first payment is due at the time the application is filled out, and returned to AC Host Canada. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the 15th day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, AC Host Canada shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. Payment by credit card and online cheque are currently processed by Paysystems.
7. REFUNDS: Refunds shall be providing for service acquired within the previous 30 (thirty) days. Refunds after 30 days will be issued minus the cost of services rendered and the 15% administration fee. Accounts that are terminated for failing to meet any of the here mentioned criteria will NOT receive a refund. Domain registration charges are non refundable.
8. UNILATERAL SERVICE REVOCATION: In the event that AC Host Canada may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, AC Host Canada may immediately discontinue such service to the Customer without liability. This will include adult content, links to adult content and/or unsolicited email (spam).
9. INDEMNIFICATION: The Customer shall indemnify and hold harmless AC Host Canada from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against AC Host Canada on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
10. CHANGES IN TERMS OF SERVICE: AC Host Canada reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
11. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
12. GOVERNING LAW: This Agreement shall be governed by the laws of Alberta, Canada. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
Content of a pornographic, sexually explicit, or adult nature, Content of an illegal nature (including stolen copyrighted material), Pirated software sites, Gambling related sites, Hate sites or content that could be reasonably considered as slanderous or libelous, Content that is questionable regarding any of the above criteria will be decided upon by a AC Host Canada representative.
First offense will result in immediate termination of account. If this occurs the unused portion of your account will not be refunded. AC Host Canada reserves the right to cancel your service with NO refunds should either of the above occur. Resellers are responsible for their customers content
Please also review our Acceptable Use Policy. If you have any questions about our terms, please contact us at sales@achost.ca
Updated: June 26, 2003