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. Client agree to receive Free
Technical support services via email only. Phone Support is not included in the Plan price but may be purchased for an additional cost either at the time of initial services purchase, or afterwards through the Sales Dept.
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. |