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|Q. Web Hosting Service Terms and Conditions|
A. Web Hosting Service Terms and Conditions
The Service is offered subject to your compliance with the following terms and
1. IIE Solutions reserves the right to manage its system and network resources
utilized by each web site, and to make whatever changes necessary to ensure
optimum performance for all of our customers.
2. IIE Solutions reserves the right to immediately cancel any hosting account at
any time and without notice if it poses an immediate threat to our network,
servers, or us, including our reputation, integrity, and security.
3. IIE Solutions reserves the right to monitor the content of your IIE Solutions
web site and to require that you remove content which IIE Solutions, in its sole
discretion, determines to be illegal, harmful or offensive.
4. IIE Solutions reserves the right to modify or otherwise amend these terms and
conditions without prior notice or warning. Your continued use of the Service
after any such modification or amendment is made is deemed to be your acceptance
of such modifications or amendments. If you do not agree with any such
modifications or amendments then you may cancel your subscription to the
Service. Accordingly you are encouraged to visit IIE Solutions's web site from
time to time to be aware of any changes in such terms and conditions.
5. You are prohibited from posting or transmitting any data, message, image,
information or program (?a file?) which is indecent, pornographic or obscene.
You are prohibited from posting or transmitting a file which is defamatory,
libelous or which discloses private or personal matters concerning any
6. You are prohibited from posting or transmitting a file which contains
viruses, 'Trojan Horses', worms or any other destructive or contaminating
7. You are prohibited from using the Service for the purpose of conducting or
for the purpose of soliciting any activity considered to be illegal. IIE
Solutions reserves the right to report such illegal activities to any and
all-regulatory, administrative and/or governmental authorities for appropriate
8. IIE Solutions reserves the right to make changes to the Service that may
necessitate a change to your web site address (url) or files and/or scripts.
Such changes to the Service include, without limitation, changes to IIE
Solutions?s servers supporting the Service, the software and/or versions that
are operated on those servers, or a change to the domain associated with the
Service. In no event will IIE Solutions be liable to you for any loss or expense
incurred by you if your web site address (url), files or scripts are required to
change because of a change by IIE Solutions to the Service, including without
limitation, any expense incurred by you for services required to update or
upgrade the url, files and scripts, new stationary or advertising materials.
9. You are prohibited from interfering with other users of the Service. You are
prohibited from accessing illegally or without authorization computers, accounts
or networks belonging to IIE Solutions or to any other party, or attempting to
penetrate security measures of IIE Solutions?s or any other party?s systems
(often known as ?hacking? or ?cracking?). Any activity that might be used as a
precursor to an attempted system penetration (i.e. port scan, stealth scan, or
other information gathering activity) is also prohibited.
10. You are prohibited from posting or transmitting a file that would infringe
upon the rights of others including without limitation, trademarks or service
marks, confidential proprietary information, and copyrighted materials.
11. You are prohibited from using IIE Solutions?s network as a means to transmit
or post, defamatory, harassing, abusing, or threatening material, data,
information or content of any kind.
12. You are prohibited from sending unsolicited emails (spam), from any of our
servers, using an email address or domain that is maintained on our server as a
reference, and from forging or misrepresenting message headers, whether in
whole, or in part, to mask the originator of the message. IIE Solutions will be
the sole arbiter as to what constitutes a violation of this provision.
13. All software provided with the Service or as a component of the Service is
provided on an ?as is? basis without any warranty or condition of any kind,
including without limitation, any warranty or representation that such software
will perform to any particular standard or be free from bugs, errors or remain
unaffected by computer viruses or other similar features affecting performance
of such software. All such warranties and conditions, express or implied are
expressly disclaimed, including any warranty or condition of merchantability or
fitness for a particular purpose.
14. You are prohibited from offering this Service, with or without charge, to
any other entity (regardless of whether or not value is added to the Service).
15. IIE Solutions makes no representation or warranty that the Service will be
uninterrupted or error free. You agree that your usage of the Service will not
exceed the total megabyte storage limit or total bandwidth limit associated with
your Service package. If you exceed either of these limits you will be upgraded
to the next highest package level to accommodate your usage. Going forward, your
charges for the upgrade in package level will be adjusted accordingly.
16. You are prohibited from installing your own Internet Relay Chat
functionality (e-chat rooms) in conjunction with or as part of the Service
provided by IIE Solutions to you in conjunction with your account.
17. IIE Solutions performs maintenance in a weekly scheduled maintenance window.
During this time any or all of the Service may be unavailable. IIE Solutions has
the right to conduct an emergency maintenance window at any time, during which
time the Service may be unavailable.
18. You have no real property interest in any equipment space provided to you by
IIE Solutions, and any such provision of equipment space grants you only a
license to occupy the equipment space. Payment by you for the equipment space
does not create or vest in you (or in any other party) any leasehold estate,
easement, ownership interest, lien, or other proprietary right or interest of
any nature in any part of IIE Solutions?s premises or facilities including the
19. IIE Solutions allows you the ability to run command scripts (CGIs) which
allow you to administer and maintain your own web site/space. You are not
permitted to use the CGI scripts to cause degradation to IIE Solutions?s
equipment, facilities or network. IIE Solutions reserves the right to have you
remove any scripts which IIE Solutions, in its sole discretion, determines to be
harmful to its equipment, facilities or network. All CGI scripts must contain a
header which includes a complete explanation as to what the script does. All
undocumented CGI scripts will be removed by IIE Solutions. You are responsible
for any and all damages that your CGI scripts cause. IIE Solutions may remove
any scripts immediately upon identification of any problems caused by them.
20. IIE Solutions and you will comply with all laws applicable to the exercise
of their rights and performance of their obligations under this Agreement. This
Agreement will be subject to and interpreted in accordance with the federal law
of Canada and the laws of the province of British Columbia, without regard to that
province's choice of law rules. Venue and jurisdiction will be in such province.
21. IIE Solutions does not represent, warrant, guarantee or offer any warranty,
condition or promise that the Service is secure or will not be breached or
compromised, including without limitation, breach or compromise by a third
party. Any and all such representations, warranties or conditions are
specifically disclaimed. IIE Solutions will not be liable to the Customer or
user of the Service or any third party for any claim, loss or damage of any kind
whatsoever, whether direct or indirect, arising or resulting from, or directly
or indirectly related to the Service not providing a secure environment for
users of the Service or the Service environment being breached or compromised,
whether or not any such loss, claim or damage was reasonably foreseeable or not.
22. IIE Solutions does not warrant, represent or guarantee in any way that the
Customer or any users of the Service or any third party will not be exposed to
or affected by computer viruses, trojan horses, worms or any other destructive
devices such as malicious code designed to attack computers or applications. Any
and all such representations, warranties or conditions are specifically
disclaimed. IIE Solutions will not be liable to the Customer or any user of the
Service or any third party for any claim, loss or damage of any kind whatsoever,
whether direct or indirect, arising or resulting from, or directly or indirectly
related to the Customer, any user of the Service or any third party being in any
way exposed to, or affected by, a computer virus, trojan horse, worm or other
malicious code, while using or having used the Service or the Customer?s
application being hosted by the Service, whether any such loss, claim or damage
was reasonably foreseeable or not.
23 Without in any way limiting paragraphs 21 and 22 above, IIE Solutions will
not be liable for any claims or damages, direct or indirect, incidental, special
or consequential which include but are not limited to, damages for loss of
profits, business interruption or loss of information arising from the use or
inability to use the Service, whether such claims or damages are based in
contract or in tort, including negligence or based upon any other theory or
liability or cause of action, whether any such claims or damages were reasonably
foreseeable by IIE Solutions or not.
24. No party will be regarded as being in breach of any obligation under this
Agreement where its failure to perform is a result of circumstances beyond its
reasonable control, including, without limiting the generality of the foregoing,
acts of God, shortages of material or labour, delays in transportation, delays
in or lack of telecommunication facilities, riot, war, civil insurrection, or
acts of the enemies of the lawful government. The party so prevented from
performing covenants will use reasonable efforts to perform its obligations
under this Agreement as soon as the effect of the force majeure has ceased.
25. This Agreement shall not be assignable by you without the written consent of
IIE Solutions. The terms or conditions of this Agreement may be changed by the
written mutual consent of both parties. In the event that a court deems a clause
of this agreement to be in violation of any applicable law, then that clause
will be removed and the remainder of this agreement remains intact
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