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Web Hosting Agreement
Automated Filing Services Inc. ("Automated Filing") is providing the Internet services ("Services") to you (the "Subscriber") on the basis of the Terms of Service which are set out below. By subscribing to and using the Services, Subscriber indicates agreement to be bound by all of the Terms of Service. The Terms of Service constitute the complete agreement between Automated Filing and Subscriber, and replace any prior understandings and agreements. Automated Filing reserves the right to change the Terms of the Services or modify the Services from time to time on notification to Subscriber, via email or through other notification. Subscriber agrees to either be bound by the changes to the Terms of Service, or to terminate use of the Services if the changes are not acceptable. Subscriber may request changes in the Services plan types offered by Automated Filing, and the Terms of Service shall be amended to reflect such plan change, only upon written notification from Automated Filing of acceptance of plan changes. Services DescriptionAutomated Filing provides to Subscriber as part to the Services, technical support, through telephone numbers and email which Automated Filing will provide in specified local offering areas. The Services are generally available daily, seven days per week, subject to periods of maintenance or system upgrades by Automated Filing or its telecommunication suppliers. Automated Filing cannot guarantee availability of Services when Automated Filing's suppliers fail to provide scheduled telecommunication services to Automated Filing. Automated Filing does not warrant that the available technical support number will be a local call from Subscriber's area code and exchange. Automated Filing will facilitate Subscriber to select a user identification code (user name) to enable access to the Services. Automated Filing shall send all notices to Subscriber at such user name.
Automated Filing takes reasonable steps to implement maintenance and disaster recovery procedures with respect to its Services, but due to the nature of the Internet, it cannot guarantee any performance specifications whether for disaster recovery, response time, signal quality, or downtime. Web Account PolicyAutomated Filing provides domain name hosting, 10 user accounts, support for CGI/Perl, PHP, and MySQL applications, and up to 50MB of space for commercial web pages and storage @$19.95 CDN/month plus a one time $50.00 CDN setup fee. Such commercial web pages must comply with the laws of Canada and British Columbia. Domain Name HostingSubscriber is responsible for the costs of registration and maintenance for holding a domain name. Automated Filing will not be responsible for interruption of service or inability to secure required domain name(s) due to Subscriber's failure to pay initial domain name registration and setup fees and/or annual domain name maintenance fees. Third Party UsageSubscribers are responsible for all usage incurred on their account and under their user identification code, whether or not incurred with their consent or knowledge. Prohibited ConductSubscriber's use of the Service, whether posting, transmitting or storing content, or any other use of the Automated Filing account, is subject to and shall not violate, any applicable laws and regulations. If in Automated Filing's sole discretion Subscriber's conduct constitutes a criminal offense or gives rise to civil liability, or is a prohibited activity, then Automated Filing shall have the right to immediately suspend or restrict the Service, without prior notice. The following are expressly prohibited and Subscriber shall not:
Subscriber's ResponsibilitiesSubscriber shall provide and maintain compatible computer equipment and software required to access and use the Service, as advised by Automated Filing, and upgrade it at Subscriber's cost when the requirements to access the Services change. Subscriber shall determine what Internet offerings are available through the Service, whether they meet Subscriber's needs, and shall be responsible for obtaining authorization, user identification, and support directly from the offering providers. Automated Filing does not own or control such Internet offerings and shall not be responsible for their access, use or content, or any products or services supplier through the Services. Notices and ComplaintsSubscriber and Automated Filing may communicate with each other by electronic means, provided that identification of Subscriber is sufficient to verify Subscriber's identity and the communication authenticity. Complaints regarding abusive or other prohibited conduct may be reported by FAX to (604)-942-4173 or by electronic means (afs@sedaredgar.com). Automated Filing must be able to independently verify each instance of abuse, and so each complaint must include the complete text of the objectionable message, including all headers. Subscriber shall not send excerpted parts of a message, since complete information is vital to Automated Filing's investigation. Fees and PaymentSubscriber shall pay all charges, including applicable taxes, for the Services in accordance with the rates established by Automated Filing, as may be amended by Automated Filing from time to time upon reasonable notice to Subscriber. Subscriber shall promptly provide Automated Filing with any changes in Subscriber's banking information previously supplied to Automated Filing. If Automated Filing is unable to receive payment from Subscriber and such account is outstanding for more than 45 days, Automated Filing may immediately withdraw Subscriber's access to the Services and charge interest and a non-payment fee in accordance with its policies. Subscriber shall pay a monthly subscription fee in advance at the beginning of each billing period, together with any excess usage charges from previous periods. Subscriber shall be responsible for all usage charges on Subscriber's Internet account, whether due to Subscriber or other users. Subscriber remains responsible for all unauthorized use of Subscribers Internet account until Subscriber notifies Automated Filing. A $10 handling fee may be applied to cash refunds. Content RightsCertain content accessed through the Services from the Internet, whether of a commercial or noncommercial nature, in advertisements, e-mail, websites, or other postings may be protected under proprietary laws, and Subscriber shall use such content only as expressly authorized by the content supplier. It is the Subscriber's responsibility to determine whether any content accessed through the Internet is subject to such rights and laws, and to obtain the appropriate authorizations to allow Subscriber to use such content. If Subscriber supplies or otherwise deposits any information or software through the Service in the public areas of the Internet, Automated Filing shall have the right to copy, edit, publish, distribute and translate such content as reasonably required in its normal operation of the Service. Automated Filing reserves the right, in its sole discretion, to refuse Subscriber's web page or other content provided over the Services, and the right to withdraw the content of any Subscriber web page from Automated Filing servers, if in Automated Filing's judgment Subscriber fails to comply with any of the provisions of these Terms of Service or policies adopted by Automated Filing from time to time. Services ResaleSubscriber may resell the Services or provide access to the Services to third parties for resale with the prior authorization of Automated Filing.AdvertisersAny correspondence between Subscriber and advertisers on the Internet offering their goods or services through the Services, including delivery of and payment for the goods and services and any terms and conditions associated with such correspondence and sales shall be directly between the Subscriber and advertisers. Automated Filing assumes no liability or obligation for any part of such advertisements, correspondence, sales, goods or services, or their terms or conditions. Privacy and SecurityAutomated Filing maintains reasonable security procedures for data and information while stored or transmitted over equipment and facilities which Automated Filing controls, although due to the nature of the Internet, Automated Filing does not guarantee that its security procedures will prevent loss, alteration, or improper access to Subscriber's data, information, or other content. Automated Filing has no obligation to monitor the Internet or any content accessible through the Internet, provided that Automated Filing has the right to monitor the Internet and review and disclose any e-mail and content originating from Subscriber or any other person, as required by law or as necessary to protect the rights and property of Automated Filing or the safety of its Subscribers or the public, or as may be necessarily incidental to the maintenance and operation of the Services. Subscriber is solely responsible for back up and restoration of Subscriber's data and information and shall maintain any security procedures that Subscriber deems appropriate, such as log-on passwords and content encryption, to protect the data and information. As a demonstration of our commitment to protecting clients' privacy, Automated Filing adopts the following privacy guidelines for this website and for the account activity it supports. Automated Filing collects, retains, and uses information about the Subscriber only for the purpose of providing superior account services. Most of this information is supplied by Subscriber on a voluntary basis, and some is gathered automatically by Automated Filing systems. The information is used to protect and administer any records, accounts or data related to Subscriber; to comply with certain laws and regulations; to help Automated Filing design and enhance its services so that it may provide Subscriber with quality services and support; and to communicate with Subscriber about updates to our software, services, and/or website. Automated Filing does not distribute personal information. Automated Filing does not license, sell, rent, or trade any personal information, including contact data or specific information about Subscriber's account(s) or other personally identifiable information, to any third party or to any other Subscribers. For research or promotional purposes, Automated Filing may use non-personal, non-specific information to generate statistics on general Subscriber activity, but these initiatives will never include any personally identifiable information without authorized Subscribers' consent. Disclaimer and Limitation of LiabilitySubscriber assumes total responsibility and risk for Subscriber's use of the Services and the Internet. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, AUTOMATED FILING MAKES NO EXPRESS OR IMPLIED WARRANTY, CONDITIONS, OR REPRESENTATIONS (INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF TITLE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES, OR ANY OPINIONS, ADVICE, INFORMATION, CONTENT, GOODS OR SERVICES OFFERED OR PROVIDED OVER THE INTERNET. Automated Filing warrants that if Subscriber is dissatisfied with the Services, Automated Filing will upon notice from Subscriber terminate this Agreement and refund the unused portion of any prepaid fee less any balances otherwise due Automated Filing, which shall be Subscriber's sole and exclusive remedy. The Services are provided "As Is", and it is Subscriber's responsibility to evaluate the accuracy, completeness, and usefulness of the Services, and all opinions, advice, information and goods and services, provided on or through the Internet, at its own risk. No warranty is given that the Services shall be uninterrupted, timely or error free, that any software or information accessible on the Internet is free of viruses, worms, Trojan horses or other harmful components, or that Automated Filing security procedures will prevent the loss or alteration of, or improper access to, Subscriber's information. Automated Filing is not responsible for invalid destinations and transmission errors, or the corruption or security of Subscriber's information or data carried over the Internet, or any loss of Subscriber's data or content on its website, for any reason. In no event shall Automated Filing be liable for any special, indirect, consequential, or incidental damages even if advised of their possibility, including but not limited to lost profits or business revenue, or failure to realize expected savings, or any claims against Subscriber by any third party. Automated Filing shall not be liable for not monitoring or making any determination as to whether any content or activity, on Automated Filing's own facilities or on any other Internet website or facilities, constitutes a criminal offense or civil wrong. Automated Filing shall not be obligated to respond to any complaints from Subscriber as to such alleged criminal offenses or civil wrongs on the Internet, and Subscriber's sole recourse shall be to advise the appropriate law enforcement authorities, or to itself take civil proceedings, with respect to such content or activities. Automated Filing disclaims all liabilities arising due to the failure of Subscriber to receive any product or service requested by Subscriber over the Internet. Subscriber shall be solely responsible for any damage to Subscriber's computer system, or any loss of data, that may result from downloading of software or content from the Internet. Automated Filing shall not be liable for;
IndemnificationSubscriber shall indemnify and hold harmless Automated Filing, its partners, officers, directors, employees, agents and suppliers, for all damages, costs, claims, demands, and other liability due to or arising out of Subscriber's use of the Services, Subscribers breach of these Terms of Services, or the infringement by Subscriber (or any other person using Subscriber's account), of any proprietary rights of any person. TerminationThese Terms of Service and the Services may be cancelled by Subscriber upon prior written notice to Automated Filing (Letter, Fax, E-mail). Such cancellation shall be effective as of the last day of the then current billing period. Automated Filing may restrict or suspend the provision of Services to Subscriber, or terminate these Terms of Service, if Subscriber fails to comply with any of the provisions of these Terms of Service, or any Services policies adopted from Automated Filing from time to time which have been brought to the attention of Subscriber. Any accounts which are suspended may require a reactivation fee or Services payment to be made by Subscriber, as determined by Automated Filing in accordance with its then current policies. Language DiscrepanciesIn case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail. AcceptanceThis Agreement is deemed accepted and signed by Automated Filing and Subscriber By virtue of the Subscriber joining Automated Filing to open an Account and/or placing a wager at Automated Filing. |
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