This Web Site
Hosting Agreement (“Agreement”) is by and between Bow River Networks Inc.
(“Bow River Networks”), an Alberta Corporation, and you, your heirs,
assigns, agents and contractors (“You”) and is effective upon electronic
execution, payment of the account, or account activation. This
Agreement sets forth the terms and conditions of Your use of Bow River
Networks Web Site Hosting (“Web Hosting”) services and represents the entire
agreement between You and Bow River Networks. By using Bow River
Networks Web Hosting services, You acknowledge that You have read,
understand and agree to be bound by all the terms and conditions of this
Agreement, along with any new, different or additional terms, conditions or
policies which Bow River Networks may establish from time to time.
1. FEES
As
consideration for the services purchased by You and provided to You by Bow
River Networks, You agree to pay Bow River Networks a monthly, and, or
yearly fee. Your billing date will be determined based on the day of
the month You establish Your Web Hosting relationship with Bow River
Networks unless that date falls after the 28th
of the month in which case Your billing date will be the 28th of
each month, or year. Payment is to be made by You
providing a valid credit card, cash, cheque, or money order to Bow River
Networks, and is non-refundable. If for any reason Bow River Networks
is unable to charge your credit card, or your cheque is returned NSF, or if
Bow River Networks is charged back for any fee it previously charged to the
credit card, or NSF Fee, by payment You provided, You agree that Bow River
Networks may pursue all available remedies in order to obtain payment, and
any incurred fees.
You agree that You will be responsible for notifying Bow River Networks should
you desire to terminate Your use of Bow River Networks Web Hosting services.
Notification of Your intent to terminate must be provided to Bow River
Networks no later than 10 days prior to Your billing date. In the
absence of notification from You, Bow River Networks will automatically
continue Web Hosting services indefinitely and will charge the credit card
You have on file with Bow River Networks, at Bow River Networks then current
rates. It is Your responsibility to keep your credit card information
current, including the expiration date. In the event You terminate,
moving your web site off of the Bow River Networks hosting servers is Your
responsibility. Bow River Networks will not transfer or FTP Your web
site to another provider.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of
this agreement shall continue in full force and effect as long as Bow River
Networks is providing Web Hosting services to You.
You agree that Bow River Networks may modify this Agreement from time to time.
Bow River Networks may also discontinue services it provides under this
Agreement. You agree to be bound by any changes Bow River Networks may
reasonably make to this Agreement when such changes become effective.
3. DESCRIPTION OF SERVICE
Bow River
Networks currently provides Web Hosting services to customers for a monthly,
and, or yearly fee. Bow River Networks will host Your web site on Bow
River Networks Web Hosting Servers, provided, however, You abide by the
terms and conditions set forth herein, in relation to Bow River Networks Web
Services, all of Bow River Networks agreements in relation to
available Web Services can be viewed at:
policies and procedures.
You are responsible for ensuring that Your web site conforms to all local,
state, federal, and international laws. Further, You are responsible
for ensuring the legal copyright to any images, text, or other web site
elements are explicitly your intellectual property, and warrant that none of
your Web Content is provided by Bow River Networks.
You assume complete liability for the entire content of your Web Site, its
images, text, logos, links, and warrant to Bow River Networks Inc. that you
own the entire site, site software, text, and images.
You also agree not to place any pornographic (porn) material onto any
Bow River Networks Server, and agree that Bow River Networks Inc. has the
right to immediately terminate your account if it is discovered that you are
transmitting porn in any format, be it WEB, Mail, FTP, or any other form of
electronic transmission from a Bow River Networks Server.
4. YOUR OBLIGATIONS
You agree
that You have provided accurate, current and complete information in the
application process and that You will notify Bow River Networks within five
(5) business days when any of the information You provided as part of the
application and/or registration process changes. Failure by You, for
whatever reason, to respond within five (5) business days to any inquiries
made by Bow River Networks to determine the validity of information provided
by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false,
misleading or incomplete, or if Bow River Networks has reasonable grounds to
suspect that Your information is inaccurate, not current, false, misleading
or incomplete, Bow River Networks has the absolute right, in its sole
discretion, to terminate its Web Hosting services and close Your account.
You warrant that each application You make is being done so in good faith and
that You have no knowledge of it infringing upon or conflicting with the
legal rights of a third party or a third party's trademark or trade name.
You also warrant that the web site being hosted by Bow River Networks will
not be used in connection with any illegal activity.
5. BOW RIVER NETWORKS RIGHTS
Bow River
Networks explicitly reserves the right and sole discretion to:
a) Censor any web site hosted on its Web Hosting Servers that, in Bow River
Networks sole discretion, is deemed inappropriate.
b) Review every Web Hosting account for excessive space and bandwidth
utilization and to terminate or apply additional fees to those accounts that
exceed allowed levels.
c) Modify its pricing through email notification.
d) Terminate Your Web Hosting service for unsolicited, commercial e-mailing
(i.e., SPAM); illegal access to other computers or networks (i.e., hacking);
distribution of Internet viruses or similar destructive activities;
non-payment of Web Hosting fees; and other activities whether lawful or
unlawful that Bow River Networks determines to be harmful to its other
customers, operations, or reputation.
e) Terminate Your Web Hosting service if the contents of Your web site
result in, or are the subject of, legal action or threatened legal action,
against Bow River Networks or any of its affiliates or partners, without
consideration for whether such legal action or threatened legal action is
eventually determined to be with or without merit.
You agree to indemnify and hold harmless Bow River Networks for any
complications arising out of Your use of Bow River Networks Web Hosting
services, including actions Bow River Networks chooses to take to remedy
Your improper or illegal use of a web site hosted by Bow River Networks.
You agree You will not be entitled to a refund of any fees paid to Bow River
Networks if, for any reason, Bow River Networks takes corrective action with
respect to Your improper or illegal use of its Web Hosting services.
6. DISPUTE RESOLUTION POLICY
You agree to
be bound by Bow River Networks current Dispute Resolution Policy which can
be viewed at any time at:
http://www.bowriver.net/policies/disputepolicy.html
.
You agree that if a dispute arises as a result of one or more web sites Bow
River Networks is hosting for You, You will indemnify, defend and hold Bow
River Networks harmless for damages arising out of such dispute. You
also agree that if Bow River Networks is notified that a complaint has been
filed with a governmental, administrative or judicial body, regarding a web
site hosted by Bow River Networks, that Bow River Networks, in its sole
discretion, may take whatever action Bow River Networks deems necessary
regarding further modification, assignment of and/or control of the web site
to comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute is settled
7. LIMITATION OF LIABILITY
You agree
that Bow River Networks entire liability to You under this Agreement, and
Your only remedy, in connection with any service provided by Bow River
Networks to You under this Agreement, and for any breach of this Agreement
by Bow River Networks, shall be limited to the fees You paid to Bow River
Networks for Web Hosting services.
8. INDEMNITY
You agree to
release, defend, indemnify and hold harmless Bow River Networks and its
contractors, agents, employees, offices, directors, shareholders and
affiliates from and against any losses, damages or costs, including
reasonable attorney's fees, resulting from any claim, action, proceeding,
suit or demand arising out of or related in any way to Your account with Bow
River Networks and/or Your use of the Web Hosting services provided by Bow
River Networks.
9. DISCLAIMER OF WARRANTIES.
Bow River
Networks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.SEVERABILITY.
If any provision, or part of any provision, of this agreement is held
unenforceable, void, illegal, or invalid, by court of competent jurisdiction
said provision or, or part of provision, shall be deleted, and neither such
provision, or part of provision, its severance or deletion, shall effect the
validity or remaining covenants and provisions of this agreement. In the
event that provision, or part of provision, is severed or deleted, a valid,
legal and enforceable provision of similar intent and economic impact shall
be substituted therefore.
11. VENUE. In the event of Civil Action this agreement shall be
deemed entered into in " The Province of Alberta
", and the laws and judicial decisions of the " Provincial Court Civil
Division
" shall be used to determine the validity, construction, interpretation, and
legal effect of this agreement. All Civil Actions RELATING TO, OR ARISING
OUT OF THIS AGREEMENT, are to be brought before the courts of the "
Calgary Provincial Court Civil Division "
12. NOTICES
You agree
that all notices (except for notices concerning breach of this Agreement)
from Bow River Networks to You may be posted on our web site. Notices
concerning breach will be sent either to the email or postal address you
have on file with Bow River Networks. In either case, delivery shall
be deemed to have been made five (5) days after the date sent.
Notices from You to Bow River Networks shall be made either by email, sent to
the address we provide on our web site, or first class mail to our address
at:
Attn:
General Counsel
Bow River Networks Inc.
Suite 308
100-1039 17th Avenue S.W.
Calgary, AB
Copyright ©
2003 Bow River Networks Inc. All Rights Reserved.
