The terms below are an
important part of the service contract between you and
Paragon
Marketing Services Inc.. Once you apply for our
service, you have to agree to this terms and
conditions or your order will not be processed. The
following words used in context of the Service
Contract are defined as follows:
| "Provider" |
|
Paragon
Marketing Services Inc. |
| "Client" |
|
The person or
entity who is applying for any of our
services |
The Provider agrees to
provide, and Client agrees to receive, access to the
services according to the following terms and
conditions:
1.
Client will use the PC hosting packages and all other
provided services in a manner consistent with any and
all applicable laws of the British Columbia Provincial
Government and the
Canadian Federal Government. Client authorizes
Provider to charge all fees due to the submitted
credit card or checking account.
2.
Provider reserves the right, in its sole discretion,
to deactivate the Client's account(s) without warning
upon an indication of credit problems including
delinquent payments, or if this service contract is
violated, or if Clients's account or the traffic on
this account causes any kind of network or server
problem / disturbances.
3.
THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY,
EXPRESSED OR IMPLIED, FOR THE PC HOSTING PACKAGES AND
ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT
LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY
EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF
INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS
PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER
FOR SERVICES.
4.
Provider is not responsible for any damages arising
from Client's use of Provider or by Client's inability
to use the PC web hosting packages and any other
services for any reason.
5.
While Provider shall make every reasonable effort to
protect and backup data for Client on a regular basis,
Provider is not responsible for Client's files. Client
is solely responsible for independent backup of data
stored on Providers server and network. If Provider
needs and is able to restore client's files due to a
file lost provider is not responsible for, provider
may charge an additional fee for this service.
6.
CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY
MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH
CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY
COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR
PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING
LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY
MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER.
CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS
THE PROVIDER FOR ANY CLAIM RESULTING FROM THE
SUBMISSION OF ILLEGAL MATERIALS.
7.
CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY
MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH
CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING
TO AN ABUSIVE OR UNETHICAL USE OF THE PC HOSTING
PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND
UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT
LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS
OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND
ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT
HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
PROVIDER FROM ANY CLAIM RESULTING FROM YOUR
PUBLICATION OF MATERIALS OR YOUR USE OF THOSE
MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE
DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE
PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE
ACCOUNT(S) OR HOST SERVER(S). PROVIDER MAY CHARGE A
$50 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN
ACCOUNT DEACTIVATION OR SUSPENSION.
8.
Due to the public nature of the Internet, all
information should be considered publicly accessible,
and important or private information should be treated
carefully. Provider is not liable for protection or
privacy of electronic mail or other information
transferred through the Internet or any other network
provider that customers may utilize.
9.
Use of distribution lists via unsolicited electronic
mail or other mass electronic mailings (UCE) is
strictly prohibited. Provider reserves the right to
deactivate the Client's PC hosting account(s) upon any
indication of such activity without notice. Client
hereby agrees to indemnify and hold harmless the
Provider from any claim resulting from the Client's or
any other party's use of electronic mail service(s) on
the Client's hosting account(s). Provider reserves the
right to charge a $50 reactivation fee, if client's
violation of Provider's anti-spamming policy leads to
an account deactivation or suspension.
10.
In the event it is necessary to refer any dispute to
an attorney, a collection agency, or resolve it in a
court of law, the prevailing party will be entitled to
an award of reasonable attorney's fees, collection
fees, and all costs associated with any legal action,
whether or not a suit shall actually be filed. Place
where the contract is signed and fulfilled shall be
Vancouver, British Columbia, Canada.
11.
Client acknowledges that there is NO cooling-off
period! All orders, sales, rents, time-frames, and
terms are final. Once the service is ordered (i.e. by
clicking the order button of the online order form)
there are no refunds if the service contract is
cancelled by client before the regular expiration date
/ anniversary date. All server and hosting contracts
are automatically renewed for another term unless a
written notice of cancellation is given by either
party at least two weeks in advance of the renewal
date / anniversary date. Cancellation request must be
made by email. If no correct notice of cancellation will be given, all contracts will automatically be
renewed for another term under the same conditions. If
an account has been setup and the initial rent and
setup fee is not paid, provider has the right to
immediately close the account and to refuse service.
In this case provider will bill client for US $129.00
for one hour of programming. If a credit card payment
is declined by the client's bank or if the rent is not
paid on time provider will charge a $15.00 late fee
per billing cycle and a $25 fee for each
payment-related suspension. If client disputes
justified charges by provider on his credit card,
provider has the right to charge a $25 administration
fee in addition to the regular suspension charge and
immediately discontinue service.
12.
Provider maintains control and any ownership of any
and all I.P. numbers and addresses that may be
assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers
and addresses. Client shall keep the right to use the
domain name even if client changes providers.
