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Service
Netdx™ Communications Inc.
("Netdx") will sell
and the Customer will purchase certain Services.
Netdx
Services are defined as the use by the Customer of
computing, telecommunications, software, and information
services provided by Netdx. These services also
include the provision of access to computing,
telecommunications, software, and information services
provided by others via the Global Internet.
Web Hosting Service means - Any act of serving the
Customer, being provided by Netdx, regardless of its
duration and whether it's a paid service or a service
for free. The Services are provided "as is" and "as
available" without warranties or conditions of any kind.
Without limiting the scope of item 1.a. above,
Netdx
will provide services on its host computing systems to
individual Customers in exchange for payment of fees and
compliance with the terms and conditions of this
document.
Connectivity Service means connection of the customer to
the Internet via a telecommunications facility.
Domain Name Registrations
Netdx's role in the registration of a domain name is
limited to the submission of the registration request to
the appropriate registrar (the "Registrar").
Netdx
does not and cannot guarantee that a particular
application for a domain name will be accepted or
approved. Please note each individual domain name
constitutes a single submission.
Netdx will submit application to the Registrar as
provided. It is the registrant's responsibility to
provide accurate information. Any change to the original
information has to be made directly to the Registrar and
not to Netdx. Be advised that upon registering a
domain name with OpenSRS and ev1.net you will be subject to the Terms and Conditions of
these registrars, or other registrars as applicable.
Term
The term of use is
month to month, unless otherwise agreed upon. The
Customer's Web Hosting services will be automatically
renewed on the final day of the Term unless terminated
in accordance with Section 5.
Bandwidth Restrictions
For all hosting customers, excess traffic charges will
apply above 8GB per month. Customers, who exceed
their allotted traffic limit, will be charged $15.00*
per GB of excess traffic, or the rate agreed to in their
Netdx Services Agreement.
TERMS/RATE CHANGES
Rates and Terms are subject to change.
Termination
For Cause. Either party may terminate the Customer's
Services for cause without penalty in the event that the
other party breaches any material term of this Policy,
including but not limited to Section 6 of this Policy.
Prior to such termination, the party intending to
terminate shall first give the other party written
notice of its intent to terminate, which shall clearly
describe the problem(s) constituting cause. Customer
shall cooperate with Netdx in enforcing this Terms of
Use Policy or available from Netdx at Customer's
request.
For Convenience (Month-to-Month
Contract customers). Customer may terminate their
Services at any time for convenience after giving Netdx
written notice 30 days before the following payment
period. In the event of such termination, Customer
forfeits all prepaid fees.
For Convenience (12 Month Contract customers). Customer
may terminate Services at any time for convenience by
giving Netdx at least 60 days written notice. In the
event of such termination, Customer will pay Netdx the
lesser of 75% of the applicable monthly minimum amounts
for each remaining month of the Minimum Service Period
or 3 times the monthly service fee, in addition to
paying all amounts due and owing as of such termination.
If Netdx has purchased equipment on behalf of the
Customer, including but not limited to ADSL modems and
routers, Customer shall either assume responsibility for
payments for such equipment, until paid in full or
return equipment, without credit, to Netdx.
For Convenience (24 Month or
Longer Contract customers). Customer may terminate
Services at any time for convenience by giving Netdx at
least 60 days written notice. In the event of such
termination, Customer will pay Netdx the lesser of 75%
of the applicable monthly minimum amounts for each
remaining month of the Minimum Service Period or 4 times
the monthly service fee, in addition to paying all
amounts due and owing as of such termination.
Abuse of Services
Any use of Netdx system
resources that disrupts the normal use of the system for
other Netdx customers is considered to be an abuse of
system resources and is grounds for administrative
intervention. Some examples of system abuse include, but
are not limited to:
-
Spawning dozens of processes
Consuming excessive amounts of memory or CPU for long
periods of time
Spamming or mass emailing using internal or external
mail and/or news servers.
-
Illegal, criminal or malicious
activities.
Transmission of any material in violation of any
International, National, or Local jurisdictional law or
regulation, to include, by not limited by, copyrighted
material, threatening or obscene material, or material
protected by trade secret.
Any other activity or activities that Netdx in its
sole discretion determines is unethical or damaging to
our other customers, users of the Internet, Netdx's
Network or to our corporate reputation.
Netdx does not host web sites containing adult
content.
Propagation, support for, creation of or deliberate
attacks by any Virus or Worm
Giving false information to obtain access to the
Company's system and/or purchase any service. Any other
activity or activities that Netdx in its sole
discretion determines is unethical or damaging to other
customers, users of the Internet, Netdx's Network or
to our corporate reputation.
Without limiting the scope of the above, Netdx forbids
the storage of illegal/pirated software, the use of any
type of IRC bot and/or proxy, the storage and use of any
type of software intended for hacking/cracking purposes
and the storage or sale of bulk e-mail lists intended
for spamming or resale purposes.
-
Account Abuse
Defined as those many and varied activities that would
commonly be termed abusive by computer professionals.
These would include, but are not limited to:
Modification of, or tampering with, files not owned by
the user. Attempts to examine files that contain
sensitive information not normally to be viewed by
system users.
Attempts to use system resources not normally available
to users.
Attempts to reduce the systems security, or to hamper
the normal functioning of the system. (Note: The
modification of sensitive files is considered acceptable
when occurring under the normal function of common user
programs designed to modify or examine those files, such
as the password program.)
Attempts to violate or affect the rights of others.
Attempts to make publications that are threatening or
defamatory or otherwise injurious to the business or
reputation of others.
Attempts to violate the law.
Attempts to misuse the proprietary information,
intellectual property or property of others for their
for their own purposes.
e-Mail SMTP Acceptable Use
Using any facet of the Netdx network for unsolicited
e-mailings (SPAM) is prohibited
Maintaining an open SMTP relay is prohibited
No more than 100 individual e-mail transmissions per day
may be sent from any one POP account and/or Netdx IP
address using a shared Netdx SMTP server.
Depending on the nature and the severity of the abuse,
the user may receive an E-mail warning or have his/her
account suspended by Netdx Technical Support. If the
misuse is unintentional, the suspension may be rescinded
following discussion with Netdx Technical Support. If
the misuse is intentional, the suspension may be
rescinded at the discretion of the Operations Manager,
and may require the payment of a service re connection
charge. Occasionally, unintentional misuse is
misclassified as intentional misuse. Customers who
believe their activity has been misclassified may appeal
to the Operations Manager. However, spamming activities
will result in immediate termination of services to
Customer.
Unethical and criminal offenses are violations of
Netdx conditions of use. You are expected to report to
Netdx any information you may have concerning
instances in which the conditions of use have been or
are being violated. When Netdx becomes aware of
possible violations, we will initiate an investigation.
At the same time, in order to prevent further possible
unauthorized activity, Netdx may suspend access to
services to the individual account in question.
Confirmation of violations may result in cancellation of
the individual account and/or criminal prosecution.
Billing
Customer is responsible for all applicable
charges for services rendered, as set forth in the Web
Hosting and Hosting Options pricing structure, as
detailed at www.Netdx.com at time of order submission,
plus all applicable taxes. Web Hosting is a pre-paid
service. Invoicing for Web Hosting Services is delivered
after the charge has already been applied to the credit
card provided. If Customer is paying by cheque or money
order, Customer will be invoiced in advance of payment
due. Customer is required to pay in a minimum of
three-month increments when paying by cheque or money
order. Invoices may be delivered by email, fax or mail.
Service interruption does not relieve Customer from the
obligation to pay the monthly charge. Additional fees
may apply for NSF payments, reactivations, terminations,
and changes of service. Accounts are in default if
payment is not received within 30 days after day of
invoice. If Customer defaults, Customer agrees to pay
Netdx its reasonable expenses including solicitor and
collection agency fees, incurred in enforcing its rights
under this Agreement. Accounts in default are subject to
an interest charge of 1.5% per month (19.56%. per
annum).
Use of Network
Netdx Services are for the
exclusive use of the Customer as contemplated by this
TOS and is restricted by the TOS. Netdx reserves the
right to amend the TOS from time to time. Customer
acknowledges that it has read the TOS in effect at the
date hereof.
IP Addresses
Netdx maintains control and ownership
of any and all IP numbers and IP addresses that may be
assigned to the Customer and reserves in its sole
discretion the right to change or remove any and all IP
numbers and addresses.
Customer Responsibility
It is Netdx's
responsibility to install and maintain all Netdx's
hardware, software and Network Infrastructure. Customer
will have sole responsibility for ensuring that any
additional software and services are compatible with
Netdx's requirements and that they continue to be
compatible with any modifications to any of the Services
by Netdx from time to time. Netdx, at its sole
discretion may deny any additional software application
installations.
Age of Majority
Netdx cannot accept agreements
and payments from persons under the age of 18 years.
Therefore, Netdx requires that its agreements be made
with a person who is qualified to contract. As such, the
Customer must be over the age of 18 years. Otherwise, a
parent or guardian must accept the TOS and ensure the
proper payment.
Modifications
Netdx may, from time to time,
modify the charges (including late payment charges) or
any other term or condition of the Web Hosting services
provided that it gives the Customer at least 30 days
advance written notice. Customer shall have the option
to continue their Web Hosting services at the new charge
or terminate their Web Hosting services upon giving
written notice to Netdx prior to the expiration of the
30 day period referred to above.
Miscellaneous This
TOS shall be governed by and
construed in accordance with the laws of the Province of
Ontario and the federal laws of Canada as
applicable therein. Netdx may assign its rights and
obligations under this TOS without your prior written
consent. The Customer may not assign their Web Hosting
services without the prior written consent of Netdx,
such consent not to be unreasonably withheld. This TOS
remains binding upon the parties and their respective
heirs, executors, trustees, successors, and assigns.
Data Protection
Customer acknowledges having read
Netdx's Privacy statement
in effect at the date hereof.
Limitation of Liability
In no event will Netdx be
liable for:
incidental, indirect, special or consequential damages
or,
any damages whatsoever resulting from loss of use, data
or profits arising out of or in connection with this TOS
or the use or performance of Netdx Services, whether
in action or of contract or tort including but not
limited to negligence. Netdx's liability for damage to
property shall be limited to physical damage directly
caused by the sole negligence of Netdx and in not
event shall exceed the charges associated with the
provision of the Services. No action may be brought
under this TOS more than two (2) years after its
termination, or in the event of default by one of the
parties, more than two (2) years after such default has
come to the notice of the other party.
Indemnification The Customer hereby covenants and
agrees to indemnify, defend and save harmless Netdx
and its Partners, employees, legal representatives,
successors and assigns, and each of them, from any and
all claims, actions and suits, whether groundless or
otherwise, and from and against any and all liabilities,
judgments, losses, damages, costs, charges, lawyers'
fees, and other expenses of every nature and character
by reason of the Partner's business and/or actions in
respect of this TOS. The Partner further covenants and
agrees that the provisions contained in this Section 16
shall survive the termination or earlier expiration of
the Customer's Web Hosting services and shall be
liberally construed in favour of Netdx.
Force Majeure
Netdx shall not be liable for any
loss, damage, delay or failure to perform whole or in
part resulting from causes beyond Netdx's control,
including, but not limited to, war, acts of terrorism,
fires, earthquakes, strikes, delays in transportation,
or requirements of any government agency. |
