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Interface
Technologies offers complete Web Solutions. Allow us to put
together a custom solution to meet your Web site's every need.
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INTERFACE TECHNOLOGIES, INC.
is a leader in creating and servicing domain names and web sites
for Internet users throughout the nation. In order to effectively
continue its purpose and create a business relationship between
INTERFACE TECHNOLOGIES, INC and its Customers, INTERFACE TECHNOLOGIES,
INC has set forth the following terms and conditions which shall
govern this Agreement between the parties. These terms and conditions
are intended for the purpose of establishing operating principals.
TERM
This Agreement between the parties shall remain in effect between
the parties unless otherwise canceled or modified by either
party in accordance with the terms and conditions set forth
herein and in Schedule attached hereto and made a part hereof.
INVOICING
INTERFACE TECHNOLOGIES, INC shall invoice CUSTOMER for services
rendered in accordance with the terms and conditions set forth
both herein and in attached hereto.
CPU USAGE
CUSTOMER agrees that it shall not use excessive amounts of CPU
processing on any of INTERFACE TECHNOLOGIES' servers.
Any violation of this policy may result in CUSTOMER'S immediate
termination at the sole discretion of INTERFACE TECHNOLOGIES,
INC without prior notice. In the event that INTERFACE TECHNOLOGIES,
INC elects to terminate CUSTOMER on this basis, CUSTOMER shall
be entitled to a refund as set forth herein.
BAND WIDTH USAGE
CUSTOMER agrees that BAND WIDTH usage shall not exceed the number
of megabytes per month as set forth in the table outlined on
our web hosting package page. This usage shall be monitored
by INTERFACE TECHNOLOGIES, INC and shall be measured on the
HTTP port. Any BAND WIDTH usage in excess of the agreed upon
number of megabytes per month may result in the immediate termination
of CUSTOMER at the sole discretion of INTERFACE TECHNOLOGIES,
INC without prior notice. In the event that INTERFACE TECHNOLOGIES,
INC elects to terminate this Agreement, pursuant to this provision,
CUSTOMER shall not be entitled to a refund.
BULK E-MAIL AND SPAMMING
It shall not be permissible for CUSTOMER to engage in any bulk
E- mailing or use of mail servers or mail relays (commonly referred
to as "SPAMMING"). In the event that CUSTOMER engages
in such activity, INTERFACE TECHNOLOGIES, INC may elect to immediately
terminate CUSTOMER at its sole discretion without prior notice
to CUSTOMER. In the event that INTERFACE TECHNOLOGIES, INC terminates
CUSTOMER pursuant to this provision, CUSTOMER shall not be entitled
to a refund. Forwarding 100 unsolicited pieces of mail within
a 24 hour period shall be considered "spamming". CUSTOMER
shall be liable to INTERFACE TECHNOLOGIES, INC for any and all
damages caused as a result of CUSTOMER'S failure to comply with
this provision.
TERMINATION
Either party may terminate this Agreement without cause upon
30 days written notice to the other party. E-Mail shall be deemed
adequate notice by either party. Nothing in this paragraph however
shall limit INTERFACE TECHNOLOGIES, INC'S right to terminate
CUSTOMER immediately and without prior notice for improper use
and violations as set forth herein.
In the event that INTERFACE TECHNOLOGIES, INC elects to terminate
CUSTOMER as a result of its improper acts and breach of the
terms and conditions contained herein, CUSTOMER shall not be
entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER
BE ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to terminate this Agreement, same
shall be considered a breach and CUSTOMER shall not be entitled
to any refund.
In the event that INTERFACE TECHNOLOGIES, INC elects to terminate
CUSTOMER without cause, CUSTOMER shall receive a full refund
of any balance. However, if CUSTOMER terminates this Agreement
without cause, and in accordance with the notice provision set
forth herein, there shall be NO REFUND of the Set Up Fee or
any remaining balance.
LIABILITY
CUSTOMER agrees that INTERFACE TECHNOLOGIES, INC shall have
no liability for the services, data or information provided
to the public on the Internet including but not limited to any
liability for consequential, indirect, special or incidental
damages, regardless of the success or effectiveness of other
remedies.
CUSTOMER
further agrees that INTERFACE TECHNOLOGIES, INC shall not be
liable for any damages or losses sustained by CUSTOMER for business
or other activities conducted on the Internet including but
not limited to consequential, indirect, special or incidental
damages.
CUSTOMER
agrees that it shall not hold INTERFACE TECHNOLOGIES, INC liable
for any loss of business, lost opportunity, consequential, indirect,
special or incidental damages as a result of any interruption
in service.
IN NO EVENT SHALL INTERFACE TECHNOLOGIES, INC'S LIABILITY EXCEED
THE TOTAL VALUE PAID TO INTERFACE TECHNOLOGIES BY CUSTOMER.
REPRESENTATION AND/OR WARRANTIES
INTERFACE TECHNOLOGIES, INC makes no representations and cannot
guarantee that CUSTOMER'S domain name does not infringe upon
any trademarks, trade names, service marks or other proprietary
rights owned by a third party. CUSTOMER shall not hold INTERFACE
TECHNOLOGIES, INC liable for any damages, injuries or losses
incurred by CUSTOMER as a result of any action instituted by
a third party.
SECURITY
CUSTOMER understands that the Internet and other various networking
communications are not secure, unless explicitly specified as
such. INTERFACE TECHNOLOGIES, INC MAKES NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL INTERFACE
TECHNOLOGIES, INC BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER
CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER.
IN NO EVENT SHALL INTERFACE TECHNOLOGIES' LIABILITY EXCEED
THE TOTAL COST OF THIS CONTRACT BETWEEN INTERFACE TECHNOLOGIES AND CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that its use of the Internet and any service
provided by INTERFACE TECHNOLOGIES to it complies with
all applicable federal, state and local laws and regulations,
including but not limited to all laws pertaining to copyright,
trademark, proprietary information, intellectual property rights,
defamation,
tortious interference with business, invasion of privacy, and
pornography*. In the event that CUSTOMER violates this provision,
INTERFACE TECHNOLOGIES shall have the right to consider
same a breach of this Agreement by CUSTOMER which shall entitle
INTERFACE TECHNOLOGIES to terminate CUSTOMER immediately
without prior notice.
* It shall be within the sole discretion of INTERFACE TECHNOLOGIES
to deem material as pornographic or inappropriate.
INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for validating the integrity
of the information and data it receives or transmits over the
Internet.
ACCOUNT
SECURITY
CUSTOMER shall be solely responsible for protecting the
security of its Internet account and usage. CUSTOMER'S password
shall be considered private information and shall not be
disseminated or in any other manner disclosed and/or transferred
to third parties. INTERFACE TECHNOLOGIES shall not
be liable for any breach of security caused by CUSTOMER
or third parties. IN NO EVENT SHALL INTERFACE TECHNOLOGIES
LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT
BETWEEN INTERFACE TECHNOLOGIES AND CUSTOMER.
INTERFACE TECHNOLOGIES will use its best efforts to
maintain the integrity and security of CUSTOMER'S password.
DOMAIN NAME OWNERSHIP
CUSTOMER shall be responsible for all costs and fees associated
with its domain name including, but not limited to all costs and
fees for moving same. CUSTOMER shall make pavement directly to
the issuer. Under no circumstances shall INTERFACE TECHNOLOGIES
be responsible for this cost.
LEGAL
ACTION
CUSTOMER agrees to indemnify and hold INTERFACE TECHNOLOGIES
harmless in any legal action which arises as a result of
CUSTOMER'S use of INTERFACE TECHNOLOGIES services, without
limitation or exception including, but not limited to any action
brought against CUSTOMER by a third party.
HEADINGS
Headings in this Agreement are for convenience only and shall
not be used to interpret or construe these provisions.
MODIFICATION
The terms and conditions of this Agreement may be modified at
the discretion of INTERFACE TECHNOLOGIES with 30 days notice
to CUSTOMER.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made between
the parties pertaining to the subject matter of this Agreement.
There are no other understandings or Agreements. Failure to properly
notify INTERFACE TECHNOLOGIES via e-mail, telephone or regular
mail of your disagreement with the above terms and conditions
will constitute CUSTOMER'S acceptance of it.
This
Agreement shall automatically renew itself for an additional twelve-month
period unless otherwise canceled or terminated by either party
in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, CUSTOMER
agrees to be bound by the Terms and Conditions currently in effect.
INTERFACE TECHNOLOGIES
current Terms and Conditions may be viewed www.interface.ca
RENEWAL
If not canceled by CUSTOMER, this Agreement will automatically
self-renew after a twelve (12) month period for an additional
twelve (12) month period.
CUSTOMER'S failure to properly notify INTERFACE TECHNOLOGIES
of its objections to any of the terms and conditions set
forth herein shall constitute CUSTOMER'S acceptance of same.
This Agreement shall automatically renew itself for an additional
twelve-month period unless otherwise canceled or terminated by
either party in accordance with the notice provision set forth
herein.
In the event this Agreement is automatically renewed, CUSTOMER
agrees to be bound by the Terms and Conditions currently in effect.
INTERFACE TECHNOLOGIES
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