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Before becoming a client of Canville Web Design, please read the following user agreement in its entirety. This
agreement covers all rules and regulations concerning your web
hosting account, including billing and service agreements. If
you have any questions concerning this agreement, please contact us prior to signing up.
In consideration of the use of Canville Communications Web Hosting
Services, the user (hereafter referred to as “Client”) hereby
acknowledges and agrees to the following:
1. Canville Communications is a private company providing commercial
Internet web hosting and related services. Canville Communication’s
equipment and facilities may be used to send electronic mail (“eMail”),
conduct commercial transactions, transfer files, and otherwise
enjoy all legal aspects of Internet web hosting services, subject
to the terms of this Agreement.
2. The Client will not use the facilities of Canville Communications
for the storage or distribution of any image that is considered
obscene, pornographic, lewd, erotic, or appeals to the prurient
interest of the average person. Canville Communications reserves
the right to make the sole determination of what may or may not
fall under the above mentioned categories and such decision will
be applied by Canville Communications without appeal by the Client.
3. The Client will not use the facilities of Canville Communications
for the delivery of any proprietary software to any other person
unless the client has the full and legal right to claim ownership
and/or distribution rights of said software for the purposes of
sale and/or distribution.
4. The Client will not use the facilities of Canville Communications
for the purpose of sending or receiving the responses of bulk
commercial email nor shall the client use Canville Communications’
facilities for the sending of any unsolicited email in any form
for any purpose. Neither shall the Client allow any bulk commercial
email to be sent that directs the recipient to go to the website
of the Client. Neither shall the Client use any of Canville Communications’
facilities to facilitate the harassment of any Internet user in
any fashion.
5. The Client will not permit any other person(s) to use the facilities
of Canville Communications for the purpose of violating Client
agreement paragraphs two, three and four.
6. The Client grants Canville Communications the right to investigate
any large and/or sustained transfer of data for the purposes of
determining if the Client is violating Client agreement paragraphs
two, three and four.
7. The Client understands that if he or she is in violation of
Client agreement paragraphs two, three, four, or five that Canville
Communications will immediately and without recourse terminate
the Client’s account without warning or refund.
8. Canville Communications reserves the right to move large Client
files to another server if necessary for the purpose of effective
delivery of those files. Canville Communications will notify the
Client by email if such a change is necessary.
9. No Client will interfere with, disrupt, electronically intrude
upon, or attempt to gain unauthorized access to any aspect of
Canville Communications’ network, servers, hard drives, or any
other equipment owned, leased or used by Canville Communications
for any purpose whatsoever. Violation of the terms of this paragraph
may result in civil or criminal penalties and/or immediate termination
of the account without warning or refund.
10. Client shall not rent, sell, transfer, or otherwise allow
others to use their account space or services without the explicit
and advance written consent of Canville Communications. Canville
Communications has the right to accept or deny that request at
Canville Communications’ discretion.
11. The Client assumes all responsibility and liability for any
text, images, graphics, or other electronic data that the Client
deposits on Canville Communications equipment whether that data
is distributed or not to any other user. The Client assumes all
responsibility and liability for any damages resulting from the
storage and/or distribution of such electronic data if any storage
and/or distribution of such electronic data results in a violation
of any local, state, federal, or international law or regulation.
12. The Client agrees to pay all charges incurred for services
on or before the date on which those charges are due. Unless agreed
to in advance by Canville Communications in writing, all payments
are due by the last day of the month and considered late by the
10th day of the following month. The client understands that failure
to pay such charges by the 10th of each month in which they are
due will result in immediate discontinuance of services to that
client by PagePlop according to the following terms:
Clients invoiced by Canville Communications are mailed or eMailed
invoices on the 15th of each month. The invoice is due in full
by the last day of the month. Payments are considered late if
not received within 10 days of the due date. On the 10th of each
month, late notices are emailed to the billing contact. Payments
not received by 15 days after the due date are considered delinquent
and all services to the delinquent account are immediately disconnected.
Services can be reconnected if Client pays the current balance
in full plus a set up fee per the current Canville Communications
account prices within 30 days after the due date. Any account
delinquent more than 3 times in any 6 month period must register
for credit card debit. Any account delinquent greater than 30
days or delinquent 15 to 30 days more than 4 times in any 6 month
period will be terminated permanently without possibility of reconnection.
Clients charged monthly by Canville Communications through an
authorized credit card debit are charged within 5 days of the
15th day of the month and are mailed or eMailed an itemized statement.
Declined charges are re-processed by the last day of the month.
Charges not paid by the 10th day of the month are considered late.
On the 10th day of each month, late notices are emailed to the
billing contact. Payments not received by 15 days after the due
date are considered delinquent and all services to the delinquent
account are immediately disconnected. Services can be reconnected
if Client pays the current balance in full plus a set up fee per
the current Canville Communications account prices within 30 days
after the due date. Any account delinquent greater than 30 days
or delinquent 15 to 30 days more than 4 times in any 6 month period
will be terminated permanently without possibility of reconnection.
13. Canville Communications reserves the right to interpret the
above paragraphs in a broad manner and to modify, delete, or add
to these agreements at any time. Canville Communications will
notify the Client of any changes in this agreement by eMail or
US Postal Service.
14. The User acknowledges that the services provided under this
Agreement are provided by Canville Communications on an “as is”
basis. Canville Communications makes no representations or warranties,
express or implied, with respect to web hosting services and access
thereto, including, without limitation, warranties of merchantability
or fitness for a particular purpose. Canville Communications does
not represent or warrant that access to web hosting services shall
be uninterrupted, or that there shall be no failures in the transmission
of information, errors or omissions in transmission of information,
errors or omissions in information, or loss of information.
15. In no event shall any liability of Canville Communications
exceed any amounts paid to Canville Communications under this
Agreement, regardless of the cause or form of action arising out
of or in connection with this Agreement or the use of web hosting
services. The Client acknowledges that it assumes all risks of
loss or damage in connection with its use of web hosting services,
including but not limited to, any loss or damage arising from
the selection of uses to which it will put the web hosting services
and the adequacy of the web hosting services to meet the Client’s
needs. The Client assumes all responsibility and liability for
any information that the Client places on the web hosting services
regardless of whether or not that information is distributed to
any other user. The Client assumes all responsibility and liability
for any damages resulting from the storage and/or distribution
of the information if such action results in a violation of any
local, state, federal or international law or regulations.
16. The Client and Canville Communications shall at all times
remain independent contractors of each other and no agency, partnership,
joint venture, or employment relationship shall arise, directly
or indirectly, as a result of this Agreement. The Client agrees
that should any part of this agreement be determined to be or
become illegal or unenforceable that the balance of the agreement
shall remain in full force and effect.
17. This Agreement shall be governed and construed in accordance
with the laws of the State of Ohio. No action, regardless of form,
arising out of or in any way related to the subject matter of
this Agreement may be brought more than two years after the cause
of action has arisen. The Client agrees that, in any action brought
under, arising out of or in connection with this Agreement or
any alleged breach hereof, the sole forum shall be the federal
or state courts sitting in Butler County, Ohio, and any action
commenced in such courts will not be transferred or removed to
any other state or federal court. The Client agrees to personal
jurisdiction and venue of such courts.
18. This Agreement is the complete contract between the parties
and supersedes any prior agreement whether written or oral. No
modification to this Agreement may be made except in writing by
Canville Communications or by publication online by Canville Communications.
Revised terms and policies are binding on the Client upon publication
of the revised terms and policies.
If you agree to the terms of this agreement, please use our contact form to contact us to set up your new web site. |
