Terms and Conditions of Service |
| These Terms and Conditions are entered into by and between Prudens Consulting Group (hereinafter "Company") and YOU (hereinafter "Client"). |
| SERVICES PROVIDED. Company shall supply web hosting and/or e-mail services. Client hereby agrees to assign a specific person(s) responsible for contact with Company. The person(s) so assigned by Client shall be responsible for all formal communications with Company. |
| TERM AND TERMINATION OF SERVICES. The term of this Contract shall commence upon the time of sign-up and shall continue in effect for a minimum term of three (3) months. Thereafter, Client agrees to notify Company in writing (e-mail w/reply from us to verify we received cancellation is satisfactory) thirty (30) days prior to its termination of any services hereunder. Notwithstanding the forgoing, Company, at its sole option, may terminate service under this Contract at any time, without penalty, if Client fails to comply with the terms of this Contract. |
| LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST DATA OR LOST PROFITS, IN EACH CASE REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT OR IN TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES. |
| LAWFUL PURPOSE. Client may only use Company's service for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is strictly prohibited. |
| INDEMNIFICATION. Client agrees that it shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Company against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Company's Service; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Company's service. |
| GOVERNING LAW. This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the Province of Ontario. All parties hereto hereby consent to the exclusive venue of the city court located in Mississauga, Ontario. |
| SEVERANCE. If any part of this Agreement is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this Agreement, and the effect shall be confined to the part immediately involved in the controversy adjudged. |
| PAYMENT/NON-PAYMENT TO COMPANY. All payments are due within fifteen (15) days of Invoice date. Payments not made within thirty (30) days of invoice date will result in suspension of account. A $25.00 reactivation fee will apply for those accounts that have been suspended. Any balance not paid for by Client, which requires collection and/or court to collect such funds, will result in the domain name(s) of Client becoming property of Company until such funds are collected in full. |
| CLOSURE OF CLIENT: If Client closes business permanently or files bankruptcy and has an open balance due for services rendered by Company, the domain name(s) of Client become property of Company. |
| DISPUTES. Any disputes that arise between Client and Company with respect to the performance of this contract shall be subject to binding arbitration by the American Arbitration Association. Said disputes will be determined and resolved by said association under its rules and procedures in effect at the time of submission. The parties hereby agree to share equally in the costs of said arbitration. |
| ACCEPTANCE. By submitting your sign-up form, you indicate acceptance of the terms and conditions of this Contract by Client. |
| LAST MODIFIED: 06/08/2004 |
| Signing up with us signifies that you have read and understood the terms and conditions of service |
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