Terms and Conditions:
THIS
AGREEMENT is made and entered between Tolerant Solutions, and the Customer,
who wishes to use the services of Tolerant Solutions in accordance
with Tolerant Solutions's standard application.
NOW, THEREFORE,
in consideration of the foregoing premises and the mutual covenants hereinafter
set forth, the parties hereto agree as follows:
SERVICE
DESCRIPTION: As a World Wide Web service provider, Tolerant Solutions
provides dedicated server computers which are integrated into the Internet.
These server computers shall send and receive information in relationship
to the World Wide Web. Customer wishes to connect to the World Wide Web
utilizing the hardware and software resources of Tolerant Solutions
to establish an Internet web presence on one of Tolerant Solutions's
server computers.
CONDITIONS:
The application and this Agreement constitute a binding contract between
Tolerant Solutions and the Customer and does not extend to any
other person or entity. Customer may resell to third parties but is responsible
for third party activities and content, and is bound by the terms under
this Agreement. Cancellations within the 30 day money back period will
receive 100% of all monies paid. Cancellations after that time period will
not be cancelled until their next invoice cycle date and no refund(s) will be issued.
WARRANTIES:
With respect to the service to be provided herein, the Customer acknowledges
that Tolerant Solutions makes absolutely no warranties whatsoever,
express or implied. As a result, the Customer agrees that Tolerant Solutions shall not be liable to the Customer for any claims or damages
which may be suffered by the Customer, including, but not limited to, losses
or damages resulting from the loss of data as the result of delays, non-deliveries,
or service interruptions.
INFORMATION:
The utilization of any data or information received by the Customer from
the utilization of the service to be provided by Tolerant Solutions
is at the Customer's sole and absolute risk. Tolerant Solutions
specifically disclaims and denies any responsibility for the completeness,
accuracy or quality of information obtained through the services to be
provided hereby.
DOMAIN
NAME: If Tolerant Solutions shall acquire an Internet Domain
Name on behalf of the Customer, then in such case the Customer hereby waives
any and all claims which it may have against Tolerant Solutions,
for any loss, damage, claim or expense arising out of or in relation to
the registration of such Domain Name in any on-line or off-line network
directories, membership lists or registration lists, or the release of
the Domain Name from such directories or lists following the termination
of the providing of this service by Tolerant Solutions for any
reason.
PAYMENT:
The first payment is due at the time the application is filled out, and
returned to Tolerant Solutions. Subsequent payments are due according
to the selected fee schedule following the establishment of the web space
on the Internet. Web space will be billed a minimum of one (1) month in
advance depending on the selected fee schedule. Subsequent payments are
due immediately following the invoice date as per the selected fee schedule. In
the event that the Customer fails to pay for such services in advance,
Tolerant Solutions shall be entitled to unilaterally terminate
this Agreement and discontinue the service until payment is made. Payment
by credit card and online cheques are currently processed by our merchant and will appear as "Tolerant Solutions" on your statements.
REFUNDS:
Refunds shall be providing for service acquired within the previous 30
(thirty) days but not limiting to domain name(s), or any other item specified as per the agreement. Refunds after 30 days will not be issued. Accounts that are terminated for
failing to meet any of the here mentioned criteria will NOT receive a refund.
UNILATERAL
SERVICE REVOCATION: In the event that Tolerant Solutions
may at any time believe that the service is being utilized for unlawful
purposes by the Customer or in contravention with the terms and provisions
herewith, Tolerant Solutions may immediately discontinue such
service to the Customer without liability. This will include adult content,
links to adult content and/or unsolicited email (spam), "DOS" attacks and/or illegal software, abusive bandwidth programs, and Tunnelling. If Tolerant Solutions deems you are using the network or servers to unlawfully connect to remote networks, or violate other networks' policies, Tolerant Solutions may revoke your service without notice and/or refund.
INDEMNIFICATION:
The Customer shall indemnify and hold harmless Tolerant Solutions
from any and all loss, cost, expense, and damages on account of any and
all manner of claims, demands, actions, and proceedings that may be initiated
against Tolerant Solutions on the grounds that the web space
content violates any copyright, proprietary right of any person, state
and federal regulations, or contains any matter that is libelous or scandalous.
CHANGES
IN TERMS OF SERVICE: Tolerant Solutions reserves the right
to make changes to the terms and conditions of this Agreement upon thirty
(30) days notice to the Customer, advising of the change and the effective
date thereof, but with changes in service fees being effective only at
the end of any period for which the Customer has prepaid. Utilization of
the service by the Customer following the effective date of such change
shall constitute acceptance by the Customer of such change(s).
ENTIRE
AGREEMENT AND UNDERSTANDING: This instrument and the application for
web space constitute the entire agreement between the parties, and represent
the complete and entire understanding of the parties with respect to the
subject matter of this Agreement.
GOVERNING
LAW: This Agreement shall be governed by the laws of Ontario, Canada.
In the event that any term or provision of this instrument is held by a
court of competent jurisdiction to be unenforceable, then the remaining
provisions of this instrument and the agreement which it evidences, shall
remain in full force and effect.
IN WITNESS
WHEREOF, the parties hereto, intending to be legally bound hereby, and
in consideration of the covenants and agreements contained herein, do hereby
execute this instrument, with each party warranting their ability to enter
into this agreement for the person or entity herein named as a party hereto.
Content
of a pornographic, sexually explicit, or adult nature, Content of an illegal
nature (including stolen copyrighted material), Pirated software sites,
Gambling related sites, Hate sites or content that could be reasonably
considered as slanderous or libelous, Content that is questionable regarding
any of the above criteria will be decided upon by a Tolerant Solutions
representative.
First
offense will result in immediate termination of account. If this occurs
the unused portion of your account will not be refunded. Tolerant Solutions reserves the right to cancel your service with NO refunds
should either of the above occur. Resellers are responsible for their customers
content.
SPINNERS RULE: If you currently have an active account with Tolerant Solutions and your new account has a greater or equal discount, and you cancel your original account within 90 days of
activating your new account-- Your new account will be subject to the previous discount, and not
the greater discount.
Terms
of Service last updated: 01/02/04