Legal – Terms of Service
1. Overview
Host Engage Inc. (hostengage.com, www.hostengage.com), is operated by “Host Engage Inc.”
This service contract (hereinafter the “CONTRACT”) is between Host Engage Inc.. (hereinafter Host Engage Inc.) and the applicant, You: (hereinafter CLIENT) who wishes Internet web Hosting and/or Co-location services with Host Engage Inc..
The Virtual web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.
2. Relationship Between Host Engage Inc. and Client
a) Host Engage Inc. will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b) CLIENT’s rights and privileges can not be sold or transferred without the written consent and approval from Host Engage Inc. thirty (30) days in advance.
c) This contract represents the complete understanding between CLIENT and Host Engage Inc.. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
d) CLIENT agrees not to harm Host Engage Inc., it’s reputation, computer systems, programming and/or other CLIENTS using Host Engage Inc.’s services.
3. Interruptions in Service
Host Engage Inc. is not liable for any errors or interruption in service, whether within or outside of Host Engage Inc. ‘s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Host Engage Inc. free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Host Engage Inc. or by third-party providers, or because of power interruptions or other causes.
4. Password Protection
CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use Host Engage Inc.’s service to guess passwords or to access other systems or networks without authorization. Host Engage Inc. will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
5. IP Addresses
CLIENT must return to Host Engage Inc. all IP addresses issued by Host Engage Inc. to CLIENT if CLIENT discontinues service with Host Engage Inc. or if Host Engage Inc. discontinues service.
6. Internet Etiquette
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which Host Engage Inc. may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Host Engage Inc. by offended users. Host Engage Inc. reserves the right to refuse or terminate service at any time. CLIENT will indemnify Host Engage Inc. and hold Host Engage Inc. harmless from any damage to Host Engage Inc.’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
7. Unsolicited Commercial Email
The Host Engage Inc. network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of Host Engage Inc. may not use, or permit others to use, the Host Engage Inc. network(s) to send UCE. Host Engage Inc. will not host, or permit hosting of sites or information that is advertised by UCE from other networks. Host Engage Inc. will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on Host Engage Inc.’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. Host Engage Inc. reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to Host Engage Inc.’s strict “NO SPAM” policy. Host Engage Inc. reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. Host Engage Inc. will also fine the individual $500.00 per SPAM incident.
8. Warranty and Assumption of Risk
CLIENT uses Host Engage Inc. services at CLIENT’s own risk. Host Engage Inc. makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Host Engage Inc. shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Host Engage Inc. has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
9. Term of Contract, Termination, and Renewal
a) All contracts are on a month to month basis. CLIENT shall pay Host Engage Inc. monthly recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of monthly recurring fees is due by the time stated on Host Engage Inc.’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. Host Engage Inc. may change prices upon 60 days prior written notice either by e-mail or postal correspondence.
b) Host Engage Inc. has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party. CLIENTS who provide the above-mentioned illegal content are in breach of the contract. Host Engage Inc. may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds.
c) All cancellations by CLIENT of service or changes in service must be in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Host Engage Inc. with all account information.
d) If CLIENT breaches any part of this contract and Host Engage Inc. has to engage the services of an attorney, the CLIENT will pay any and all of Host Engage Inc.’s reasonable attorney fees and court costs.
e) If CLIENT’s credit cards are declined for any reason, CLIENT shall pay Host Engage Inc. a $5.00 declination fee. CLIENT is also liable for paying any applicable reconnection charge to Host Engage Inc. if CLIENT’s account service is interrupted for nonpayment.
10. Limitation of Liability
In no event shall Host Engage Inc. or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Host Engage Inc. has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Host Engage Inc. from and against any all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.
I have read and understand all said terms and conditions of this contract.
I agree to fully abide by all conditions, rules, regulations described above.