PSNetworks
(PSNets) agrees to provide to the Client a storage service of the
Client’s
web site and/or related services on PSNets servers or the servers
of a firm representing PSNets under the following terms and conditions:
1.Security
PSNets
shall take reasonable steps to protect the Client’s personal
data from loss, misuse, and unauthorized access, disclosure, alteration
or destruction.
2.Conflicts
PSNets reserves the right to refuse to be involved in
any project that in its’ judgment is illegal, or in some
way harmful to the best interests of PSNets.
PSNets reserves the right to immediately deactivate any Client account that in
PSNets judgement is involved in sending unsolicited bulk mail messages, also
known as spam mail.
PSNets reserves the right to disable any Clients computational processes that
substantially degrade server performance or compromise server security.
3.Data
Even though PSNets makes weekly backups and daily partial backups, the
Client is responsible for maintaining copies of all of its website data.
4.Excused Performance
PSNets will not be liable for any breach in this agreement due to causes
beyond its control.
5.Limitation of Liability
In no event
shall PSNets be held responsible or liable as a result of any delays, breaks
or cancellations of the web hosting service that produces lost profits, lost
business revenue, or third party damages to the Client.
PSNets liability for
negligence or breach of this agreement shall not in any event be greater than
the total amount paid by the Client to PSNets for the hosting service period
that gives rise to claim.
6.Payment
All prices
are in Canadian dollars.
The total amount contracted
for is due at the beginning of the agreed upon term. Interest of 2% per month
will be added to past due amounts. A thirty-five dollar ($35.00) fee will be
added to NSF cheques or chargebacks received from the Client. Clients with overdue
account balances may have services removed from PSNets servers at PSNets discretion.
Restoration of removed service will require the payment in full on any outstanding
balance, plus a seventy-five dollar ($75.00) reinstallation fee.
The Client will pay
all reasonable costs incurred by PSNets for the collection of outstanding amounts
owed to PSNets by the Client.
7.General Provisions
The laws of
the Province of Ontario govern this agreement. Any modifications require written
agreement signed by both parties. Any parts of this agreement found to be invalid
do not invalidate the remainder of this agreement.
The Client may not
assign this agreement or the rights contained herein without the prior written
consent of PSNets.
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