This agreement represents the complete agreement and understanding between Service Internet Arboreta., (hereinafter called Arboreta) and the customer (hereinafter called CUSTOMER) and supersedes any other written or oral agreement. Upon notice published on-line via Arboreta, Arboreta may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of your account order shall constitute your acceptance of these Terms and Conditions.
1. Provision of Services
- Service means - ANY act of serving the CUSTOMER, being provided by Arboreta, regardless of its duration and whether it's a paid service or a service for free.
- Without limiting the scope of item 1.a. above, Arboreta will provide services on its host computing systems to individual CUSTOMERS in exchange for payment of fees and compliance with the terms and conditions of this document.
- Arboreta Services are defined as the use by the CUSTOMER of computing, telecommunications, software, and information services provided by Arboreta. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
- Arboreta's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar ("registrar"). Arboreta DOES NOT AND CAN NOT GUARANTEE THAT A PARTICULAR APPLICATION FOR A DOMAIN NAME WILL BE ACCEPTED OR APPROVED.
Please note each individual domain name constitutes a single submission.
Arboreta will submit application to the appropriate registrar as provided. It is the registrants responsibility to provide accurate information. Any change to the original information has to made directly to the registrar and not to Arboreta.
- For existing customers only, Arboreta may, with 30 days notice, amend the fees and/or charges for any future server usage and services.
- Be advised that upon registering a domain name with enom, you will be subject to the Terms and Conditions of enom or other registries as applicable.
2. Use of Material
- Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Arboreta services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The CUSTOMER assumes all risks regarding the determination of whether the material is in the public domain.
- As provided by Canadian and United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Arboreta services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
3. Use of Services
- The CUSTOMER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for changing its password as required to assure secure access to its account.
- The CUSTOMER agrees to use the services provided by Arboreta as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any Arboreta policy.
- Arboreta reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
- The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at Arboreta. The ACCOUNT HOLDER represents and warrants to Arboreta that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
- violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
- contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. CUSTOMER agrees to indemnify and to hold Arboreta, and any third party entities related to Arboreta, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
- The CUSTOMER's breach of any of the forgoing representations and warranties, or
- any other third party claim with respect thereto.
- The CUSTOMER understands and agrees that hosting of the CUSTOMER's web site is at the sole discretion of Arboreta. Arboreta may at its sole discretion discontinue web site hosting service to any CUSTOMER operating a web site that Arboreta deems to be in violation of Section (3d.) of these Terms and Conditions.
- Arboreta accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with Arboreta.
- Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
- CUSTOMER will endeavour to prevent viruses from corrupting Arboreta systems. Arboreta may run anti-virus programs to minimize damages.
- CUSTOMER acknowledges that any recommendation by Arboreta employees for services or products ancillary to Arboreta's services are the recommendations of that employee and not of Arboreta. Arboreta does not warrant the integrity or quality of the service or product provided by such third parties.
- In the case of domain name registration the CUSTOMER warrants by submitting an application for domain name registration that, to the best of CUSTOMER's knowledge and belief, the information submitted therein is true and correct, and that any future changes to this information will be provided to the appropriate registrar on a timely manner.
- In the case of domain name registration, CUSTOMER agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
The CUSTOMER agrees to protect, defend, hold harmless and to indemnify Arboreta, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, from any claims, including attorney's fees, resulting from the CUSTOMER's use of Arboreta's services.
5. LIMITED LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER UNDERSTANDS, AGREES AND ACKNOWLEDGES THAT IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Arboreta BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR, INCLUDING BUT NOT LIMITED TO, THE LOSS OF CUSTOMER'S DOMAIN NAME; ANY BUSINESS LOSS, REVENUE DECREASE, EXPENSE INCREASE; COSTS OF SUBSTITUTE PRODUCTS/SERVICES; OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING FROM, INCLUDING BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, ANY OF Arboreta's SERVICES; ANY MALFUNCTION OR INCOMPATIBILITY OF TECHNOLOGIES INCLUDED WITH Arboreta's SERVICES; ANY TECHNOLOGIES ADDED, REMOVED OR ALTERED BY CUSTOMER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, SCRIPTS AND/OR SOFTWARE USED FOR OR ON THE CREATION OR OPERATION OF CUSTOMER'S WEBSITE. ALL OF THE FOREGOING IS APPLICABLE REGARDLESS OF WHETHER Arboreta HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Arboreta's LIABILITY EXCEED THE INITIAL FEE OR ONE (1) MONTH'S FEE PAID BY CUSTOMER TO Arboreta. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF Arboreta's SERVICES.
- The CUSTOMER acknowledges that Arboreta makes an honest effort to keep the information available on Arboreta's systems accurate. However, Arboreta can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Arboreta is at the risk of the CUSTOMER.
- The CUSTOMER acknowledges that the information available through the interconnecting networks may not be accurate. Arboreta has no ability or authority over the material. Arboreta can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Arboreta services is at the risk of the CUSTOMER.
- The CUSTOMER understands, agrees and acknowledges that Arboreta makes an honest effort to provide the CUSTOMER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, Arboreta can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. Arboreta specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through Arboreta, or any other referred third-party, directly or indirectly, is at the risk of the CUSTOMER.
6. Payment of fees for domain registration
- .com, .net, .org domain names. Arboreta Ltd. purchases domains at market rates on behalf of the CUSTOMER and then bills the CUSTOMER for the domain name. You will not be billed by another party for your initial domain name registration.
- Other country domains. CUSTOMER agrees to pay the appropriate country domain name submission fee as displayed on the Arboreta order form. The non-refundable fee covers the cost of submitting a domain name to the appropriate registrar. Please note that each registrar has it's own terms and conditions for accepting/approving a domain name registration. Arboreta's fee is non-refundable even if the domain name is rejected (because the fee is for the service of submitting the application). Each registrar might have a additional domain registration fee.
7. Payment of fees and penalties
- The Arboreta accounting cycle begins on the date of account creation. Charges for terminating accounts are not prorated.
- Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax.
- The CUSTOMER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period has ended.
- Payment is due at beginning of each accounting cycle.
- Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
- Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. Arboreta accounts continue to accrue charges while they are on hold.
- There is a service reconnection charge of CDN$15.00 to remove accounts from accounting hold status.
- The CUSTOMER acknowledges responsibility for the account until payment in full is made.
- There is a CDN$15.00 service charge for each check which is not honored.
- Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
- The CUSTOMER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the CUSTOMER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. Arboreta has no obligation to warn the CUSTOMER regarding the excessive bandwidth usage.
- CUSTOMER is responsible to ensure that payment to Arboreta made by cheque or money order is sent to the address as it appears on the Arboreta website.
8. "NOT-TO-RENEW" Requests
- This agreement will commence upon the CUSTOMER's acceptance of it and continue on a month-to-month basis.
- All Arboreta accounts must be paid in full before the transaction will be considered complete.
- Cancellations will NOT generate ANY refund.
9. Abuse of Services
- Any use of Arboreta system resources that disrupts the normal use of the system for other Arboreta customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Arboreta forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
- Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by Arboreta Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Arboreta Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to CUSTOMER.
- Unethical and criminal offenses are violations of Arboreta conditions of use. You are expected to report to Arboreta any information you may have concerning instances in which the conditions of use have been or are being violated. When Arboreta becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Arboreta may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge $50CDN.
10. IP Addresses
Arboreta maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the CUSTOMER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
11. Intellectual Property
CUSTOMER warrants that it will not copy, reproduce or republish any material, in whole or in part, located on the Arboreta's website. CUSTOMER will not use the trademarks or copyrights of Arboreta. CUSTOMER will not misrepresent its relationship with Arboreta or attempt to pass itself off as Arboreta or in any way claim that it's Arboreta.
12. Assignment and Agents
- The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the CUSTOMER may not assign or delegate its rights and obligations under his business relationships with Arboreta, either in whole or in part, without the prior written consent of Arboreta. Arboreta may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of Arboreta's assets or other corporate reorganization.
- CUSTOMER agrees that if an application for domain name registration or web hosting completed by an agent for the CUSTOMER (sometimes called Administrative Contact), the CUSTOMER is nonetheless bound as a principal by all terms and conditions herein.
13. Governing Law/Severability
Any Agreement, arising from the business relationships between Arboreta and the CUSTOMER, will be governed by and construed in accordance with the laws of the Province of Quebec (Canada), without reference to its conflicts of laws principles. CUSTOMER agrees that any litigation or arbitration between the parties will take place in Quebec (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
14. Age of Majority
Arboreta cannot accept agreements and payments from persons under the age of 18 years. Therefore, Arboreta requires that its agreements be made with a person who is qualified to contract. As such, the CUSTOMER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.
15. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement of the CUSTOMER and Arboreta, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the CUSTOMER, will be effective only if accepted in writing and signed by Arboreta.