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1.
AMRAY NETWORK CORPORATION exercises no control what so ever
over the content of the information passing through its network.
AMRAY NETWORK CORPORATION makes no warranties of any kind,
whether express or implied, for service it is providing. AMRAY
NETWORK CORPORATION will not be responsible for any damage
Customers suffers. This includes loss of data resulting for
delays, nondeliveries. misdeliveries, or service interruptions.
Use of any information obtained via AMRAY NETWORK CORPORATION
network is at Customer's own risk. AMRAY NETWORK CORPORATION
specifically denies any responsibilities for any accuracy
or quality of information obtained through its services.
2. Customers use of AMRAY NETWORK CORPORATION host computers
and points of presence (AMRAY NETWORK CORPORATION Network)
may only be for lawful purposes. Transmission of any material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: transmitting data which
is threatening, obscene, or defamatory, which belongs to a
third party and is protected by copyright, trade secret, patent,
or other intellectual property laws, or violates export control
laws. Customer agrees to indemnify and hold harmless AMRAY
NETWORK CORPORATION from any claims resulting from Customer's
use of the service or the use of the service by anyone authorized
by Customer which damages AMRAY NETWORK CORPORATION or any
third party.
3. Any access to other networks connected to AMRAY NETWORK
CORPORATION must comply with the rules appropriate for that
other network.
4. Payment is due on request for registration. Accounts are
in default if payment is not received immidiately. If your
payment is returned to us unpaid you are immediately in default
and subject to a returned check and charge of $25 from AMRAY
NETWORK CORPORATION. Accounts unpaid 15 days after date of
invoice may have their service interrupted. Account paying
by electronic payment shall be in default if funds are not
paid with in 15 days of the 1st of the month and may have
their service interrupted. Such interruption does not relieve
you from the obligation to pay the charge. Accounts in default
are subject to an interest charge of the lesser of 2.5% per
a month, or the maximum rate permitted by law, on the outstanding
balance. Customer agrees to pay AMRAY NETWORK CORPORATION
its reasonable expenses, including attorney and collection
agency fees, incurred in enforcing its rights under these
Terms and Conditions.
5. AMRAY NETWORK CORPORATION offers Discounted Domain Name
registration prices only to customers who use AMRAY NETWORK
CORPORATION Web Hosting as their Web Hosting Service Provider.
Posted prices for Domain Name Registration can be changed
by AMRAY NETWORK CORPORATION and we reserves the right to
change the rates and otherwise modify these prices at any
time without advanced notice. Cost of Services (registration
fees, domain parking fees, set up fees etc.) are included
in posted prices and no additional charges will be applied
ONLY IF registrant(s) of Domain Name uses AMRAY NETWORK CORPORATION
Web Hosting Services to host their Web Sites, otherwise Costs
for Domain Name registration Services in amounts of $35.00US shall be paid to AMRAY NETWORK CORPORATION within 48 after initial application has been processed.
6. AMRAY NETWORK CORPORATION shall not insure or be responsible
for any loss or damage to property of any kind owned or leased
by Customer or its employees, contractors, and agents placed
at AMRAY NETWORK CORPORATION point of presence. Any policy
of insurance covering the Equipment owned or leased by Customer
against loss or physical damage shall waive their rights against
AMRAY NETWORK CORPORATION and Landlord and each of their directors,
officers, employees, contractor and agents.
7. To the fullest extent permitted by applicable law, this
Agreement and any other agreements, notices or other communications
regarding your account and/or your use of the Service ("Communications"),
may be provided to you electronically and you agree to receive
all Communications from AMRAY NETWORK CORPORATION in electronic
form. You agree and warrant that you have access to the Internet
and to a current functional personal e-mail address. Although
we will take reasonable steps to contact you based on information
that you have provided us, AMRAY NETWORK CORPORATION will
not be liable for any undelivered e-mail communications or
any costs you incur for maintaining Internet access and an
e-mail account. You have an AFFIRMATIVE OBGLIGATION to provide
AMRAY NETWORK CORPORATION with a correct and operational e-mail
address, and to notify AMRAY NETWORK CORPORATION promptly
as to any changes or cancellations of any and all e-mail addresses
you provide AMRAY NETWORK CORPORATION. AMRAY NETWORK CORPORATION
reserves the right to take measures to ensure the integrity
of its contact directory, and expects that you, as a customer,
will cooperate and keep your contact information current.
8. This agreement takes effect when accepted by AMRAY NETWORK
CORPORATION in Manitoba. It is to be governed by and construed
under the laws of the Province of Manitoba and Canada. The
federal and provincial courts of the Province of Manitoba
shall have exclusive jurisdiction to adjudicate any non-arbitrable
dispute arising out of this agreement. Customer hereby expressly
consents to (1) the jurisdiction of the courts of Manitoba
and (2) service of process being effective upon it by registered
mail sent to the address set forth at the beginning of this
document, as may be changed from time to time by written notice
actually received by AMRAY NETWORK CORPORATION. AMRAY NETWORK
CORPORATION will comply with all orders issuing from tribunals
having jurisdiction over AMRAY NETWORK CORPORATION, and that
such compliance could affect the services AMRAY NETWORK CORPORATION
to Customer.
9. You must read the current Terms and Conditions prior to
initiating a transaction. By clicking "I Agree", or by submitting
payment information through the Form you agree to the Terms
and Conditions of this Agreement. You further agree that this
Customer Agreement forms a legally binding contract between
you and AMRAY NETWORK CORPORATION, and that this Agreement
constitutes "a writing signed by You" under any applicable
law or regulation. Any rights not expressly granted herein
are reserved by AMRAY NETWORK CORPORATION. AMRAY NETWORK CORPORATION
reserves the right to change the rates at any time and otherwise
modify these Terms and Conditions at any time without advanced
notice. These Terms and Conditions supersede all previous
representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of
any order submitted..
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