This agreement represents the complete
agreement and understanding. Teamwebpower.com, hereinafter called
Teamwebpower.com or "We" and
the person or organization who subscribes to Teamwebpower.com's Service hereinafter
called Customer or "You".
This Agreement sets forth the Terms and
Conditions that apply to use of the Service by you. By using the Service, you
agree to comply with all of the Terms and Conditions set out in this document.
This document is accessible at any time on our website
Teamwebpower.com shall have the right at any time
to change or modify the Terms and Conditions applicable to your use of the
Services, or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately, with or without notice
Our Services are provided on the basis
of, and are subject to, service, facility and equipment availability. We
reserve the right not to provide one or more Services where necessary
facilities, equipment or services are not available for any reason whatsoever.
2. Term and Termination
The Service shall automatically renew at
the end of the initial Term unless terminated by either party in accordance
with these Terms and Conditions.
If you are dissatisfied with our service,
or with any of our terms, conditions, rules, policies, guidelines, or
practices in operating the Service, your sole and exclusive remedy is to
terminate your Service agreement with us in accordance with our cancellation
policy and discontinue using the Service. You must provide us with not less
than seven (7) days' written notice prior to the next billing date to advise
us of your decision to terminate the Service agreement.
No refunds will be given for partial
terms or for any initial registration fee or setup fees. The Service cannot be
transferred between different domain names.
We reserve the right to terminate any
Service to you immediately and without notice for cause in the event that you
breach this Agreement. We may, at our sole discretion, suspend your service in
lieu of terminating this Agreement while we investigate the alleged breach of
Domain registrations purchased through
Teamwebpower.com cannot be cancelled nor refunded. Domains will remain active until the
end of the registration term.
3. Your Responsibilities
While using the Service you must comply
with applicable laws at all times. You assume total responsibility and risk
for you and your authorized users' use of the Service.
You are responsible for paying all
charges necessary to use and access the Service. We will recognize only you as
the person authorized to accept, utilize, manage, modify or terminate the
Service. Any such changes will require you to provide the correct account
identification and password.
You are responsible for ensuring that
your use of the Service does not:
consume excessive system resources that
disrupts the normal use of the system spawn multiple processes, consuming
excessive amounts of memory or CPU usage spam or perform mass emailing using
internal or external mail and/or news servers
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
Without limiting the scope of the above,
we forbid the storage of illegal/pirated software, 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 email lists intended for spamming or resale purposes.
We strictly enforces a zero-spam
tolerance policy. Spam abuse includes, but is not limited to, bulk email
originating from our servers mass distributed to unknown recipients soliciting
products or services and/or bulk email NOT originating from our servers mass
distributed to unknown recipients soliciting products or services relating to
a Teamwebpower.com account. Spam violations will result in immediate account
safeguarding, collection and use of your personal information and is subject to
periodically to become aware of any such modifications. Continued access or use
of our Service shall be deemed to be conclusive acceptance by you of the
5. Service Fees
The prices for the Service are made available on our website and are subject to
change without notice. No refunds will be given for partial terms or for any
initial registration fee or setup fees. If applicable, you will be charged for
excessive bandwidth usage if you exceed the amount allocated to for your
Service. Suspended accounts requiring re-activation will be charged an account
6. IP Addresses
Teamwebpower.com maintains control and ownership of any IP numbers or addresses that may
be assigned to you for your use of the service. We also reserve the right to
change or remove any IP numbers or addresses at any time. Customers may only use
the assigned IP numbers or addresses as permitted by Teamwebpower.com connection with the
service during the term of this agreement.
We will invoice you for the term of your
service, unless otherwise specified in these Terms and Conditions. Invoices
will include, and you will be responsible for, any applicable provincial and
federal taxes, as well as interest charges on overdue invoices.
You must bring invoice inquiries and
disputes to our attention within 30 days of the invoice date and failure to do
so will be deemed to be an admission that the entire contents of the invoice
8. Payment Terms
Teamwebpower.com accounting cycle begins on the
1st of the month. Invoices are due at the beginning of each term cycle
depending on the billing frequency of the service. Charges for new accounts
not entering the system on the 1st are pro-rated to the 1st of the next month.
Accounts not paid within 7 days of invoice date will be suspended from service
until invoice is paid in full. Suspended accounts are subject to a
CAD$25/US$15 re-activation service charge.
Accounts overdue for 30 days or more
after the invoice date will be removed from our system and processed as a
Payment shall be made by credit card
(Visa, MasterCard or American Express). American Express does not have the
service for Canadian merchants to charge in US funds. Clients using the AE
card will be charged the Canadian dollar equivalent of the total at an
exchange rate of approximately 1.6:1 regardless of their selected billing
9. Service Interruption
We may suspend the Service at any time for
any duration of time, without penalty or liability to ourselves, where
necessary. You agree that it may be necessary for us to temporarily suspend our
Service for technical reasons or to maintain our network, equipment or
facilities. We shall not bear any liability whatsoever for:
any such suspensions of Service;
the termination of Service pursuant to
these Terms and Conditions;
suspension or termination of Service due
to your non-payment of amounts or deposits due;
suspension or termination of Service due
to your unlawful or improper use of facilities or Service by you;
your inability to access any Services; or
suspension or termination of the Service
for any other reason at our sole discretion.
10. Limitation of Liability
The Service is provided on an "as is" and
"as available" basis and use of the Service is at your own risk. We make no
representations or warranties whatsoever, either express or implied, with
respect to the Service or any service, merchandise or information provided
through the Service, including without limitation any representation or
warranty with respect to the network transmission capacity of any common
carriers used by us or the accuracy or quality of the Service. There is no
warranty of title, non-infringement nor any implied warranty of
merchantability or fitness for a particular purpose. It is solely you and your
authorized users' responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services and other information and the
quality and merchantability of the Service and all merchandise and services
provided through the Service generally.
Neither we nor our suppliers warrant that
the Service will be uninterrupted or error free.
Without limiting the generality of the
foregoing, we and our suppliers, and our respective directors, officers and
employees (collectively, in this paragraph, "Teamwebpower.com"), are not responsible or
liable to you or third parties for any claim, loss, damages, liability or
expenses you or others may suffer or incur as a result of, arising out of, or
in any way connected with the Service, any use of it or interruption in it, or
our equipment, whether through act or omission, negligence or otherwise, and
whether direct or indirect. Without limitation, Teamwebpower.com is not liable for any
incidental, special, consequential, punitive, aggravated or exemplary damages,
or loss of use, data, business, income or profits, even if Teamwebpower.com has been
advised of the possibility of such claim, loss, damages, liability or expenses
by you or others. You assume all responsibility and liability with respect to
mistakes, omissions, interruptions, errors, defects, delays in operation or
transmission, or any failure of performance. The limitations on liability
contained in this Agreement shall survive the termination of this Agreement.
Without limiting the generality of the foregoing, in no circumstances shall
our liability to you exceed one (1) month's user fee.
Your Indemnification of Teamwebpower.com
You shall indemnify and hold us and our
directors, officers and employees harmless against all claims, loss, damages,
liability or expenses that we and/or they may suffer or incur, directly or
indirectly, arising out of, resulting from or in connection with your use of
the Service. Indemnification includes, but is not limited to, claims by third
parties, the installation, presence, maintenance, and removal of any and all
equipment, the violation by you of the Agreement in force from time to time,
and legal fees, disbursements and all other reasonable costs incurred by us in
connection with any legal, collection or other proceedings brought by us
against you related to this Agreement.
The relationship between us constitutes
that of independent contractors. You do not possess, nor are you able to
distinguish yourself as having, any authority to act for or create any
obligation of, or make any representation on behalf of or in our name. You shall
not use, in any manner or circumstance whatsoever, trademarks, trade names,
logos or designs owned or licensed by us.
These Terms and Conditions are binding
upon, and shall enure to, our benefit and that of our respective successors,
heirs, executors, administrators, personal representatives and permitted
assigns. You shall not assign or transfer your rights or obligations hereunder
or otherwise in respect of the Service without our prior written consent.
We reserve the right to assign our rights
and obligations under this Agreement to a third-party in connection with a
merger, consolidation, sale of our assets or corporate re-organization.
13. Force Majeure
Neither of us shall be liable for any
delay, interruption or failure in the performance of our obligations if caused
by acts of God, declared or undeclared war, fire, flood, storm, slide,
earthquake, power failure, the inability to obtain equipment, supplies or other
facilities that are not caused by a failure to pay, labour disputes, or other
similar events beyond the control of the party affected that may prevent or
delay such performance. If any such act or event occurs or is likely to occur,
the party affected shall promptly notify the other, giving the particulars of
the event. The party so affected shall use reasonable efforts to eliminate or
remedy the event.
14. Unenforceable Provisions
If any part of these Terms and Conditions
is found to be invalid or unenforceable under applicable law, such part shall be
ineffective to the extent of such invalid or unenforceable part only, without in
any way affecting the remaining parts of these Terms and Conditions.
15. Governing Law
The rights and obligations of the parties
pursuant to these Terms and Conditions is governed by, and shall be construed
in accordance with, the laws of the Province of British Columbia, Canada,
without reference to its conflicts of laws principles.
You may be subject to other local,
provincial and national laws. You hereby irrevocably submit to the exclusive
jurisdiction of the Courts of the Province of British Columbia for any dispute
arising under or relating to this Agreement and waive your right to institute
legal proceedings in any other jurisdiction. We shall be entitled to institute
legal proceedings in connection with any matter arising under this Agreement
in any jurisdiction where you reside, do business or have assets.
Domain name registrations will subject
you to the Terms and Conditions of the respective governing domain extension
registries. .COM, .NET, .ORG domain name extensions are governed by ICANN
policy. Please refer to http://www.icann.org.
16. Age of Majority
Teamwebpower.com do not accept agreements and
payments from persons under the legal age of 18 years. We require that
agreements are made with a person who is legally qualified to contract.
customers must be over the age of 18 years. Otherwise, a parent or guardian must
accept this agreement and ensure proper payment will be made.
No waiver of any of the provisions of these
Terms and Conditions shall be deemed to constitute a waiver of any other
provision nor shall such a waiver constitute a continuing waiver unless
otherwise expressly provided in writing duly executed by the party to be bound
18. Entire Agreement
These Terms and Conditions represent the
complete Agreement and understanding between us with respect to the Service and
supersede any other written or oral agreement.