1. Overview
Outflow.net is operated by Outflow Technologies. This service contract (hereinafter the "CONTRACT") is between Outflow Technologies (hereinafter Outflow) and the applicant, You: (hereinafter CLIENT) who wishes Internet Web Hosting and/or Co-location services with Outflow. 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 Outflow and Client
a) Outflow 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 Outflow thirty (30) days in advance.
c) This contract represents the complete understanding between CLIENT and Outflow. 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 Outflow, it's reputation, computer systems, programming and/or other CLIENTS using Outflow services.

3. Interruptions in Service
Outflow is not liable for any errors or interruption in service, whether within or outside of Outflow’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Outflow 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 Outflow 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 Outflow service to guess passwords or to access other systems or networks without authorization. Outflow will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.

5. IP Addresses
CLIENT must return to Outflow all IP addresses issued by Outflow to CLIENT if CLIENT discontinues service with Outflow or if Outflow 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 Outflow 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 Outflow by offended users. Outflow reserves the right to refuse or terminate service at any time. CLIENT will indemnify Outflow and hold Outflow harmless from any damage to Outflow 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 Outflow network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of Outflow may not use, or permit others to use, the Outflow network(s) to send UCE. Outflow will not host, or permit hosting of sites or information that is advertised by UCE from other networks. Outflow will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on Outflow 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. Outflow 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 Outflow 's strict "NO SPAM" policy. Outflow 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. Outflow will also fine the individual $500.00 per SPAM incident. In addition, Users may not use the Outflow Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

8. Warranty and Assumption of Risk
CLIENT uses Outflow services at CLIENT's own risk. Outflow makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Outflow 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. Outflow 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, unless otherwise stipulated. CLIENT shall pay Outflow 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 Outflow 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. Outflow may change prices upon 90 days prior written notice either bye-mail or postal correspondence.
b) Outflow has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains text or images which contain nudity, are sexually suggestive, and/or which depict sexual situations, 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. Outflow 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 to Outflow.
d) If CLIENT breaches any part of this contract and Outflow has to engage the services of an attorney, the CLIENT will pay any and all of Outflow reasonable attorney fees and court costs.

10. Limitation of Liability
In no event shall Outflow 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 Outflow has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Outflow 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.

By using Outflow you agree that you have read and understand all said terms and conditions of this contract. I agree to fully abide by all conditions, rules, regulations described above

 

 


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