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 TERMS & CONDITIONS
This AGREEMENT between eSeeLYNX Communication Ltd. ( hereinafter referred to as "WebHostingForFree.com" ) and the Account Holder ( hereinafter referred to as "Member" ) WHEREAS WebHostingForFree.com provides the service including but not limited to that of Web Hosting, Domain Name Registration Service, Email Service, and File Upload Service ( the "Service" ); AND WHEREAS Member desires to subscribe to the Service on the terms and conditions contained herein; now THEREFORE in consideration of the mutual agreements contained in this Agreement, WebHostingForFree.com and Member agree as follows:
01 The Service
WebHostingForFree.com's services include but are not limited to the following: domain hosting, POP email access, and file upload (FTP). WebHostingForFree.com does not place banners on Members' web sites although Members may choose to do so in accordance with all regulations set out by WebHostingForFree.com, the province, and the country. WebHostingForFree.com will not charge a membership fee for the aforementioned services unless Member chooses to use optional services that are subject to a fee. Member is, however, entirely responsible for :
- all fees and/or charges related to domain name registration and/or renewal;
- presenting available payment upon activating Member account for any of WebHostingForFree.com's paid services; if payment is not available upon activation, Member has fourteen (14) days to present a valid credit card number so that the account may be settled; otherwise the account will be suspended until amount is paid in full;
- providing all necessary equipment and software to establish a connection to the World Wide Web so as to use the services offered by WebHostingForFree.com, including but not limited to a computer and modem;
- providing own access to the World Wide Web and pay for all fees associated with such access.
02 Member Information
To be able to use the Service, Member must complete a proper registration process. Member agrees to:
- provide current, complete and accurate personal information (referred to as the Registration Data) as requested by WebHostingForFree.com;
- maintain and update the registration data to keep it current, complete, and accurate.
WebHostingForFree.com does not sell or disclose any Registration Data to a third-party unless :
- Member voluntarily discloses such information to another party;
- Member expressly directs WebHostingForFree.com to release such information;
- WebHostingForFree.com is required to disclose such information by any applicable law or legal process served on WebHostingForFree.com.
03 Advertisements
Member agrees that WebHostingForFree.com holds the right to send, via e-mail, newsletters containing advertisements of our sponsors and/or partners.
Member may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, pornographic, or discriminatory nature. Member may also enter into correspondence with or participate in promotions of the Advertisers whose banners are displayed on own or other Members' web sites. Any such correspondence or participation, including the payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding Member and the Advertiser. WebHostingForFree.com assumes no liability, obligation or responsibility for any part of any such correspondence or participation.
04 Limitations
The Service is subject to the following limitations :
- Member agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the WebHostingForFree.com server;
- Member shall not include content or Internet links to content on member's site that may contain, promote, or involve the following :
- any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
- nudity or pornography;
- content that exploits children under 18 years of age;
- hate propaganda;
- racist, threatening, or otherwise abusive content;
- content promoted through the sending of unsolicited email (also known as spamming);
- sending of unsolicited email (spam) from the WebHostingForFree.com server, or any other server that refers to content on the WebHostingForFree.com server, or sending such email with a WebHostingForFree.com-hosted web site listed as the contact address;
- mail fraud, multi-level marketing (pyramid) schemes or other fraudulent activities;
- the promotion or incitement of, or instruction for, the commission of illegal activities;
- information or other material that contains a virus, corrupted data or other harmful or damaging component.
05 Member Account, Password, and Security
A password and an account are provided to Member upon completion of registration. Member is entirely responsible for :
- maintaining confidentiality of the password and account;
- all consequences of voluntary disclosure of password and account information;
- any and all activities that occur under Member's account.
Member agrees to notify WebHostingForFree.com immediately of any unauthorized use of Member's account or any other breach of security known to Member.
06 Amendments to Agreement
Member agrees to be bound by any amendments or modifications to this Agreement that are set out, from time to time, by WebHostingForFree.com anywhere on this site http://www.WebHostingForFree.com.
07 Modifications to Service
WebHostingForFree.com reserves all rights to modify or discontinue the Service with or without notice to Member. WebHostingForFree.com shall not be liable to Member or any third party should WebHostingForFree.com exercise its right to modify or discontinue the Service.
08 No Representations or Warranties
The Service offered by WebHostingForFree.com is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following :
- WebHostingForFree.com makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the member's site provided or any other services offered;
- WebHostingForFree.com is not responsible for deleted, altered, or lost data due to network or system outrages, file corruption, accidental deletion, or any other reasons;
- WebHostingForFree.com makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;
- WebHostingForFree.com makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the member's sites and is not responsible for any errors or omissions arising from the use of such information;
- WebHostingForFree.com may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. WebHostingForFree.com does not guarantee or warrant the reliability of this information nor does WebHostingForFree.com recommend any of these services.
09 Limitation of Liability
WebHostingForFree.com is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the WebHostingForFree.com server; or losses or damages arising from the use of the content or services provided by WebHostingForFree.com. For greater certainty and without limitation to the generality of the following :
- in no event will WebHostingForFree.com be liable to Member for any direct, indirect, incidental or consequential damages arising out of the Service or in connection with member's site or any other services or products provided to Member;
- WebHostingForFree.com, its officers, directors, owners, agents and employees shall in no way be liable to Member or anyone else for any loss or injury resulting from use of the Service or the member's site;
- in no event shall WebHostingForFree.com be held liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the member's site, providing copies of Members' web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
10 Indemnity
Member agrees to indemnify and hold WebHostingForFree.com harmless from and against, and to reimburse WebHostingForFree.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by WebHostingForFree.com by reason of or arising out of or in connection with :
- any breach of this Agreement by Member;
- any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the member's site;
- illegal, pornographic, or discriminatory content on the member's site
11 Termination
Member agrees that WebHostingForFree.com may terminate this Agreement, discontinue the Service and delete the member's site at any time with or without notice to Member in any of the following circumstances :
- Member violates any term of this Agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by WebHostingForFree.com anywhere on this site http://www.WebHostingForFree.com;
- Member engages in conduct or posts material on the member's site that WebHostingForFree.com believes is harmful to other Members, the business of WebHostingForFree.com or any third-party;
- Member engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the WebHostingForFree.com server;
- Member disputes the terms of this Agreement or any amendment set out by WebHostingForFree.com;
- WebHostingForFree.com receives complaints regarding Member, from other Members or third-parties.
- Member provides personal information that is not current, accurate, and complete.
12 Governing Law
- This Agreement is governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws of Canada;
- Member and WebHostingForFree.com agree to submit to the exclusive jurisdiction of the courts of the province of British Columbia and of Canada;
- If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect;
- WebHostingForFree.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WebHostingForFree.com by writing;
- Member and WebHostingForFree.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this Agreement are solely used for the convenience of the parties involved and hold no legal or contractual significance.
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