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TERMS and CONDITIONS of SERVICE

This agreement represents the complete agreement and understanding between REL-MAR McCONNELL MEDIA COMPANY and you, the client, the account holder and member of REL-MAR McCONNELL MEDIA COMPANY, and supersedes any other written or oral agreement. Upon notice published on-line via REL-MAR McCONNELL MEDIA COMPANY, REL-MAR McCONNELL MEDIA COMPANY may modify these terms of service, and/or modify its prices for services, as well as discontinue or change the services offered at anytime without prior notice. If you do not agree to these terms and conditions, please notify our administration department at 905-575-5362 so we may initiate a closure of your account.

1.0 Provision of Services

1.1 REL-MAR McCONNELL MEDIA COMPANY provides hosting services on its computing and network systems to individual clients in exchange for payment of fees and compliance with the terms and conditions of this agreement.

1.2 REL-MAR McCONNELL MEDIA COMPANY services are defined as the use, by the client, of computing, telecommunications, Internet software, and information services provided by REL-MAR McCONNELL MEDIA COMPANY including, without limitation, provision of access to computing, telecommunications, software and information services provided by others via the Internet.

1.3 Clients less than 18 years of age must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of these terms and an agreement to supervise access by such account holders.

1.4 REL-MAR McCONNELL MEDIA COMPANY will publish a notice of fee increases 30 days before such increases take effect. Any publication or communications required or contemplated under this agreement may be carried out by electronic mail (e-mail) or other notice published on-line.

2.0 Use of material

2.1 Canadian law and international treaties provide that copyrighted materials (e.g. images, texts and programs) may not be reproduced or otherwise dealt with in violation of the rights of the copyright holder. The client assumes all risks regarding the determination of the extent of the permission provided by copyright holders to use materials available from the Internet. The client agrees not to infringe copyright laws nor to change author attribution notices or copyright notices without the specific permission of the parties involved.

3.0 Use of services

3.1 Client may only use the REL-MAR McCONNELL MEDIA COMPANY services for lawful purpose. Transmission of any material in violation of any Federal, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. REL-MAR McCONNELL MEDIA COMPANY expressly forbids anyone from using the services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the REL-MAR McCONNELL MEDIA COMPANY management.

3.2 REL-MAR McCONNELL MEDIA COMPANY accounts are for individual users and the client therefore agrees not to share the password of the account with anyone else. REL-MAR McCONNELL MEDIA COMPANY accounts are not to be used for multi-user applications, or LAN or server connectivity applications, unless otherwise stipulated in writing. The client acknowledges that REL-MAR McCONNELL MEDIA COMPANY will terminate the account without notice if the account holder does not comply with these terms.

3.3 The client agrees to maintain a secure password for the account. The client is responsible for the security of the account and materials obtained through the account. Without limiting the account holder's responsibility for choosing secure passwords REL-MAR McCONNELL MEDIA COMPANY suggests that the password should be a) between 6 and 8 characters long, contain both upper and lower case letters, and numbers or other characters, and b) a word which cannot be found in direct or reverse order in any dictionary, without regard to the language of the dictionary.

3.4 The client agrees to use the services as permitted by local, provincial and federal law. The client shall not use the services or carry out any business activity or solicit performance of any activity that is prohibited by law. The client expressly agrees:

a) not to interfere in the lawful use, by others, of their accounts;
b) not to modify, reverse engineer or, decompile, disassemble, or create derivated works based on REL-MAR McCONNELL MEDIA COMPANY software;
c) not to release computer viruses or other unauthorized or unwanted computer programs or data onto the Internet;
d) not to interfere, disrupt or block the use by that persons computer programs or data; or violate copyright, moral rights, or any other rights of any person, firm or corporation; or
e) carry out any other act or omission which is contrary to law.

3.5 The client agrees not to use any process, program, or software/hardware tool via REL-MAR McCONNELL MEDIA COMPANY services for guessing the passwords of account holders on REL-MAR McCONNELL MEDIA COMPANY or other systems. The client agrees not to use REL-MAR McCONNELL MEDIA COMPANY services to make unauthorized attempts to access the systems and networks of others.

3.6 REL-MAR McCONNELL MEDIA COMPANY services should not be used to send unsolicited advertising, spamming (repetitive posting), inappropriate material or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses.

4.0 Use of Internet and Services At Own Risk

4.1 The client acknowledges that REL-MAR McCONNELL MEDIA COMPANY makes an honest effort to keep the information available on REL-MAR McCONNELL MEDIA COMPANY’s systems accurate. However, REL-MAR McCONNELL MEDIA COMPANY 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 REL-MAR McCONNELL MEDIA COMPANY is at the risk of the account holder.

4.2 The client also acknowledges that the information available through the interconnecting networks may not be accurate. REL-MAR McCONNELL MEDIA COMPANY has no ability or authority over the material. REL-MAR McCONNELL MEDIA COMPANY 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 REL-MAR McCONNELL MEDIA COMPANY services is at the risk of the account holder.

5.0 Payment of fees and penalties

5.1 The REL-MAR McCONNELL MEDIA COMPANY accounting cycle begins on the day a hosting account is activated. A month is considered to be until the previous day of the next month. Charges for terminating accounts are not prorated. Prepaid fees for any unused portions of terminated accounts will not be refunded.

5.2 The client acknowledges responsibility for the payment of charges for additional hours over and above the hours included with an account.

5.3 The client agrees to pay REL-MAR McCONNELL MEDIA COMPANY, in addition to their selected hosting package, any exceeded transfer limit in the amount of $4.00 per GB.

5.4 The client agrees to pay REL-MAR McCONNELL MEDIA COMPANY, in addition to their selected hosting package, any exceeded storage rate in the amount of $4.00 per 10 Mb.

5.5 All accounts will be automatically renewed at the end of the existing term unless the customer notifies REL-MAR McCONNELL MEDIA COMPANY in writing, prior to the last day of the current term. All accounts are invoiced for the renewed term approximately 30 days prior to the start date of the new term. (Please also refer to the Account Cancellation section for additional information)..

5.6 REL-MAR McCONNELL MEDIA COMPANY reserves the right to charge an interest rate on any outstanding account the amount equivalent to 18% per annum.

6.0 Account Cancellations

6.1 Cancellation requests for REL-MAR McCONNELL MEDIA COMPANY must be made thirty (30) days prior to the anniversary date of the hosting account.

7.0 Refunds

7.1 No refunds will be issued for fees paid for Web publishing, development fees, hosting, Domain registration fees, static IP address charges or other services contracted through an associated link from REL-MAR McCONNELL MEDIA COMPANY's Home Page.

8.0 Inappropriate Use

8.1 REL-MAR McCONNELL MEDIA COMPANY does not condone any activities that are fraudulent or illegal or may harm another user in any manner. Such confirmed actions will result in the immediate termination of the account without reimbursement of fees paid. The following is a brief list of actions that constitute either illegal or inappropriate use of an account. Actions not listed here that are generally accepted as illegal or inappropriate will also be grounds for termination of an account.

Unauthorized access, or attempted access to data, systems or networks

Unauthorized monitoring of data or traffic usage on a network

Interference in the use of another persons account

Intentional forgery or impersonation of another user

Fraud, defamation, threats, harassment, forgery or any criminal activity

Intentional misuse or distribution of any copyrighted or trademarked materials

Running background processes, or commercial use of a residential account

Spam, chain mail, mail bombing, flames, cancelbots, worms, trojan horse, virus distribution

Specific actions of a user may be cause for Criminal or Civil prosecution. REL-MAR McCONNELL MEDIA COMPANY has and will continue to cooperate with law enforcement agencies when requested.

8.2 A minimum $250 administration fee per incident and $10.00 per recipient (Canadian dollars) will be levied upon any organization or individual using REL-MAR McCONNELL MEDIA COMPANY as a mail relay service. This applies to non-subscribers who attempt to send spam (unsolicited e-mails) through our service. Any REL-MAR McCONNELL MEDIA COMPANY subscribers that sends spam through our system may be terminated without notice or reimbursement of fees paid and may be levied the above fees at the discretion of REL-MAR McCONNELL MEDIA COMPANY..

8.3 Any member of REL-MAR McCONNELL MEDIA COMPANY using the services of another provider, news group, chat rooms etc. are expected to observe the Acceptable/Appropriate Use Policies or Terms of Service Agreement as stated by that provider. If none are stated, the guidelines of our Terms of Service should be observed. At no time, will any REL-MAR McCONNELL MEDIA COMPANY customer attempt to undermine the operability of our services through any direct or indirect connection.

8.4 The customer shall indemnify and save REL-MAR McCONNELL MEDIA COMPANY harmless from and against all suits, claims or judgments howsoever arising in connection with the initiation by the customer of any transmission in connections with the services, or any part thereof, including without limitation, suits, claims or judgments for libel, slander, infringement of copyright or trademark, breach of any term hereof or based on any other legal theory howsoever arising from the content of the transmission and any and all costs, damages and expenses (including legal fees) in connection therewith.

9.0 REL-MAR''s right to terminate or limit account usage

9.1 Any use of REL-MAR McCONNELL MEDIA COMPANY’s system, software, network or other resources that disrupts the normal use of the system for other REL-MAR McCONNELL MEDIA COMPANY customers is considered to be an abuse of those resources and is grounds for intervention or termination of the account as set out in this section.

9.2 REL-MAR McCONNELL MEDIA COMPANY reserves the right to terminate without notice and refund any service that is found to in violation of any of the REL-MAR McCONNELL MEDIA COMPANY terms and conditions as specified in the agreement.

9.3 REL-MAR McCONNELL MEDIA COMPANY reserves the right to disconnect sessions after a predefined period of inactivity and to restrict the length of sessions if required.

9.4 The client agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

9.5 Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on REL-MAR McCONNELL MEDIA COMPANY proprietary network protocols or REL-MAR McCONNELL MEDIA COMPANY software is an abuse of REL-MAR McCONNELL MEDIA COMPANY services and entitles REL-MAR McCONNELL MEDIA COMPANY to immediately terminate the account holder's account without limiting any recourse REL-MAR McCONNELL MEDIA COMPANY may wish to take against the account holder in respect of such infringing and illegal activity.

9.6 Depending on the nature and the severity of the abuse, the user may receive an e-mail warning or have their account suspended by REL-MAR McCONNELL MEDIA COMPANY Support. If the misuse is unintentional, the suspension may be rescinded following discussion with REL-MAR McCONNELL MEDIA COMPANY Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the REL-MAR McCONNELL MEDIA COMPANY Operations Manager, and may require the payment of a service reconnection charge.

9.7 Occasionally, unintentional misuse is misclassified as intentional misuse. Clients who believe their activity has been mis-classified may appeal to the REL-MAR McCONNELL MEDIA COMPANY Administration Office. The account holder's sole remedy and REL-MAR McCONNELL MEDIA COMPANY's sole liability in respect of any misclassification of activity shall be credit for service time for the duration of the misclassification applied to the account holder's account.

9.8 Violations of any of the REL-MAR McCONNELL MEDIA COMPANY terms and conditions of use are unethical and may be criminal offenses. You are expected to report to REL-MAR McCONNELL MEDIA COMPANY any information you may have concerning instances in which the conditions of use have been or are being violated. When REL-MAR McCONNELL MEDIA COMPANY becomes aware of possible violations, REL-MAR McCONNELL MEDIA COMPANY will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, REL-MAR McCONNELL MEDIA COMPANY may suspend access to services to the individual account in question.

9.9 Confirmation of violations may result in suspension, termination of the individual account and/or legal prosecution. The account suspension may be rescinded at the discretion of the REL-MAR McCONNELL MEDIA COMPANY Manager, following payment of a reconnection charge. The will be no refunds of any balance

10.0 Limited Liability:

10.1 Client expressly agrees that use of REL-MAR McCONNELL MEDIA COMPANY's service is at Client's sole risk. Neither REL-MAR McCONNELL MEDIA COMPANY, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the server service, unless otherwise expressly stated in this Agreement.

10.2 Under no circumstances, including negligence, shall REL-MAR McCONNELL MEDIA COMPANY, its offices, agents or any one else involved in creating, producing or distributing REL-MAR McCONNELL MEDIA COMPANY's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the REL-MAR McCONNELL MEDIA COMPANY service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, act of terror, destruction or unauthorized access to REL-MAR McCONNELL MEDIA COMPANY's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on service.

10.3 Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

11.0 Identification:

11.1 The client agrees that it shall defend, Indemnify, save and hold REL-MAR McCONNELL MEDIA COMPANY harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against REL-MAR McCONNELL MEDIA COMPANY, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless REL-MAR McCONNELL MEDIA COMPANY against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with REL-MAR McCONNELL MEDIA COMPANY's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on REL-MAR McCONNELL MEDIA COMPANY Server.

12.0 Contract Revisions:

12.1 Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on the use and/or renewal of REL-MAR McCONNELL MEDIA COMPANY service.

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