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This agreement represents the complete
agreement and understanding between Veryserv and the account holder
(hereinafter called Customer) and supersedes
any other written or oral agreement.
Upon notice published on-line via Veryserv
services, Veryserv may modify these terms
and conditions, amplify them, and/or modify
the prices, as well as discontinue or change
services offered.
If you do not agree to these terms and conditions,
please notify our Billing Department at
(403) 313-2032 so we can initiate a closure
of your account. USE OF YOUR ACCOUNT shall
constitute your approval.
1. Veryserv makes no warranties of any kind,
whether expressed or implied, for the service
it is providing. Veryserv
also disclaims any warranty of merchantability
or fitness for a particular purpose.
It is the responsibility of the customer to notify
Veryserv of any discrepancy or fault found with
the services provided.
Veryserv will not be responsible
for damages the customer suffers.
This includes loss of data resulting from
delays, non-deliveries, misdeliveries, or
service interruptions caused by its own
negligence, subscriber's errors or omissions,
or due to the fault of third parties.
2. Services provided to the Customer by
Veryserv may only be used
for lawful purposes. Transmission
or publication of any information, data
or material in violation of any Canadian
or U.S. Federal or state regulation or law
is prohibited. This includes, but
is not limited to, material protected by
copyright, trade secret or any other statute,
threatening material or obscene material.
Veryserv reserves the right
to remove any and all materials which infringe
on copyright work.
3. Customer agrees to defend, hold harmless
and expeditiously indemnify Veryserv from any liability, claim, loss,
damage or expense arising out of the indemnifying
party's breach or violation of any covenant
contained in this Policy and resulting from
the Customer's use of the service.
4. Veryserv reserves the right
to cancel service for any reason without
prior notice. In case of cancellation,
unused fees may be returned to the subscriber
on a pro-rata basis.
5. Setup fees, if any, are not refundable.
6. Additionally, CUSTOMER agrees not to
utilize the Veryserv service,
equipment or email address in connection
with the transmission of the same or substantially
similar unsolicited message.
7. Customer agrees not to transmit, promote,
or otherwise make available any software,
product or service that is either illegal
or designed to violate this Agreement. Such
software, products or services include,
but are not limited to, programs designed
to send unsolicited advertisements (i.e.
"spamware")
and services which send unsolicited
advertisements.
8. Veryserv requires that
its agreements be made with a person who
is qualified to contract. As such,
subscriber must be over the age of eighteen
(18) years. Otherwise, a parent or guardian
must accept this agreement and enclose the
proper payment. Veryserv cannot
accept payments from persons who are not
at least eighteen (18) years of age, nor
can we accept agreements from persons who
are not at least eighteen (18) years of
age.
9. Customer shall ensure that its use of
Veryserv's network services
shall not disrupt Veryserv,
its associated networks or equipment forming
part of the systems. In instances
in which an excessive amount of system resources
are utilized by a subscriber, Veryserv reserves the right to place CPU
process limits on the Customer's account
to prevent disruption of service to other
customers. Customers shall not transmit
any communication where the meaning of the
message, or its transmission or distribution,
would violate any applicable law or regulation
or would likely be offensive to the recipient
thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive
basis to any Veryserv user
or to any directly or indirectly attached
network. Use of Veryserv's
connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive
as determined by Veryserv
shall be considered a breach of this Policy
and may result in cancellation of service.
This prohibition extends to sending of unsolicited
mass mailings from another service which
in any way implicates the use of Veryserv's service, Veryserv's
equipment or any site hosted on any Veryserv network.
10. Customer warrants that any material
submitted for publication on Veryserv does not violate or infringe any
copyright, trademark, patent, statutory
common law or proprietary interest of others
or contain anything obscene or libelous.
Veryserv reserves the right
to remove any and all materials which infringe
on copyright work. Such materials
will be removed at any time upon receiving
a complaint and or notice of copyright infringement.
11. If Veryserv becomes aware
of material that could be infringing on
a third party's copyright, it will initiate
an investigation. To conduct an investigation
of copyright infringement, the Complainant
must submit at least two items. First,
Complainant must submit a claim in writing
with the applicable copyright or trademark
registration number and a copy of the underlying
copyrighted work along with the Customer's
materials. Second, Complainant must offer
a good faith certification signed under
penalty of perjury. This certification
must state that the work is the property
of the Complainant, that the work has been
copied and that use of the work is not defensible.
With this information in-hand, Veryserv, at its discretion, may, at any
time deny access to the challenged material
of Customer.
12. Veryserv will not host
any web site with
PORNOGRAPHIC contents or any
CASINO
sites.
13. Use of other organizations' networks
or computing resources is subject to their
respective permission and usage policies.
14. Transferring your domain to another
provider does not constitute canceling your
Veryserv account. You must notify Veryserv
to formally cancel your account with Veryserv
to avoid further charges.
15. Veryserv services are provided on prepaid
basis. All payments have to be made before
beginning of the month. In case of nonpayment
of an account within a specified time, Veryserv
may levy a fine or cancel an account.
16. On occasion, Veryserv may have a need
to communicate with its customers through
e-mail issues related to billing, as well
as changes, additions and modifications
to the network. It is the responsibility
of the customer to check e-mail sent to
the primary login e-mail address on the
account.
17. It is the responsibility of the customer
to contact Veryserv of any changes to their
account, such as phone number, address,
credit card information, etc. Customers
will be required to provide verification
for security purposes authorizing them to
make any changes to that account.
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