Here are the policies that govern NETalberta’s use
and its users.
NETalberta ISP User Agreement
This User Agreement ("Agreement") is an agreement
between NETalberta Internet Services, a division of
Hök Nik Creative, Inc. ("NETalberta") and any
persons, entity or agents and authorized
representatives using any of NETalberta’s Internet
services (collectively, the "Services). Such party
is referred to in this Agreement as "Customer" or
"you". PLEASE READ THIS AGREEMENT CAREFULLY. BY USE
OF ANY OF NETalberta’s INTERNET SERVICE(S), YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT
AND ALL TERMS AND CONDITIONS INCORPORATED BY
REFERENCE IN THIS AGREEMENT, INCLUDING NETalberta’s
USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT. NETalberta reserves
the right to reject this Agreement for any reason or
no reason, prior to acceptance thereof by
NETalberta. Activation of the Services shall
indicate NETalberta’s acceptance of this Agreement.
Subject to the terms and conditions of this
Agreement, NETalberta will provide to Customer the
Services as requested by Customer.
Usage Policy
Under this Agreement, Customer shall comply with
NETalberta’s then current "Usage Policy", as
amended, modified or updated from time to time by
NETalberta,
and which is incorporated in this Agreement by
reference. Customer hereby acknowledges that it has
reviewed the Usage Policy and that the terms of the
Usage Policy are incorporated herein by reference.
In the event of any inconsistencies between this
Agreement and the Usage Policy, the terms of the
Usage Policy shall govern. NETalberta does not
intend to systematically monitor the content which
is submitted to, stored on or distributed or
disseminated by Customer via the Service (the
"Customer Content"). Customer Content includes
content of Customer's customers and/or users of
Customer's website. Accordingly, under this
Agreement, you will be responsible for your
customers content and activities on your website.
Notwithstanding anything to the contrary
contained in this Agreement, NETalberta may
immediately take corrective action, including
removal of all or a portion of the Customer Content,
disconnection or discontinuance of any and all
Services, or termination of this Agreement in the
event of notice of possible violation by Customer of
the Usage Policy. In the event NETalberta takes
corrective action due to a violation of the Usage
Policy, NETalberta shall not refund to Customer any
fees paid in advance of such corrective action.
Customer hereby agrees that NETalberta shall have no
liability to Customer or any of Customer's customers
due to any corrective action that NETalberta may
take (including, without limitation, disconnection
of Services).
Amendment
NETalberta may amend, modify or update this
Agreement or the Usage Policy at any time in its
sole discretion, and Customer shall be bound by any
such amendment, modification or update. NETalberta
may, but is under no obligation to, provide notice
of any amendment, modification or update of this
Agreement or the Usage Policy. Any modification is
effective on the earlier of two days after posting
on NETalberta’s website or two days after the
sending of a notice by NETalberta to Customer by
e-mail or conventional mail. If any material
modification to this Agreement or the Usage Policy
is unacceptable to you, you may terminate your
subscription as provided in Section 3. However, if
you do not terminate the Agreement, or if you
continue to use the Services following effectiveness
of the modification, your continued use will mean
that you have accepted that modification. NETalberta
reserves the right to amend its service offerings
and add, delete, suspend or modify the terms and
conditions of the Services, at any time and from
time to time, and to determine whether and when any
such changes apply to both existing and future
customers.
Term; Termination; Cancellation Policy
The Initial Term of this agreement shall begin
upon commencement of the Services to Customer. After
the Initial Term, this Agreement shall automatically
renew for successive terms of equal length as the
Initial Term, unless terminated or cancelled by
either party as provided in this section. The
Initial Term and all successive renewal periods
shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party
by giving the other party 30 days prior written
notice (subject to an early cancellation fee as
provided below), (ii) by NETalberta in the event of
nonpayment by Customer, (iii) by NETalberta, at any
time, without notice, if, in NETalberta’s judgment,
Customer is in violation of any term or condition of
the Usage Policy or Customer's use of the Service
disrupts or, in NETalberta’s judgment, could
disrupt, NETalberta’s business operations and (iv)
by NETalberta in accordance with Sections 1, 9, and
10 of this Agreement.
If you cancel this Agreement prior to the end of
the Term:
- you shall be obligated to pay all fees and
charges accrued prior to the effectiveness of
such cancellation,
- NETalberta shall refund to you all pre-paid
fees for basic hosting services (shared,
dedicated and/or managed) for the full months
remaining after effectiveness of cancellation
(i.e., no partial month fees shall be refunded),
less any setup fees and any discount applied for
prepayment,
- you shall be obligated to pay 100% of all
charges for all Services for each month
remaining in the Term (other than basic hosting
fees as provided in (ii) above) and (iii)
NETalberta shall have the right to charge you an
early cancellation fee of $25.00. Any
cancellation request shall be effective 30 days
after receipt by NETalberta, unless a later date
is specified in such request. If NETalberta
cancels this Agreement prior to the end of the
Term, NETalberta shall not refund to you any
fees paid in advance of such cancellation and;
- you shall be obligated to pay all fees and
charges accrued prior to the effectiveness of
such cancellation, you shall be obligated to pay
100% of all charges for all Services for each
month remaining in the Term and NETalberta shall
have the right to charge you an early
cancellation fee of $25.00.
Domain Name Registration, Management &
Cancellation
NETalberta registers and manages domain names on
behalf of its customers on a one year prepaid basis
(except .ca domains - registered and managed for two
years). NETalberta requires 60 days written notice
(prior to the domains expiry date) to cancel or drop
a domain name. Domains are automatically renewed and
customers are invoiced for domain renewals one month
prior to the domain's expiry date.
Billing and Payment
All fees for the Services shall be in accordance
with NETalberta’s fee schedule then in effect, the
terms of which are incorporated herein by reference,
and shall be due at the times provided therein. A
$15.00 late fee will apply to accounts past due more
than ten (10) calendar days from the due date.
NETalberta may, with 30 days notice to Customer,
amend the Services and/or the rates and fees it
charges for the Services. Fees for renewal periods
after the Initial Term shall be due and owing
immediately upon the first day of such renewal
period.
NETalberta may impose a debt service charge equal
to one and one-half percent (1.5%) of the overdue
balance (or such lesser amount as may be required by
law) for each month or fraction thereof the overdue
amount remains unpaid. In addition, in the event
that any amount due NETalberta remains unpaid twenty
(20) days after such payment is due, NETalberta, in
its sole discretion, may immediately terminate this
Agreement, and/or withhold or suspend Services.
There will be a $50.00 charge to reinstate accounts
that have been suspended or terminated.
All taxes, fees and governmental charges relating
to the Services provided hereunder (other than
income taxes of NETalberta) shall be paid by
Customer. Customer agrees that NETalberta may
pre-charge Customer's fees for the Services to the
credit card supplied by Customer during
registration. Returned checks will be assessed a
$30.00 charge. Wire transfers will be assessed a
$30.00 charge.
Special Provisions Applicable to Resellers
NETalberta from time to time may offer reseller
programs which will permit Customers to resell
certain NETalberta products and services, and be
eligible for certain discounts, services and other
promotions. A Customer that participates in a
reseller program is referred to herein as a
"Reseller". To be eligible to participate in a
reseller program, the Reseller may be required to
meet certain requirements as provided in such
reseller program. If you are a Reseller, the terms
and conditions in this section (in addition to any
terms or conditions contained in the reseller
program) are applicable to you. As a Reseller, you
are NETalberta’s Customer. A Reseller shall be
deemed, and is the "Customer" for all purposes under
this Agreement and the Usage Policy. When you resell
the Services, the purchaser of those resold services
becomes your customer (a "Reseller Customer"). A
Reseller Customer is not a Customer of NETalberta,
and NETalberta will not support any Reseller
Customer. Reseller shall take all necessary measures
to preclude NETalberta from being made a party to
any agreement with any Reseller Customer. As a
Reseller, you are authorized to resell the Services
identified in the applicable reseller program on a
non-exclusive basis. NETalberta reserves the right
to market and sell its products and services through
its own employees, other resellers and other
representatives and retailers that may compete with
you. The terms and conditions of such other
relationships may differ from the terms of this
Agreement and the reseller program, and may be
better. Reseller shall be responsible for billing,
and collecting payments from, Reseller Customers.
Reseller shall not withhold payments to NETalberta
under this Agreement because of a failure of a
Reseller Customer to make payments to Reseller.
Reseller may set the prices to be paid to it by
Reseller Customers for any of the resold Services.
Reseller shall provide all support (including,
without limitation, customer support, first level
support, second level support, and other technical
support) for Reseller Customers.
Reseller shall pay all sales, use, transfer,
privilege, excise or other taxes and all duties,
whether international, state or local, however
designated, which are levied or imposed on
NETalberta and Reseller under this Agreement and any
and all transactions between Reseller and Reseller
Customers.
Reseller shall not resell the Services under
NETalberta’s brand name. Reseller shall be solely
responsible for compliance with any regulations
governing the export of the Services (or any portion
thereof). Nothing in this Agreement constitutes a
license to Reseller to use or resell the Marks (as
defined below).
NETalberta as Reseller or Licensor
NETalberta is
acting only as a reseller or licensor of the
hardware, software and equipment used in connection
with the products and/or Services that were or are
manufactured or provided by a third party
("Non-NETalberta Product"). NETalberta shall not be
responsible for any changes in the Services that
cause the Non-NETalberta Product to become obsolete,
require modification or alteration, or otherwise
affect the performance of the Services. Any
malfunction or manufacturer's defects of
Non-NETalberta Product either sold, licensed or
provided by NETalberta to Customer or purchased
directly by Customer used in connection with the
Services will not be deemed a breach of NETalberta
obligations under this Agreement. Any rights or
remedies Customer may have regarding the ownership,
licensing, performance or compliance of
Non-NETalberta Product are limited to those rights
extended to Customer by the manufacturer of such
Non-NETalberta Product. Customer is entitled to use
any Non-NETalberta Product supplied by NETalberta
only in connection with Customer's permitted use of
the Services.
Customer shall use its best efforts to protect
and keep confidential all intellectual property
provided by NETalberta to Customer through any
Non-NETalberta Product and shall make no attempt to
copy, alter, reverse engineer, or tamper with such
intellectual property or to use it other than in
connection with the Services. Customer shall not
resell, transfer, export or re-export any
Non-NETalberta Product, or any technical data
derived therefrom, in violation of any applicable
United States or foreign law.
IP Address Ownership
If NETalberta assigns Customer
an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall
belong only to NETalberta, and Customer shall have
no right to use that Internet Protocol address
except as permitted by NETalberta in its sole
discretion in connection with the Services, during
the term of this Agreement. NETalberta shall
maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned
to Customer by NETalberta, and NETalberta reserves
the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole
and absolute discretion.
Caching
Customer expressly (i) grants to NETalberta
a license to cache the entirety of the Customer
Content and Customer's web site, including content
supplied by third parties, hosted by NETalberta
under this Agreement and (ii) agrees that such
caching is not an infringement of any of Customer's
intellectual property rights or any third party's
intellectual property rights.
CPU Usage
Customer agrees that Customer shall not
use excessive amounts of CPU processing on any of
NETalberta servers. Any violation of this policy may
result in corrective action by NETalberta, including
assessment of additional charges, disconnection or
discontinuance of any and all Services, or
termination of this Agreement, which actions may be
taken in NETalberta’s sole and absolute discretion.
If NETalberta takes any corrective action under this
section, Customer shall not be entitled to a refund
of any fees paid in advance prior to such action.
Bandwidth and Disk Usage
Customer agrees that
bandwidth and disk usage shall not exceed the number
of megabytes per month for the Services ordered by
Customer on the Order Form (the "Agreed Usage").
NETalberta will monitor Customer's bandwidth and
disk usage. NETalberta shall have the right to take
corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional
charges, disconnection or discontinuance of any and
all Services, or termination of this Agreement,
which actions may be taken in NETalberta’s sole and
absolute discretion. If NETalberta takes any
corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in
advance prior to such action.
Web Design Services
The client unconditionally
guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork
furnished to us for inclusion in the web design
project are owned by the client, or that the client
has permission from the rightful owner to use each
of these elements, and will hold harmless, protect
and defend NETalberta and its subcontractors from
any claim or suit arising from the use of such
elements furnished by the client.
The Designer owns copyright to the finished web
design site produced. The client will be assigned
rights to use the web design project as a web site,
once final payment under this agreement and any
additional charges incurred have been paid. Rights
to royalty free photos, graphics, source code,
work-up files and computer programs are specifically
not transferred to the client, and remain the
property of their respective owners. All web design
projects completed by our studio contain a credit
link to the designer, unless stipulated otherwise by
the client.
Prior to design, the Management reserves the
right to refuse to construct a web site which may be
judged as unfit due to content issues or otherwise.
Customers will pay a 50% deposit for design fees
before work on design begins. The remaining 50% will
be due upon completion of the project. Your site
will not be posted for Internet viewing until all
design fees have been paid. If a client decides not
to continue with design service after the initial
deposit has been paid and after design work has
begun to the programming stage, no refund will be
issued. We accept most major credit cards as well as
company cheques.
As every assignment is different, we determine
‘estimated’ design costs. If your project expands in
scope, we reserve the right to bill in addition to
the estimated price at our standard hourly rates. We
recognize the need for budget control and financial
accountability. If awarded your project(s) we will
supplement the estimates provided with written or
verbal cost reports at predetermined points
throughout the projects.