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1. CLIENT ACCOUNT AND PASSWORD To access a client’s information through the login page and/or to use other Services, the client is required to identify the client’s current user name and client’s password. The client is entirely responsible for maintaining the confidentiality of the client’s password and account. The client may not transfer or give out its password to third parties. Furthermore, the client of record is entirely responsible for any and all activities that occur under their account, with or without the knowledge or consent of GreenTree Webhosting. 2. PRIVACY It is GreenTree Webhosting’s policy to respect the privacy of its Clients. see the privacy policy 3. PROPRIETARY RIGHTS TO CONTENT The client acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to the client by the Service, by GreenTree Webhosting, or by GreenTree Webhosting’s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. This is the grant of a license, not a transfer of title, and under this license Client may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software. We protect the intellectual property of others. All material on this site is either an original work by GreenTree Webhosting, or it is work that has been offered free in the public domain, or it is work based on another work, with changes sufficient that it has become an original work of it's own. All rights to graphics and content are reserved. If you would like to use something do the right thing and ask support 4.LINKS TO THIRD PARTY SITES The GreenTree Webhosting Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of GreenTree Webhosting and GreenTree Webhosting is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GreenTree Webhosting is not responsible for webcasting or any other form of transmission received from any Linked Site. GreenTree Webhosting is providing these links to Client only as a convenience, and the inclusion of any link does not imply endorsement by GreenTree Webhosting of the site or any association with its operators. 5. FEES AND PAYMENT Client shall pay all charges, including applicable taxes, for the Services rendered in accordance with the rates established by GreenTree Webhosting, as may be amended from time to time upon reasonable notice to Client. Service fees are payable, in advance, at the beginning of each billing period, Where an invoice is delivered (Postal mail, e-mail, online credit card payment request) to Client, Client shall remit payment to GreenTree Webhosting by no later than the specified payment due date. GreenTree Webhosting shall be entitled to immediately terminate or suspend this Agreement for Clients failure to make timely payments to GreenTree Webhosting. Certain services carry a set-up fee that must be paid by Client in order to have use of the Services. If Client terminates this Agreement, Client shall be responsible for any outstanding fees owed to GreenTree Webhosting and agrees to pay any and all fees incurred by Client. Client shall be responsible for Service fees incurred each billing period and Client agrees that no refunds will be issued for any unused portion of the Services regardless of when Client cancels the services. On any amounts not paid when due, Client agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Client agrees to pay the highest rate allowed by law. Additionally, Client agrees to pay all costs of collection, including costs of litigation and reasonable attorney’s fees. A $30.00 (thirty CA Dollars) collection fee will be charged for all dishonoured cheques. 6. MODIFICATION OF THESE TERMS OF USE GreenTree Webhosting reserves the right to change the terms, conditions, notices and policies under which the GreenTree Web Site and services are offered. Client is responsible for regularly reviewing these terms and conditions. Continued use of the GreenTree Web Site or services after any such changes shall constitute Client’s consent to such changes. 7. TERM This Agreement shall be effective on a calendar month-to-calendar month basis as long as the agreement between the client and GreenTree Webhosting is enforceable. GreenTree Webhosting may revoke this Agreement in accordance with the terms herein at any time prior to the Effective Date. 8. ACCEPTABLE USES As a condition of Client’s use of the Service, Client warrants to GreenTree Webhosting that Client will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of the Service, or the resale of its Services, is expressly prohibited. Client agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Client’s account or password, including the content of Client’s transmissions through the Service. By way of example, and not as a limitation, Client agrees not to: - Use the Service in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). - Send out unsolicited e-mail from any other network that advertises, promotes or in any way points to a location inside GreenTree Webhosting’s network and/or related networks. - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. - Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. - Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs. - Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Client owns or controls the rights thereto or has received all necessary consents. - Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. - Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. - Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from Canada through the Service. - Facilitate, aid or encourage any of the above activities. Client is prohibited from utilizing GreenTree Webhosting Services and/or related services to compromise the security or tamper with system resources or accounts on computers at GreenTree Webhosting or at any other site. GreenTree Webhosting, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of these Guidelines could also subject the Client to criminal or civil liability. If GreenTree Webhosting believes, in its sole discretion, that a violation of these Guidelines has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to the Services, and the suspension or termination of the Service. GreenTree Webhosting will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. 8. LIABILITY DISCLAIMER The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. GreenTree Webhosting and/or its respective suppliers may make improvements and/or changes in the Service at any time. GreenTree Webhosting does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. GreenTree Webhosting does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. Client specifically agrees that GreenTree Webhosting shall not be responsible for unauthorized access to or alteration of Client’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. Client specifically agrees that GreenTree Webhosting is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. Client specifically agrees that GreenTree Webhosting is not responsible for any content sent using and/or included in the Service by any third party. GreenTree Webhosting and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Service for any purpose. The Service is provided “as is” and “as available” without warranty of any kind. GreenTree Webhosting and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall GreenTree Webhosting and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service or related Web sites, with the delay or inability to use the Service or related Web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if GreenTree Webhosting or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Client. The limitations on liability contained in this Agreement survive the termination of this Agreement. Without limiting the generality of the forgoing, the liability of GreenTree Webhosting to the Client is limited to one month’s license fee and no more. Client will have the ability to reinstate files that are archived by GreenTree Webhosting; however, GreenTree Webhosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore Client is responsible for making back-up files in connection with its use of the Services. If Client is dissatisfied with any portion of the Service, or with any of these terms of use, Client’s sole and exclusive remedy is to terminate this Agreement in accordance with its terms and discontinue the license. 9. INDEMNIFICATION Client agrees to defend, indemnify and hold GreenTree Webhosting, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of any act or omission of Client under this Agreement or Clients use of the Service. This specifically includes any liability to which GreenTree Webhosting may be exposed, arising out of Client having root or password access to any domain name or other server, and Client hereby releases and holds GreenTree Webhosting harmless from and against any such liability or damage. 10. TERMINATION Upon any breach or suspected breach of this Agreement by Client, GreenTree Webhosting, in its sole discretion, without prior notice, may immediately (1) block access to the Service or (2) suspend the Service or (3) terminate this Agreement. Upon termination of the Agreement, Client’s right to use the Service immediately ceases. GreenTree Webhosting has no obligation to maintain any content in connection with the Clients use of the Service. GreenTree Webhosting may also terminate this Agreement without cause at any time upon thirty (30) days notice. Client may terminate this Agreement if month-to-month upon forty-five (45) days notice and full payment of all fees through the end of the notice period. Term accounts may only be terminated by paying a cancellation fee equal to fifty percent (50%) of the remaining contract balance. 11. FORCE MAJEURE GreenTree Webhosting shall not be liable for any delay, interruption or failure in the performance of its obligations, directly or indirectly, caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention or other similar event beyond the control of GreenTree Webhosting. 12. WRITTEN NOTICE Notice to GreenTree Webhosting shall be in writing and delivered by hand, e-mail, facsimile, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keeps records of deliveries and attempted deliveries. It is imperative that GreenTree Webhosting be able to contact Client at all times. Client must promptly advise GreenTree Webhosting of any changes to its contact information, including mailing, e-mail and phone number. Failure to do so constitutes grounds for immediate Agreement termination: moreover, any notices from GreenTree Webhosting to Client sent to Client’s last known e-mail address as provided by Client shall be deemed effective even if Client has failed to provide updated information to GreenTree Webhosting. 13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between Client and the Advertiser or other third party. GreenTree Webhosting shall not be responsible or liable for any part of any such dealings or promotions. 14. GENERAL This Agreement is governed in accordance with the Federal Laws of Canada and the Provincial Laws of British Columbia. Client hereby consents to the exclusive jurisdiction and venue in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the GreenTree Web Site or Service. Use of the GreenTree Web Site and Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Client agrees that no joint venture, partnership, employment, or agency relationship exists between Client and GreenTree Webhosting as a result of this Agreement or the use of the GreenTree Web Site or Service. GreenTree Webhosting may assign this Agreement, in whole or in part, at any time. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound. Neither this Agreement, in whole or in part, nor any rights under it may be assigned, transferred, shared or delegated by the Client without the prior written consent of GreenTree Webhosting. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of GreenTree Webhosting, and the permitted assigns of Client. GreenTree Webhosting’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of GreenTree Webhosting’s right to comply with governmental, court and law enforcement requests or requirements relating to Client’s use of the GreenTree Web Site or Service or information provided to or gathered by GreenTree Webhosting with respect to such use. If any of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire Agreement between the user and GreenTree Webhosting with respect to the GreenTree Web Site and Service and this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GreenTree Webhosting with respect to the GreenTree Web Site and Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in legal or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES All contents of the GreenTree Webhosting Web Site are: Copyright © 2002-2006 GreenTree Software and/or its suppliers, c/o GreenTree Software, . All rights reserved. TRADEMARKS. GreenTree Webhosting, and other names of GreenTree Webhosting products and/or services referenced herein are trademarks of GreenTree Software. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. |
