Cal - Alta Web Designs

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This is the section where you will find our Service Term. What this simply means, these are the set of rules that we at Cal-Alta Web Design govern ourselves by and to help you to fully understand, how and what our obligations are to you, our customer, and your obligations to us. When you except our service, either by Designing a web site for you or Hosting you on our servers, you acknowledge and axcept the Service Term as outlined below.

Our Service Term

	Service Terms
	This site is hosted by Cal-Alta Web Design, a network and information provider, offering storage, transfer and hosting services to its clients worldwide. Client acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Cal-Alta Web Design can make no guarantee that any given user shall be able to access Cal-Alta Web Design, servers at any given time. Cal - Alta Web Design represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible. Both Cal - Alta Web Design and client agree as follows:
	Financial
	Client agrees to prepay webspace fees as agreed upon, either monthly, quarterly or annually. If annual webspace fees are chosen and the account is cancelled, Cal - Alta Web Design will prorate webspace fees based on monthly fees and refund any balance owed if any. One-time Setup fees are non-refundable. This agreement will automatically renew either every month or every year unless cancelled in writing giving 30 days written notice to Cal - Alta Web Design at its Head office in Chesterville, Ontario Canada. If client payments, cheques or charges are returned unpaid a processing fee in the amount of $20.00 will be charged. If client accounts become more than 30 days past due Cal - Alta Web Design will terminate the webspace.
	Products and Services Offered
	Cal - Alta Web Design will exercise no control whatsoever over the content of the information passing through the network. Cal - Alta Web Design makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Cal - Alta Web Design also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the client. Use of any information obtained by way of Cal - Alta Web Design is at the client's own risk, and Cal - Alta Web Design specifically denies any responsibility for the accuracy or quality of information obtained through its services. Cal - Alta Web Design expressly limits its damages to the client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. Cal - Alta Web Design specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Cal - Alta Web Design reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to after it has been put on Cal - Alta Web Design server. Cal - Alta Web Design agrees to notify client immediately of its refusal of the material and afford client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Cal - Alta Web Design. If the client fails to modify the material, as directed by Cal - Alta Web Design, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
	Trademarks & Copyrights
	Client warrants that it has the right to use any trademarks and servicemarks which client may chose to use in it's Internet presence.
	Connectivity & Equipment
	Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Cal - Alta Web Design. Connection speeds represent the speed of a connection to a given point and do not represent guarantees of available end to end bandwidth. Client needs to maintain a valid Internet e-mail address and is responsible for notifying Cal - Alta Web Design immediately of any changes in e-mail address.
	Legal Age
	Client certifies that he/she is of legal age in the state/country of his/her residence.
	Internet Etiquette
	Client agrees to observe the Internet etiquette policies. Sending e-mail to unsolicited addresses is forbidden. Anyone who practices such tactics will have their account terminated. The network resources of Cal - Alta Web Design may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Cal - Alta Web Design. All messages transmitted via Cal - Alta Web Design should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. Violators will have their account suspended immediately for investigation. If upon finding that there was a violation, the client's account will be terminated.
	Termination
	This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Cal - Alta Web Design may terminate service & webspace under this Agreement at any time, without penalty, if the client fails to comply with the terms of this Agreement.
	Limited Liability
	Client expressly agrees that use of Cal - Alta Web Design server is at client's sole risk. Neither Cal - Alta Web Design, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Cal - Alta Web Design 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 server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cal - Alta Web Design server service, unless otherwise expressly stated in this Agreement. Under no circumstances, including negligence, shall Cal - Alta Web Design, its officers, agents or any one else involved in creating, producing or distributing Cal - Alta Web Design server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Cal - Alta Web Design server 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, destruction or unauthorized access to Cal - Alta Web Design records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Cal - Alta Web Design server service. 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 amount which client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
	Lawful Purpose
	Client may only use Cal - Alta Web Design server for any lawful purpose. Transmission of any material in violation of any Canadian 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.
	Indemnification
	Client agrees that it shall defend, indemnify, save and hold Cal - Alta Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Cal - Alta Web Design, its agents, its customers, 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 Cal - Alta Web Design against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Cal - Alta Web Design servers; (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 Cal - Alta Web Design servers.
	Reselling
	No Cal - Alta Web Design client is allowed to re-sell any Cal - Alta Web Design service of their account/webspace to another party without our consent. This includes, but is not limited to: Web storage space, POP e-mail accounts, Autoresponders and access to the 'Clients Only Area'. Any client found to be in violation of this clause will have his/her webspace terminated immediately and will not be eligible to join Cal - Alta Web Design for a period of one year.
	Amendments
	This Agreement may from time to time be amended by Cal - Alta Web Design and any changes to Cal - Alta Web Design Terms of Service & Agreement shall become effective upon delivery to the client's email address of record. In the event of such changes client has the right to terminate this agreement without giving cause or notice. This agreement shall be governed by the laws of Canada. Unenforceability of any provisions of this agreement shall not have any bearing on the validity of the balance of this agreement. The proper place of venue for the enforcement of this agreement shall be Chesterville, Ontario, Canada.

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