Spectrum Solutions - An Island Management Co.

TERMS OF SERVICE

Internet Services

Web Site Updating/Maintenance

Corporate Identity and Marketing

Corporate Photography

Logo Design

Brochure Development

1.0 Definitions

The following terms are found in these Terms and Conditions Of Service and are used according to their definitions as presented below.

Account. A subscription to one Web hosting plan and/or any other Spectrum Solutions Corporation service.

Account owner. The individual or legal entity who is the purchaser-of-record for the account(s) and associated services covered by these Terms and Conditions Of Service. The account owner is the party who is responsible for ensuring that all users of the account and associated services adhere to these Terms and Conditions Of Service. In this document, the account owner is variously referred to as “customer,” “you,” “your,” and “yours.”

Account holder. The account holder must be an individual and is the person listed as the official account contact in a Web hosting account’s control panel. In most cases, the account holder is the same as the account owner, however, there is no requirement that this be so.

Spam. Unsolicited email or Usenet messages selling services or products of any nature. Also known as Unsolicited Commercial Email (UCE).

Spamming. The act of sending spam or promoting tools to facilitate the sending of spam. In this Agreement, spamming includes: sending spam messages from a Spectrum Solutions Corporation account; sending spam messages from another ISP or hosting company’s account that links, directly or indirectly, back to a site hosted by Spectrum Solutions Corporation ; and the act of promoting and/or selling software tools, mailing lists, or other products and services that facilitate the sending of spam.

Terms and Conditions Of Service (TOS). The contractual agreement (this document) between Spectrum Solutions Corporation and the customer for the provision and use of Web hosting and associated services. In this document, Terms and Conditions Of Service is variously referred to as “TOS” and “this Agreement.”

User(s). The account owner and any individuals authorized by the account owner who make use of Spectrum Solutions Corporation’s services under a specific account.

Spectrum Solutions Corporation Spectrum Solutions Corporation is the company providing information, Web hosting, content, design, and related services to customers. In this document, Spectrum Solutions Corporation is variously referred to as “Spectrum Solutions” (an operating division of Spectrum Solutions Corporation), “Spectrum Solutions Corporation,” “we,” “us,” “our,” or “ours.”

2.0 Spectrum Solutions Corporation’s Obligations

2.1 Terms and Conditions Of Service

1. We will publish these Terms and Conditions Of Service (TOS) on our Website for all customers and prospective customers to view. The published location of this TOS is:

http://www.islandmanagement.ca/Spectrum/TOS.htm

2. We reserve the right to change this TOS at any time without prior notice to you.

2.2 Service and Availability

1. We will provide you with Web hosting services on a shared-server network. This type of Web hosting is often called “shared Web hosting” because more than one customer may be hosted on a server and thus share server resources.

2. On average, Spectrum Solutions Corporation sustains a 99.9 percent level of availability for all Web hosting and email services; we do not, however, guarantee this level of availability. The applicable Web hosting and email services are limited to:

o HTTP/HTTPS – protocols used for viewing Web pages

o FTP – protocols used for uploading pages to and downloading pages from your Website, primarily to conduct Website maintenance

o POP3, IMAP, SMTP – protocols used for receiving email [POP3 and IMAP] and sending email [SMTP]

3. Spectrum Solutions Corporation will, from time to time, schedule maintenance on its equipment and software. During these times, one or more of the above services may become unavailable. Such maintenance activities should not exceed six (6) hours per calendar month. In general, we have very few maintenance outages and, historically, we have only rarely used all six hours.

4. Planned maintenance outages are scheduled for times that will affect the fewest number of customers. We recognize, and you should recognize, that we cannot pick a time that will affect no customers.

5. Scheduled outages for maintenance are not included in Spectrum Solutions Corporation’s availability statistics unless they exceed six (6) hours per month.

6. Occasionally, it may become necessary to perform emergency updates to our systems as might be the case to meet an emerging security threat. We consider these outages to be part of our total six (6) hour monthly maintenance allotment.

2.3 Support

1. We will strive to resolve all support requests made by you to us within 48 hours of the time you filed your support request. This assumes that you followed the accepted method(s) for requesting support. These are documented at:

http://www.islandmanagement.ca/Spectrum//SpectrumSupport.htm

2. We do not guarantee, however, that every support request will be resolved within this time span.

3. We provide support on a best-efforts basis. Although we will make every attempt to resolve your support requests in a timely, satisfactory manner, we make no guarantees that our support services will, in fact, resolve the support request to your satisfaction.

4. Our support desk operates Monday to Friday, between the hours of 09:00 and 10:00, Eastern Time. We reserve the right, however, to change these hours of operation without notice.

2.4 Subcontractors and Agents of Spectrum Solutions Corporation

1. We may meet our obligations to you directly or through the use of subcontractors and/or agents. Our use of subcontractors and/or agents does not relieve us of our obligations under this agreement.

2. Subcontractors and agents are required to observe this TOS as well as our Privacy Policy.

2.5 Ownership of Customer Data and Domains

1. Spectrum Solutions Corporation makes no claim or representation of ownership over your files and email as stored on our servers. You retain full ownership of your data.

2. Spectrum Solutions Corporation makes no claim or representation of ownership over your domain name(s) as registered on our servers or those of our domain registry service. You retain legal title to your domain name(s).

2.6 File Backups

1. Spectrum Solutions Corporation will use its best efforts to maintain and back up your Web hosting, database, and email files. However, we do not guarantee that a backup can be restored.

2. Restoring backups of customer files is an added-cost item billed on an hourly rate basis. Spectrum Solutions Corporation cannot guarantee that any restoration of a backup will succeed; regardless of success, you will be billed for the time we expended.

2.7 Domains

1. Spectrum Solutions Corporation offers domain name registry services as a reseller of such services. Spectrum Solutions Corporation makes no representation or guarantee that any particular domain name will be available, regardless of whether a Whois search indicates the domain is available. Spectrum Solutions Corporation also makes no representation or guarantee that our registrar will register a particular domain to the customer.

Domain registry services are governed by the terms and conditions of the registrar’s Domain Name Registrant Agreement.

2.8 Spam, Spamming, and Spammers

We will not knowingly host the domains of, nor provide services to, those involved in “spamming” in any context. SPAM AND SPAMMING IS EXPRESSLY PROHIBITED BY THIS AGREEMENT. WE WILL SUSPEND OR DELETE ANY ACCOUNT THAT WE FIND TO BE INVOLVED IN SPAMMING ACTIVITIES WITHOUT WARNING AND WITH NO REFUND OF ANY FEES. Suspected violations of our no-spam/no spamming policy should be brought to our attention immediately.

3.0 Customer Obligations

3.1 Terms and Conditions Of Service

1. You agree to abide by these Terms and Conditions Of Service (T0S) for each account you have at Spectrum Solutions Corporation .

2. You agree that Spectrum Solutions Corporation has the right to change this TOS without prior notice to you and that you will abide by the revised TOS.

3. You agree that it is your responsibility to check this TOS for revisions on a regular basis. We suggest this should be once per month. The most recent version of the TOS can always be found at:

http://www.islandmanagement.ca/Spectrum/TOS.htm

3.2 Age of Account Owner

You agree that you are 18 years of age or older. We cannot provide services to those under the age of 18 without the express written permission of that person’s parent or legal guardian. This permission must be sent to us by postal mail and must include proof that the person providing the permission is, indeed, the minor’s parent or legal guardian.

3.3 Billing Policy

1. You agree to the terms and conditions of our Billing Agreement.

2. OVER LIMIT FEES AND CHARGES: You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Spectrum Solutions Corporation may, in its sole discretion, assess you with additional charges. If Spectrum Solutions Corporation elects to take any corrective action, Spectrum Solutions Corporation will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges.

3. You agree that Web hosting services are billed in advance based on the terms of the Web hosting plan to which you subscribed.

4. You agree that Spectrum Solutions Corporation reserves the right to change the fee charged for any Spectrum Solutions Corporation services under this agreement upon 30 days advance notice to you. The fee change will become effective at your next renewal.

5. If you paid by credit card, you agree that Spectrum Solutions Corporation may renew your account automatically for a term identical to your most recent previous term. If, for example, you were on an annual term, the automatic renewal would be for one year. If you were on a monthly term, the automatic renewal would be for one month.

6. If you paid by credit card, you further agree that Spectrum Solutions Corporation may continue to renew your account indefinitely until such time as you notify us in writing (by email, postal mail, or fax) that you wish to cancel your account. See Account Cancellation for details of the cancellation process.

7. You agree that there are no refunds after 30 days. Unless you subscribed to a Virtual Server Plan, you may cancel, without penalty and with full refund of your money up to 30 days from the date your account was activated. Virtual Server plans do not have a 30-day money-back guarantee.

8. You agree that if you subscribed to a Virtual Server plan, you are not eligible for any refunds, even within the first 30 days of your account subscription.

9. You agree that in the event you exercised your right to cancel during the first 30 days, the following items are not refundable:

o Setup fees

o Domain registration and/or transfer fees

o Microsoft SQL Server storage

o Excess storage and data transfer fees

o Software license fees (e.g., Miva Merchant)

10. You agree that we reserve the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this Agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party.

11. You agree that you may not cancel your existing account and re-subscribe to take advantage of a promotional offer.

12. You agree that Spectrum Solutions Corporation may, at its option, suspend or delete your account for non-payment if your account is 15 days or longer past-due.

13. You agree that all past-due amounts are due and payable before you can cancel your account.

14. You agree that if we must use a collections agency to recover past-due amounts, or if we must seek legal redress for past-due amounts, you are liable for all court costs, reasonable attorney’s fees, and collection costs.

3.4 Domain Registration

1. You agree that you are responsible for the renewal and renewal fees of any domain(s) that you have registered at, or transferred to, the Spectrum Solutions Corporation registrar. Spectrum Solutions Corporation does not automatically renew, or bill for, domain registrations.

You agree to be bound by the terms of the Domain Name Registrant Agreement.

3. You further agree to be bound by the Uniform Domain-Name Dispute-Resolution Policy (UDRP) specified by the Internet Corporation for Assigned Names and Numbers (ICANN). The UDRP is documented at:

http://www.icann.org/udrp/udrp.htm

3.5 Account Cancellation By Customer

1. You agree that account cancellation must be done according to the procedure outlined in our Cancellation Policy, which is documented in our Billing Agreement.

2. You further agree that the above-referenced cancellation procedure is the only manner in which you may cancel your account with us.

3. If you paid by credit card, you agree that Spectrum Solutions Corporation may renew your Web hosting subscription automatically until such time as you notify us in writing (by email, postal mail, or fax) that you wish to cancel your account.

4. You agree that all past-due amounts are due and payable before you can cancel your account.

3.6 Use of Shared Resources

Spectrum Solutions Corporation operates a shared hosting environment, which means that there are multiple customers hosted on any given server. In light of this:

Maximum Daily SMTP Emails: We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse.
Website Development: You agree to design your websites in such a manner as to avoid overloading our servers by consuming inordinately large amounts of resources such as processor time, system memory, and network bandwidth.
You agree that, in the event your Website adversely affects service delivery to other customers, Spectrum Solutions Corporation may suspend your Website without notice until such time as you fix the problem(s) causing the disruption. Note that Spectrum Solutions Corporation is not responsible for validating or testing your code nor do we provide HTML or software coding assistance.

3.7 Email Storage On Server

You agree that you will not store in excess of 10MB of email per email account (mailbox) on Spectrum Solutions Corporation’s mail servers. If you exceed this limit, Spectrum Solutions Corporation may, at its option, assess an over-limit fee or suspend your mail service until such time as your mail storage falls back within the limit. Note that you will receive automatic email warnings for each account approaching the 10MB limit.

3.8 Security

1. You agree that maintaining the security and integrity of its network is a prime responsibility of Spectrum Solutions Corporation and that in light of this, Spectrum Solutions Corporation may suspend your account without notice if it perceives your account to be a risk to the security of our network and/or other customers.

2. You agree that in the event of a security breach involving your account, you are liable for any unauthorized use of your account, your Website, and your email. You are also liable for any damages the security breach may cause to Spectrum Solutions Corporation’s servers, network, and other customers and for the costs Spectrum Solutions Corporation may incur in returning our service to its normal state.

3. You agree that if there are two or more security breaches of your account(s) and/or email, that Spectrum Solutions Corporation has the right to suspend or cancel your account on five (5) days notice.

4. You agree that it is your responsibility to maintain the confidentiality of passwords for your control panel and email accounts. We strongly recommend that you create and use “strong” passwords. Strong passwords are at least seven (7) characters in length, consist of a mix of upper- and lower-case alphabetic characters, numeric characters, and ideally, one or more special characters (e.g., #, $, %, *, and so on). Under no circumstances should you use passwords such as your name, the names of your children or pets, your birth date, and so on. These are prime candidates for abuse by hackers.

5. You agree that no security system is 100 percent failsafe and that your public files, email, and personal information could potentially be compromised by online attacks against our network and server security mechanisms or physical attacks against our facilities. Spectrum Solutions Corporation goes to significant lengths to ensure that its systems and facilities are secure, however, we cannot absolutely guarantee that no security breaches will occur.

3.9 Incoming Email Blacklisting

You agree that Spectrum Solutions Corporation may block incoming email from any open mail relay, Internet Protocol (IP) address, or other source if we believe that source is being used to send spam to Spectrum Solutions Corporation customers. Spam can so overburden our mail servers that all customers can experience slowdowns in receiving mail and even, potentially, lost mail.

3.10 System and Network Abuse

You agree not violate, nor will you try to violate, the security of our network and servers. Doing so will result in the immediate termination of your account without notice or refund. You will also be prosecuted to the fullest extent of the law and you will be liable for all damages that occur as a result of your intrusion or intrusion attempt as well as costs to return Spectrum Solutions Corporation’s systems and network to its normal state. Examples of such violations include, but are not limited to:

Attempting to gain unauthorized access to our servers, network systems, or the data stored on these devices
Conducting scans or other probes of our network to test for vulnerabilities
Breaching authentication measures to gain unauthorized access to any account or service
Interfering with any service to any customer of Spectrum Solutions Corporation or any host or network, either Spectrum Solutions Corporation’s or otherwise
Mail bombing
Forging any TCP/IP header or any email or Usenet message header
Conducting any type of Denial of Service (DoS) or Distributed Denial of Service (DDoS) attack

3.11 Viruses, Worms, Trojans, “Malware”

You agree not to deliberately distribute viruses, worms, Trojans, other “malware,” or tools to create same from your Website or through your email accounts. Doing so will result in the immediate termination of your account without notice or refund.

3.12 Common Gateway Interface (CGI) Scripts

You agree that if you’re running a CGI script that poses a security risk to Spectrum Solutions Corporation’s network and/or other customers, that facilitates spamming, or that adversely affects system performance, the script will be terminated and then removed without prior notice.

3.13 Internet Relay Chat (IRC)

Spectrum Solutions Corporation does not permit you to run IRC and IRC bots from your account. Doing so may result in suspension or termination of your account without notice.

3.14 File Backups

1. You agree that it is your responsibility to maintain a backup of all your web hosting files, scripts, email, and databases and that we offer no guarantee that we can restore such data from our own backups. We strongly recommend that you back up your data at regular intervals to avoid any problems.

You agree that, at your request, Spectrum Solutions Corporation may attempt to restore any data that you might have lost due to your own errors and omissions. This service is not guaranteed to succeed—it is performed on a best-efforts basis. Regardless of success, you will be invoiced for the time we expended in providing the restore service.

3.15 Violation of Laws and Regulations

1. Spectrum Solutions Corporation reserves the right to refuse service to anyone.

2. You agree to use the Spectrum Solutions Corporation resources to which you subscribe only for legal purposes under all applicable international, federal, provincial, or municipal laws.

3. You agree not to store, link to, transmit, advertise, or make available any materials or images that are obscene, threatening, abusive, harassing, defamatory, hateful, discriminatory, or racially or ethnically objectionable.

4. You agree to not promote Intoxicants by displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary to any laws.

5. You agree not store, link to, transmit, advertise, or make available intellectual property, trade secrets, copyrighted materials, or trademarked materials for which you have no license to do so. You furthermore agree that Spectrum Solutions Corporation may either terminate your account without notice or issue a cease and desist warning to remove such materials in which case you will have 48 hours to comply. If you do not comply within 48 hours, we will have no choice but to terminate your account without refund.

3.16 Internet Protocol (IP) Addresses

1. Spectrum Solutions Corporation may assign you a fixed Internet Protocol (IP) address in order to take advantage of certain features of our Web hosting service. You agree that this IP address will remain under the control and ownership of Spectrum Solutions Corporation or its subcontractors. You further agree that you will have no right to use this IP address except as allowed by Spectrum Solutions Corporation and Spectrum Solutions Corporation reserves the right to change or remove any and all IP numbers and addresses.

2. Static / Dynamic Content Caching: You expressly (i) grant to Spectrum Solutions Corporation a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Spectrum Solutions Corporation under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

3.17 Adult Content

You agree that you will not distribute, promote, or sell adult content to include photographs, illustrations, anime, stories, videos, or sex paraphernalia through your Website or by email. You further agree not to include links to such material from your Website. This includes sites that may infer sexual content, contain nudity or links to adult content elsewhere. Spectrum Solutions Corporation will be the sole arbiter in determining violations of this provision. If you are found to be violating this clause, Spectrum Solutions Corporation reserves the right to terminate your account without notice or refund.

3.18 Child Pornography

You agree not to distribute or aid in the distribution of child pornography as defined by the laws of Canada. If we discover that you are doing so, we will:

Immediately report you to the authorities and provide them with what information we have about you.
Cooperate to the fullest extent with investigating law enforcement officials.
Immediately terminate your account without warning and without refunds.

3.19 Account Transfer

You agree that you may not transfer your Web hosting account to another individual or other legal entity without first gaining our express written approval to do so.

3.20 Other Legal Requirements

1. You agree not to impersonate any person or entity.

2. You agree not to use Spectrum Solutions Corporation’s services to stalk or harass any person or entity.

3. You agree not to provide instruction on committing illegal activities and acts, as defined by international, Canadian federal, provincial, or municipal law.

4. You agree not to provide instruction on creating bombs or other dangerous material.

4.0 Conditions and Disclaimers

4.1 Indemnification

1. You will indemnify and hold harmless Spectrum Solutions Corporation , its subcontractors, and its agents against any and all actions, claims, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Spectrum Solutions Corporation or its subcontractors, relating to:

o Your breach of any term or condition in this agreement, or your breach of any applicable Spectrum Solutions Corporation policy or guideline;

o Your use or inability to use Spectrum Solutions Corporation’s services;

o Your violation, alleged violation, or misappropriation of any intellectual property right or non-proprietary right of a third party.

2. You agree to fully defend and indemnify and hold harmless Spectrum Solutions Corporation of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of Spectrum Solutions Corporation services or any portion thereof. Choice of counsel remains exclusively that of Spectrum Solutions Corporation .

3. You agree to fully defend and indemnify and hold harmless Spectrum Solutions Corporation of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any privacy legislation which is in any way related to your use of the Spectrum Solutions Corporation services or any portion thereof. You acknowledge that you are solely responsible for the data stored using the Spectrum Solutions Corporation services and solely responsible for ensuring that the Spectrum Solutions Corporation services are appropriate for the nature of the data being stored. Choice of counsel remains exclusively that of Spectrum Solutions Corporation .

4. You specifically waive any claim for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, or loss of business as the result of Spectrum Solutions Corporation suspending or terminating your account in response to any claim of copyright infringement even if the material alleged to be infringing is subsequently found not to be infringing.

5. Notwithstanding anything in this Agreement, the content of the customer’s Website is the sole responsibility of the customer. The customer agrees to indemnify, defend, and hold harmless Spectrum Solutions Corporation and its subcontractors and agents from any and all claims including, but not limited to: misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute losses, damages, liabilities, judgments, or settlements, including reasonable legal fees, costs, and other expenses incurred by Spectrum Solutions Corporation and any third party entities related to Spectrum Solutions Corporation, related to or in connection with the content of the customer's website.

6. The terms of this section (“Indemnification”) will survive any termination of this agreement.

4.2 Disclaimer Of Warranties

1. YOUR USE OF THE SPECTRUM SOLUTIONS CORPORATION WEB HOSTING SERVICE IS AT YOUR SOLE RISK. Spectrum Solutions Corporation services are provided on an as-is, as-available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. SPECTRUM SOLUTIONS CORPORATION DOES NOT GUARANTEE, NOR IS IT RESPONSIBLE FOR, ANY DELAY OR LOSS OF DATA, LACK OF CONNECTION, SLOW CONNECTIONS, OR ANY OTHER ISSUE, EVEN IF IT IS DUE TO THE NEGLIGENCE OF SPECTRUM SOLUTIONS CORPORATION.

2. Spectrum Solutions Corporation claims no control whatsoever over the content of the information passing through the Spectrum Solutions Corporation Web hosting system or that of Spectrum Solutions Corporation’s subcontractors. Spectrum Solutions Corporation does not actively or passively monitor the content of any customer’s Website unless we are investigating abuses to this Agreement. Spectrum Solutions Corporation’s monitoring is based strictly on traffic patterns and traffic loads to ensure the security and performance of our networks and servers.

3. Any information obtained by you from the Internet may be offensive, incorrect, and possibly illegal. Excepting the information on its own Website, Spectrum Solutions Corporation has no control over the contents of any other Website on the Internet. Spectrum Solutions Corporation makes no warrantee as to the accuracy, suitability, or legality of any information that you acquire from the Internet nor does Spectrum Solutions Corporation provides any warrantee for any goods or services that you might acquire over the Internet.

4. Spectrum Solutions Corporation expressly disclaims any representation or warranty that Spectrum Solutions Corporation’s services will be error-free, secure, or uninterrupted. No oral advice or written information given by Spectrum Solutions Corporation , its employees, licensors of the like, or subcontractors will create a warranty; nor may you rely on any such information or advice.

5. Although Spectrum Solutions Corporation , its subcontractors, and its agents will use all reasonable measures to maintain the security of our services, Spectrum Solutions Corporation assumes no responsibility for the effectiveness of the security measures provided by Spectrum Solutions Corporation or its subcontractors or agents.

6. The terms of this Section (“Disclaimer of Warranties”) will survive any termination of this Agreement.

4.3 Limitation of Liability

1. Customer agrees that Spectrum Solutions Corporation 's liability and the customer's and end users' exclusive remedy related to the non-performance of the service shall be: (i) repair or adjustment of the service, or (ii) where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to the customer for the portion of the service which were non-performing. For any other claim, Spectrum Solutions Corporation 's liability, if any, to the customer and end users for damages related to use of the service for any cause whatsoever and regardless of the form of action, shall be limited to those actually proven as directly attributable to Spectrum Solutions Corporation , and shall in no event exceed the total in aggregate monthly charges paid by the customer during the period the said damages were incurred, not to exceed two (2) months. Under no circumstances will Spectrum Solutions Corporation , its agents, suppliers or subcontractors be liable to customer or third party for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory. Customer agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the commercial circumstances of this agreement and that Spectrum Solutions Corporation would not have entered into this agreement but for customer's agreement to limit Spectrum Solutions Corporation 's, its agents', suppliers' and subcontractors' liability in the manner, and to the extent, provided for herein.

2. For greater certainty, customer agrees that Spectrum Solutions Corporation shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this agreement or the provision of the service, even if Spectrum Solutions Corporation has been advised of the possibility of such loss.

3. Spectrum Solutions Corporation assumes no liability arising from (i) the use of the service furnished by Spectrum Solutions Corporation in combination with service, products or equipment provided by customer or any third parties and (ii) the failure by the customer to perform its obligations.

4. Spectrum Solutions Corporation’s host network or that of its subcontractors may experience periods of unavailability from time to time due to (but not restricted to) normal routine maintenance, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Spectrum Solutions Corporation be liable to the customer for any indirect, special or consequential damages, lost profits, or anticipated loss of profits, arising from, or related to, our hosting services, or the hosting services of our subcontractors.

5. The terms of this Section (“Limitation of Liability”) will survive any termination of this Agreement.

4.4 General Provisions

4.4.1 Force Majeure

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

4.4.2 Assignment

This Agreement and the rights hereunder is not assignable or transferable except that Spectrum Solutions Corporation may freely assign all of its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Spectrum Solutions Corporation , or to any affiliated company or successor in interest of Spectrum Solutions Corporation. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. Upon any such assignment by Spectrum Solutions Corporation to any other party, including to any affiliated company or successor in interest of Spectrum Solutions Corporation , you have the right to terminate this Agreement by giving notice thereof in writing to Spectrum Solutions Corporation and any such termination shall become effective thirty (30) days after the receipt of such notice by Spectrum Solutions Corporation .

4.4.3 Severability

The invalidity, illegality or unenforceability of any one or more provisions of this Agreement shall not affect or impair any other provisions of this Agreement.

4.4.4 Choice of Law

The customer agrees to attempt to resolve any disputes with Spectrum Solutions Corporation prior to resorting to litigation. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any action relating to this Agreement must be brought in the provincial courts located in London, Ontario, Canada.

4.4.5 No Agency

Nothing contained herein shall be interpreted as creating an agency, partnership or joint venture between Spectrum Solutions Corporation and you.

4.4.6 Modification Of These Terms and Conditions Of Service

Spectrum Solutions Corporation reserves the right modify any provision of its Terms and Conditions Of Service at any time without prior notice to customers.

4.4.7 Suspension and Termination

1. Failure to observe the terms and conditions set forth in this agreement can result in anything from a warning to a suspension of privileges or immediate termination of your shared hosting account. Spectrum Solutions Corporation may refer potential violations of laws to the proper authorities, and may also cooperate in the investigation of any suspected criminal or civil wrong.

2. Without prior notification, Spectrum Solutions Corporation reserves the right to suspend or terminate any shared hosting account, as well as remove or modify any files which are deemed to be illegal or a threat to Spectrum Solutions Corporation’s Web hosting system or that of its subcontractors.

3. Spectrum Solutions Corporation will be the sole arbiter as to what constitutes a violation of our Terms and Conditions Of Service. Spectrum Solutions Corporation reserves the right to remove any account without prior notice for breach of any terms of this agreement.

4. If Spectrum Solutions Corporation terminates the services being provided to you due to a breach of any terms of this agreement, then such termination shall be without refund, even if within the 30-day money-back guarantee time period.

4.5 Agreement By Use

Use of Spectrum Solutions Corporation’s Web hosting system constitutes acceptance of the above Terms and Conditions Of Service.

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