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THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE “CONTINUE”,
“CHECKOUT”, AND/OR “SUBMIT” BUTTON IN THE ORDER FORM ON THE
ISQsolutions™ WEB SITE) OF THE CUSTOMER'S ORDER WILL CONSTITUTE
THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This agreement
(“Terms and Conditions”), in addition to any other specific agreement
between ISQ Solutions Inc. (“ISQsolutions™”) and the customer
(“the Customer”), represents the complete understanding and agreement
between ISQsolutions™ and Customer. This Terms and Conditions
agreement supersedes any other written agreement including, without
limitation, digitized, computerized, oral agreement, and/or agreement
by conduct, except when expressly agreed to the contrary in writing
by ISQsolutions™.
Upon notice published
on ISQsolutions™ web site, ISQsolutions™ may change or discontinue
any provision of this Terms and Conditions agreement from time
to time, including, without limitation, all services provided
by ISQsolutions™, pricing, equipment, services and products. Any
such change or discontinue of any provision will legally bind
the Customer from the time ISQsolutions™ publishes notice of the
change on the ISQsolutions™ Web Site. It is the Customer's sole
responsibility to ensure that the Customer is up to date on the
most current version of the Terms and Conditions agreement.
In accordance
with the Terms and Conditions, ISQsolutions™ will provide services
to the Customer in exchange for fees and full compliance with
the following Terms and Conditions:
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Provision
of ISQsolutions™ Services
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ISQsolutions™
Services Defined. " ISQsolutions™ Services"
include, without limitation, the following:
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any act
by ISQsolutions™ of serving the Customer regardless of
duration and whether or not paid for;
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any act
of setting up, connecting, maintaining, terminating, or
reconnecting the "Customer's Account" (see section
1.b.);
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any use
by the Customer of computing, telecommunications, software,
information, hardware, and equipment provided by ISQsolutions™;
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any act,
or provision of any service, by ISQsolutions™ related
to web hosting (including, without limitation, server
usage and technical support);
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any provision
by ISQsolutions™, and any use or occupation by the Customer,
of space, Internet connectivity, or electrical power;
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any access
to computing, telecommunications, software, information,
hardware, and equipment provided to Customer by others
affiliated with ISQsolutions™ via the world wide web and
Internet;
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any aspect
related to the ISQsolutions™ web site, including the ISQsolutions™
web site itself;
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any act
by ISQsolutions™ related to the submission and/or registration
of a domain name for the Customer;
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any other
service mentioned in the Terms and Conditions agreement;
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any other
service provided by ISQsolutions™ to the Customer;
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any other
service provided by ISQsolutions™ and used by the Customer.
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Customer's
Account Defined. "Customer's Account" means
the space on the particular web server that ISQsolutions™
provides to the Customer in ISQsolutions™ provision of ISQsolutions™
Services to the Customer.
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Amendment
of Fees & Charges. Upon thirty (30) days notice,
ISQsolutions™ may amend the fees and/or charges for any
ISQsolutions™ Service.
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Domain
Name Submissions and Registration. ISQsolutions™ Services related to the registration of a domain name is limited to the submission of the registration request to the appropriate registrar. Please note that each individual domain name constitutes a single submission. It is the Customer's sole responsibility to provide accurate domain name spelling and contact information.
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Registry/Registrars'
Terms & Conditions. Upon the Customer's registration
of a domain name with any registry, the Customer will also
be subject to the terms and conditions of the domain name
dispute policy.
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Management
& Backup of Data. The Customer is solely responsible
for the management and backup of all the Customer data,
and all updates, upgrades, and patches to any software that
the Customer uses in connection with ISQsolutions™ Services.
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Maintenance
Windows. ISQsolutions™ reserves the right to conduct
an emergency maintenance window at any time. During an emergency
maintenance window, any or all ISQsolutions™ Services may
be unavailable.
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License
to Occupy Only. The Customer
acknowledges and agrees that any provision of web hosting by
ISQsolutions™ to the Customer grants the Customer only a
license to occupy the space on a web server, and that the
Customer has no real property interest in the space,
software, web server and equipment. Payment by the Customer
for web hosting does not create or vest in the Customer (or
in any other party) any leasehold estate, easement,
ownership interest, or other proprietary right or interest
of any nature in any part of ISQsolutions™ premises or
facilities including, without limitation, the space,
software, web server and equipment.
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USE OF
MATERIALS & CONFIDENTIALITY
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Public
Domain Materials Defined. "Public Domain Materials"
means materials (including, without limitation, information,
artwork, images, pictures, text, video, audio, and programs)
that are not subject to copyright, trademark, service mark,
or any other intellectual property right restrictions or
prohibitions. Except when prohibited by law, Public Domain
Materials may be downloaded or uploaded using ISQsolutions™
Services. The
Customer assumes all risks regarding the determination of
whether or not any material is Public Domain Material.
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Use
of Copyrighted Materials. As
provided by
United
States
,
Canadian federal law and international treaties, copyrighted
materials may not be uploaded using ISQsolutions™ Services
without the express written permission of the copyright
holder. Copyrighted materials may be downloaded using
ISQsolutions™ Services FOR PERSONAL, NON-COMMERCIAL,
NON-PROFIT USE ONLY. Except as expressly permitted by law,
copyrighted materials may not be distributed to others. The
Customer may not change copyrighted materials and notices,
including, without limitation, any author attribution
notice.
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Confidential
Information Defined. "Confidential Information"
means any information disclosed by ISQsolutions™ to the
Customer, either directly or indirectly, in writing, orally,
or by inspection of tangible objects (including, without
limitation, documents, prototypes, samples, plant, and equipment),
which is designated as "Confidential," "Proprietary,"
or some other similar designation either (a) in writing,
(b) orally, or (c) by any other means. Confidential Information
will not include any information which: (i) is publicly
known and made generally available through no fault or breach
on the part of the Customer or any third party; (ii) is
obtained by the Customer from a third party without a breach
of such third party's obligations of confidentiality; (iii)
is independently developed by the Customer without use of
or reference to the Confidential Information; or (iv) is
required by law to be disclosed by the Customer, provided
that the Customer gives ISQsolutions™ prompt written notice
of such requirement prior to such disclosure, and assistance
in obtaining an order protecting the information from public
disclosure.
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Disclosure
of Confidential Information. The Customer must not use,
disclose, publish or disseminate any of ISQsolutions™ Confidential
Information to anyone other than those of the Customer's
employees or contractors (if any) on a need-to-know basis,
and the Customer agrees to take all reasonable precautions
to protect the secrecy of and to prevent any unauthorized
use, disclosure, publication, or dissemination of the Confidential
Information. Without limiting the scope of the foregoing,
the Customer will take at least those measures that the
Customer takes to protect the Customer's own most highly
confidential information and will ensure that any of the
Customer's employees, consultants, or other third parties
who have access to ISQsolutions™ Confidential Information
have signed a non-use and non-disclosure agreement in content
at least as restrictive as the provisions hereof, prior
to any disclosure of the Confidential Information to such
employees, consultants, or other third parties. The Customer
further agrees not to use the Confidential Information otherwise
for the Customer's own, or any third party's, benefit without
the prior written approval of an authorized representative
of ISQsolutions™ in each instance. The Customer will not
make any copies of ISQsolutions™ Confidential Information
unless the same are previously approved by ISQsolutions™
in writing. The Customer will reproduce ISQsolutions™ proprietary
rights notices on any such approved copies, in the same
manner in which such notices were set forth in or on the
original. The Customer will not commit or permit the reverse
engineering, reverse assembling, disassembling, reverse
compiling, or de-compiling, or any attempt to derive source
code from, any prototypes, hardware, software or any other
tangible objects which embody ISQsolutions™ Confidential
Information.
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Trademark & Copyright: All trademarks and logos contained
in any and all materials and information are the property
of ISQsolutions™. Use of such trademarks, logos, or copyrighted
materials are strictly prohibited without the prior permission
for use from the rightful owners.
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USE OF
ISQsolutions™ SERVICES
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Customer's
Account. Only the Customer may use the Customer's Account.
The Customer may not sell, lease, rent, or assign, in any
way, any part or whole of the Customer's Account and/or
ISQsolutions™ Services
to any party, unless the Customer obtains ISQsolutions™
prior written consent or the Customer has entered into a
valid Reseller Agreement with ISQsolutions™.
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Customer's
Password. The Customer agrees to maintain a secure password
("Customer's Password") to the Customer's Account.
A secure password is one that is minimum six (6) characters
long, contains upper and lower case letters, contains numbers
or other characters, and can not be found in direct or reverse
order in a dictionary, without regard to the language of
the dictionary. The Customer is solely responsible for changing
the Customer's Password as required to ensure secure access
to the Customer's Account. The Customer is also solely responsible
for ensuring the confidentiality and secrecy of the Customer's
Password.
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ISQsolutions™ Right of Refusal & Termination. ISQsolutions™
may, at its sole discretion, refuse ISQsolutions™ Services
to any Customer, whether new or existing, and/or terminate
the supply of ISQsolutions™ Services
to the Customer, without any prior notice, if ISQsolutions™
deems the Customer
to be in violation of the Terms and Conditions, notwithstanding
that the Customer may be in breach of any other agreement
by complying with the Terms and Conditions.
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Customer's
Lawful Use. The Customer agrees to use the ISQsolutions™
Services as
permitted by applicable laws, including, without limitation,
local, provincial, state, and federal laws. The Customer
agrees that the Customer may NOT use ISQsolutions™ Services
to conduct or solicit any business or activity that is prohibited
by law, libelous, or against any ISQsolutions™ policy.
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Customer's
Warranty, Liability, & Indemnification. The Customer
is solely responsible for any legal liability arising out
of, or relating to, the Customer's use of ISQsolutions™
Services. The Customer represents and warrants to ISQsolutions™
that the Customer holds the necessary rights to use, or
permit to use, any item used through any ISQsolutions™ Service,
and that the use, reproduction, distribution, transmission,
or display of any data to the public, and any material to
which the public can link or access, or any aspect of ISQsolutions™
Services made available to the public through the Customer,
will NOT:
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violate
or potentially violate any right of any third party, including,
without limitation, infringement or misappropriation of
any copyright, patent, trademark, trade secret, music,
image, or other proprietary right;
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constitute
or potentially constitute violations such as, without
limitation, false advertisement, unfair competition, defamation,
invasion of privacy, invasion of rights, and discrimination;
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cause
or potentially cause a business dispute or a personal
dispute;
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contain
any material that is unlawful, harmful, fraudulent, libelous,
slanderous, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, or hateful;
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contain
any material that is racially, ethnically, disputatiously,
argumentatively, or otherwise objectionable; or
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contain
any other material that encourages conduct that would
constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable law, including, without
limitation, local, provincial, state, national, international,
or any other laws.
The
Customer agrees to indemnify and hold ISQsolutions™, any third
party entity related to ISQsolutions™ (including, without limitation,
third party vendors), and ISQsolutions™ executives, directors,
officers, managers, employees, consultants, agents, parent companies,
and subsidiaries harmless from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes of action,
including, without limitation, any and all legal fees and expenses
arising out of or relating to the Customer's breach of any of
the representations or warranties herein, or any other third party
claim with respect thereto.
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Other
Organizations' Permission & Policies. The Customer's
use of networks, computing resources, or other services
from other organizations is also subject to those organizations'
respective permission and usage policies.
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Customer's
Prevention of Corruption. The Customer must actively
endeavor to prevent any corruption of ISQsolutions™ systems,
including, without limitation, viruses. ISQsolutions™ reserves
the right to run anti-virus programs, at ISQsolutions™ sole
discretion, to minimize potential and actual damages.
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Other
Prohibited Conduct. The Customer must not commit or
permit any reverse engineering, reverse assembling, disassembling,
reverse compiling, or de-compiling, or any attempt to derive
source code from, any prototypes, hardware, software, or
other tangible objects provided to the Customer by ISQsolutions™.
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Third
Party Services or Products. The Customer acknowledges
and agrees that any recommendation made by ISQsolutions™
employees for services or products ancillary to ISQsolutions™
Services are the recommendations of that employee only and
not of ISQsolutions™. ISQsolutions™ does not warrant the
integrity or quality of the services or products provided
by such third parties. The Customer agrees to hold ISQsolutions™,
any third party entity related to ISQsolutions™ (including,
without limitation, third party vendors), and ISQsolutions™
executives, directors, officers, managers, employees, consultants,
contractors, agents, parent companies, and subsidiaries
harmless from and against any and all liabilities, losses,
costs, judgments, damages, claims, or causes of action,
including, without limitation, any and all legal fees and
expenses arising out of or related to the Customer's reliance
on any recommendation made by a ISQsolutions™ employee regarding
services or products ancillary to ISQsolutions™ Services.
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Domain
Name Submissions. In
the case of a domain name registration, the Customer agrees
that by submitting an application for a domain name
registration, the Customer warrants that the information
submitted therein is true and correct, and that any future
changes to this information will be provided to the
appropriate registry in a timely manner. The Customer also
acknowledges and agrees that any submission of an
application for a domain name registration does not confer
immunity from objection to either the registration or use of
the domain name. It is the Customers responsibility to keep
registrant contact information for a domain name
registration such as email address, telephone numbers and
mailing address current and accurate. ISQsolutions™ is not
responsible for lose of domain name registration due to non
renewal.
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Prohibition of Adult Content.
By subscribing to ISQsolutions™ services, the customer acknowledges that the customer is prohibited from storing or posting adult content, or any links to adult content, including but not limited to sexually explicit materials, whether graphical, textual, video, audio, encrypted, protected, proprietary, or in any other formats. All material of pornographic nature is considered adult content.
ISQsolutions™ is not obligated to monitor its network for adult content. By subscribing to ISQsolutions™ services, the customer acknowledges that if ISQsolutions™ is made aware of content that is determined to be adult content or in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, ISQsolutions™ will deny access to such content and terminate the account without notice and no refunds will be issued to an account that is terminated for violating this policy. The Customer agrees to indemnify and hold ISQsolutions™ and all of ISQsolutions™ associated brands, as they may be amended from time to time, and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees) resulting from the use of the Services which damages the Customer or any other party.
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INDEMNIFICATION
The Customer agrees to protect, defend, hold harmless, and
indemnify ISQsolutions™, any third party entity related to
ISQsolutions™ (including,
without limitation, third party vendors), and ISQsolutions™
executives, directors,
officers, managers, employees, consultants, agents, parent
companies, and subsidiaries from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes of actions,
including, without limitation, any and all legal fees and
expenses arising out of or resulting from Customer's use of
ISQsolutions™ Services.
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LIMITATION
OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT,
AND UNDER NO THEORY OF LAW OR EQUITY, WILL ISQsolutions™,
ISQsolutions™ EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR
THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING ISQsolutions™ SERVICES BE LIABLE FOR THE LOSS
OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUE
DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR
ISQsolutions™ SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER,
OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR
ANY INABILITY TO USE, ANY ISQsolutions™ SERVICES EVEN IF ISQsolutions™
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ISQsolutions™
TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER, OR ANY
THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TERMS
AND CONDITIONS, AND THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY ISQSOLUTIONS™
OR ISQSOLUTIONS™ REPRESENTATIVES, OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED,
THE SETUP FEE OR THE MONTHLY FEE PAID BY THE CUSTOMER FOR
ISQsolutions™ SERVICES.
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DISCLAIMER
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Changes,
Modifications, & Backup of Data. THE CUSTOMER AGREES
THAT ISQsolutions™ MAY DISCONTINUE, UPGRADE, REPLACE, MODIFY,
OR CHANGE IN ANY WAY, WITHOUT LIMITATION, ANY SOFTWARE,
APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS
OR COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH
ISQsolutions™ SERVICES. THE CUSTOMER UNDERSTANDS, AGREES,
AND ACKNOWLEDGES THAT CERTAIN CHANGES TO THE ISQsolutions™
SERVICES MAY AFFECT THE OPERATION OF THE CUSTOMER'S PERSONALIZED
APPLICATIONS AND CONTENT. ISQsolutions™ MAKES NO WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE,
CONDITION, OR EXISTENCE OF ANY OF THE CUSTOMER'S PERSONALIZED
APPLICATIONS AND CONTENT. THEREFORE, THE CUSTOMER AGREES
THAT THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY OF THE CUSTOMER'S
PERSONALIZED APPLICATIONS AND CONTENT, INCLUDING, WITHOUT
LIMITATION, THE MANAGEMENT AND BACKUP OF ALL THE CUSTOMER
DATA.
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Systems
Information. THE CUSTOMER ACKNOWLEDGES THAT ISQsolutions™
MAKES A REASONABLE EFFORT TO KEEP THE INFORMATION AVAILABLE
ON ISQsolutions™ SYSTEMS ACCURATE. HOWEVER, ISQsolutions™
MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA
AND/OR INFORMATION AVAILABLE. USE OF INFORMATION OBTAINED
FROM OR THROUGH ISQsolutions™ IS AT THE SOLE RISK OF CUSTOMER.
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Interconnecting
Networks Information. The CUSTOMER ACKNOWLEDGES THAT
THE DATA AND/OR INFORMATION AVAILABLE THROUGH THE INTERCONNECTING
NETWORKS MAY NOT BE ACCURATE, AND THAT ISQsolutions™ HAS
NO ABILITY OR AUTHORITY OVER THE DATA AND/OR INFORMATION.
ISQsolutions™ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY
OF THE DATA AND/OR INFORMATION RESIDING ON OR PASSING THROUGH
THE INTERCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION
OBTAINED FROM OR THROUGH ISQsolutions™ SERVICES
IS AT THE SOLE RISK OF THE CUSTOMER.
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Third
Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND
ACKNOWLEDGES THAT ISQsolutions™ MAKES A REASONABLE EFFORT
TO PROVIDE THE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS,
AND INNOVATIONS (COLLECTIVELY "TECHNOLOGIES"),
PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR BY
THIRD PARTY ENTITIES. HOWEVER, ISQsolutions™ MAKES NO WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY,
ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE
OF ANY AND ALL ASPECTS OF SUCH TECHNOLOGIES. MOREOVER, ISQsolutions™
SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE FOR SUCH TECHNOLOGIES.
FURTHERMORE, THE CUSTOMER WILL NOT HOLD ISQsolutions™, ANY
THIRD PARTY ENTITY RELATED TO ISQsolutions™ (INCLUDING,
WITHOUT LIMITATION, THIRD PARTY VENDORS), OR ISQsolutions™
EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS,
AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY
WAY FOR THE REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED
TO ISQsolutions™ FROM OR BY THIRD PARTIES, THAT RESULTS
IN ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE,
OR OTHERWISE TO THE CUSTOMER, THE CUSTOMER'S BUSINESS, THE
CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE
OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE TECHNOLOGIES
OBTAINED FROM OR THROUGH ISQsolutions™, OR ANY OTHER REFERRED
THIRD PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE
RISK OF THE CUSTOMER.
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Non-
ISQsolutions™ Products. THE CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF
NON- ISQsolutions™ PRODUCTS OR SERVICES BY ISQsolutions™,
ANY THIRD PARTY ENTITY RELATED TO ISQsolutions™ (INCLUDING,
WITHOUT LIMITATION, THIRD PARTY VENDORS), OR ISQsolutions™
EXECUTIVES,
DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS,
PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION
PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR
RECOMMENDATION BY ISQsolutions™ OR THE INDIVIDUALS AND ENTITIES
LISTED IN THIS SECTION. ISQsolutions™ DISCLAIMS
ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY
MADE BY THE VENDORS OF SUCH NON- ISQsolutions™ PRODUCTS
AND/OR ISQsolutions™ SERVICES.
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Web
Site. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY
THE "INFORMATION") MADE AVAILABLE ON THE ISQsolutions™
WEB SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES
OF ANY KIND. ISQsolutions™ EXPRESSLY DISCLAIMS ANY REPRESENTATION
AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ISQsolutions™ WILL HAVE ABSOLUTELY NO LIABILITY
IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGE TO THE WEB SITE USER'S COMPUTER,
ANY HARDWARE, DATA, INFORMATION, MATERIALS, AND BUSINESS
RESULTING FROM THE INFORMATION, OR THE LACK OF INFORMATION,
AVAILABLE ON THE WEB SITE. ISQsolutions™ WILL HAVE NO LIABILITY
FOR:
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ANY AND
ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY
ISQsolutions™ ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR
CONTINGENCIES BEYOND ISQsolutions™ CONTROL IN PROCURING,
COMPILING, OR DELIVERING THE INFORMATION;
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ANY AND
ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION
REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN
DELIVERY OF THE INFORMATION; OR
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ANY DECISION
MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE
INFORMATION FURNISHED ON THE WEB SITE.
ISQsolutions™
MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT,
SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION
ON THE ISQsolutions™ WEB SITE, OR THAT THE INFORMATION IS RELIABLE
FOR ANY REASON. ISQsolutions™ MAKES NO WARRANTY, REPRESENTATION,
OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF
THIS SECTION, " ISQsolutions™ " INCLUDES, WITHOUT LIMITATION,
ISQsolutions™ DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES,
AND THEIR (INCLUDING ISQsolutions™) EXECUTIVES, DIRECTORS, OFFICERS,
MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
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PAYMENT,
PENALTIES, & APPLICABLE TAXES
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Billing
Cycle Defined. ISQsolutions™ provision of ISQsolutions™
Services to the Customer for one (1), (3) 0r (12) months
will constitute a "Billing Cycle," which will
begin on the day the plan is purchased, and end on the same
day, of each calendar billing cycle month. The Billing Cycle
will continue to renew each calendar billing cycle month
until ISQsolutions™ receives a "Not-to-Renew Request"
(see section 9.) from the Customer. ISQsolutions™ reserves
the right to modify the Billing Cycle, at any time and without
prior notice, so that the Customer may be billed for ISQsolutions™
Services more or less frequently.
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Initial
Billing Cycle. The initial Billing Cycle will commence
on the earlier of the day ISQsolutions™ receives from the
Customer an electronic order form and payment for ISQsolutions™
Services.
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Payment
Due. The Customer must ensure that ISQsolutions™ receives
full payment for ISQsolutions™ Services on the day of each
recurring Billing Cycle, including the initial Billing Cycle.
The Customer is solely responsible for ensuring that his
credit card is valid and contains funds on the customers
credit card to ensure ISQsolutions™ receives payment on
the applicable recurring billing date. ISQsolutions™ will
not provide the Customer with ISQsolutions™ Services until
ISQsolutions™ receives full payment.
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Methods
of Payment. Methods of payment accepted by ISQsolutions™
are credit card only.
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Overages.
ISQsolutions™
will charge the Customer for any "Overages",
including, without limitation, excessive monthly data
transfer use (which is any use of monthly data transfer
above the allowance specified in the Customer's particular
hosting service plan). The Customer is solely responsible
for preventing any and all Overages on a daily basis. The
Customer acknowledges that ISQsolutions™ has no obligation
to warn the Customer about any pending or actual Overage.
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Delinquent
Customer's Account. The Customer's Account will be deemed "Delinquent" if ISQsolutions™ does not receive payment for ISQsolutions™ Services within
seven (7) days after the commencement of a Billing Cycle.
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Penalties
for Delinquent Customer's Account. A Customer's Account that is Delinquent is put on hold and may not be used. Delinquent Customer's Account will have visitors redirected from the Customer's web site to ISQsolutions™ Web site. A Delinquent Customer's Account that is unpaid for thirty (30) days after the commencement of a Billing Cycle, at ISQsolutions™ sole discretion, have any or all files archived. Delinquent Customer's Accounts that are unpaid for anytime up to thirty (30) days or more after the commencement of a Billing Cycle may, at ISQsolutions™ sole discretion, have any or all files purged. The Customer's Account will continue to accrue charges while the Customer's Account is on hold.
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Reconnection
Charge. The Customer must pay a service reconnection
charge of fifty Canadian Dollars ($50.00) or thirty-five
U.S.
dollars ($35.00USD) to remove the hold on the Customer's
Account and to remove the Customer's Account from Delinquent
status.
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Applicable
Taxes. ISQsolutions™ will charge the Customer, and the
Customer must pay to ISQsolutions™, all applicable taxes,
including, without limitation, any retroactive tax on past
fees or charges (whether already paid or not) in cases where
ISQsolutions™ is under a legal obligation to collect such
tax from the Customer. The Customer is solely responsible
for any and all other taxes, which the Customer is under
a legal obligation to pay.
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"NOT-TO-RENEW"
Requests
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Automatic
Renewal. The Terms and Conditions will bind the Customer, and the Customer will be deemed to have accepted the Terms and Conditions, upon ISQsolutions™ receipt of the Customer's electronic order form, or upon any use by the Customer of any ISQsolutions™ Service. The Terms and Conditions, and the business arrangement between the Customer and ISQsolutions™ as set out herein, will automatically renew, upon expiration, upon recurring billing cycle for the applicable period until the Customer makes a proper "Not-to-Renew Request."
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Not-to-Renew
Request Defined. "Not-to-Renew Request" means
the Customer's request to ISQsolutions™ to cease the provision
of ISQsolutions™ Services for the particular Customer's
Account. A Not-to-Renew Request
for the Customer's Account must be submitted by the
Customer via the Customer's web-based account manager. To
Submit a "Not-to-Renew Request":
The Customer must login to the web-based account manager,
click 'hosting' from the top, click 'cancel hosting' from
the left side menu, complete and submit the request.
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Monthly
Basis. If the Customer pays on a MONTHLY BASIS ONLY, a Not-to-Renew Request
for the Customer's Account must be submitted by the
Customer via the Customer's web-based account manager.
To Submit a "Not-to-Renew Request": The Customer
must login to the web-based account manager, click 'hosting'
from the top, click 'cancel hosting' from the left side
menu, complete and submit the request. The Customer may also make a Not-to-Renew Request by telephone call to ISQsolutions™ Customer Support Department during the hours of 8:00 a.m. EST to 5:00 p.m. EST, Monday to Friday (excluding holidays). CHARGES ARE NOT PRO-RATED WHEN CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH ISQSOLUTIONS™.
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Non-Monthly
Basis. If the Customer pays on a NON-MONTHLY BASIS ONLY
(three (3), or twelve (12) months), a Not-to-Renew Request
for the Customer's Account must be submitted by the
Customer via the Customer's web-based account manager. To
Submit a "Not-to-Renew Request": The Customer must
login to the web-based account manager, click 'hosting' from
the top, click 'cancel hosting' from the left side menu,
complete and submit the request. The Customer may also make a Not-to-Renew
Request by telephone call to ISQsolutions™ Customer Support
Department during the hours of 8:00 a.m. EST to 5:00 p.m.
EST, Monday to Friday (excluding holidays). The Not-to-Renew
Request must be received by ISQsolutions™ before 5:00 p.m.
EST, seven (7) days before the anniversary date of the
Customer's Account in order for the Not-to-Renew Request
to be processed before such anniversary date; otherwise,
ISQsolutions™ will automatically renew the Customer's Account,
and the Customer will be bound and responsible, for the
next applicable period. CHARGES ARE NOT PRO-RATED WHEN THE
CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH ISQSOLUTIONS™.
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Full
Payment Requirement. The Customer's Account must be
PAID IN FULL before any Not-to-Renew Request will be considered
effective.
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30-Day
Money Back Guarantee. ISQsolutions™ will provide the Customer a thirty (30) day money back guarantee. The thirty (30) day period will commence on the earlier of the day ISQsolutions™ receives from the Customer an electronic order form or an order form. For web hosting plans pre-paid quarterly (3 months) or annually (12 months), the full pre-payment amount minus any setup fees and overages will be refunded if ISQsolutions™ is notified within the first 30 days from the date the hosting plan was ordered. No refund is available after the 30th day. This service guarantee does not apply to any add-ons or additional services such as data transfer overages,
Web server storage, MS SQL or MySQL database storage, email
server storage, domain name registrations and SSL Certificates. Cancellation Request
must be submitted by the
Customer via the Customer's web-based account manager. To
Submit a Cancellation Request: The Customer must login to
the web-based account manager, click 'hosting' from the top,
click 'cancel hosting' from the left side menu, complete and
submit the request. The Customer may also make a Cancellation Request by telephone call to ISQsolutions™ Customer Support Department during the hours of 8:00 a.m. EST to 5:00 p.m. EST, Monday to Friday (excluding
holidays). Cancellations must be requested within the first 30 days from the
initial date the hosting plan was ordered. E-mail requests will not constitute acceptance of any cancellation.
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CUSTOMER'S
ABUSE & BREACH
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Abuse
Defined. Any "abuse" of ISQsolutions™ Services
is a breach of the Terms and Conditions. Abuse includes,
without limitation, the Customer's use of ISQsolutions™
Services that disrupts the normal use of ISQsolutions™ Services
for other ISQsolutions™ the customers. Determination of
what constitutes an abuse of ISQsolutions™ Services will
be at the sole discretion of ISQsolutions™. Some examples
of abuse of ISQsolutions™ Services include, without limitation,
spawning processes, consuming excessive amounts of memory
or CPU, spamming or mass e-mailing. Without limiting the
scope of the foregoing, ISQsolutions™ forbids the storage
of illegal or pirated software, the use of any type of IRC
bot and/or proxy (including, without limitation, "bnc"
and "eggdrop"), the storage or use of any type
of software intended for hacking or cracking purposes, and
the storage or sale of unsolicited bulk e-mail lists intended
for spamming or resale purposes.
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Disciplinary
Measures. Depending on the nature and the severity,
the Customer's abuse of ISQsolutions™ Services is cause
for ISQsolutions™ to implement, at ISQsolutions™ sole discretion,
disciplinary measures, including, without limitation, warning,
suspension, or termination of the Customer's Account and
all provision of ISQsolutions™ Services to the Customer.
If the Customer has been suspended, and ISQsolutions™ chooses
to rescind the suspension, ISQsolutions™ may, at its sole
discretion, charge the Customer a reconnection charge before
ISQsolutions™ will provide any further ISQsolutions™ Services
to the Customer. If a Customer’s Account has been suspended
or placed on any kind of hold whatsoever by ISQsolutions™,
that the Customer’s Account will have visitors redirected
from the Customer’s web site to ISQsolutions™ web site.
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Misclassification.
The Customer acknowledges that the Customer's activity may
be misclassified as abuse. A Customer who believes that
the Customer's activity has been misclassified may appeal
to ISQsolutions™ Technical Support Manager. Determination
of whether or not the Customer's activity is abuse is at
ISQsolutions™ sole discretion.
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Right
to Terminate. IF ISQSOLUTIONS™ DEEMS THE CUSTOMER TO
BE INVOLVED, IN ANY WAY, IN SPAMMING ACTIVITIES, ISQSOLUTIONS™
RESERVES THE RIGHT TO IMMEDIATELY TERMINATE ISQSOLUTIONS™
SERVICES TO THE CUSTOMER.
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Breach
of the Terms and Conditions. Unethical activities and
criminal offenses are breaches of the Terms and Conditions.
The Customer agrees to report to ISQsolutions™ any breach
of the Terms and Conditions by either the Customer or any
other ISQsolutions™ customer. If the Customer is unsure
of whether or not a particular activity is unethical or
criminal, the Customer must notify ISQsolutions™ and ISQsolutions™
will make such determination.
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Civil
&/or Legal Liability for Breach. ANY BREACH OF THE
TERMS AND CONDITIONS MAY RESULT IN CIVIL ACTION AND/OR LEGAL
ACTION AND/OR CRIMINAL PROSECUTION.
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IP ADDRESSES
ISQsolutions™ maintains control and ownership of any and all
IP numbers and IP addresses that may be assigned to the Customer,
and ISQsolutions™ reserves the right to change or remove,
at ISQsolutions™ sole discretion, any and all IP numbers and
addresses.
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INTELLECTUAL
PROPERTY
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IP Prohibition.
The Customer must not, without ISQsolutions™ express written
consent, copy, reproduce, or republish any material, in
whole or in part, that is located on the Web Site, including,
without limitation, ISQsolutions™ sales and marketing materials.
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Trademark
& Copyright Prohibition. The Customer must not,
without ISQsolutions™ express written consent, use any ISQsolutions™
trademark, service mark, or copyrighted material.
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Misrepresentation.
The Customer must not, in any way, misrepresent the
Customer's relationship with ISQsolutions™, attempt to pass
itself off as ISQsolutions™, or claim that the Customer
is ISQsolutions™.
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CUSTOMER'S
PRIVACY
ISQsolutions™ takes reasonable measures to protect
the Customer's privacy. Except under urgent or emergency
circumstances, and/or as required by regulation, court order,
official authority, police or other law enforcement authority,
or any applicable law. The Customer's information or data
collected will be used by ISQsolutions™ for purposes related
to ISQsolutions™ Services including, without limitation,
extending special offers to the Customer, and referral and/or
agency commissions (including, without limitation,
improvements). The Customer understands, acknowledges, and
agrees that the Customer's administrative contact information
in relation to the Customer's domain name registration is
public information and ISQsolutions™ is not, and can not, be
obligated to safeguard such information and data from any
third party.
Under The Personal Information Protection
and Electronic Documents Act which governs the collection, use
and disclosure of personal information in the commercial
sector, ISQsolutions™ is required to adhere to ten privacy
principles set out in the National Standard of Canada, Model
Code for the Protection of Personal Information effective
January 1, 2001. It
governs the behavior of employees and agents acting on ISQsolutions™
behalf when dealing
with personal information. The purpose in which information is
collected and used. It provides procedures for an
individual’s access to and correction of personal
information. Read ISQsolutions™ Privacy Policy
located on the ISQsolutions™ Web site.
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ASSIGNMENT
AND AGENTS
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Assignment.
The rights and liabilities of both the Customer and ISQsolutions™
(collectively "the Parties") under the Terms and
Conditions will bind and inure to the benefit of the Parties'
respective successors, executors, and administrators, as
the case may be. However, the Customer may not assign or
delegate the Customer's rights and obligations under any
of the Customer's business relationships (including, without
limitation, any contract, agreement, or business arrangement)
with ISQsolutions™, either in whole or in part, without
the prior written consent of ISQsolutions™. ISQsolutions™
may assign its rights and obligations under the Terms and
Conditions to any third party in connection with a merger,
acquisition, sale of all or substantially all of ISQsolutions™
assets, or any other corporate reorganization.
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Bound
as Principal. The Customer agrees that the Customer
will be bound as a principal to the Terms and Conditions
even if any contract, agreement, or business arrangement,
including, without limitation, an application for domain
name registration or web hosting, is executed by an agent
for the Customer.
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MINIMUM
AGE REQUIREMENT
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Customer's
Warranty. The Customer warrants that the Customer is
at least 18 years of age.
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Parent
or Guardian. Any individual under the age of 18 years
("Minor") must have a parent or guardian accept
the Terms and Conditions in order for the Minor to become
a ISQsolutions™ customer.
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Parent
or Guardian Primarily Liable. A parent or guardian who
accepts the Terms and Conditions on behalf of a Minor will
be primarily liable for ensuring complete and proper compliance
with the Terms and Conditions, including, without limitation,
the timely and full payment of the charges for ISQsolutions™
Services.
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Continuation
of Parent or Guardian's Liability. A parent or guardian
who accepts the Terms and Conditions on behalf of a Minor
will continue to be primarily liable for the obligations
mentioned in the Terms and Conditions even when the Minor
has attained the age of 18, unless ISQsolutions™ provides
to such parent or guardian ISQsolutions™ express written
consent to the contrary.
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Invalid
Acceptance (Null & Void). ANY ACCEPTANCE OF THE
TERMS AND CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18
WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL
BE DEEMED NULL AND VOID AS BETWEEN ISQSOLUTIONS™ AND THAT
PARTICULAR INDIVIDUAL.
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GOVERNING
LAW/SEVERABILITY
Any agreement, including, without limitation, the Terms and
Conditions, arising from the business relationship between
ISQsolutions™ and the Customer, will be governed by and construed
in accordance with the laws of the Province of Ontario, Canada,
without reference to its conflicts of laws principles. The
Customer agrees that any litigation or arbitration between
the Customer and ISQsolutions™ will take place in Ontario,
Canada, and the Customer consents to
personal jurisdiction and venue in Ontario,
Canada. If any provision
or portion of the agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the remainder
of that agreement will continue in full force and effect.
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MODIFICATION
Any waiver, modification, or amendment of any provision of
the Terms and Conditions, initiated by the Customer, will
be effective only if accepted in writing and signed by ISQsolutions™.
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SURVIVAL
OF TERMS AND CONDITIONS
The following sections of this Terms and Conditions will survive
the expiry or termination of this Terms and Conditions for
any reason: 1(f); 1(h); 2; 3(e); 3(f); 3(j); 4; 5; 6; 11;
12; 14; 17.
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INDEPENDENT
CONTRACTORS
Nothing in this Agreement will be construed as creating a
partnership or relationship of employer and employee, principal
and agent, partnership or joint venture between the Parties.
Each Party will be deemed an independent contractor at all
times and will have no right or authority to assume or create
any obligation on behalf of the other Party, except as may
be expressly provided herein.
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COMPLETE
AGREEMENT
The Terms and Conditions, in addition to any other specific
agreement (if any) between ISQsolutions™ and the Customer,
constitutes the complete understanding and agreement between
the Customer and ISQsolutions™. Except when expressly agreed
to the contrary in writing by ISQsolutions™, the Terms and
Conditions supersedes any other written (including, without
limitation, digitized/computerized) agreement, oral agreement,
and/or agreement by conduct.
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