or "We" refers to ParaFX.com,
its subsidiaries and affiliates.
refers to the services provided by us and subscribed to by you and may
include, but is not limited to Website Hosting, and Commercial Internet
refers to the person or organization that uses or subscribes to
Agreement sets forth the Terms and Conditions that apply to use of the
Service by you. By using the Service, you agree to comply with all of
the Terms and Conditions set out in this document.
shall have the right at any time to change or modify the Terms and
Conditions applicable to your use of the Services, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice by us, which may be given by
any means including, but not limited to, posting on our website, or by
electronic or conventional mail. Any use of the Services by you after
such notice shall be deemed to constitute acceptance by you of such
changes, modifications or additions.
Services are provided on the basis of, and are subject to, service,
facility and equipment availability. We reserve the right not to provide
one or more Services where necessary facilities, equipment or services
are not available for any reason whatsoever.
Term and Termination
Service is for an initial term as agreed between you and ParaFX.com and
shall automatically renew at the end of the initial Term unless
terminated by either you or us in accordance with these Terms and
you are dissatisfied with our service, or with any of our terms,
conditions, rules, policies, guidelines, or practices in operating the
Service, your sole and exclusive remedy is to terminate your Service
agreement with us in accordance with our cancellation policy and
discontinue using the Service. You must provide us with not less than
five (5) days written notice prior to the next billing date to advise us
of your decision to terminate the Service agreement.
refunds will be given for partial terms or for any initial registration
reserve the right to terminate any Service to you immediately and
without notice for cause in the event that you breach this Agreement. We
may, at our sole discretion, suspend your service in lieu of terminating
this Agreement while we investigate the alleged breach of this
using the Service you must comply with applicable laws at all times. You
assume total responsibility and risk for your and your authorized users'
use of the Service.
are responsible for paying all charges necessary to use and access the
Service. We will recognize only you as the person authorized to accept,
utilize, manage, modify or terminate the Service.
collect and use personal information about you and your use of our
Services ("Information"): (i) to consider initiating and to
initiate, maintain and develop our relationship with you in connection
with our offering and servicing of products and services; (ii) to
administer billing and accounting services and security measures in
relation to your business with us; (iii) to monitor your customer
history, evaluate your credit standing and to share or exchange credit
reports and information with credit reporting agencies and credit
bureaus; (iv) to promote and to market additional products, goods and
services offered by us, including by means of direct marketing; and (v)
to comply with legal and regulatory requirements.
consent to our collection from, verification with, communication to, any
third party and our and their use of, Information for these purposes.
You authorize these parties to give us the Information. You acknowledge
that your name, address and telephone number are not considered
confidential Information and may be disclosed by us. In addition, you
agree that we may disclose Information to: (i) any person who, in our
reasonable judgment, is seeking the Information as your agent; or (ii) a
person involved directly or indirectly in supplying the Service to you,
including, without limitation, our sales agents, to the extent the
Information is required and used only for such purposes, including the
efficient supply of Services to you, and provided that person is
required to keep such Information confidential; or (iii) a person
retained by us to collect amounts which you owe us or to enforce our
rights under these Terms and Conditions, if the Information is required
for, and is to be used only for that purpose and that person is required
to keep such Information confidential.
may also use Information in our records for as long as it is needed for
the purposes described above and your consent remains valid after the
termination of our relationship with you. You understand and agree that,
unless we are notified in writing (letter, email or facsimile) to the
contrary, we are further authorized to disclose, on a confidential
basis, to any party with whom we have business relations all relevant
information relating to your dealings with us and our Service.
safeguarding, collection and use of your personal information and is
subject to modification from time to time by us. You agree to review the
Continued access or use of our Service shall be deemed to be conclusive
prices for the Service are made available on our web site and are
subject to change without notice.
will invoice you monthly, in advance of the provision of Service, unless
otherwise specified in these Terms and Conditions. The invoice will
include, and you will be responsible for, any applicable provincial and
federal taxes, as well as interest charges on overdue invoices.
must bring invoice inquiries and disputes to our attention within 30
days of the invoice date and failure to do so will be deemed to be an
admission that the entire contents of the invoice are accurate.
are due on the date specified on the invoice. Interest will accrue on
unpaid amounts as and from 30 days after the invoice date at the rate of
2.2% per month (26.4% per annum), or such other rate as we may determine
from time to time. Payment shall be made by cheque payable to ParaFX.com.
Alternatively you may make payments to your account using your
Visa or Mastercard. Should
your financial institution for any reason reject a payment, you will be
charged a fee of $25.00. In
the event that your account is allowed to become past due by 60 days or
more, we may at our discretion, suspend your hosting services until such
time as the outstanding balance is paid in full.
We further reserve the right to charge an admin fee of $25.00 for
suspension and re-activation. Upon
re-activation from a suspension of service, you are not reimbursed for
lost service time due to the suspension of service.
may be subject to a credit check. We reserve the right to examine your
credit record before we provide, continue or reinstate Services to you.
You authorize us to investigate your creditworthiness and agree, from
time to time, to provide appropriate authorizations and financial
information as we may reasonably request for this purpose.
may suspend the Service at any time for any duration of time, without
penalty or liability to ourselves, where necessary. You agree that it
may be necessary for us to temporarily suspend our Service for technical
reasons or to maintain our network, equipment or facilities. We shall
not bear any liability whatsoever for: (i) any such suspensions of
Service; (ii) the termination of Service pursuant to these Terms and
Conditions; (iii) suspension or termination of Service due to your
non-payment of amounts or deposits due; (iv) suspension or termination
of Service due to your unlawful or improper use of facilities or Service
by you; (v) your inability to access any Services; or (vi) suspension or
termination of the Service for any other reason at our sole discretion.
Service is provided on an "as is" and "as available"
basis and use of the Service is at your own risk. We make no
representations or warranties whatsoever, either express or implied,
with respect to the Service or any service, merchandise or information
provided through the Service, including without limitation any
representation or warranty with respect to the network transmission
capacity of any common carriers used by us or the accuracy or quality of
the Service. There is neither warranty of title, non-infringement nor
any implied warranty of merchantability or fitness for a particular
purpose. It is solely your and your authorized users' responsibility to
evaluate the accuracy, completeness and usefulness of all opinions,
advice, services and other information and the quality and
merchantability of the Service and all merchandise and services provided
through the Service generally.
we nor our suppliers warrant that the Service will be uninterrupted or
limiting the generality of the foregoing, we and our suppliers, and our
respective directors, officers and employees (collectively, in this
paragraph, "ParaFX.com "), are not responsible or liable to
you or third parties for any claim, loss, damages, liability or expenses
you or others may suffer or incur as a result of, arising out of, or in
any way connected with the Service, or any use of it or interruption in
it, whether through act or omission, negligence or otherwise, and
whether direct or indirect. Without limitation, ParaFX.com
is not liable for any incidental, special, consequential,
punitive, aggravated or exemplary damages, or loss of use, data,
business, income or profits, even if ParaFX.com
has been advised of the possibility of such claim, loss, damages,
liability or expenses by you or others. You assume all responsibility
and liability with respect to mistakes, omissions, interruptions,
errors, defects, delays in operation or transmission, or any failure of
performance. The limitations on liability contained in this Agreement
shall survive the termination of this Agreement. Without limiting the
generality of the foregoing, in no circumstances shall our liability to
you exceed one (1) month's user fee.
Indemnification of ParaFX.com
shall indemnify and hold us and our directors, officers and employees
harmless against all claims, loss, damages, liability or expenses that
we and/or they may suffer or incur, directly or indirectly, arising out
of, resulting from or in connection with your use of the Service.
Indemnification includes, but is not limited to, claims by third
parties, the installation, maintenance, and removal of any and all
equipment, the violation by you of the Agreement in force from time to
time, and legal fees, disbursements and all other reasonable costs
incurred by us in connection with any legal, collection or other
proceedings brought by us against you related to this Agreement.
relationship between us constitutes that of independent contractors. You
do not possess, nor are you able to distinguish yourself as having, any
authority to act for or create any obligation of, or make any
representation on behalf of or in our name. You shall not use, in any
manner or circumstance whatsoever, trademarks, trade names, logos or
designs owned or licensed by us.
Terms and Conditions are binding upon, and shall endure to, our benefit
and that of our respective successors, heirs, executors, administrators,
personal representatives and permitted assigns. You shall not assign or
transfer your rights or obligations hereunder or otherwise in respect of
the Service without our prior written consent.
notice by you to us shall be submitted in writing by e-mail to: email@example.com.
Please visit our website www.parafx.com for additional contact
of us shall be liable for any delay, interruption or failure in the
performance of our obligations if caused by acts of God, declared or
undeclared war, fire, flood, storm, slide, earthquake, power failure,
the inability to obtain equipment, supplies or other facilities that are
not caused by a failure to pay, labour disputes, or other similar events
beyond the control of the party affected that may prevent or delay such
performance. If any such act or event occurs or is likely to occur, the
party affected shall promptly notify the other, giving the particulars
of the event. The party so affected shall use reasonable efforts to
eliminate or remedy the event.
any part of these Terms and Conditions is found to be invalid or
unenforceable under applicable law, such part shall be ineffective to
the extent of such invalid or unenforceable part only, without in any
way affecting the remaining parts of these Terms and Conditions.
rights and obligations of the parties pursuant to these Terms and
Conditions is governed by, and shall be construed in accordance with,
the laws of the Province in which your designated billing address is
situated, and the Federal laws of Canada applicable in said Province.
may be subject to other local, provincial and national laws. You hereby
irrevocably submit to the exclusive jurisdiction of the Courts of the
Province of Ontario for any dispute arising under or relating to this
Agreement and waive your right to institute legal proceedings in any
other jurisdiction. We shall be entitled to institute legal proceedings
in connection with any matter arising under this Agreement in any
jurisdiction where you reside, do business or have assets.
waiver of any of the provisions of these Terms and Conditions shall be
deemed to constitute a waiver of any other provision nor shall such a
waiver constitute a continuing waiver unless otherwise expressly
provided in writing duly executed by the party to be bound thereby.
Terms and Conditions represent the complete Agreement and understanding
between us with respect to the Service and supersede any other written
or oral agreement.
Product names and terms used throughout these Terms and Conditions are
registered or pending trademarks of, or are licensed by, ParaFX.com
All other product and/or brand or company names mentioned in
these Terms and Conditions or otherwise in connection with the Service
are the trademarks of their respective owners.
agree to use the Service in a courteous and cooperative manner so as to
avoid abusing the Service or the custom, Netiquette and user etiquette
in place from time to time. You also agree to respect the use of the
Internet so that you do not violate the laws or affect the rights of
others. You will not misuse proprietary information or property of
others for your own purposes or otherwise and will not publish
threatening or defamatory materials or any materials otherwise injurious
to the business or reputation of others. In particular, without limiting
the generality of the foregoing, you shall not do, nor permit any of the
your authorized users or other third parties to do, any of the
a ) disclose private communications or disclose confidential information
without permission to parties other than the intended recipient;
b ) restrict or inhibit any other user from using and enjoying their
c ) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, or profane information of any kind,
including without limitation any transmissions encouraging conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, provincial, state, national or
international law, including, without limitation, export control laws
d ) impersonate another person when posting or transmitting messages;
e ) choose a user name for your email address which is protected by
copyright, or other intellectual property right, without obtaining
permission of the copyright or other right holder;
f) choose a user name for your email address which is libelous,
defamatory, obscene, threatening, abusive or hateful;
g ) post or transmit any information or software that you are aware
contains a virus, worm, or other harmful component;
h ) upload, post, publish, transmit, reproduce, or distribute in any
way, information, software or other material obtained through the
Internet which is protected by copyright or other proprietary right,
without obtaining the permission of the copyright owner or right holder;
i ) falsify user information provided to us or to other users of the
Service in connection with the use of our Service;
j ) multiple logins, including, without limitation, logging in
simultaneously from home and office, unless expressly provisioned
through specific Internet access service packages;
k ) engage in account sharing, including, without limitation, permitting
third parties to use your service account and password;
l ) unauthorized attempts to use or gain access to any account or
computer resource not belonging to you;
m ) use any means or device to obtain, or attempt to obtain, the
Services with the intent to avoid the applicable charges;
n ) use any means or device to gain unauthorized access to, alter, or
destroy (or any attempt thereof) the data or information of any other
customers and/or their end users;
o ) engage in any activities that will cause a disruption of the
Services (e.g. synchronized number sequence attacks) to other users
and/or their end-users;
p ) engage in any activities that will damage the systems of, or cause a
disruption of Internet services to, third parties;
q ) spamming or other advertising that is objectionable to us in our
sole discretion, including, without limitation, sending unsolicited mass
e-mailings to more than twenty-five (25) e-mail users, if such
unsolicited e-mailings provoke complaints from the recipients or posting
a single article or advertisement to more than ten (10) Usenet or other
news groups or forums;
r ) posting to any Usenet or other news group, forum, e-mail mailing
list or other similar group or list articles which are off-topic
according to the Charter or other published FAQ, or description of the
group or list;
s ) use the Services in any manner so as to harrass, threaten, abuse,
embarrass, or cause distress, unwanted attention, or discomfort to any
person or entity;
t ) use the Services to post or transmit any chain letter, or letters or
messages that offer a product or service based on the structure of a
u ) engaging in any of the foregoing activities using the service of
another access provider, but channeling such activities through a
Company account or re-mailer, or using a Company account as a mail drop
for responses; and
v ) use the Services in violation of the law, or in aid of any unlawful
act, or to interfere with the use and operation of our network.
consider the above practices to constitute abuse of both our Internet
Service and of the recipients of such unsolicited mailings or postings
who often bear the expense. Engaging in one or more of these practices
will result in immediate termination of your account. We reserve the
right to implement technical mechanisms that block multiple postings
before they are forwarded, as described above. Nothing contained in this
policy shall be construed to limit our actions or remedies in any way
with respect to any of the foregoing activities. We reserve the right to
take any and all additional actions we may deem appropriate with respect
to such activities, including, without limitation, all rights and
remedies available to us at law or in equity. We reserve the right, at
our sole discretion, to deny access at any time to users who breach the
above rules or cause other abuses which we, in our sole discretion, deem
to be disruptive to our subscribers.
cannot ensure or guarantee privacy for users of our Hosting Service and
recommend that our Hosting Service not be used for the transmission of
confidential information, including credit card information. Any such
use shall be at your sole risk, and we shall have no liability in
over the Internet
making purchases or other transactions using our Hosting Service, you
may be required by the merchant, information provider or service
provider to supply personal information including credit card
information or other means of payment. We are in no way responsible for
any charges you may incur when making purchases or other transactions in
have no obligation to monitor our Hosting Service. Your participation in
on-line communications occurs in real-time and is not edited, censored,
or otherwise controlled by us. Further, we cannot and do not screen
content provided by users of the public Internet.
the foregoing, you agree that we have the right to monitor our Hosting
Service electronically from time to time, to disclose any information as
necessary to satisfy any law, regulation, or other governmental request,
to operate our Services properly, or to protect ourselves or our
subscribers. We will not intentionally monitor (except for the purposes
of testing or security protection) or disclose any private electronic
email message unless required by law. We reserve the right to refuse to
post or to remove any information or materials in whole or in part, to
refuse access to web sites that, in our sole discretion, are
unacceptable, undesirable, or otherwise in violation of these Terms and
Conditions and/or applicable law.
initial term for the Service shall be for one (1) month. You may be
required to commit to a longer term and pricing discounts may be made
available to you for such longer term commitment. At the end of the
initial term, accounts automatically renew unless terminated by either
of us in accordance with these Terms and Conditions.
and Payment Terms
may send any invoices to you by mail, e-mail or fax, and you agree to
accept these as our duly issued invoices.
may require the first and last month's charges to be paid in full, and
in advance, by the same method of payment as the remainder of the term
is to be paid (i.e. cheque). Cash payments will not be accepted as first
and/or last month's payment. For ALL monthly Accounts, the LAST month
paid (in advance) is non-refundable.
may be cancelled within the first 14 days of sign up (including the date
of sign-up) upon written notice delivered and received by us. Upon
receipt of the notice of cancellation of account within the first 14
days, a full refund will be issued to you and your account will be
case of an annual account that is cancelled after the 14-day money-back
guarantee period, no refund will be issued to you.
the first 14 days, accounts may be cancelled upon written notice
delivered and received by us. Accounts that are paid for on a monthly
basis will be set to expire on the next billing date.
are not permitted to distribute material promoting hatred against
individuals or groups or any content which is deemed illegal under the
laws of Canada.
reserve the right to decline requests for web space rentals and to
cancel any account at our discretion.
are also not permitted to distribute material promoting any form of
network abuse, such as bulk Spam mailers, sniffers, or hacking tools.
Attachments and Storage
attachments are limited to ten (10) megabytes per message. Your total
email storage capacity using any of our Internet Service is limited to
fifteen (15) megabytes.
we nor our suppliers warrant that the Internet Service will be
uninterrupted or error free or that any information, software, or other
material accessible on the Internet is free of viruses, worms, Trojan
horses or other harmful components.
assume all responsibility and liability with respect to mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance.
Right to Discontinue Service
reserve the right to cancel the provision of our Hosting Service to you
at any time without notice and at our sole discretion. Without
limitation, if you modify, alter, reverse engineer, decompile,
disassemble or create derived works based on our proprietary network
protocols or software provided by us, your action(s) will constitute
Service abuse and we will have the right to immediately terminate the
account without limiting any other recourse we may wish to pursue
against you in respect of such infringements and illegal activity.
user names associated with the Hosting Service shall remain our property
and we may, at any time at our sole discretion, require you to change
your user name.
Acceptance of Terms and Conditions
automatically accept all of the Terms and Conditions as stated herein by
using any or all of the services for which you signed up. You further
agree to abide by all rules, regulations, and Terms of Service which may
be changed from time to time at our discretion by notice published on
our web site, sent by email or by fax to you.