G2 Networking
Terms & Conditions
This agreement ("Terms and Conditions"), in addition to any other specific agreement between G2 Networking ("G2 Networking") and the customer ("Customer"), represents the complete understanding and agreement between G2 Networking and Customer. Except when expressly agreed to the contrary in writing by G2 Networking, this Terms and Conditions supersedes any other agreement, whether written (including, without limitation, digitized/computerized), oral, by conduct, or in any other form.
Upon notice published on G2 Networking's web site (the "Web Site"), G2 Networking may change or discontinue any provision of this Terms and Conditions from time to time, including, without limitation, "G2 Networking Services" (defined below), pricing, equipment, and products. Any such change or discontinuance will legally bind Customer from the time G2 Networking publishes notice of the change or discontinuance on the Web Site. It is Customer's sole responsibility to ensure that Customer is up-to-date on the most current version of the Terms and Conditions.
Wherever in this Terms and Conditions the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.
THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE "I AGREE" BUTTON IN THE ON-LINE ORDER FORM) OF CUSTOMER'S ACCOUNT ORDER WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THE TERMS AND CONDITIONS.
In accordance with the Terms and Conditions, G2 Networking will provide G2 Networking Services to Customer in exchange for fees and full compliance with the following Terms and Conditions:
1. PROVISION OF G2 NETWORKING SERVICES
a. G2 Networking Services Defined. "G2 Networking Services" include, without limitation, the following:
i. any act of setting up, connecting, maintaining, terminating, or reconnecting "Customer's Account" (see section 1.b.);
ii. any use by Customer of computing, telecommunications, software, information, hardware, and equipment provided by G2 Networking;
iii. any act, or provision of any service, by G2 Networking related to web hosting (including, without limitation, server usage and technical support), regardless of duration and whether paid for or not;
iv. any provision by G2 Networking, and any use or occupation by Customer, of space, Internet connectivity, or electrical power;
v. any access to computing, telecommunications, software, information, hardware, and equipment provided to Customer by others affiliated with G2 Networking via the global Internet;
vi. any access or use related to the Web Site, including the Web Site itself;
vii. any act by G2 Networking related to the submission and/or registration of a domain name for Customer;
viii. any other service mentioned in the Terms and Conditions;
ix. any other service provided by G2 Networking to Customer;
x. any other service provided by G2 Networking and used by Customer.
b. Customer's Account Defined. "Customer's Account" means the space on the particular web server, that G2 Networking provides to Customer in G2 Networking's provision of G2 Networking Services to Customer.
c. Amendment of Fees & Charges. Upon thirty (30) days notice, G2 Networking may amend the fees and/or charges for any G2 Networking Service.
d. Domain Name Submissions. G2 Networking Services related to the registration of a domain name is limited to the submission of the registration request to the appropriate registrar. THERE IS NO GUARANTEE, AND G2 NETWORKING SPECIFICALLY DISCLAIMS ANY SUCH GUARANTEE, THAT A PARTICULAR APPLICATION FOR A DOMAIN NAME WILL BE ACCEPTED OR APPROVED. Please note that each individual domain name constitutes a single submission. It is Customer's sole responsibility to provide accurate information and to notify the appropriate registrar directly, NOT G2 Networking, about any change to the original information.
e. Other Registry/Registrars' Terms & Conditions. . Upon Customer's registration of a domain name with any registry or registrar, Customer will also be subject to the terms and conditions of that registry or registrar. In the event of any conflict between the terms and conditions of the particular registry or registrar and G2 Networking's Terms and Conditions, G2 Networking's Terms and Conditions will prevail and Customer will comply with G2 Networking's Terms and Conditions.
f. Management & Backup of Data. . Customer is solely responsible, and G2 Networking disclaims any responsibility for the management and backup of all Customer data, and all updates, upgrades, and patches to any software that Customer uses in connection with G2 Networking Services.
g. Maintenance Windows. Customer acknowledges and agrees to the weekly scheduled maintenance windows, which G2 Networking performs every week between 10:00 p.m. Pacific Standard Time ("PST") on Wednesday and 2:00 a.m. PST on Thursday. During a scheduled maintenance window, any or all G2 Networking Services may be unavailable. G2 Networking reserves the right to conduct an emergency maintenance window at any time. During an emergency maintenance window, any or all G2 Networking Services may be unavailable.
h. License to Occupy Only. Customer acknowledges and agrees that any provision of equipment space by G2 Networking to Customer grants Customer only a license to occupy the equipment space, and that Customer has no real property interest in the equipment space. Payment by Customer for the equipment space does not create or vest in 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 G2 Networking's premises or facilities including, without limitation, the equipment space.
2. USE OF MATERIALS & CONFIDENTIALITY
a. 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 G2 Networking Services. Customer assumes all risks regarding the determination of whether or not any material is Public Domain Material, and G2 Networking disclaims all responsibility related to the download or upload or any other use of such materials.
b. Use of Copyrighted Materials. As provided by United States federal law and international treaties, copyrighted materials may not be uploaded using G2 Networking Services without the express written permission of the copyright holder. Copyrighted materials may be downloaded using G2 Networking Services FOR PERSONAL, NON-COMMERCIAL, NON-PROFIT USE ONLY. G2 Networking prohibits the downloading of any copyrighted materials for any other purpose and G2 Networking disclaims any liability for such conduct. Except as expressly permitted by law, copyrighted materials may not be distributed to others. Customer may not change copyrighted materials and notices, including, without limitation, any author attribution notice.
c. Confidential Information Defined. "Confidential Information" means any information disclosed by G2 Networking to Customer, either directly or indirectly, in writing, orally, by inspection of tangible objects (including, without limitation, documents, prototypes, samples, plant, and equipment), or any other means, which is designated as "Confidential," "Proprietary," or some other similar designation either (a) in writing, (b) orally, or (c) by any other means.
d. Disclosure of Confidential Information. Customer must not use, disclose, publish or disseminate any of G2 Networking's Confidential Information to anyone other than those of Customer's employees or contractors (if any) on a need-to-know basis, and for the purposes agreed to in advance writing by G2 Networking. Customer agrees to take all commercially reasonable measures to protect the secrecy of, and prevent any unauthorized use, disclosure, publication, or dissemination of, the Confidential Information. Without limiting the scope of the foregoing, Customer will take at least those measures that Customer takes to protect Customer's own most highly confidential information, but in no way any less than what is commercially reasonable in the circumstances, and will ensure that any of Customer's employees, consultants, agents, or any other third parties who have access to G2 Networking's 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, agents or other third parties. Customer further agrees not to use the Confidential Information otherwise for Customer's own, or any third party's, benefit without the prior written approval of an authorized representative of G2 Networking in each instance. Customer will not make any copies of G2 Networking's Confidential Information unless the same are previously approved by G2 Networking in writing. Customer will reproduce G2 Networking's proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. Customer will not commit or permit the reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software or any other tangible objects which embody G2 Networking's Confidential Information.
e. Copyright & Trademark Notices. Copyright© G2 Networking (including, without limitation, G2 Networking's parent companies and subsidiaries) and/or its licensors, 1997-2002, all rights reserved. G2 Networking, G2 Networking and Design®, EasyHost, EZsite, WebStore Lite, WebStore Pro, WebStore NT, NT Store Lite, NT Store Pro, BASICsite, COMMERCESITE, MEDIASite, OfficeSite, DeveloperSite, Swhois®, SmartWhois®, NetMAX, NetRaQ, WebWizard, WebStarter, WebStarter NT, WebStore NT, MediaStream, and G2 NetworkingClicks are trademarks or service marks of G2 Networking. All trademarks and logos contained in any and all materials and information are the property of their respective owners. Use of such trademarks and logos are strictly prohibited without the prior permission for use from the rightful owners.
3. USE OF G2 NETWORKING SERVICES
a. Customer's Account. Only Customer may use Customer's Account. Customer may not sell, lease, rent, or assign, in any way, any part or whole of Customer's Account and/or G2 Networking Services to any party, unless Customer obtains G2 Networking's prior written consent or Customer has entered into a valid Reseller Agreement with G2 Networking.
b. Customer's Password. Customer agrees to maintain a secure password ("Customer's Password") to Customer's Account. A secure password is one that is between six (6) and eight (8) 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. Customer is solely responsible for changing Customer's Password as required to ensure secure access to Customer's Account. Customer is also solely responsible for ensuring the confidentiality and secrecy of Customer's Password.
c. G2 Networking's Right of Refusal & Termination. G2 Networking may, at its sole discretion, refuse G2 Networking Services to any Customer, whether new or existing, and/or terminate the supply of G2 Networking Services to Customer, without any prior notice, if G2 Networking deems Customer to be in violation of the Terms and Conditions, notwithstanding that Customer may be in breach of any other agreement by complying with the Terms and Conditions.
d. Customer's Lawful and Ethical Use. Customer agrees to use the G2 Networking Services as permitted by applicable laws (including, without limitation, local, provincial, state, and federal laws) and in a manner that is not unethical or contrary to public policy. Customer agrees that Customer may NOT use G2 Networking Services to conduct or solicit any business or activity that is prohibited by law, libelous, or against any public or G2 Networking policy.
e. Customer's Warranty, Liability, & Indemnification. Customer is solely responsible for any legal liability arising out of, or relating to, Customer's use of G2 Networking Services. Customer represents and warrants to G2 Networking that Customer holds the necessary rights to use, or permit to use, any item used through any G2 Networking 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 G2 Networking Services made available to the public through Customer, will NOT:
i. 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;
ii. constitute or potentially constitute violations such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;
iii. cause or potentially cause a business dispute or a personal dispute;
iv. contain or potentially contain any material that is unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise offensive;
v. contain or potentially contain any material that is racially, ethnically, disputatiously, argumentatively, or ethically objectionable; or
vi. 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.
Customer agrees to indemnify and hold G2 Networking, any third party entity related to G2 Networking (including, without limitation, third party vendors), and G2 Networking's executives, directors, officers, attorneys, 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 relating to Customer's breach of any of the terms and conditions herein, or any other third party claim with respect thereto.
f. Fixtures & Registration of Personal Property. Customer acknowledges and agrees that any equipment, whether or not physically affixed to any part of G2 Networking's premises or facilities, will not be construed to be fixtures. Customer must register, or cause the lessor of such equipment to register (if applicable), such equipment as Customer's personal property whenever required by any applicable law, and Customer agrees to pay all taxes levied upon such equipment.
g. Other Organizations' Permission & Policies. Customer's use of networks, computing resources, or other services from other organizations is also subject to those organizations' respective permission and usage policies.
h. Customer's Prevention of Corruption. Customer must actively endeavor to prevent any corruption of G2 Networking systems, including, without limitation, viruses. G2 Networking reserves the right to run anti-virus programs, at G2 Networking's sole discretion, to minimize potential and actual damages.
i. Other Prohibited Conduct. Customer must not commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects provided to Customer by G2 Networking.
j. Third Party Services or Products. Customer acknowledges and agrees that any recommendation made by G2 Networking employees for services or products ancillary to G2 Networking Services are the recommendations of that employee only and not of G2 Networking. G2 Networking does not warrant the integrity or quality of the services or products provided by such third parties. Customer agrees to hold G2 Networking, any third party entity related to G2 Networking (including, without limitation, third party vendors), and G2 Networking's executives, directors, officers, attorneys, 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 Customer's reliance on any recommendation made by a G2 Networking employee regarding services or products ancillary to G2 Networking Services.
k. Domain Name Submissions. In the case of domain name registrations, Customer agrees that by submitting an application for domain name registration, 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 registrar in a timely manner. Customer also acknowledges and agrees that any submission of an application for domain name registration does not confer immunity from objection to either the registration or use of the domain name
4.
INDEMNIFICATION
Customer agrees to protect, defend, hold harmless, and indemnify G2 Networking,
any third party entity related to G2 Networking (including, without limitation,
third party vendors), and G2 Networking's executives, directors, officers,
attorneys, managers, employees, consultants, contractors, 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 G2 Networking Services.
5.
LIMITATION
OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER
NO THEORY OF LAW OR EQUITY, WILL G2 NETWORKING, G2 NETWORKING'S EXECUTIVES,
DIRECTORS, OFFICERS, ATTORNEYS, 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 G2 NETWORKING 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 G2 NETWORKING 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 G2 NETWORKING SERVICES EVEN IF G2 NETWORKING HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. G2 NETWORKING'S TOTAL CUMULATIVE LIABILITY,
IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED
TO THE TERMS AND CONDITIONS, OR THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY G2 NETWORKING OR G2 NETWORKING'S
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 CUSTOMER
FOR G2 NETWORKING SERVICES.
6. DISCLAIMER
a. Changes, Modifications, & Backup of Data. CUSTOMER AGREES THAT G2 NETWORKING 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 CUSTOMER WITH G2 NETWORKING SERVICES. CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT CERTAIN CHANGES TO THE G2 NETWORKING SERVICES MAY AFFECT THE OPERATION OF CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. G2 NETWORKING MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE, CONDITION, OR EXISTENCE OF ANY OF CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. THEREFORE, CUSTOMER AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ANY OF CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE MANAGEMENT AND BACKUP OF ALL CUSTOMER DATA.
b. Systems Information. CUSTOMER ACKNOWLEDGES THAT G2 NETWORKING MAKES A REASONABLE EFFORT TO KEEP THE INFORMATION AVAILABLE ON G2 NETWORKING'S SYSTEMS ACCURATE. HOWEVER, G2 NETWORKING 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 G2 NETWORKING IS AT THE SOLE RISK OF CUSTOMER.
c. Interconnecting Networks Information. CUSTOMER ACKNOWLEDGES THAT THE DATA AND/OR INFORMATION AVAILABLE THROUGH THE INTERCONNECTING NETWORKS MAY NOT BE ACCURATE, AND THAT G2 NETWORKING HAS NO ABILITY OR AUTHORITY OVER THE DATA AND/OR INFORMATION. G2 NETWORKING 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 INTERNCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION OBTAINED FROM OR THROUGH G2 NETWORKING SERVICES IS AT THE SOLE RISK OF CUSTOMER.
d. Third Party Licenses. CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT G2 NETWORKING MAKES A REASONABLE EFFORT TO PROVIDE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS, AND INNOVATIONS (COLLECTIVELY "TECHNOLOGIES"), PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR BY THIRD PARTY ENTITIES. HOWEVER, G2 NETWORKING MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF ANY OR ALL ASPECTS OF SUCH TECHNOLOGIES. MOREOVER, G2 NETWORKING SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR SUCH TECHNOLOGIES. FURTHERMORE, CUSTOMER WILL NOT HOLD G2 NETWORKING, ANY THIRD PARTY ENTITY RELATED TO G2 NETWORKING (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR G2 NETWORKING'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY FOR THE REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO G2 NETWORKING FROM OR BY THIRD PARTIES, THAT RESULTS IN ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE, OR OTHERWISE TO CUSTOMER, CUSTOMER'S BUSINESS, CUSTOMER'S AFFILIATES, CUSTOMER'S CUSTOMERS, OR ANYONE OR ANYTHING RELATED TO CUSTOMER. THE USE OF THE TECHNOLOGIES OBTAINED FROM OR THROUGH G2 NETWORKING, OR ANY OTHER REFERRED THIRD PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE RISK OF CUSTOMER.
e. Non-G2 Networking Products. CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON-G2 NETWORKING PRODUCTS OR SERVICES BY G2 NETWORKING, ANY THIRD PARTY ENTITY RELATED TO G2 NETWORKING (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR G2 NETWORKING'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY G2 NETWORKING OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. G2 NETWORKING DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON-G2 NETWORKING PRODUCTS AND/OR G2 NETWORKING SERVICES.
f. Web Site. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE "INFORMATION") MADE AVAILABLE ON THE WEB SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. G2 NETWORKING EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. G2 NETWORKING 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. G2 NETWORKING WILL HAVE NO LIABILITY FOR:
i. ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY G2 NETWORKING'S ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND G2 NETWORKING'S CONTROL IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
ii. ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR
iii. ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON THE WEB SITE.
G2 NETWORKING MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE WEB SITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. G2 NETWORKING 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, "G2 NETWORKING" INCLUDES, WITHOUT LIMITATION, G2 NETWORKING'S DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING G2 NETWORKING'S) EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
7. PAYMENT OF FEES FOR DOMAIN REGISTRATION
a. Top Level Domain Names (TLDs). Customer agrees and permits G2 Networking to collect domain name registration fees ("Registration Fees") on behalf of any registry or registrar for domain names. The Registration Fees will maintain the registration of the particular domain names for two (2) years.
b. Country Code Domains. Customer agrees to pay to G2 Networking the appropriate non-refundable country code domain name submission fee ("Submission Fee") as displayed on the G2 Networking order form. The Submission Fee covers the cost of submitting a country code domain name to the appropriate registry or registrar. Customer understands and acknowledges that each registry or registrar has its own terms and conditions for accepting or approving domain name registrations. Customer acknowledges that the Submission Fee is non-refundable, even if the domain name is rejected (because the fee is for the service of submitting the application). Each individual registry or registrar may have additional domain registration fees that Customer will have to pay.
8. PAYMENT, PENALTIES, & APPLICABLE TAXES
a. Accounting Cycle Defined. G2 Networking's provision of G2 Networking Services to Customer for one (1) month will constitute an "Accounting Cycle," which will begin on the first day, and end on the last day, of each calendar month. The Accounting Cycle will continue to renew each month until G2 Networking receives a "Not-to-Renew Request" (see section 9.) from Customer. G2 Networking reserves the right to modify the Accounting Cycle, at any time and without prior notice, so that Customer may be billed for G2 Networking Services more or less frequently. Any period during which Customer's account is suspended or on hold will be included in the Accounting Cycle.
b. Initial Accounting Cycle. The initial Accounting Cycle will commence on the earlier of the day G2 Networking receives from Customer an electronic order form or an order form that Customer submits by facsimile for G2 Networking Services. If G2 Networking receives an order form, either by electronic means or by facsimile, after the first day of the initial Accounting Cycle, G2 Networking will pro-rate the charges for that month.
c. Payment Due. Customer must ensure that G2 Networking receives full payment for G2 Networking Services before the beginning of each Accounting Cycle, including the initial Accounting Cycle. Customer is solely responsible for ensuring that G2 Networking receives payment before the applicable due date. G2 Networking will not provide Customer with G2 Networking Services until G2 Networking receives full payment in advance.
d. Methods of Payment. Methods of payment accepted by G2 Networking are check, money order, or credit card. If Customer is paying by check or money order, the payment must be sent to G2 Networking's address as it appears on the Web Site. G2 Networking will charge Customer a fifteen U.S. dollar (US$15.00) service charge for each check that is not honored or any credit card chargeback.
e. Overages. G2 Networking will charge Customer for any "Overages", including, without limitation, excessive bandwidth and disk space use (which is any use of bandwidth or disk space above the allowance specified in Customer's particular service package). Customer is solely responsible for preventing any and all Overages on a daily basis. Customer acknowledges that G2 Networking has no obligation to warn Customer about any pending or actual Overage.
f. Delinquent Customer's Account. Customer's Account will be deemed "Delinquent" if G2 Networking does not receive payment for G2 Networking Services within five (5) days after the commencement of an Accounting Cycle.
g. 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 Customer's web site to G2 Networking's technical support web site. A Delinquent Customer's Account that is unpaid for an entire Accounting Cycle may, at G2 Networking's sole discretion, have any or all files archived. Delinquent Customer's Accounts that are unpaid for anytime up to two (2) Accounting Cycles or more may, at G2 Networking's sole discretion, have any or all files purged. Customer's Account will continue to accrue charges (including, without limitation, interest charges) while Customer's Account is on hold.
h. Reconnection Charge. Customer must pay a service reconnection charge of fifty U.S. dollars (USD$50.00) to remove the hold on Customer's Account and to remove Customer's Account from Delinquent status.
i. Applicable Taxes. G2 Networking will charge Customer, and Customer must pay to G2 Networking, all applicable taxes, including, without limitation, any retroactive tax on past fees or charges (whether already paid or not) in cases where G2 Networking is under a legal obligation to collect such tax from Customer. Customer is solely responsible for any and all other taxes, which Customer is under a legal obligation to pay.
9. "NOT-TO-RENEW" Requests
a. Automatic Renewal. The Terms and Conditions will bind Customer, and Customer will be deemed to have accepted the Terms and Conditions, upon G2 Networking's receipt of Customer's electronic order form, or the order form that Customer submits by facsimile, or upon any use by Customer of any G2 Networking Service. The Terms and Conditions, and the business arrangement between Customer and G2 Networking as set out herein, will automatically renew, upon expiration, for the applicable period until Customer makes a proper "Not-to-Renew Request."
b. Not-to-Renew Request Defined. "Not-to-Renew Request" means Customer's request to G2 Networking to cease the provision of G2 Networking Services for the particular Customer's Account.
c. Monthly Basis. If Customer pays on a MONTHLY BASIS ONLY, a Not-to-Renew Request for Customer's Account must be given by writing via facsimile, first class postal service (postage prepaid), or by prepaid overnight commercial courier delivered to G2 Networking's Customer Service Department (address available on the Web Site). Customer may also make a Not-to-Renew Request by telephone call to G2 Networking's Customer Service Department during the hours of 8:00 a.m. PST to 5:00 p.m. PST, Monday to Friday (excluding holidays). The Not-to-Renew Request must be received by G2 Networking before 5:00 p.m. PST on the last business day of the particular month in order for the Not-to-Renew Request to be processed by the end of the same month; otherwise, G2 Networking will automatically renew Customer's Account for the next month. CHARGES ARE NOT PRO-RATED WHEN CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH G2 NETWORKING.
d. Non-Monthly Basis. If Customer pays on a NON-MONTHLY BASIS ONLY (three (3), six (6), or twelve (12) months), a Not-to-Renew Request for Customer's Account must be given by writing via facsimile, first class postal service (postage prepaid), or by prepaid overnight commercial courier delivered to G2 Networking's Customer Service Department (address available on the Web Site). Customer may also make a Not-to-Renew Request by telephone call to G2 Networking's Customer Service Department during the hours of 8:00 a.m. PST to 5:00 p.m. PST, Monday to Friday (excluding holidays). The Not-to-Renew Request must be received by G2 Networking before 5:00 p.m. PST, fifteen (15) days before the anniversary date of Customer's Account in order for the Not-to-Renew Request to be processed before such anniversary date; otherwise, G2 Networking will automatically renew Customer's Account, and Customer will be bound and responsible, for the next applicable period. CHARGES ARE NOT PRO-RATED WHEN CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH G2 NETWORKING.
e. Full Payment Requirement. Customer's Account must be PAID IN FULL before any Not-to-Renew Request will be considered effective.
f. 30-Day Money Back Guarantee. G2 Networking will provide Customer a thirty (30) day money back guarantee. The thirty (30) day period will commence on the earlier of the day G2 Networking receives from Customer an electronic order form or an order form that Customer submits by facsimile. Any setup fee, bandwidth or disk space Overage, and any additional charges are NOT refundable.
10. CUSTOMER'S ABUSE & BREACH
a. Abuse Defined. Any "abuse" of G2 Networking Services is a breach of the Terms and Conditions. Abuse includes, without limitation, Customer's use of G2 Networking Services that disrupts the normal use of G2 Networking Services for other G2 Networking customers. Determination of what constitutes an abuse of G2 Networking Services will be at the sole discretion of G2 Networking. Some examples of abuse of G2 Networking 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, G2 Networking forbids the storage of illegal or pirated software ("warez"), 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.
b. Disciplinary Measures. Depending on the nature and the severity, Customer's abuse of G2 Networking Services is cause for G2 Networking to implement, at G2 Networking's sole discretion, disciplinary measures, including, without limitation, warning, suspension, or termination of Customer's Account and all provision of G2 Networking Services to Customer. If Customer has been suspended, and G2 Networking chooses to rescind the suspension, G2 Networking may, at its sole discretion, charge Customer a reconnection charge before G2 Networking will provide any further G2 Networking Services to Customer. If a Customer's Account has been suspended or placed on any kind of hold whatsoever by G2 Networking, that particular Customer's Account will have visitors redirected from Customer's web site to G2 Networking's technical support web site.
c. Misclassification. Customer acknowledges that Customer's activity may be misclassified as abuse. A Customer who believes that Customer's activity has been misclassified may appeal to G2 Networking's Technical Support Manager. Determination of whether or not Customer's activity is abuse is at G2 Networking's sole discretion. G2 Networking disclaims, and Customer will not hold G2 Networking liable in any way for, any such misclassifications of abuse.
d. Right to Terminate. IF G2 NETWORKING DEEMS CUSTOMER TO BE INVOLVED, IN ANY WAY, IN SPAMMING ACTIVITIES OR ANY BREACH OF THE TERMS AND CONDITIONS, G2 NETWORKING RESERVES THE RIGHT TO IMMEDIATELY TERMINATE G2 NETWORKING SERVICES TO CUSTOMER.
e. Breach of the Terms and Conditions. Breach of the Terms and Conditions includes, without limitation, unethical activities and criminal offenses. Customer agrees to report to G2 Networking any breach of the Terms and Conditions by Customer, any other G2 Networking customer, or anyone else using G2 Networking Services or associated with G2 Networking. If Customer is unsure of whether or not a particular activity is unethical or criminal, Customer must notify G2 Networking and G2 Networking will make such determination. The final determination of what constitutes breach of the Terms and Conditions will be at G2 Networking's sole discretion.
f. 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.
11.
IP ADDRESSES
G2 Networking maintains control and ownership of any and all IP numbers and
IP addresses that may be assigned to Customer, and G2 Networking reserves
the right to change or remove, at G2 Networking's sole discretion, any and
all IP numbers and addresses.
12. INTELLECTUAL PROPERTY
a. IP Prohibition. Customer must not, without G2 Networking's express written consent, copy, reproduce, or republish any material, in whole or in part, that is located on the Web Site, including, without limitation, G2 Networking's sales and marketing materials.
b. Trademark & Copyright Prohibition. Customer must not, without G2 Networking's express written consent, use any G2 Networking trademark, service mark, or copyrighted material.
c. Misrepresentation. Customer must not, in any way, misrepresent Customer's relationship with G2 Networking, attempt to pass itself off as G2 Networking, or claim that Customer is G2 Networking.
13.
CUSTOMER'S
PRIVACY
G2 Networking takes reasonable measures to protect 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, G2 Networking will not make available Customer's information
or data to any third party. Notwithstanding the foregoing, Customer agrees
that G2 Networking may disclose and share Customer's information or data with
G2 Networking's wholly owned subsidiary DomainPeople, Inc. Customer's information
or data collected will otherwise be used by G2 Networking for internal purposes
only, including, without limitation, uses related to G2 Networking Services,
improvements to G2 Networking Services, extending special offers to Customer,
and referral commissions. Customer understands, acknowledges, and agrees that
Customer's administrative contact information in relation to Customer's domain
name registration is public information and G2 Networking is not, and can
not, be obligated to safeguard such information and data from any third party.
14. YEAR 2000 (Y2K)
a. Best Efforts Basis. Customer understands and agrees that G2 Networking Services are based on STANDARD Internet technologies that have been designed to work in the year 2000 ("Y2K") and beyond on a "Best Efforts" basis (rather than "Contractual" basis).
b. No Contractual Warranties. Customer acknowledges that although G2 Networking takes the Y2K issue seriously and continues to evaluate its readiness, contractual warranties specific to Y2K readiness are NOT appropriate given the true nature of Y2K issues.
c. Limited Warranties. Customer acknowledges that a single technology provider cannot solve all issues related to the transition to the Y2K. Accordingly, the limited warranties for G2 Networking Services are set forth in the Terms and Conditions.
d. No Extension of Warranty. The information G2 Networking disseminates about Y2K readiness does NOT constitute an extension of any warranty for G2 Networking Services. G2 Networking provides this information to G2 Networking customers to help them evaluate and correct potential issues for using dates in the twenty-first (21st) century.
e. Survival. Customer agrees that this section 14 of the Terms and Conditions survives past the Y2K, and Customer agrees that G2 Networking will not be held liable for any issue related to the transition to the Y2K, whether before, during, or after the Y2K.
15. ASSIGNMENT AND AGENTS
a. Assignment. The rights and liabilities of both Customer and G2 Networking (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, Customer may not assign or delegate Customer's rights and obligations under any of Customer's business relationships (including, without limitation, any contract, agreement, or business arrangement) with G2 Networking, either in whole or in part, without the prior written consent of G2 Networking. G2 Networking 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 G2 Networking's assets, or any other corporate reorganization.
b. Bound as Principal. Customer agrees that 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 Customer.
16. MINIMUM AGE REQUIREMENT
a. Customer's Warranty. Customer warrants that Customer is at least 18 years of age.
b. 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 G2 Networking customer.
c. 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 G2 Networking Services.
d. 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 G2 Networking provides to such parent or guardian G2 Networking's express written consent to the contrary.
e. Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE TERMS AND CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18 (MINOR) WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL BE DEEMED NULL AND VOID AS BETWEEN G2 NETWORKING AND THE MINOR TO THE EXTENT THAT G2 NETWORKING WILL NOT BE HELD LIABLE IN ANY WAY AS A RESULT OF THE MINOR'S AGE OR LEGAL INCAPACITY.
17.
GOVERNING
LAW/SEVERABILITY
Any agreement, including, without limitation, the Terms and Conditions, arising
from the business relationship between G2 Networking and 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. Customer agrees
that any litigation or arbitration between Customer and G2 Networking will
take place in Ontario, and Customer consents to personal jurisdiction and
venue in Ontario. 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.
18.
MODIFICATION
Any waiver, modification, or amendment of any provision of the Terms and Conditions,
initiated by Customer, will be effective only if accepted in writing and signed
by G2 Networking.
19.
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; 2; 3(e); 3(f);
3(i); 3(j); 4; 5; 6; 8; 10(f); 11; 12; 14; 17, 18, 19, 20, and 21.
20.
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.