You (the “Customer”) agree to accept and to abide by all terms and conditions set forth in this “Sentree Web Site Hosting Agreement”, as such Agreement now exists or as amended from time to time hereafter. Failure to honor all such terms and conditions shall be grounds for immediate termination of the service and removal of Customer’s web site from Sentree’s (the “Provider”) server. In addition, such breach shall subject Customer to such claims for damages and reimbursements as might be appropriate in the circumstances.
WHEREAS the parties intend by this Agreement to set forth the terms and conditions upon which the Provider will host Customer’s web site on its (the Provider’s) web server;
IN CONSIDERATION of the mutual promises and conditions set forth below, the parties do hereby covenant and agree as follows:
- The Provider agrees to host Customer’s web site on the Provider’s server, subject to and based upon the terms and conditions set forth in this Agreement.
- Customer’s web site will reside within its own domain and shall have a URL address based upon that domain, such as www.example.com. Said domain and URL shall be and remain the property of the Customer or other domain name granting authority (as the case may be), and Customer’s sole right with respect there to shall be to use the name for the duration and upon the terms and conditions stated in this Agreement.
- Provider’s responsibility with respect to Customer’s web site is strictly limited to the provision of storage capacity for web sites on Provider’s server.
- Customer is solely responsible for the content of his or her web site; provided, however, that Customer hereby agrees that Customer will not, directly or indirectly, by its web site send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.
- Customer will comply with all provincial, federal and local laws (including, but not limited to export/import laws and laws relating to obscenity, copyright, trade mark, trade secret, libel, slander and defamation). IT IS CUSTOMER’S SOLE RESPONSIBILITY TO BECOME FAMILIAR WITH AND TO COMPLY WITH ALL LAWS THAT MIGHT RELATE TO CUSTOMER’S WEB PAGE.
- Customer acknowledges and agrees that Provider will incur no liability for any claim, whether sounding in contract, tort, warranty, strict liability, product liability or any other theory of recovery (including negligence but excepting only intentional malfeasance) relating in any manner to Customer’s web page.
- Customer will indemnify and hold Provider harmless from and against all claims, damages, costs (including costs of defense) from any source or for any reason relating directly or indirectly to Customer’s web site.
- Customer hereby represents and warrants that he or she is eighteen years of age or older, and is under no disability that would render him or her unable to enter into, be fully bound by and fully perform in accordance with the provisions of this Agreement.