CGI Pro Data Storage Services
CGI Service Policy
Please read the following carefully.
The following is the CGI Pro Service Policy (the "Policy"). The Policy defines the terms and conditions that the Client ("Client") agrees to when registering and subscribing for Services with CGI Pro. Please read these terms and conditions carefully before using CGI Pro Services. BY CONTINUING TO USE THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE POLICY, AND ALL RELATED POLICIES AND GUIDELINES OF CGI PRO, IF ANY, AS INDICATED IN THIS POLICY ARE INCORPORATED BY REFERENCE.
CGI Pro reserves the exclusive right to revise, change or amend any portion of the Policy, or any other policies or guidelines governing the Services, at any time, in its sole discretion and without advance notice to Client. Client agrees to comply with all policies regarding permitted and prohibited uses of the Services that may be posted by CGI Pro on the CGI Pro website (the "Site"). Any changes will be effective upon posting of the revisions on the Site. Client use of the Services will be subject to the most current version of the Policy posted on the Site at the time of such use. CONTINUED CLIENT USE OF THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE CLIENT ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE POLICY, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
At the sole discretion of CGI Pro, a Client in violation of the Policy may have the Services cancelled without refund and/or, if appropriate, be subject to a civil action and/or criminal prosecution.
The provisions contained in this Policy are intended to be guidelines for The Client as it relates to acceptable behavior and conduct in connection with Client use of the Services. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates any laws, regulations, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. CGI Pro reserves the exclusive right, at any and all times, to prohibit any of Client activities, in connection with Client use of the Services, that in any way damage the commercial reputation and goodwill of CGI Pro.
Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.
2. SYSTEM AND NETWORK SECURITY
In connection with Client use of the Services, The Client is strictly prohibited from engaging in the following activities:
a. tampering with accounts of other users, or committing unauthorized intrusions into any part of the CGI Pro system or related systems;
b. using servers, files, accounts, or networks to intrude, without authorization, into any other system or systems;
c. using accounts not provided or intended for use by The Client or circumventing security provisions in order to access Services without incurring Charges;
d. using the CGI Pro system in a manner that unfairly, as determined in the sole and absolute discretion of CGI Pro, encumbers disk space, processors, network or other system resources beyond those provided to The Client as part of the Services purchased;
e. making deliberate attempts to interfere with or overload any other service or attempt to disable a host;
f. any network-based attack on local and/or foreign networks, hosts, servers, or any systems or applications, including without limitation, overloading, engaging in "denial of service" attacks, "crashing" or "mail-bombing", in which case CGI Pro will promptly notify the appropriate law enforcement authorities of such violation(s); and
g. utilizing the Services in any other manner so as to interrupt or interfere with the access to and/or usage of the Internet by another party.
In connection with Client use of the services, The Client is strictly prohibited from engaging in the following activities:
a. sending commercial e-mail to a recipient if such recipient has requested that The Client discontinue such communication;
b. transmitting e-mail, to non-consenting recipients, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any e-mail that encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law;
c. knowingly transmitting e-mail that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any computer software or hardware;
d. forging e-mail header information in any way;
e. using Client account with CGI Pro or access to a network connection by using the CGI Pro Services to collect e-mail replies of messages sent from any other Internet service provider that is in violation of this Policy or those of the originating service provider;
g. using another site's mail server to relay Client e-mail without the expression permission of that other site; and
h. using the SMTP gateway provided by CGI Pro for any purpose that is deemed, in the sole and absolute discretion of CGI Pro, to constitute resource abuse.
CGI Pro reserves the sole right to block, without notice to The Client, any e-mail messages to The Client that, in CGI Pro's sole and absolute discretion, are considered Spam.
In connection with the use of the Services, The Client agree to the following:
a. paying, as applicable, any and all relevant Charges relating, but not limited, to:
i. hosting subscription fees;
ii. domain registration and/or renewal fees;
iii. additional disk space;
iv. additional bandwidth;
v. additional e-mail accounts;
The Client agrees to the Charges, as they may be amended from time to time. Notice to The Client of any such amendments shall be made by CGI Pro updating the Site or sending notification thereof by e-mail or regular mail. By agreeing to this Policy, The Client authorize CGI Pro to charge any amounts payable by The Client, in connection with Client use of the Services, automatically to the credit card The Client provided in the registration process or such credit card number that The Client provide thereafter, regardless of the status of Client account with CGI Pro and subject only to the terms and conditions of the agreement between The Client and Client credit card issuer. Client right to use the Services is subject to any limits established by Client credit card issuer.
b. All prices on the CGI Pro website are listed in U.S. Dollars ($). CGI Pro reserves the right to charge The Client in any currency, at the U.S. Dollar equivalent at the time of billing. An administration fee of USD$25 will be applicable for any NSF check, and a fee equivalent to 5% of all credit card chargebacks, will be levied for any and all such chargebacks.
c. If applicable, CGI Pro will automatically renew all domain names, associated with hosting Client account, that were registered by or transferred to CGI Pro. A reminder notice will be sent to Client e-mail address on record, prior to the expiry of such domain name(s). The Client is provided with the opportunity to decline the renewal by following the appropriate instructions attached to the e-mail from CGI Pro. Any failure to decline this renewal request is deemed sufficient authorization from The Client for CGI Pro to renew the relevant domain name(s) for a period of one (1) year at the current rates, as further detailed in the renewal notice.
a. ALL SERVICES PROVIDED BY CGI PRO, IS PROVIDED TO THE CLIENT "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
b. CGI PRO MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) THE SERVICES WILL MEET CLIENT REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
c. CGI PRO IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM CLIENT USE OF ANY SERVICES PROVIDED BY CGI PRO OR CLIENT INABILITY TO USE ANY SERVICES FOR ANY REASON. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICES BY CGI PRO OR ITS PROVIDERS THAT EXCEED THE FEES PAID BY THE CLIENT.
7. LIMITATION OF LIABILITY
a. THE CLIENT EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CGI PRO, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS BE LIABLE TO THE CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CGI PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, THE SITE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY THE CLIENT OF THE SERVICES OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE, THE SITE OR THE CONTENT.
b. THE CLIENT SPECIFICALLY ACKNOWLEDGES THAT CGI PRO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE CLIENT. FURTHER, CGI PRO SHALL HAVE NO LIABILITY TO THE CLIENT FOR ANY CONTENT DOWNLOADED FROM THE SERVICE. THE CLIENT AGREES THAT THE AGGREGATE LIABILITY OF CGI PRO, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS TO THE CLIENT FOR ANY AND ALL CLAIMS UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING FROM THIS POLICY OR FROM THE USE OF THE SITE, THE CONTENT, OR THE SERVICES IS LIMITED TO $50.
The Client agree to abide by the following general provisions:
a. All hosting services provided to The Client by CGI Pro may only be used for lawful purposes. Transmission, distribution or storage of any Content in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trade-mark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Further examples of non-acceptable Content or links, include without limitation: "pirated software", "hacker programs or archives" , "warez Sites", "IRC Bots" and "MP3" files.
b. CGI Pro reserves the right, in its sole discretion, to deactivate Client account(s) upon an indication of credit problems, including delinquent payments, and if portions of this Policy are, in the sole and absolute discretion of CGI Pro, being violated in any way. Any amounts owed in arrears will be made due and payable immediately. Client will be held responsible for keeping all billing data for CGI Productions accurate and up-to-date. Any misrepresentation made by Client in respect of any data and/or information supplied by Client during the registration process will be grounds for CGI Productions to terminate Client account.
c. CGI Pro has no obligation to monitor content or Client use of Our network. However The Client agrees that CGI Pro has the right to monitor and investigate content and Client use of the network electronically from time to time and to disclose any information as necessary to:
i. satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against the Client;
ii. operate the Services properly;
iv. protect CGI Pro or CGI Pro subscribers.
d. CGI Pro reserves the right, in its sole and absolute discretion, to decide the content that is displayed on any and all domain parking pages that are hosted by CGI Pro. A domain name is considered parked if CGI Pro has registered or manages a domain name on behalf of The Client, but The Client have not purchased or subscribed for any accompanying Services that are connected to that domain name, including, but not limited to domain forwarding, email hosting, file hosting, and shared web hosting. The Client hereby consent to Us displaying any type of domain parking pages, without Client prior consent, that We deem to be appropriate including, but not limited to domain parking pages which may advertise other Services provided by CGI Pro or any wholly-owned and/or affiliated brands.
e. The Client is solely responsible for backing up Client Content and or any of Client files that reside on CGI Pro's managed and/or owned servers. CGI Pro is not responsible in any way for the Content The Client hosts on CGI Pro servers, or for the reliability of the transmission of data across or through the CGI Pro network.
f. The Client agree that any material or Content that The Client submit for publication on CGI Pro managed and/or owned servers will not contain anything leading to an abusive or unethical use of the hosting Service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. The Client agrees to indemnify and hold harmless CGI Pro, its associated brands, including but not limited to im-host.com, 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), incurred by any of the foregoing parties due to or resulting from Client publication of such materials or Client use of such materials. CGI Pro, at its sole and absolute discretion, may or may not give notice to The Client before deactivating the use of any of Client account(s) that are determined to violate this Policy in any way.
g. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. CGI Pro is not liable for protection or privacy of Client e-mail or Client other information transferred through the Internet or any other network CGI Pro or its Clients may utilize.
h. CGI Pro maintains exclusive control and ownership of any and all Internet Protocol numbers and addresses that may be assigned to The Client and reserves in its sole and absolute discretion the right to change or remove any and all such Internet Protocol numbers and addresses.
i. Client use of any Content obtained via the Site is at Client own risk. CGI Pro specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
j. Client use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
k. If CGI Pro cancels Client account(s) for any reason, The Client agree not to reregister with CGI Pro without CGI Pro's prior written consent. In the event The Client reregisters without CGI Pro's prior written consent, CGI Pro will cancel Client account(s) and all dues and fees paid to date will be forfeited regardless of whether Services have been rendered. Additionally, any amounts owed in arrears will be made due and payable immediately.
l. CGI Pro requires that The Client be qualified to enter a legal contract. CGI Pro cannot accept payments from persons who are not at least eighteen (18) years of age. The Client will be held responsible for keeping all billing data for CGI Pro accurate and up-to-date. Any misrepresentation made by The Client in respect of any data and/or information supplied by The Client during the registration process will be grounds for CGI Pro to terminate Client account.
m. The Client agree to defend, hold harmless, and expeditiously indemnify CGI Pro from any and all liability, Claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable legal fees) arising out of Client breach or violation of any covenant contained in this Policy, or resulting from Client use of the Services.
n. The Client agree to waive and hold CGI Pro harmless from any Claims relating to any action taken by CGI Pro as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, The Client cannot sue or recover any damages whatsoever from CGI Pro as a result of CGI Pro's decision to remove material from its server, or to suspend or terminate Client account.
o. The web server is physically located in Vancouver Washington, and The Client may only access the server by means of the Internet.
p. CGI Pro reserves the sole and exclusive right to cancel Client account with CGI Pro, based on, but not limited to, The Client engaging in activities that:
i. encumber the CPU;
ii. require resource intensive processes, including the usage of resource intensive software applications or server-side scripts;
iii. require significant bandwidth; and/or
iv. require significant disk space.
q. CGI Pro may terminate any of Client account(s) immediately by giving notice in writing, in the event that The Client presents an abnormal risk of loss (including without limitation, incurring a significant amount of billable Charges for which The Client have not been credit approved), as determined by CGI Pro in its sole and absolute discretion.
r. CGI Pro has a strong corporate Policy to respect and protect the privacy of its Clients and their information that is stored on CGI Pro's servers. CGI Pro will only access and disclose information as necessary to comply with applicable laws and government requests, to provide CGI Pro Services, to operate or maintain its systems or to protect itself or its Clients.
9. POLICY ENFORCEMENT
CGI Pro does not routinely monitor Client activity for violation of this Policy. However, in effort to promote good citizenship within the Internet community, we will respond appropriately once becoming aware of inappropriate use of CGI Pro Services. Although CGI Pro has no obligation to monitor the Services and/or the network, CGI Pro, its affiliates, suppliers and agents reserve the right to monitor and investigate usage and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and subscribers.
When CGI Pro becomes aware of any alleged violation of this Policy, CGI Pro will immediately initiate an investigation. CGI Pro, may at its own discretion anytime during an investigation, restrict Client access to the Services in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, CGI Pro may, at its sole discretion, restrict, suspend, or terminate Client account and/or pursue other legal remedies. If such violation is a criminal offense, CGI Pro will promptly notify the appropriate law enforcement officials of such violation. The Client hereby authorize CGI Pro, its affiliates, suppliers and agents to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include CGI Pro providing the username, IP address or other identifying information about a subscriber.
Notwithstanding any of the above, CGI Pro reserves the right, in its sole and absolute discretion, to terminate Client access to any Services, at any time. Any fees that have been paid in advance of cancellation will be pro-rated and refunded to The Client if cancellation is initiated without cause by CGI Pro. If cancellation of Services is a result of a violation of this Policy that causes CGI Pro to incur any additional costs (i.e. network traffic, disk space, licensing charges, etc), The Client acknowledges Client responsibility to reimburse CGI Pro from fees paid in advance and/or future billing. Upon termination of the Services, CGI Pro is authorized to immediately delete any files, programs and data associated with Client account.
10. COPYRIGHT INFRINGEMENT
a. Should CGI Pro become aware of any material posted by The Client that could be infringing on a third party's copyright, CGI Pro will immediately initiate an investigation. If a claim is received by CGI Pro from a third party complainant with the applicable copyright or trademark registration number, a copy of the underlying copyrighted work along with Client materials and/or a good faith declaration, signed under penalty of perjury, that (i) the material is the property of the complainant; or (ii) the work has been copied and that use of the material is not defensible, CGI Pro, at its sole discretion, may, at anytime, restrict Client access to the challenged material.
b. CGI Pro will notify The Client of the copyright infringement allegation and will allow The Client to respond to the allegation(s)
c. CGI Pro shall have no liability, directly or indirectly, to third parties for any of Client infringing materials. The Client agrees to indemnify and hold harmless CGI Pro, its associated brands, 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), incurred by any of the foregoing parties due to or resulting or associated with processing valid infringement allegations and defending any and all legal claims associated therewith.
a. All Services may be used for lawful purposes only. Client transmission, storage, or presentation of any Content in violation of any and all applicable federal, provincial and municipal laws is prohibited. This includes, but is not limited to: copyrighted material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute. The Client agree to indemnify and hold CGI Pro, 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 Client or any other party.
b. Pornography and sex-related merchandising are prohibited on all CGI Pro servers. This includes the hosting of sites that may infer sexual content or any links to adult content elsewhere. The foregoing applies equally to sites that promote any illegal activity or content and that may be damaging to Our servers or any other server on the Internet. Links to such materials are also prohibited.
The following are examples of non-acceptable content or links:
i. Pirated software;
ii. Hackers' programs or archives;
iii. Warez Sites;
iv. IRC Bots;
v. MP3 files;
vi. Spyware or any related software that records an user's activities without their permission and forwards that information via the Internet; and
vii. SPAM software (i.e., any software that allows a user to transmit SPAM in violation of Our SPAM Policy (please refer to Section 3 above)).
CGI Pro will be the sole arbiter as to what constitutes a violation of this provision.
12. REPORTING ABUSE OF THIS POLICY
Any party seeking to report any violations of this Policy may send an e-mail to: info@CGI Pro
13. APPLICABLE LAW
The Client agree that all matters relating to the use of the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the State of Washington and the federal laws of the United States applicable therein without giving effect to any principles of conflicts of laws. The Client also agrees that any action at law or in equity arising out of or relating to this Policy or Client use of the Site, the Services or the Content will be filed only in a court located in Clark County, Washington and The Client hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.
14. ENTIRE AGREEMENT
This Policy constitutes the entire agreement between The Client and CGI Pro relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and this Policy may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
15. NO AGENCY; THIRD-PARTY BENEFICIARY
CGI Pro is not Client agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from this Policy is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Policy. This Policy and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of CGI Pro and The Client.
The Client may not assign, convey, subcontract or delegate any of Client rights, duties or obligations hereunder.
If any provision of the Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Policy remain in full force and effect.
The Client agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Services or the Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. NO WAIVER
CGI Pro will not be considered to have waived any of its rights or remedies described in this POLICY unless the waiver is in writing and signed by CGI Pro. No delay or omission by CGI Pro in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. CGI Pro's failure to enforce the strict performance of any provision of the terms and conditions herein will not constitute a waiver of CGI Pro's right to subsequently enforce such provision or any other provisions of the Policy.
The headings used in this Policy are included for convenience only and have no legal or contractual effect.