CLICNET GENERAL TERMS OF SERVICE WHEREAS the Client wishes to obtain from ClicNet the Services described below

Merchant terms of service

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CLICNET GENERAL TERMS OF SERVICE

WHEREAS the Client wishes to obtain from ClicNet the Services described below.
WHEREAS ClicNet agrees to grant the Client the non-exclusive use of its web page hosting Service.

NOW IT IS HEREBY AGREED:

1. Definitions
The following terms shall have the following meanings for the purposes of this AGREEMENT and for the purposes of the exhibits hereto, if any.

1.1 « Services » or « Service » means web pages and files broadcasting on the Internet offered by ClicNet, described in more detail here : www.pricing.clicshop.com.

1.2 « Use » means Client’s rights to use, on a non-exclusive basis, the Services.

1.3 « Site » means without limitation any file, database, transaction journal, software, program or any other like element used by the Client or is the result of the usage of the Service by the Client.

1.4 « User » means any person, other than the Client, accessing the Services using the access code of the Client.

2. Use

2.1 Under the express condition that the Client respects and conforms to all and any of the provisions of this AGREEMENT, ClicNet hereby grants Client the Use of the Services.

2.2 The Client shall only access the Services by using the code given to it by ClicNet.

3. PAYMENT

3.1 Client agrees that the Services shall be paid in advance.

3.2 Client agrees in advance that ClicNet has the right to cancel the Services without further notice in the event any payment is not made on time. Furthermore, in such a case the Client shall pay to ClicNet a reactivation fee of $10 before being authorised to resume Use of the Services.

3.3 Client agrees that all payments made to ClicNet are not refundable.

4. Client’s obligations

4.1 Client will use the Services offered by ClicNet in a matter consistent with all applicable local, provincial and federal laws and regulations.

4.2 Client undertakes to take all necessary action to prevent any exportation, importation or reproduction of any copyrighted software or database.

4.3 Client further undertakes to take all necessary action to prevent any exchange of copyrighted software of data.

4.4 Client undertakes at all times to use courteous and appropriate language when using the Services.

4.5 When using the Services Client undertakes not to use at any time a racist, discriminatory, threatening abusive, harassing, defamatory, obscene or hateful language in any file, message, text, link or any other kind of communication.

4.6 The Client shall pay an interest rate of 18% per year (1.5% per month) on any past due amount, including accrued interest.

5. Client’s responsibilities

5.1 Client is solely responsible for its access code and any usage of same by any person whatsoever.

5.2 Client shall not permit any third party to have access to the Services through the Client access code. If Client permits any third party to access the Services through its access code, ClicNet shall then have the right to terminate this AGREEMENT without notice.

5.3 The Client is solely responsible for any usage of the Services in violation of the terms and conditions of this AGREEMENT by any person whatsoever.

5.4 The Client is solely responsible for any damage caused by itself or any other person whatsoever using Client’s access code, including the interruption or any disruption of the services offered by ClicNet to any other party.

5.5 Client is solely responsible for Client’s files residing on ClicNet’s servers. Client is solely responsible for independent backup of data stored on ClicNet’s servers.

6. ClicNet’s responsibilities

6.1 ClicNet shall not be responsible for any Service interruption caused by any event not under the control of ClicNet such as power failure, telecommunication network failure or any other unforeseeable event.

6.2 ClicNet gives no warranty of any kind regarding the availability of the connection to the internet network as well as for the delivery of any packets .

6.3 ClicNet reserves the right to remove from Client’s Site, without notice, any file, database, transaction journal, software or any other element which causes excessive usage of ClicNet’s servers including without limitation, ClicNet’s central processing units, discs, software or any other similar element, if such element causes such excessive usage, as defined by ClicNet in its sole discretion.

6.4 ClicNet shall not be responsible for any damage, loss, alteration or deleting of any file, database, transaction journal, software, or like element used by the Client or resulting from the Client’s usage of the Services.

7. Termination

7.1 In the event Client sdoes not respect any of the provision of this AGREEMENT, ClicNet shall have the right to terminate this AGREEMENT by way of a written notice. In such a case, Client shall not be entitled to any reimbursement and any amount due to ClicNet shall then become immediately payable.

7.2 The parties hereby agree that in the event of the termination of this contract for any reason, ClicNet shall not be held responsible for any reason whatsoever of any damage direct or indirect.

8. GENERAL

8.1 ClicNet shall have the right to modify the terms and conditions of this AGREEMENT by way of a ten day written notice sent to the Client by mail or e-mail.

8.2 This AGREEMENT is made as of the date stated above or on the first date of usage of the access code, whichever comes first.

8.3 Client accepts the following conditions :

8.3.1 All programs and scripts installed in Client account shall not use more than 2% of system resources within a five (5) seconds period

8.3.2 All programs and scripts installed in Client account shall not interact with server hardware or configuration - Use of these types of programs and scripts will result automatically in termination of the Client account without notice or refund

8.3.3 All scripts of programs must use a reasonable part of system resources. Scripts or programs using too much RAM or CPU resources will be stopped and extra charges may apply

8.3.4 Use of any script or program which appears to harm or attack the system will result automatically in termination of the Client account without notice or refund, at the sole discretion of ClicNet

8.3.5 Should a client require a hosting plan downgrade, a 50$ service fee will apply. No service fee will be charged for hosting plan upgrades