Potent Products Terms of Service
Effective 2006 June 01
Our motto "No Surprises" is what we also like to provide, regarding our policies and procedures for services we offer you. So before you agree to do business with us, we want you read and fully understand the following. This way there are no surprises!
Acknowledgment and Acceptance
PotentProducts.com ("Provider") shall provide electronic services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at PotentProducts.com.
This TOS shall be binding on both Provider and Client and shall include but not be restricted to, all services ("Service") provided at or by or through, PotentProducts.com. In this TOS, "we", "our" and "us" means Provider and "you", "they" or "their" means Client.
Provider reserves the right to change these TOS from time to time, at its sole discretion and without notice. It is the Client"s responsibility to be familiar with and to provide themselves with, a current copy of our TOS.
Provider reserves the right to refuse and/or terminate the Service, to any individual or organization for any; legal, moral or ethical reasons, or that is deemed by Provider to be unsuitable.
In consideration for using the Service, Client agrees to:
- Provide for their own method of access to the Service plus pay for any fees, including, but not limited to, telephone service(s) or other telecommunications service, associated with such access.
- Provide certain current, complete, and accurate information about the Client as requested by the Provider or approved Agent of Provider.
- Provide a specific eMail address for purposes of a backup Contact method. New Clients must provide the eMail address as provided to them from their ISP (Internet Service Provider).
- Maintain all information provided to Provider and their agents or third party representitives, to ensure correctness and accuracy at all times.
- At all times, maintain a level of common courtesy and respect when dealing with Provider. Abuse will not be tolerated in any communications between any personal of Provider, their agents, third-party representatives or other Clients of Service. Abusive language can include, but is not limited to; foul or vulgar language, threats, or stated intentions to do harm.
If any information provided by Client is; inaccurate, false, or fraudulent, Provider retains the right to terminate any and all of the Service provided to Client and rights to use the Service, with or without notice and with or without any refund, pro-rated or otherwise. Client agrees in this case, it is the prerogative of the Provider as to whether there will be any reimbursement for any unused portion of pre-paid fees for the Service.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures. We support the uncensored flow of information and ideas over the Internet and do not actively monitor Client activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, eMail transmission, Newsgroup, or other material created or accessible over or through the use of the Service, except for certain proprietary Web sites. However, in accordance with this TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. PotentProducts.com may cooperate with Legal Authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this TOS may result in the Suspension or immediate Termination of your use of the Service or other actions as detailed below without notice, based upon the nature of the violation.
These Expectations are for demonstration or example purposes, of what Provider constitutes as "good business" between themselves and Client. It does not include everything, but is a good basis to work from.
Client of Provider
- the Service will be maintained and provided on a regular basis
- due diligence for security will be made according to best practice of Provider
- Server and Control Panel software be kept reasonably uptodate
- when possible, an advance eMail warning or notice of disruption or potential disruption to the Service with reason why and, if required, a reasonable amount of time for Client to make any necessary changes or corrections
Provider of Client
- knowledge of or the ability to learn on their own, how to operate various software or Web pages such as; eMail, FTP, various features of the Control Panel, HTML & CSS Validators, or a Link checker
- basic knowledge for installing and maintaining scripts for their own use
- due diligence on a regular basis, if not daily, of checking and correcting errors created by Client Web pages, scripts or any other errors, created through Client's use of Service
- daily checking of a specific eMail address, to be provided within the "Welcome" eMail, for messages from Provider and acting upon them in a timely manner
Communication is always of utmost importance and without it, there can be no common ground. It is always to the benefit of each party involved, to use communication for resolving differences or making arrangements that are agreeable.
These Expectations do not absolve or indemnify, Provider or Client of specific terms and obligations mentioned elsewhere in this TOS.
While Provider shall make every reasonable effort to protect Client's data and files stored using the Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of all of their own Web pages, data and files, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client.
Provider does make backups on a regular basis for in-house use. These backups can be made available to Client with no Warranties of any kind.
Provider makes no Warranties, representations, or assurances that Client or anyone else's equipment will be compatible with the Service. Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on an "AS IS, AS AVAILABLE" basis. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied Warranties of merchantability, fitness for a particular purpose or use and non-infringement.
Provider makes no Warranty that the Service will meet Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may be obtained from the use of the Service or as to the accuracy of reliability of any information obtained.
Client understands and agrees that any data or files, downloaded or uploaded for storage through the use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of the Service.
No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create any Warranty not expressly made herein.
Provider makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.
The policy of Provider is to respect the privacy of its Client's, as well as the privacy of all those conducting business through use of the Service. However, unless expressly stated and identified, communications by and between Provider, Client, and third parties, cannot be considered completely private, and no Warranties about their privacy are thus made by Provider.
Client grants Provider the right to disclose to third-parties certain information about the Client and their use of the Service, in the aggregate; however, such disclosures will exclude Client's name, mailing address, eMail address, account and phone number, unless:
- Client directs Provider in writing or by eMail message, to disclose such information
- Provider is required to disclose such information by any applicable law or legal process served on Provider
- Provider deems it necessary to use third-party credit reference or collection agencies, security agencies, or any others, under a duty of confidentiality to us and any of our actual or proposed assignees or transferee's of our rights with respect to you, to use at Providers discretion.
Client acknowledges and agrees that Provider does not endorse the contents of any Client communications or use of the Service and specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
Client acknowledges and agrees that certain technical processing of communications and their content may be required to:
- communicate with Client's of Provider
- conform to connecting networks technical requirements
- conform to the limitations of the Service
- conform to other similar requirements
Provider may at times monitor the use of the Service by and between Client and Third parties and the Service itself. There may also be times when, for the benefit of the Service as a whole, Client related processes will need to be stopped and/or have alterations done to certain files of their's. Client agrees that Provider has their permission to perform these alterations when needed; at the discretion of Provider and without prior warning.
Use of the Service must be paid for in advance or when due.
Provider reserves the right to change prices at any time and prices are guaranteed for the term of pre-payment.
Client agrees they are responsible for keeping current with all monies owed for use of the Service, from the time the Service was established to the time that Client notifies Provider of intent to terminate the Service and Client has received an acknowledgement from Provider of said intent.
Any delinquency for use of the Service that is not brought current within three (3) Calendar days, inclusive, of eMail notice from Provider, is subject to Suspension of the Service. If the delinquency is not brought current within a further three (3) Calendar days, inclusive, the Service will be Terminated and any Agreements deemed to be terminated.
Provider reserves the right to Suspend or Terminate Client's use of the Service at anytime, for non-payment or payment delinquency.
The Hosting Service provides for a 30 Day Money Back Guarantee, inclusive from the first day of Service to the 30th day. The 30 Day Money Back Guarantee expires on the 31rst day with day one being the day when the order for the Service was placed.
If Client is not satisfied with the Service or for any reason they deem worthy and decides to invoke the 30 day refund policy, Client will receive a full refund of the Hosting amount, paid at the time of ordering the Service and minus any applicable setup fee(s). Hosting Service that has been pre-paid for longer than three (3) consecutive months, will receive a pro-rated refund equal to monthly pricing times number of months Service was not used, less any setup fees if applicable.
In all cases Provider must be notified three (3) Calendar days prior to the first day of the next billing month or billing period, whichever is applicable. Termination of Service by Client must be done, either in writing and submitted through the Postal service and addressed to the current Mailing Address of Provider or, by using eMail with the "FROM" address being the Client's main or backup contact eMail address on file with Provider, and stating the Domain name their account is currently hosted under. No other methods are acceptable and Client must respond to any contact made by Provider with regard to Termination.
Provider reserves the right to Terminate at any time, Client access to the Service when Provider decides the Service has been inappropriately used. If Provider institutes its right of Termination then all fees paid in advance of Termination will be pro-rated and returned to Client, according to terms set out elsewhere in these TOS. Return of any pre-paid amounts is contingent to the Client not having used the Service for Illegal Purposes and has not violated any of these TOS as stated in whole.
If it is discovered and proven to the satisfaction of Provider that Client use of the Service is for an Illegal or Abusive purpose, Client will be considered in violation of these TOS and the Service shall be immediately terminated. All fees and/or pre-paid amounts shall be deemed forfeited and non-refundable. Illegal purpose shall include but not be restricted to; all applicable Local, Provincial and Federal laws of Canada and International laws and regulations.
Notice of termination by Provider shall be sent to by eMail notice to the main contact eMail address on file with Provider. Under certain circumstances described within this TOS, Provider may terminate the Service with or without notice.
Provider shall not be liable to Client or any third party for termination of the Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.
Client understands and agrees, Provider reserves the right to conclude when they are in violation of this TOS, and may come to such a conclusion even if it is only based upon opinion or belief of Provider.
The Service will not be used for any of the following and are considered as a violation of these TOS:
- Web Sites having only an IP address
- Web Sites having a blank Index page (min 25 characters of viewable Content)
- Naming of any directory or file using other than English characters
- Use of foul language in any of; Domain name, directory, file, or Web page
- Sites related to or Web pages linking to; using money to Gamble or make Bets of any kind and/or instruction or methodology of such
- Illegal activities or materials, including but not limited to materials that may violate another's intellectual property rights
- Promoting or linking to; pornographic, sexually explicit, violent, lewd or obscene materials
- Anything that constitutes use of or promotion of, Spam or UCE
- Warez, Pirated or otherwise related to, illegal software for use or sale
- MP3s of others (any created and Copyrighted by Client is fine)
- Attempts to undermine or cause harm to other Client's of Provider
- Any other reason that is deemed by Provider to be unsuitable
These Scripts (any version) are not allowed without pre-approval:
- UBB [ http://www.infopop.com/ ]
- YaBB [ http://www.yabb.info/ ]
- Ikonboard [ http://www.ikonboard.com/ ]
- IRC / Proxy / Bit Torrent / Bots of any kind
- Matt Wright FormMail script - any version
- Chat Rooms other than provided through Provider
- Any Forum script using Perl coding for the database
Provider realizes that abuse of the Service can be done intentionally or unintentionally. In all cases, abuse of the Service will not be tolerated and will be stopped or corrected, with or without notice to Client. Client agrees that their use of the Service regarding any type, format or process, used by or through their use of the Service and that uses 7% or more of Server resources, per instance, for more than 30 continuous seconds, is subject to being shutdown.
Note: Approx. 99% of scripts use less than 3% of Server resources at any one time.
Abuse of the Service can also include Excessive Errors generated by Client Web pages, scripts or other use of the Service by Client. When possible, Client will receive notice of Excessive Errors from Provider and agrees to correct or remove, any such files creating the Excessive Errors within a maximum of 48 hrs. from time of notice, else, Provider has the option of resolving the Excessive Errors to best judgment of Provider. Notice shall be by eMail sent to a specific eMail address using the Domain name of the Client's Hosting account with Provider. Client has agreed elsewhere in these TOS to accept and read eMail sent to that address within 24 hrs.
Client agrees and maintains that Provider may or may not, charge a Maintenance fee when Client has not resolved said Excessive Errors within 48 hrs. of notice and Provider has to resolve said Excessive Errors. Client also agrees and maintains, Provider has the option to first correct Excessive Errors to best judgement of Provider, before notifying Client. In those cases, Provider will determine if Client has to pay any Maintenance fee.
Guidelines of Excessive Errors generated by any means.
- 7 per second
- 12 per minute
- 60 per day
Client will be able to verify the majority of Errors and Excessive Errors, by viewing their own Error Log as provided within the Control Panel.
Client using the Service for a personal or business Web site that is not deemed by Provider as a Reseller, is not allowed to advertise or provide, Services similar to Web Hosting services. If Client is not deemed as a Reseller by Provider, they can provide part of their Hosting service to whomever they choose, on a limited basis and at no cost. Any Agreement entered into by the Client and a third party is the responsibility of the Client, this also applies to those deemed as a Reseller by Provider.
Only by using one of the stated Reseller Hosting packages, as provided and explained at Provider Web site, can Client offer or provide, any Hosting related services through themselves and for payment. Client of Provider will have their own Client accounts and they shall be referred to as a Reseller sub-account.
At no time will Client, acting as Reseller, Advertise or give indication in any way that they can provide UNLIMITED anything when it comes to the Service. The only exception is the Support they offer to their Reseller sub-accounts and even then, 24/7 is the preferred wording to use. Client agrees to not use the words "UNLIMITED" and/or "UNMETERED" in any manner, when making reference or notice of the Service offered by or through themselves.
It is expected that when Client uses the Service for Reselling of Hosting Service, they are responsible to their Reseller sub-accounts for first contact of Tech Support and will at all times, conduct themselves in a Business like manner. When Provider has determined there is a problem with a Reseller sub-account, Provider will first work through the Client in determining and solving the problem(s). If Provider determines Client is not helping to correct the problem(s) created by their Reseller sub-account(s), Provider retains the right to treat Reseller sub-account(s) as any other Client of Provider and act accordingly.
It is also expected that when Client is acting as Reseller, they will actively monitor their sub-accounts and make sure they follow the TOS of Provider. Provider respects the right of the Reseller to add or amend their own TOS, to the Provider TOS. Any Client acting as Reseller may use the TOS of the Provider as a basis to start from, with regard to their own TOS.
Client agrees that when acting as Reseller of Provider Service and having their account Terminated for non-payment or violation of Provider TOS, as defined and stated elsewhere in this TOS, Client will allow Provider to contact their Reseller sub-accounts directly and for the sole purpose of providing continuation of current Service, uninterrupted.
When Client acting as Reseller of Provider Service chooses to Terminate their use of the Service and there is no violation of this TOS nor any payment owing, at time of Termination of the Service, Provider agrees to respect the Privacy of Client and their Reseller sub-accounts. No contact by Provider with Reseller sub-accounts will be initiated.
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims, actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity. Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.
This TOS shall be governed by and construed in accordance with the laws of Alberta, Canada. Client and Provider agree to submit any legal action involving any disputes of this TOS to the exclusive jurisdiction of the courts of Alberta, Canada. Venue shall be established in the City of Calgary.
If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties.
Provider's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Provider in writing.
Client is solely responsible for the contents of its transmissions and communications through the Service. Client's use of the Service is subject to all applicable Local, Provincial, Federal laws of Canada and International laws and regulations.
Client agrees that any and all use of the Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of the Service, unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of the Service.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, Tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of Agreement for Service and any reasonable Attorney's fee and Court costs.
This TOS constitutes the sole agreement between Provider and Client with respect to the subject matter hereof and shall be attached to any use of the Service. The parties hereby confirm that they each require that this TOS and all documents and notices in connection therewith be drawn up in the English language.