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If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety. The following is the entire service agreement between Netfirms Inc. (NETFIRMS™) and the personal or corporate account holder (YOU / YOUR). 1. Service - NETFIRMS™ will provide YOU with storage space on a NETFIRMS™ server for hosting a World Wide Web site (SITE) according to a selected plan at the site www.netfirms.com, in exchange for YOU paying the prescribed fee. If YOU subscribe to the NETFIRMS™ Basic Hosting Plan™, YOU also agree to be bound by the additional NETFIRMS™ Basic Hosting Plan™ terms of service. 2. Privacy Policy - NETFIRMS™ will not sell YOUR personal or financial information to any third parties. NETFIRMS™ will not give YOUR personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant. 3. Limitations:
5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.netfirms.com. 6. E-mail - e-mail service is subject to the following restrictions:
8. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect of your SITE, and upon receipt by NETFIRMS™ of a Court-issued copy of such proceeding, YOUR SITE will be temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defence in respect of such proceeding, and provided NETFIRMS™ with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will remain deactivated, without any compensation to YOU. 9. Domain name registration - second-level domain names registered through NETFIRMS™ by YOU are governed by the terms located here. 10. Refund Policy - the thirty-day Web hosting refund policy of NETFIRMS™ is subject to the terms located here. 11. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied. 12. Limitation of Liability - NETFIRMS™ is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the NETFIRMS™ server, or losses or damages arising from the use of the content or services provided by NETFIRMS™ or third parties in connection with NETFIRMS™. NETFIRMS™ is not responsible for any financial losses by YOU in association with YOUR SITE. 13. Indemnity - YOU agree to indemnify and hold NETFIRMS™ harmless from and against, and to reimburse NETFIRMS™ with respect to, any and all losses of every nature whatsoever incurred by NETFIRMS™ arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE. 14. Termination - both YOU and NETFIRMS™ have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. NETFIRMS™ may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm NETFIRMS™ servers or central processing units (CPUs), or engage in any conduct NETFIRMS™ deems in its sole discretion to be disruptive or harmful. 15. Assignability - this Agreement is assignable to a third party by NETFIRMS™ upon notice to YOU. Such notice will be published on the Web site www.netfirms.com. 16. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise NETFIRMS™ otherwise prior to said expiration. Renewal fees must be received by NETFIRMS™ within 15 (fifteen) days of said expiration, failing which YOUR SITE and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 90 (ninety) days of expiration, all SITE and e-mail content will be deleted and removed from NETFIRMS™ servers without any compensation or notice to YOU. NETFIRMS™ reserves the right to not automatically renew any service plan. 17. General - the following terms apply:
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