Nexus Internet Services Terms of Service
Nexus Internet Services
(hereafter "Nexus") provides the web hosting
to people all around the world. We have the responsibility to protect each client and provide them with
the best services available. The following guidelines were designed to insure these services for all
paying subscribers (hereafter "User").
All services provided by Nexus
may be used for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any law of Canada, it's Provinces and Municipalities, The United States,
it's States, and Cities, or of the User's
home country is prohibited. This includes, but is not limited to: copyrighted
material, material we judge to be threatening or obscene, or material protected by trade secret and other statue.
agrees to indemnify and hold harmless Nexus
from any claims resulting from the use of the
service which damages the subscriber or any other party.
Examples of non-acceptable content or links:
- Pornography, Adult content, or Sex related merchandizing, including any information which may infur sexual content;
- Links, to Pornography, Adult content, or Sex related merchandizing;
- Pirated software or information promoting such;
- Hacking or Phreaking programs or archives, including material which encourages hacking or phreaking;
- Warez Sites or archives
- Child Pornography or any such material which may be harmful to children by intent or action.
Nexus will be the sole arbiter as to what constitutes a violation of this provision. By accepting these terms,
User acknowledges and agrees that any such information can and will be turned over to legal authorities, with full contact
information of the user. In order to ensure these conditions of service are being met, all websites must be predominitaly
based in the English language.
Nexus is pleased to offer our clients unlimited traffic/hits, and server usage. To maintain the integrity of our service
the limitations by necessity apply to:
- Multiple hosts resolving at a ip or domain name we provide
- Sites with banners, graphics or cgi's running from their domain being used on other domains.
- Sites with immense graphic archives or galleries.
- Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
- Sites using more than 20% of system resources
If you do not qualify for unlimited, traffic will go unmonitored until you reach your account limit,
then normal data transfer costs of $1US/GigaByte will apply.
Nexus will be the sole arbiter as to what constitutes a violation of this provision.
We do not allow clients to install their own chat rooms. These tend to be large system hogs
and we cannot allow it as a account option.
Background running programs
We may allow programs to run continually in the background, these are considered on a one
to one basis and a extra charge will be incured based on system resources used and operational maintenance needed.
We do not allow Cron Jobs to be conducted on our servers without prior authorization.
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a user domain, or using an email address
that is maintained on a Nexus machine is STRICTLY prohibited. Nexus will be the sole arbiter
as to what constitutes a violation of this provision.
Any attempts to undermine or cause harm to a Nexus server or customer of Nexus is strictly prohibited.
Nexus will pursue legal action to the fullest extent for all abuse of the Nexus Network.
Any Sub-Networks of Nexus and dedicated servers must adhere to the above policies.
Nexus will be the sole arbiter as to what constitutes a violation of this provision. For general
reference, we consider spam any email that is sent to more than 5 people at a time that did not ask for it to be sent to them.
If any terms or conditions are failed to be followed it will result in grounds for account deactivation.
We reserve the right to remove any account without prior notice.
If we deactivate your account for violating policy, your will forfeit your rights to a refund...and none will be given.
Nexusdoes not refund for advanced payment under breach of contract situations.
Our normal policy is a warning first, and account deactivation the second offense.
AGREEMENT FOR NEXUS INTERNET SERVICES' SERVICES
THIS AGREEMENT FOR NEXUS INTERNET SERVICES (hereinafter referred to
as "Nexus") SERVICES (hereinafter referred to as the "Agreement") is made
and effective as of the date of acceptance, by and between you,
(hereinafter referred to as "Client") and Nexus Internet Services.
WHEREAS, Nexus owns, distributes and/or provides various products and
services that enable entities client to publish and maintain World Wide
Web pages. WHEREAS, client desires to utilize the Nexus services to
develop client's presence on the World Wide Web. NOW THEREFORE, in
consideration of the mutual promises set forth herein, the parties hereto
agree as follows:
- Nexus Services.
Nexus agrees to provide to client services as set forth in
Exhibit A (Nexus Hosting Services Description).
- Payment and Invoicing.
- In consideration of the performance of the Nexus Services,
Client shall pay Nexus monthly in advance the amount set
for in Exhibit A as such exhibit is amended from time to
time for the "Nexus Services" during the term of this
- Client shall receive a confirmation letter via e-mail
at the time Client contracts for the Nexus services, which
shall confirm the fees payable to Nexus. Thereafter, Client
shall receive a monthly billing statement for the upcoming
month, which shall indicate any changes in fees, which
shall become effective upon thirty (30 ) days' notice as
set forth in Section 2.4 herein.
- Client is responsible for all activities and charges
resulting from Client's use of the Nexus Services. Client
agrees to pay all fees, bandwidth charges, connect time
charges, surcharges, and other charges incurred by Client
and set forth in the monthly billing statement. Client
acknowledges that no refunds will be given by Nexus in the
event that Client's account is terminated by Nexus or Client
mid-term. In the event of a breach of security, Client will
remain liable for any unauthorized use of the Services
until Client notifies NEXUS by calling (1-886-265-4165 or by sending an e-mail with
account information to billingsnexus-iservices.com.
- Current rates for using the Nexus Service may be obtained
by reviewing the current charge listings posted on the Nexus website.
Nexus reserves the right to change fees, surcharges, monthly
membership fees or to institute new fees at any time upon thirty
(30) days' prior notice to customer. In addition, Nexus may institute
special trial offers, from time to time which shall be reflected
in the confirmation letter sent to Client upon sign up. If Nexus does
not receive the full amount of Client's Nexus service account balance
by the due date indicated on the invoice, an additional late payment charge
of 2% (or as will be set from time to time) or highest
amount allowed by law per month late charge will be added to Client's
bill and shall be due and payable. Client shall also be liable for all
attorney and collection fees arising from Nexus' efforts to collect
any unpaid balance of Client's account(s) then Nexus may terminate
Client's account immediately without further notice to Client.
- Responsibilities, Rights and Status of Nexus.
- Means of Performance.
Nexus shall provide Client with the Nexus hosting services, as set
forth on Exhibit A hereto. Nexus has the right to control and direct
the means, manner, and method by which the host services are performed.
Nexus shall perform the host services in a professional manner.
Nexus shall provide a reasonable level of technical support to Client
via telephone, or email, for the term of this Agreement. Should the
level of technical support to Client be above and beyond a reasonable
level, Client will be informed that continued involvement in the task
will be considered Consultative Services. Should client wish to
continue, further technical support on the issue is to be billed as
Consultative Services, as per the then current rate.
- Other Work.
Nexus has the right to perform and license products to others during
the term of this Agreement. Nexus may elect to electronically monitor
the host services and may disclose any content or records to satisfy
any law, regulation, or other governmental request or to properly
operate host services and protect its Clients. Nexus reserves the
right to block any site hosted by Nexus that contains any content
that it deems in its sole discretion to be unacceptable or undesirable.
- Responsibilities and Rights of Client.
- Client Liaison.
Client shall designate a contact person who shall act as a liaison
between Client and Nexus. Client certifies to Nexus that he/she is
not a minor. (A minor's parent or legal guardian may authorize a minor
to use his/her account(s) under supervision.) Client agrees to provide
Nexus with accurate, complete and updated information required by the
registration of the Nexus host service (Client Registration Data),
including Client's legal name, address, telephone number(s), and
applicable payment data (e.g., credit card number and expiration date).
Client agrees to notify Nexus within thirty (30) days of any changes
in Client Registration Data. Failure to comply fully with this provision
may result in immediate suspension or termination of your right to use
- Acceptance of Nexus Services.
Client shall have the right to evaluate the Nexus Services as set forth
in Exhibit A for a period of thirty (30) days after initiation of the
Nexus Services, at the charge, if any, set forth in Exhibit A or
elsewhere offered by Nexus and confirmed in the confirmation letter.
If Client determines that any Nexus Services do not reasonably satisfy
the standards provided herein, then Client shall promptly notify Nexus
of such deficiency. Nexus shall use commercially reasonable efforts
to cure such deficiency . In the event Nexus is unable to cure such
deficiency, Client's sole and exclusive remedy shall be the refund of
the amounts paid by Client under the Agreement, and the terminate this
- Fees and Expenses.
Client shall be responsible for payment of all costs, fees and expenses
assessed by third parties in the course of being provided Nexus Services.
Such costs include, but are not limited to, the fees required to register
and maintain domain names, which is governed by a separate agreement between
Client and the Registrar.
- Third-Party Software.
Third-Party software available through the Nexus Service may be governed
by separate end user licenses. By using the Nexus Services and the
third-party software, you agree to be bound by the terms of such end user
licenses regarding the applicable third-party software.
- Advertising, Solicitation, and Name Harvesting.
You may not use the Nexus Services to send unsolicited advertising,
promotional material, or other forms of solicitation to Nexus clientele
or netizens unless you receive the express permission of such individuals.
You may not use the Nexus Services to collect or "harvest" user-names of
Nexus clientele or neitzens without the expressed prior permission of the
member. Nexus reserves the right to block or filter mass email solicitations
sent from sites hosted on the Nexus network.
- Management of Site.
Client shall be solely responsible for all content available on or through
its site, and shall at all times be subject to the terms of this Agreement,
Nexus' then-standard Terms of Service and any generally applicable guidelines
and service standards published by Nexus. Client warrants that its site hosted
on the Nexus network (I) will conform to the Nexus TOS attached hereto as Exhibit B;
(II) will not infringe and will not contain any content that infringes on or
violates any copyright, Federal or International patent or any other third-party
right; and (III) will not contain any content which violates any applicable law,
rule or regulation. Nexus shall have no obligations with respect to the content
available on or through any site hosted on the Nexus network, including, but not
limited to, any duty to review or monitor any such content. Nexus reserves the
right to block any site that violates any of the above-stated terms, or which
in Nexus' sole discretion, Nexus deems objectionable or offensive, or otherwise
violates a law or Nexus policy, or, in the alternative, to terminate this
Agreement in accordance with Section 7.3 herein.
- Confidentiality and Proprietary Rights.
Both parties acknowledge that: (1) the other party is the owner of valuable trade
secrets, and other proprietary information and license same from others, (2) in
the performance of the Nexus Services, both parties shall receive or become
aware of such information as well as other confidential and proprietary
information concerning the other party's business affairs, finances, properties,
methods of operation and other data (hereinafter collectively referred to as
("Confidential Information"), and (3) unauthorized disclosure of any Confidential
Information would irreparably damage the owner or supplier of such Confidential
Both parties agree that, except as directed by the other party or as provided in
this paragraph, neither party will at any time during or after the term of this
Agreement and for a period of three(3) years after any such termination disclose
any Confidential Information to any person or entity, or permit any person or entity
to examine and/or make copies of any reports or any documents prepared by the other
party or that come into the party's possession or under the party's control that
relates to Confidential Information; and that upon termination of this Agreement,
both parties will turn over to the other party all documents, papers, and other
matter in such party's possession or under such party's control that contain or
relates to such Confidential Information. Both parties shall notify the other party,
prior to disclosure of the information to the other party, that it considers the
information to be confidential. Confidential Information shall not include information
that; (1) is already lawfully known to or independently developed by the receiving
party; (2) is in the public domain through no fault of the receiving party; (3)
is lawfully obtained from a third party without restrictions; or (4) is required
to be disclosed by law, regulation or governmental order.
- Injunctive Relief.
Both parties acknowledge that disclosure of any Confidential Information by the
other party will give rise to irreparable injury to the owner of such information,
inadequately compensable in damages. Accordingly, either party may seek and obtain
injunctive relief against the breach or threatened breach of the foregoing undertakings,
in addition to any other legal remedies which may be available.
- Proprietary Rights.
Unless otherwise specified, all work performed hereunder, is the property of Nexus
and all title and interest therein shall vest in Nexus; provided however, that
any content or materials supplied by Client shall remain the property of Client and
its suppliers. To the extent that title to any such works may not, by operation of law,
vest in Nexus, all rights, title and interest therein are hereby irrevocably assigned
to Nexus. All such materials shall belong exclusively to Nexus, and Nexus shall have
the right to obtain and to hold in its own name, copyrights, trademarks, registrations,
or such other protection as may be appropriate to the subject matter; and any extensions
and renewals thereof. Client agrees to give Nexus and any person designated by Nexus
such reasonable assistance, at Nexus's expense, as is required to perfect the rights
defined in this paragraph.
Client understands that except for information, products, or services clearly identified
as being supplied by Nexus, neither Nexus not any of its affiliates operates or controls
any information, products, or services on the Internet in any way and that, except for
such Nexus identified information, services or products, all merchandise, information,
and services offered or made available or accessible on the Internet generally are offered
or made available or accessible by third parties who are not affiliated with Nexus or its
affiliates. The terms and conditions for the use of WebStore 4.0(Shopping Cart) and any other
software/services provided by Nexus are governed by the terms of each product's end user
license. ALL SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH THE NEXUS SERVICES ARE PROVIDED
ON AN "AS IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEXUS DOES NOT MAKE
ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE NEXUS SERVICES;
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU UNDERSTAND
THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND
MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. NEXUS
HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY NEXUS, ITS EMPLOYEES, LICENSERS, OR THE LIKE, SHALL CREATE A WARRANTY;
NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL NEXUS OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE NEXUS
SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NEXUS SERVICES, NEXUS SOFTWARE
INCLUDING BUT NOT LIMITED TO reliance on any information obtained, or stored, on the Nexus
network; or that result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission, or any failure of performance,
whether or not limited to acts of god, communications failure, theft, destruction, or
unauthorized access to Nexus records, programs, or services. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental damages, IN
SUCH STATES, NEXUS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Each party will indemnify the other party from any and all third-party claims, demands,
liabilities, costs or expenses, including reasonable attorneys' fees resulting from the
indemnifying party's material breach of any duty, representation or warranty under this
Agreement, except those resulting from the gross negligence or knowing or willful misconduct
of the other party. Such indemnity shall be conditional upon (1) prompt notification to the
other party of any indemnifiable claim; (2) the indemnifying party's control of all settlement
and other negotiations; and (3) the indemnified party's full cooperation with respect to such
- Limitation of Liability.
Nexus shall not be liable to Client for more than the aggregate amounts paid to Nexus under
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF
REVENUE OR LOST PROFITS.
- Terms and Termination.
This Agreement will become effective on the date indicated in the introductory paragraph of this
Agreement, and will remain in effect for the term indicated in Exhibit A.
In the event of any material breach of this Agreement by either party, the other party may
terminate this Agreement, by giving ten (10) days prior notice thereof (in writing by fax,
mail or email); provided, however, that this Agreement shall not terminate at the end of
said ten (10) days notice period if the party in breach has cured the breach of which it
has been notified prior to the expiration of said ten (10) days.
- Willful Termination.
Either Client or Nexus may terminate this Agreement at any time for any or no reason upon
ten (10) days' written notice to the other party. Notwithstanding the foregoing, Nexus may
immediately block Client's site or immediately terminate Client's access to and use of the
Nexus Service and software; if at Nexus' sole discretion, it deems any information contained
in Client's site to violate Nexus' TOS or to be otherwise objectionable or offensive or to
violate the law, in accordance with Section 4.6 herein. Client's only right with respect to
any dissatisfaction with any terms, rules, policies, guidelines, or practices of Nexus in
operating the Nexus Service, any change in the content of the Nexus Service, or any change
in the amount or type of fees charged in connection with the Service, is to
terminate this Agreement by delivering notice to Nexus, effective the day Nexus receives
notification of termination or any future date specified which is acceptable to Nexus.
Nexus may terminate immediately any Client who misuses or fails to abide by this Agreement
or the Nexus TOS. Nexus may terminate without notice Client's access to and use of the Nexus
Service and Software upon a breach of this Agreement. If Nexus denies you access to the Nexus
Services, you shall have no right (1) to obtain any credit(s) otherwise due to you, and such
any third-party providers of services, merchandise, or information on the Internet through
Nexus, and Nexus shall have no responsibility to notify such third-party providers nor shall
Nexus have any responsibility for any damages that result from the lack of such notification.
- Surviving Sections.
The following paragraphs shall survive the termination of the Agreement: 5 ("Confidentiality
and Proprietary Rights"), 6 ("Warranties/Indemnity") and 8 ("General").
Neither party may assign this Agreement or any of its rights or obligations hereunder without
the prior written consent of the other party, and any such attempted assignment shall be void.
This Agreement shall be binding upon the parties' respective successors and permitted assigns.
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered
to the party receiving such communication at the address specified below(1) on the delivery date
if delivered personally to the party, or a representative of the party; (2) one business day after
deposit with a commercial overnight carrier, with written verification of receipt; (3) five
business days after the mailing date, whether or not received, if sent by US mail, return receipt
requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to Nexus:
Nexus Internet Services
301-420 Erb Street West
WATERLOO, ONTARIO CANADA
If to Client:
Name and address provided for account setup.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario, CANADA, except with regard to it's conflict of law rules.
No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder,
or any of their provisions shall be binding upon the parties hereto unless made in writing and
duly signed by both parties.
A failure of either party to exercise any right provided for herein shall not be deemed to be a
waiver of any right hereunder.
In the event any one or more of the provisions of the Agreement or any of any exhibit is invalid
or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
- Force Majeure.
Neither party hereto shall be liable for failure to perform any obligation under this Agreement
if such failure is caused by the occurrence of any contingency beyond the reasonable control of
such party, including without limitation, fire, flood, strike, and other industrial disturbance,
failure of transport, accident, war, riot, insurrection, power failure, system failure, failure of
the internet, computer hacking, program failure, act of God, order of governmental agency or other
such causes beyond the control of Nexus Internet Services.
Performance shall be resumed as soon as possible after cessation of such cause. However, if such
inability to perform continues for thirty (30) days, the other party may terminate this Agreement
without penalty and without further notice.
- Independent Contractors.
The parties to this Agreement are independent contractors. Neither party is an agent, representative,
or partner of the other party. Neither party shall have any right, power or authority to enter into
any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind,
the other party. This Agreement shall not be interpreted or construed to create an association,
agency, joint venture or partnership between the parties or to impose any liability attributable
to such a relationship upon either party.
- Entire Agreement.
This Agreement sets forth the entire agreement, and supersedes any and all prior agreements of the
parties with respect to the transactions set forth herein. Neither party shall be bound by, and each
party specifically objects to, any term, conditions or other provisions which is different from or in
which is proffered by the other party in any correspondence or other document, unless the party to be
bound thereby specifically agrees to such provision in writing.
General Terms of Service for Nexus Clients
- The Nexus Service, as operated by Nexus Internet Services.
Nexus, is a collection of various products and services that enable entities to publish and maintain
World Wide Web pages. The Nexus Service is available for a fee to any client who wishes to utilize the
service to develop their presence on the World Wide Web.
- CAREFULLY READ the terms of this agreement which governs your use of the Nexus Servers and related Software and
the Nexus Service. Nexus may modify this agreement at any time and in any manner. Any modification is
effective immediately upon either a facsimile, electronic mail, or conventional mail notice. Your
continued use of the Nexus Service following notice of any modification to this agreement shall be
conclusively deemed as acceptance of all such modification(s).
- Nexus grants to you a non-exclusive, non-transferable license to use and display the Nexus Service and
software on the web site which you desire to host on the Nexus service. The Nexus Service and software
are owned by Nexus Internet Services and their structure and organization constitute valuable trade
secrets of Nexus Internet Services.
- You understand that except for information, products or services clearly identified as being supplied by
Nexus, neither Nexus nor any of its affiliates operates or controls any information, products, or services
on the Internet in any way and that, except for such Nexus-identified information, services, or products,
all merchandise, information and services offered or made available or accessible on the Internet generally
are offered or made available or accessible by third parties who are not affiliated with Nexus or its
affiliates. YOU EXPRESSLY AGREE that use of the Nexus Service and Nexus software are at YOUR SOLE RISK
and YOU AGREE that any information, service, or product provided generally on the Internet is accessible
to you WITHOUT WARRANTIES OF ANY KIND BY Nexus AND ITS AFFILIATES, EITHER EXPRESSED OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, other than those warranties which are implied by
and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. YOU
UNDERSTAND that portions of the Internet contain MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE
OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. NEXUS HAS NO RESPONSIBILITY FOR
OR CONTROL OVER SUCH MATERIALS.
- The Nexus Service and the software are provided on an "AS IS" and "AS AVAILABLE" basis WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARATICULAR PURPOSE, other than those warranties which are
implied by and incapable of exclusion, restriction or modification under the laws applicable to this
agreement. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NEXUS, ITS REPRESENTATIVES, LICENSERS OR
THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NEXUS, OR ANYONE ELSE INVOLVED IN MONITORING,
ADMINISTERING, OR DISTRIBUTING THE SERVICE OR SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NEXUS
SERVICE OR SOFTWARE INCLUDING, BUT NOT LIMITED TO, reliance on any information obtained on the Nexus
Service; or that result from mistakes, omissions, interruptions, deletion of files, e-mail, errors,
defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not
limited to acts of god, communications failure, theft, destruction or unauthorized access of, or to,
Nexus records, programs or services. YOU HEREBY ACKNOWLEDGE that this PARAGRAPH 6 SHALL APPLY TO ALL
CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE NEXUS SERVICE. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES NEXUS
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Either Client or Nexus may terminate this Agreement at any time for any or no reason upon ten (10) days
notice to the other party. Notwithstanding the foregoing, Nexus may immediately block Client's site
or immediately terminate Client's access to and use of the Nexus Service and software, if, at Nexus's
sole discretion, it deems any information contained in Client's site to violate Nexus' TOS or to be
otherwise objectionable or offensive or to violate the law. Client's only right with respect to any
dissatisfaction with any terms, rules, policies, guidelines, or practices of Nexus in operating the
Nexus Service, any change in the content of the Nexus Service, or any change in the amount or type of
fees charged in connection with the Nexus Service, is to terminate this Agreement by delivering notice
to Nexus, effective the day Nexus receives notification of termination or any future date specified
which is acceptable to Nexus. Nexus may terminate immediately any Client who misuses or fails to abide
by this Agreement. Nexus may immediately terminate without notice Client's access to and use of the
Nexus Service Software upon a breach of this credit(s) otherwise due to you, and such credit(s) will
be forfeited, (a) to access through Nexus any materials stored on the Internet or (b) to access any
third-party providers of services, merchandise or information on the Internet through Nexus, and Nexus
shall have no responsibility to notify such third-party providers nor shall Nexus have any responsibility
for any damages that result from the lack of such notification.
- Upon request of Nexus, you agree to defend, indemnify, and hold harmless Nexus, its officers, directors,
employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees,
in connection with your use of the Nexus Service and the Internet.
- This Agreement shall be governed by the laws of the Province of Ontario, CANADA (excluding choice of
law rules). This Agreement constitutes the entire agreement between you and Nexus with respect to the
Nexus Service. Nexus' failure to enforce any provision hereof shall not be construed as a waiver of any
provision or right. In the event that a portion of this Agreement is held unenforceable,
the unenforceable portion shall be construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties and the remainder of the provisions shall remain in
full force and effect.
- Third-Party Software. Third-Party software available through the Nexus Service may be governed by separate
end user licenses. By using the Nexus Service and the third-party software, you agree to be bound by the
terms of such end user licenses regarding the applicable third-party software.
- Advertising, Solicitation and Name Harvesting. You may not use the Nexus Service to send unsolicited
advertising, promotional material, or other forms of solicitation to other Clients unless you receive
the expressed written permission of the Client. You may not use the Nexus Service to collect or "harvest"
screen names of other Clients without the expressed prior permission of the Client. Nexus reserves the
right to block or filter mass email solicitations on or through the Nexus Service.
- Internet Conduct. Generally, the Internet consists of the following areas available through Nexus; Email,
Newsgroups, Gopher, and WAIS FTP, and the World Wide Web. The Internet is not owned or operated by, or
in any way affiliated with Nexus or any of its affiliates; it is a separate, independent network of
computers and is not part of Nexus. Your use of the Internet is solely at your own risk. When using
the Internet and all of its components, Clients must conduct themselves responsibly according to the
Internet's own particular code of conduct. Participating successfully on the Internet is really a matter
of common sense. Although Nexus does not control the Internet, your conduct on the Internet when using
your Nexus account is subject to Nexus rules. Because Nexus wants to be a good Internet citizen, it
prohibits Clients from engaging in certain conduct on the Internet through or by means of Nexus including
the following: (1) Chain Letters. Chain letters are prohibited on Nexus and are inappropriate on the
Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site
may result in your Nexus Services site being terminated. (A) Commercial Communication. The vast
majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants
in such groups may object strongly to commercial postings, solicitations, or advertisements. (B) Other
Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics
and posts not related to these topics are not welcomed by the participants. We suggest that all Clients
become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in
which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e.
spamming or mail bombing) may result in suspension or termination of your Nexus account. (C) Copyright
and Proprietary Materials. You should be aware that much of the Content available on the Internet is
protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their
licensers who make such content available on the Internet. Clients use of such Content will be subject to
the specific restrictions place on such Content by the owners or licensors of the Rights in such Content
and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or
other material of any kind which is subject to rights of any person or entity without the express permission
of the right's holder is prohibited and will result in termination of your Nexus Service and possible
civil and /or criminal liability. (D) Offensive or Objectionable Material. Nexus reserves the right
to request you any material which Nexus deems offensive, hurtful, or otherwise objectionable. Failure
to do so may result in blocking your site or termination of the Agreement by Nexus Services. You
understand that except for content, products or services expressly available at Nexus' Web site, neither
Nexus nor any of its affiliates controls, provides operates, or is responsible for any content, goods, or
services available on the Internet. All such content, goods, and services are made accessible on the
Internet by independent third parties and are not part of Nexus or controlled by Nexus. Nexus neither
endorses nor is responsible for the accuracy or reliability of such content, goods, or services
available on the Internet, which are the sole responsibility of such independent third parties, and your
use thereof is solely at your own risk. Neither Nexus nor its affiliates shall be held responsible or
liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused by your use of
or reliance on any content, goods or services available on the Internet or your inability to access the
Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal
force even where Nexus features or displays a link with any particular Web site. You should be aware
that the Internet contains content, goods, and services that you may find obscene, improper, hurtful, or
otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing
the Internet. Nexus does not have the capability or right to monitor, or review, or restrict any content,
goods, or services made available by third parties on the Internet, nor to edit or remove any such
questionable content after posting on the Internet. In addition, you should be aware that the Internet
provides access to users who are not part of Nexus and whose conduct and communication may also be found
harmful or offensive to clients or which would otherwise breach the Nexus rules if they were subject to it.
Nexus and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable
for) any conduct, content, goods , and services available on or through the Internet (including without
limitation any part of the Web). Your use of the Internet is subject to all applicable local, state,
national, and international laws and regulations, Without limiting the other rights available to
Nexus under Nexus Rules, Nexus Internet Services retains the right but not the obligation, in its sole
discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet
and Nexus if your use of the Internet violates any such laws or regulations, any prohibitions upon your
conduct in connection with the Internet raised in this paragraph or otherwise restricts or inhibits any
other user from enjoying the Internet or Nexus.