Customer Responsibility – The Website Project and its content are subject to the approval of Mexxus. The Customer shall supply Mexxus, within a period of (30) days following the execution of this agreement, all the required information to be inserted in the Website Project deemed to consider it completed; including Content, Graphics and Data Base which the Customer warrants that it is authorized to publish and guarantees that it does not violate any law and that it holds all permits or licenses which may be necessary to publish on the Internet. If the Customer does not supply the above-mentioned information within the prescribed time frame, Mexxus reserves the right to charge the Customer all amounts due hereunder. Mexxus will not be held liable for any consequential losses, damages or claims therefore asserted by the Customer due to delays caused by the Customer or arising because of matters of force majeure or any other cause beyond its control.
The Customer also guarantees and warrants the truth of all factual assertions and implications there from in the Website Project inserted hereunder and that they are entitled to use any picture, graphic or illustration, or to insert a hypertext link(s) to any other website, or advertise the business profession, service, product, Trademark, or Trade name appearing or described in the said Website Project as well as holding all the rights to use the trademarks or commercial names included in the website and that this does not contravene any provision, law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property. The Customer agrees to indemnify and hold Mexxus harmless from and against any and all liabilities, damages, award, settlements, losses, claims and expenses, including attorney fees and costs of investigation due to (i) any claim by a third party relating to the Content, including infringement of any third party’s intellectual property rights; (ii) claims for misleading advertising related to Customer product warranties or performance; and (iii) any other actions of Customer which give rise to any other liability at law. Furthermore, for Content created by the Customer or one of its representatives, the Customer acknowledges that Mexxus shall not bear any liability with regards to the content, graphical norms or physical appearance of the Website Project.
The Customer furthermore authorises Mexxus to perform a full pre-credit investigation on his or her company.
Technical Decisions – All technical decisions regarding design and programming techniques, programming language, programming technologies, programming strategy, programming logic, programming flow, graphical design, font selection, database setup, database structure, database relationships, visual appearance (textbox, buttons, placements, etc) or any other technical decision designed to meet the Customer’s needs is the exclusive prerogative of Mexxus and Mexxus staff and not that of the Customer.
Terms of Payment – The Customer agrees to pay Mexxus for all charges plus applicable taxes on all invoices noted on the face of this Agreement and for all taxes which may be levied upon this service. If there is a dispute about the charges, the Customer shall notify Mexxus within 10 days of receiving the invoice. All amounts on all invoices are due prior to any work prescribed on each respective invoice. If an invoice is not completely paid by the Customer, Mexxus is not responsible to do any work prescribed on the invoice. If at any time, payments are in arrears for more than (30) days, Mexxus reserves the right to purge the Website Project from the Internet and discontinue all services without notice.
Travel Expenses – Travel expenses for necessary meetings and approved journeys undertaken by Mexxus and associates will be charged to the client at cost.
Late Charges – An interest rate of 2.25% per month applies to any amount remaining unpaid 1 month following receipt of all invoices listed on the face of this contract and all future invoices. If the past due account remains unpaid, and is determined by Mexxus to require further collection action, an administration fee of $150 will be added to the balance owing.
NSF Cheques – An administration fee of $25.00 is automatically charged to the Customer for NSF Cheques received from the Customer for all invoices listed on the face of this contract and all future invoices. The $25.00 administration fee is due upon receipt and is subject to Late Charges. If at any time, a cheque is returned to Mexxus NSF, Mexxus reserves the right to suspend the Customer’s website without notice by removing all pages from the internet and publishing generic pages in its place indicating the fact that the hosting contract is expired or temporarily suspended. The new wording and layout is at Mexxus’s sole discretion and may not be changed in any way by the Customer or via the Customer’s request
No Guarantee of Success – The Customer acknowledges that this Agreement provides no guarantee with regard to the success, derived benefits, response or of the number of visitors, display problems due to browser compatibility or browser configurations or any other computer compatibility or computer configuration issues to their Website Hosted by Mexxus or hosted elsewhere during the term of the Agreement or beyond the term of the Agreement. Mexxus does not guarantee website uptime and is not responsible for damages, or deletion of website files, databases, or any other website resources which may make the site partially or fully inoperable
No Guarantee of Deadlines – Mexxus cannot guarantee the delivery of any website project to the Customer’s satisfaction within any prescribed timeline. However all projects will be completed within a reasonable timeframe and will be deemed complete when Mexxus has completed all items on the relevant invoice according to Mexxus staff’s interpretation or upon launching the website on the internet.
Mockups – The process for the creation of visuals, such as graphics and page designs, consists of Mexxus providing mockups and asking for feedback from the Client; the feedback is then used to produce another draft. We estimate only 3 rounds of revisions are necessary per layout. Excessive revisions will incur additional cost. When all mockups submitted to the Client have been reviewed and approved by the Client, we have a significant project milestone called ‘Design Signoff’. At this stage all design work is frozen, and the approved mockups are handed over to the developers to have the web pages created. When the web pages have been coded only the content areas on the web pages will be able to change (areas on each page where the Client will supply final text and imagery). Any design changes requested to the mockups after Design Signoff has been granted by Client will be charged at $85/hour. Mexxus assumes that Client will provide input and approvals on content and design mockups within 3 business days of receiving materials to review. Client acknowledges that if this time frame is exceeded, the schedule will be adjusted accordingly.
Site Content – Client will provide all logo artwork, photography, sample content and other requested collateral in electronic format. Acceptable formats for content and images include, but are not limited to: Microsoft Word, Adobe Acrobat PDF, .gif, .jpg, .tiff, .psd, .eps. All text and images provided will be e-mailed to Mexxus in good condition and in a quality appropriate for the Internet. Any content or other information submitted to Mexxus is considered final information and any modifications made to that information are billable at $85/hour. If additional copywriting and/or editing is required, this service will be provided to Client on an hourly basis. Client is solely responsible for the editorial content of the material included on its website and is responsible to populate the text, photos, etc. into the Content Management System (CMS) – if provided. Mexxus will populate enough items in the system to test functionality. Any typing of text or scanning of images will be billable at $85/hour to the Client.
Delivery and Testing – All programming will meet the standards of the current version of Internet Explorer. The website once coding is complete will be made available to the Client on Mexxus’s internal servers for ‘User Acceptance Testing’ (UAT) for a period of 5 days in which all feedback, bugs and fixes must be reported to Mexxus to be fixed. At the end of this period the website must be put live. The Client can request Mexxus to put the website live before the end of this period if desired.
Termination, Cancellation & Deposits – Deposits are non refundable. Client acknowledges that Mexxus may terminate this agreement, and retain Customer’s non-refundable deposit if Customer fails to provide all materials required for the completion of the web site within 30 days of the contract date. Should Client fail to initiate the creation process by not responding to requests for information, or for the completion of the Client Survey document within thirty (30) days, Client’s account will be considered inactive and the Project will terminate. No refunds or credits will be given. If Client cancels the project after website has been coded and released for User Acceptance Testing (UAT): 100% of Project Total must be paid.
Warranty period – Any errors made by Mexxus reported within the UAT period prior to going live will be fixed free of charge. Any bugs or errors reported within 15 days after the website goes live on the Internet will be fixed without any fee. Any bugs or errors reported after the website has been live on the Internet for 15 days will be billed on an hourly basis at $85/hour.
Governing law, jurisdiction and venue – This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the Province of Quebec, Canada and any action or proceeding arising out of or related to this Agreement shall be brought only in the courts of such jurisdiction. The parties hereby consent to such jurisdiction and venue
Ownership of Intellectual Property – The website is and will remain the intellectual property of Mexxus until it is paid IN FULL by the Customer. After FULL payment of this project, the Intellectual property is automatically transferred to the Customer. Any attempt to leach, copy, or take code from Mexxus prior to FULL payment will be considered theft contrary to sections 322-380 of the CRIMINAL CODE OF CANADA
File Transfer Fee – The Customer may exercise the option of acquiring a copy of the Master Photoshop Graphics or Website and all its contents on his or her personal media for $250.
Indemnity – Mexxus is not liable for damages caused by security loopholes such as usernames and passwords, malicious software, hacking, denial of service attacks, or any other malicious attacks. Mexxus is not liable for third party theft of intellectual property or sensitive information such as credit card information or any resulting damages. Any work required to repair damages, or security loopholes is not the responsibility of Mexxus. Mexxus is not liable for damages resulting from spelling mistakes, poor grammar, sentence structure, paragraph structure, legibility, literary logic, or any other issue arising from the way content is written or displayed. Mexxus is not liable for damages caused by offensive images, poor quality images, lack of images, excessive images, or any other issue arising from image-related problems.
Acceptable usage policy
This AUP governs the use of Mexxus’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and My Company regarding the interpretation of this AUP, Mexxus’s interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire Acceptable User Policy (‘AUP’) agreement between Mexxus and the personal or corporate account holder. Mexxus provides World Wide Web Hosting, web design and script installation. Mexxus has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Mexxus’s general policy is to act as a provider of Internet presence. Mexxus reserves the rights to suspend or cancel a customer’s access to any or all services provided by Mexxus when we decide that the account has been inappropriately used.
What is Appropriate Usage?
Mexxus is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Mexxus is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. Mexxus uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.
Mexxus Customers may not initiate the following (below), if any customer does Mexxus may terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.
a) Use 25% or more of system CPU resources for longer then 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
f) Run any file sharing, bit torrent or other P2P network services, client or server software.
g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc
In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example our Business Plan comes with 150GB bandwidth which is a huge amount, all of this 150GB can be used. Bandwidth is also reset every month.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. Mexxus can increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
You may have noticed some of our accounts come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains etc as you want as long as it’s within your disk space limit.
You may not publish or transmit via Mexxus’s service any content that Mexxus reasonably believes:
a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person’s privacy;
f) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person’s trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to My Company;
l) is otherwise malicious, fraudulent, or may result in retaliation against My Company by offended viewers;
Mexxus does not accept material such as:
a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
b )Content ‘published or transmitted’ via My Company’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Mexxus.
* Mexxus can terminate service for any of the above reasons and it’s at Mexxus’s sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Comercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on Mexxus’s servers, we do however allow a maximum of 200 emails per hour per account. For any emails sent from your Mexxus account you must adhere to the following rules:
- a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner.
d) You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Mexxus service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your My Company service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Mexxus’s services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) you are otherwise permitted by established United States copyright law to copy the work in that manner.
Mexxus will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Mexxus network.
Mexxus is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Mexxus network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
- a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Mexxus and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the Mexxus network.
g) Use of Mexxus’s network in a way that unreasonably interferes with Mexxus’s other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.