|
|
|
|
||||||
|
|
||||||||
![]() |
||||||||
|
|
|
|||||||
Terms of Use Policy The Terms of Service on this page are the terms and conditions under which you may use the site GuildScribe.com and services offered to you by GuildScribe. ("We ","Us", “GuildScribe”) and its Network partners. Any use of the GuildScribe site or the sites of our Network partners or related services indicates your acceptance to be bound by these terms. By agreeing to use our services, you are agreeing to comply with our policies and are expected to use the Internet with respect, common sense, and responsibility, giving regard to the rights of other users. GuildScribe will supply the Account Holder with service plan and features chosen by that Account Holder. GuildScribe will submit forms to acquire Domain Name. The Account Holder will be responsible for any costs of domain name. GuildScribe will not be responsible for any loss; damage, claim or expense related to, in any way, domain registration. TERM, DE-ACTIVATION, AND TERMINATION Term of this agreement is equal to the term agreed to upon order signup: minimum of three month period following account activation and including each subsequent period of paid service thereafter. Account Holder’s account will be deactivated if any payment is past due beyond or within any duration as is seen unfit by GuildScribe. GuildScribe may terminate this agreement and services for the Account Holder if that Account Holder’s account has been overdue in payment. GuildScribe may suspend an Account Holder’s access and/or services if that account becomes past due for any period of time. GuildScribe may terminate this agreement and services for any Account Holder IMMEDIATELY and WITHOUT NOTICE and/or REFUND if the Account Holder breaks or violates ANY part of the GuildScribe Acceptable Use Policy, this agreement, Ontario Provincial laws, federal laws of Canada. Violation of GuildScribe’s acceptable use policy is in sole judgment of GuildScribe. CLIENT PRIVACY GuildScribe will not sell or willingly disclose customer lists or e-mail addresses. GuildScribe can not guarantee such information will not be found. GuildScribe reserves the right to place "filters" and other utilities to reduce SPAM to the network. GuildScribe will disclose any information requested by Ontario Provincial or Canadian Federal authorities. APPLICABLE LAW, JURISDICTIONAL MATTERS This agreement takes effect when accepted by GuildScribe. The interpretation and enforcement of this Agreement shall be governed according the laws of the province of Ontario (excluding its choice of law rules) and the federal laws of Canada applicable therein. The federal and provincial courts of the Province of Ontario shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Account Holders hereby expressly consent to the jurisdiction of the courts of Ontario, Canada. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Ontario, Canada for any action arising out of or relating to the Account Holder's use of the GuildScribe’s services. The federal and provincial courts of Ontario, Canada will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. GuildScribe reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of GuildScribe’s then current Acceptable Use Policy, in the sole and absolute opinion of GuildScribe. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless GuildScribe from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by GuildScribe related to or in connection with the content of the Account Holder's website. The terms of this section will survive any termination of this Agreement. In the event of any partnership break-up, divorce or other legal problem that includes the Account Holder, the Account Holder understands that GuildScribe will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will GuildScribe be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless GuildScribe from any and all claims arising from such ownership disputes. The terms of this section will survive any termination of this Agreement. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. GuildScribe has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current GuildScribe Acceptable Use Policy. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by GuildScribe; GuildScribe may terminate the services being provided to the Account Holder. GuildScribe’s failure to enforce any provision of this Agreement 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 will 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 will remain in full force and effect. The terms of this Section will survive any termination of this Agreement. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR ANY OF OUR NETWORK PARTNERS BE LIABLE FOR ANY LOST PROFITS, LOST WAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, GuildScribe'S SITE OR SERVICES OR FROM THE DOWN TIME OF THE WEB SERVERS BELONGING TO CEPHREN COMMUNICATIONS, EMAIL SERVERS, PRIMARY AND SECONDARY DNS (DOMAIN NAME SERVERS) DUE TO TECHNICAL DIFFICULTIES OR DUE TO HIGH NETWORK TRAFFIC. GuildScribe WILL NOT BE HELD LIABLE FOR ANY THRID PARTY OR ITS CLIENT'S LOSS OF INCOME DUE TO A DOWN SERVER. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY SITE OR ANY USER OR CLIENT OF GuildScribe. WE ARE NOT RESPONSIBLE FOR THE USE OF, OR THE FAILURE TO MAINTAIN CONFIDENTIALITY OF, THE CONTENT BY ANYONE OTHER THAN US. Indemnification You agree to indemnify us for all damages, liabilities, costs, charges and expenses, including reasonable attorneys fees, that we may incur as a result of your breach of the Terms of Service or any claims brought relating to Your Content or in any way relating to your conduct with any other user of the GuildScribe site or service. We shall provide to you timely notice of any such claim, suit or proceeding. The Account Holder hereby agrees to indemnify, defend and hold harmless GuildScribe for any damages, judgments or expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, to, through or from, as the case may be, your GuildScribe account infringes any trade-mark, trade secret, copyright, patent or third party intellectual property rights and from any damages, claims, suits or actions which may arise, now or in the future, as a result of your use of GuildScribe’s services. GuildScribe will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall GuildScribe be liable to the Account Holder for any damages resulting from or related to any failure or delay of GuildScribe in providing access to the Internet under this terms laid out in the Limitation of Liability portion of the agreement. In no event shall GuildScribe be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. |
||||||||
|
|
|
|
||||||
©2004 - Guild Scribe All Rights Reserved. All Logos, trademarks, and copyrights are property of their respective owners. Please make sure you read and understand Guild Scribe’s Terms of Service before you signup for our services. Issues? Contact the web master. |
||||||||
|
|
|
|
|
|
|
|
|
|