Terms and Conditions
1. THE SERVICE
Subject to the client compliance with the term and conditions of this agreement, PC MONTREAL INC. will provide you with (1) data encryption, (2) data transmission, (3) data access (as available), (4) data storage, and (5) interface software. Use of this Service consists of the right of a client of the Service to electronically transmit and store computer data using either private data communications network, or the Internet into a secure location maintained by PC MONTREAL INC. and to retrieve said data should they be required. In your use of the Service, you are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service. PC MONTREAL INC. makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service.
2. TERMS OF AGREEMENT
This Agreement comes into effect when accepted by the Client, and remains in effect from month to month on the same terms and conditions. Either PC MONTREAL INC. or the Client may terminate this Agreement by giving 30 days advance notice to the other. Prices in a renewal year shall be at the then most current price schedule. PC MONTREAL INC. reserves the right to change the Service or the terms and conditions of this agreement at any time without notice.
3. CHARGES AND PAYMENTS
Rates charged to the Client will vary according to the Client’s level of usage of the Service, primarily the amount of compressed disk storage maintained for use by the Company on behalf of the Client. Payment and billing options are selected by the Client when ordering the Service. Client shall pay in advance any registration or service fees and other charges incurred by Client or Client's designated users at the rates in effect for the billing period in which those charges are incurred. Invoices will be issued monthly or yearly and payment is due within 15 days of invoice date. Payment by fraudulent means will result immediate and permanent termination of the account. If payment is not received within 45 days of invoice date, an email will be sent to inform client that PC MONTREAL INC. did not receive payment for the service and that the account will be put in suspension. If Client does not make contact with PC MONTREAL INC. within 15 days from the email being sent, PC MONTREAL INC. sends a registered letter informing Client of the suspension. A registered letter is sent so that PC MONTREAL INC. has formal proof that the letter has been received by Client and that Client is aware of the situation. If Client does not provide payment via check (or credit card if more convenient) within 30 days of the date of the registered letter, the Account is formally deactivated and the files are permanently purged from the PC MONTREAL INC. servers. Interest charges will be applied at 1.5% per month from the date of the initial non-payment. Client remains wholly responsible for all charges that accumulate on the Account from the time initial non-payment occurred. Client is also responsible for making contact with PC MONTREAL INC. to confirm all outstanding amounts payable prior to remitting payment via check. Once all outstanding charges have been paid in full, the Account is removed from suspended status.
4. LIMITATION OF LIABILITY, WARRANTY
PC MONTREAL INC. claims that the use of its products and services will increase the probability that lost, damaged or destroyed files, data or information may be successfully restored. Nevertheless, PC MONTREAL INC. makes no guarantee or warranty that the system and services will avert, avoid or prevent the loss of files, data or information or the consequences therefore, which the system or service is designed to provide due to any combination of natural disasters, technological failures and/or human activities or negligence. The Client agrees to use the Service at the Client’s own risk. Under no circumstances, including gross negligence by PC MONTREAL INC. or any of its servants, agents or employees, shall PC MONTREAL INC. or anyone else involved in administering or distributing the Service be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if PC MONTREAL INC. has been advised of the possibility of such damages) that result from the use of or inability to use the Service including but not limited to loss of revenue or lost profits, or losses that result from mistakes, omissions, interruptions, deletion of files or 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 to PC MONTREAL INC.'s records, programs, or services. Notwithstanding the foregoing, and for greater certainty, in no event shall PC MONTREAL INC. be liable to the Client for more than the 12 month period paid to PC MONTREAL INC. under this Agreement. PC MONTREAL INC. does not assume any responsibility or liability for the accuracy of any information that may be contained in any manner, be it Web Pages, program or data files, images or any other information stored by the Client, even if PC MONTREAL INC. is maintaining said information.
5. CONDITION OF USE
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from Your Account, and the SERVICE in general, and for all transmission by You from and to Your Account. You will not use the Service in any way for spamming, junk mail, distribution lists or chain letters to any person who has not given specific permission to be included in such a process. You will not download nor cause to be downloaded data in excess of Your Download Limit. You agree not to transmit through the Service (1) any illegal pictures, materials or information; (2) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (3) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation; (4) any code or material that violates the intellectual property rights of others; or (5) any Viruses, "Trojan horses", worms, or any other similar contaminating or destructive features. You will only use the Service for lawful purposes, in compliance with all applicable laws including without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include, without limitation, attempting to compromise the security of any networked account or site, making direct threats of physical harm, or transmitting, distributing or storing any unlawful material. If you violate the restrictions of these Terms and Conditions of Use, you agree to defend and indemnify PC MONTREAL INC. against any claim or action that arises from your unlawful or improper use of the Service.
6. TERMINATION OF SERVICE
The Client may terminate the Service at anytime by giving a 30 day advance notice to PC MONTREAL INC.. Inactivity on a Client’s PC MONTREAL INC. account does not constitute or imply cancellation of the service and Client is responsible for all charges incurred on the Account until official cancellation occurs with PC MONTREAL INC.. Once Client has submitted a request to cancel, PC MONTREAL INC. will confirm a cancellation date with Client so that formal deactivation of the Account can occur and Client knows when the files will be permanently purged from our servers. Based on the cancellation date, PC MONTREAL INC. will review Client's Account and determine whether a refund is owing or whether there are fees payable