1. Overview
flookdigitalmedia.com, flook.ca, flookdigitaldesign.com, flookdigital.com, flookdigitalsigns.com, flookdigitaldesign.ca, flookdigital.ca, flookdigitalmedia.ca and flookdigitalsigns.ca are operated by Flook Digital Media. This service contract (hereinafter the "CONTRACT") is between Flook Digital Media and the applicant, You: (hereinafter CLIENT) who wishes Internet Digital Sign data hosting services with Flook Digital Media Inc.
2. Relationship Between Flook Digital Media Inc. and CLIENT
a) Flook Digital Media Inc. will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b) CLIENT's rights and privileges can not be sold or transferred without the written consent and approval from Flook Digital Media Inc. sixty (60) days in advance.
c) This contract represents the complete understanding between CLIENT and Flook Digital Media Inc.. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
d) CLIENT agrees not to harm Flook Digital Media Inc., it's reputation, computer systems, programming and/or other CLIENTS using Flook Digital Media Inc.' services.
3. Interruptions in Service
Flook Digital Media Inc. is not liable for any errors or interruption in service, whether within or outside of Flook Digital Media Inc. reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Flook Digital Media Inc. free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Flook Digital Media Inc. or by third-party providers, or because of power interruptions or other causes.
4. Password Protection
CLIENT is responsible for protecting CLIENT'S password and for any authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use Flook Digital Media' service to guess passwords or to access other systems or networks without authorization. Flook Digital Media Inc. will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
5. Internet Etiquette
CLIENT will comply with the rules appropriate to any network to which Flook Digital Media Inc. may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Flook Digital Media Inc. by offended users. Flook Digital Media Inc. reserves the right to refuse or terminate service at any time. CLIENT will indemnify Flook Digital Media Inc. and hold Flook Digital Media Inc. harmless from any damage to Flook Digital Media' business, service, equipment, network(s) operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
6. Content
Flook Digital Media Inc. has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated. If you believe that your copyright or trademark is being infringed upon, please email info@flook.ca . The use of a hosting account as a backup/storage device is not permitted with the exception of one backup of the same account.
7. Backups and Data Loss
Flook digital Media Inc. provides backups of all data stored on the Flook Digital Media Inc. server. Flook Digital Media Inc. shall not be liable for any data loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service.
8. Warranty and Assumption of Risk
CLIENT uses Flook Digital Media Inc. services at CLIENT's own risk. Flook Digital Media Inc. makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Flook Digital Media Inc. shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Flook Digital Media Inc. has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
9. Term of Contract, Termination, and Renewal
a) All contracts are on a recurring basis. CLIENT shall pay Flook Digital Media Inc. recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on Flook Digital Media Inc.'s invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. Flook Digital Media Inc. may change prices without notice and it is the CLIENT's responsibility to check the website for updates. Grandfathered accounts will not be affected.
b) All cancellations by CLIENT of service or changes in service must be done in writing to Flook Digital Media Inc.. It can be done by email (info@flook.ca), or via regular post to Flook Digital Media Inc., PO BOX 146, Radium Hot Springs, BC V0A1M0 Canada. 30 day money back guarantee is offered on all hosting plans. If cancellation is requested within 60 days of initial setup date, then the full hosting fees will be refunded. After 60 days of cancellation, it will refunded on a prorated basis of any unused time. There are no refunds on install fees for custom software, design work or custom coding. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
c) If CLIENT breaches any part of this contract and Flook Digital Media Inc. has to engage the services of an attorney, the CLIENT will pay any and all of Flook Digital Media Inc. reasonable attorney fees and court costs.
10. Limitation of Liability
In no event shall Flook Digital Media Inc. or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Flook Digital Media Inc. has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Flook Digital Media Inc. from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.
11. Changes
Flook Digital Media Inc. reserves the right to revise its policies at any time without notice.