Service Agreement
eMail, Website Builder and Hosting Services

This Service Agreement ("Agreement") is by and between EZ Tek Services and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of execution. This Agreement sets forth the terms and conditions of your use of the services. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement.

Availability of Services

EZ Tek Services shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that EZ Tek Services may undertake from time to time; or (iii) causes beyond the control of EZ Tek Services or that are not reasonably foreseeable by EZ Tek Services, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Floyd Innovations has no control of availability of the Services on a continuous or uninterrupted basis. 

Electronic Mail

The electronic mail service provides you with the capability to send and receive electronic mail via the Internet. EZ Tek Services has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, there is a maximum limit on the storage space associated with your electronic mail account set by the service plan originally contracted. Notwithstanding the foregoing, EZ Tek Services retains the right, at EZ Tek Services' sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our electronic mail services to other customers and to protect our computer systems.

You agree to be bound by the applicable provisions of this user agreement in connection with your use of the electronic mail services described in this section.

You acknowledge that your use of EZ Tek Services electronic mail services, including the initiation or delivery of any unsolicited electronic mail messages, may subject you, as applicable, to criminal or civil liability.

Even when EZ Tek Services electronic mail is constantly monitored to provide uninterrupted service, it is subject to scheduled and unscheduled outages which will impact your ability to use the electronic mail service. EZ Tek Services will not refund fees in case of any outages.

Your right to use EZ Tek Services electronic mail service is personal to you. You agree not to resell the electronic mail service, without the prior express written consent of EZ Tek Services. EZ Tek Services will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on EZ Tek Services; (2) protect and defend the rights or property of EZ Tek Services; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.

You acknowledge and agree that EZ Tek Services neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.

You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of electronic mail service; or (4) conform to other similar requirements.

You agree that EZ Tek Services shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that is or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

The Electronic mail service is subject to the terms outlined in the “Hosting Fees” and the Cancellation sections below.

Website Hosting

EZ Tek Services has the authority to charge for services requested or pending hosting using the information you provide for charging on your account. Unless otherwise specified herein, each Service is for a one-year term and is renewable thereafter for successive one-year terms, as set forth during the renewal process.

In no event shall Your website consist of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal.

Fees

By selecting a billing payment cycle (monthly or yearly) you are agreeing to EZ Tek Services placing your account on a recurring payment plan. (See Cancellation section below for details on how to cancel your account.)

You can select from different payment options for paying for the services, which are described on our website. Fees are paid at least one month in advance. If we do not receive payment by the due date, services will be suspended for non-payment.

After 30 days, a suspended account will automatically be deleted from our system. When an account is deleted from our system, all copies of the website files are permanently and irretrievably removed from our servers.

If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees and a reactivation fee.

A suspended account will only be reactivated once all disputed/refunded fees are re-charged as well as the administrative fee to cover fees charged to EZ Tek Services by our bank.

You agree to pay all value added, sales and other provincial and federal taxes (other than taxes based on EZ Tek Services' income) related to the Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by shall be made in Canadian dollars.

You are solely responsible for the billing information you provide to EZ Tek Services and you acknowledge and agree that you will promptly inform EZ Tek Services of any changes thereto (e.g., change of expiration date or account number). You are solely responsible for ensuring the Services are renewed. EZ Tek Services shall have no liability to you or any third party in connection with the renewal or any attempt to renew the services as described herein, including, but not limited to, any failure or errors in renewing or attempting to the services.

Even when EZ Tek Services is constantly monitoring the availabilty of its hosting servers to provide uninterrupted service, it is subject to scheduled and unscheduled outages which will impact your ability to use the electronic mail service. EZ Tek Services will not refund fees in case of any outages.

Fees related to Domain registration annuity, merchant accounts and online payment processing should be paid separately by customer, including SSL certificates.

Service Levels

EZ Tek Services will use commercially reasonable efforts to make the Services available in accordance with prevailing hosting and electronic mail industry standards. EZ Tek Services will use commercially reasonable efforts under the circumstances to remedy any interruptions, omissions, mistakes, accidents or errors in the Services as quickly as possible.

Cancellation of Hosting, Electronic mail Service

We reserve the right to cancel any account for violation of our user agreement.

If you do not wish to continue hosting with EZ Tek Services, it is your responsibility to contact our customer service department to cancel your account. All cancellation requests must be submitted via electronic mail to support01@wemakeyourwebsite.com. You will need to indicate when you would like to cancel the account (30 days minimum) and your plans for transferring the domain name that we host for you. Accounts on monthly billing cycles will not receive any refunds for unused days.

Technical Support
Electronic mail, Website Hosting and Website Builder

Ez Tek Services will provide technical support with your account to answer questions and deal with server and account related issues.for Electronic mail, Website Hosting and Website Builder services during the duration of the agreement and when there are no outstanding fees. Support shall be available via email address (support01@wemakeyourwebsite.com) during the hours of 9:00 a.m. to 5:00 p.m., pacific time, Monday through Friday, excluding statutory holidays.

For more advanced requests relating to additional programming or functionality, a project proposal and estimate will be offered to you.

Support is not offered on Computer instruction or any technical instruction.

Limitation of Damages

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL EITHER PARTY OR ANY OF EZ TEK SERVICES' SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST REVENUE, OR LOST DATA), NOR SHALL EZ TEK SERVICES' SUPPLIERS OR LICENSORS BE LIABLE FOR DIRECT DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL EZ TEK SERVICES' AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE) EXCEED THE AMOUNTS PAID FOR THE SERVICES GIVING RISE TO A CLAIM IN THE TWELVE MONTHS PRECEDING THE DATE OF SUCH CLAIM. Customer agrees and acknowledges that it is in a better position to foresee and evaluate any potential damage or loss it may suffer in connection with the Services and that the fees payable under this Agreement have been calculated on the basis that EZ Tek Services shall exclude liability as provided in this Section.

Data Ownership / Data Loss

All data created or transmitted by Customer and stored on EZ Tek Services' servers as part of the Services ("Customer Data") shall at all times be owned by Customer.  EZ Tek Services shall treat Customer Data as Confidential Information. As a convenience for Customer, EZ Tek Services shall perform a regular backup of all Customer Data, but EZ Tek Services shall in no event be liable to Customer or any third party for loss, destruction or corruption of Customer Data. Customer agrees and acknowledges that it is in a better position to foresee and evaluate any potential damage or loss it may suffer in connection with loss of Customer Data and that the fees payable under this Agreement have been calculated on the basis that EZ Tek Services shall exclude liability as provided in this Section.

Security

All access to the Services shall be controlled by user names and passwords issued by EZ Tek Services to Customer from time to time upon request by Customer. Each user name and password will be unique to each customer. Customer is solely responsible for the security of the user names and passwords issued. Any access to the Services using such user names and passwords will be deemed access by Customer.

Force Majeure

EZ Tek Services shall not be deemed to be in default of any provision of this Agreement or be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, weather conditions, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, malicious or criminal acts of third parties, or other occurrences which are beyond EZ Tek Services' reasonable control.