Mustang Cloud Computing Terms of Service
THE TERMS AND CONDITIONS OF THIS AGREEMENT SHOULD BE READ CAREFULLY. BY USING THE MUSTANG Technologies Inc. INTERNET SERVICE, THE CUSTOMER AGREES THAT CUSTOMER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TERMS OF INTERNET SERVICE AND BY THE MUSTANG Technologies Inc. ACCEPTABLE USE POLICY ATTACHED HERETO. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE MUSTANG Technologies Inc. TERMS OF INTERNET SERVICE AND ALL ATTACHED SCHEDULES, CUSTOMER MUST NOT BEGIN TO USE THE SERVICE, OR IMMEDIATELY CEASE USE OF THIS SERVICE AND NOTIFY MUSTANG THAT CUSTOMER WISHES TO TERMINATE THE SERVICE.
This agreement (“Agreement“) is between you and every person who uses the Service through your computer(s) (hereinafter referred to collectively as the “Customer” or “You“) and Mustang Cloud Computing (hereinafter referred to as “MUSTANG” regarding the use of the MUSTANG Internet Service (the “Service” or “Services“). Customer agrees to and shall comply with the terms and conditions set out herein, and shall ensure that every person using the Service is made aware of and complies with the terms and conditions set out herein.
a) Provision of Services: MUSTANG shall furnish to the Customer, the Services on a shared or dedicated server. MUSTANG may perform its obligations through its affiliates, agents or subcontractors (the “Third Party Providers“), provided that MUSTANG shall not be relieved of its obligations under this Agreement by use of Third Party Providers.
b) Modification of Services: MUSTANG reserves the right, in its sole discretion, to modify this Agreement or any document that forms a part thereof, the Service, any aspect of the Service, including, without limitation, pricing and Services features. Customer agrees to go to www.mustangtechno.com/terms-conditions periodically and to review this Agreement to be aware of such modifications. Nothing in this Agreement shall be construed as obligating Customer to accept receipt of the Service after any change is made to the Service or this Agreement; however, Customer’s sole remedy in the event that Customer does not wish to accept such change shall be cancellation of the Service (and termination of this Agreement) including the payment of any termination charges or other charges that may apply. Should you continue to use the Service after such change is effective, such use shall be deemed to be your acceptance thereto and your expressly agree that no additional written agreement or express acknowledgment shall be required to accept such change.
c) Help Desk: If the Customer requires help desk support from MUSTANG, the Customer may either (i) call 1-800-353-6642 or 514-339-9000 for technical support, billing or sales issues; (ii) email support@Mustangtechno.com for technical support; or (iii) use the online chat support available at www.Mustangtechno.com for technical support. MUSTANG help desk representatives will make reasonable efforts to assist with resolving Customer support issues. Customer support issues are distinguished and resolved by level of severity as some issues may not be deemed critical and temporary work around solutions will be provided until a longer-term fix is available. MUSTANG help desk representatives will make reasonable efforts to contact the Customer during normal business hours (EST) on the next business day to help resolve the issue. MUSTANG reserves the right, in its sole discretion, to alter the help desk support hours of operations.
a) Set Up and Monthly Fees: The Customer shall pay MUSTANG a non-recurring set-up fee (where applicable) and recurring fee (together the “Fees”) as set forth in the final package details applicable to the package selected by the Customer and as set out on www.Mustangtechno.com. The non-recurring set-up fee will be charged upon registration and the recurring fee will be invoiced to the Customer and payable on reception or NO LATER THAN 30 days of the invoice date. Some Service upgrades might also incur a one-time non-recurring charge to be invoiced to the Customer in the following billing cycle.
b) Late Payment Charges: Invoiced amounts not paid within such a period are subject to a late payment charge of 5% per month (“Late Payment Charges”). Customer will be responsible for payment of all costs reasonably incurred by MUSTANG in collecting or attempting to collect any unpaid Fees or Late Payment Charges. Except as provided elsewhere in this Agreement, all payments made by Customer will be non-refundable.
c) Account Suspension for Delinquent Accounts: If after thirty (30) days the Customer’s account remains outstanding for whatever reason (including MUSTANG’s inability to invoice Customer due to Customer’s failure to update account/contact information with MUSTANG), the Customer’s Web site will be suspended and go into an “archive mode” for a maximum of sixty (60) days (“Archive Period”). If the bill is not paid by the end of the Archive Period, the site will be erased from the archive. MUSTANG will not be responsible for any errors, loss of information or any other mishap that may occur during the Archive Period or after the site has been erased. Deleted sites will be archived for a maximum of seven (7) days prior to permanent deletion. Retrieval of the Web site from the archive during the seven (7) day accessibility period will be, in MUSTANG’s sole discretion, on a commercially reasonable basis, at MUSTANG’s convenience, and may require Customer to pay additional charges. Users surfing to the site during the Archive Period will view an error or substitute message window until the account is settled. The message will be technical in nature (e.g. error, website temporarily unavailable or suspended) but will not reflect the origin or reason of the cause.
d) Underbilling: Unless there has been Customer deception with regard to a charge, Customers will be responsible for paying a previously unbilled or under billed charge:
Mustang technologies inc will not charge the Customer interest on the amount of the correction. If the Customer is unable to promptly pay the full amount owing, Mustang Cloud Computing will attempt to negotiate a reasonable deferred payment agreement.
e) Overbilling: In the case of a recurring charge that should not have been billed or that was overbilled, a Customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, a Customer who does not dispute the charge within 3 months of the date of an itemized statement which shows that charge correctly, will lose the right to have the excess credited for the period prior to that statement. Non-recurring charges that should not have been billed or that were overbilled will be credited, provided that the Customer disputes them within 90 days of the date of the bill.
f) Invoicing: The Customer acknowledges and agrees that the invoices for the Fees related to the Service may be produced, submitted and delivered either electronically or on paper.
g) Payment by Cheque: The Customer is responsible for ensuring that payments made to MUSTANG by cheque are sent to the address as it appears on the Mustangtechno.com web site or as specified by the MUSTANG Business Office or other official MUSTANG groups and arrive on time.
3. Term, Termination and Order Cancellation:
a) Agreement: This Agreement is a monthly, quarterly, semi-annually, annually, biennially, triennially, quadrennial, quinquennial, sexennial, septennial, octennial, novennial or decennial agreement (“Agreement”).
b) Termination of Agreement:
The provisions of this paragraph 3b) apply only to, in regards to the thirty (30) day satisfaction policy, the Hosting or Deluxe Anti-Spam services, and only in the case of a new purchase, and do not apply during the renewal of a service. No other service purchased or renewed at Mustang technologies inc for one (1) month, three (3) months, six (6) months, one (1) year, two (2) years, three (3) years, four (4) years, five (5) years, six (6) years, seven (7) years, eight (8) years, nine (9) years, or ten (10) years is refundable.
Either party may terminate the Agreement on thirty (30) days prior written notice to MUSTANG (by phone or email), subject to the payment of applicable termination fees (“Termination Fees”). If the Agreement is cancelled within ninety (90) days of purchase, the Customer shall pay Termination Fees equivalent to the current domain name registration fees charged by MUSTANG when registering domain names on the Customer’s behalf. For more information including a listing of MUSTANG’s current domain name registration fees, please refer to the website. The Termination Fees are liquidated damages and consideration for the Services, and are not a penalty. The parties acknowledge that the Termination Fees are a reasonable pre-estimate of the damage that would be anticipated to be suffered by MUSTANG upon termination. Customer is solely responsible for ensuring that the Customer website has been migrated off MUSTANG servers and that Customer website and email have been backed-up prior to termination. MUSTANG is not responsible for any data lost as a result of Customer termination. Restoration of Customer website may be possible in limited circumstances at MUSTANG’s discretion and subject to applicable fees. There is NO REIMBURSEMENT.
c) Termination by MUSTANG: MUSTANG reserves the right to immediately suspend or terminate the Service for reasonable cause, including but limited to (i) non-payment of overdue invoices to MUSTANG; (ii) the Customer committing an act of insolvency or being involved in any proceeding, either voluntary or involuntary, under laws affecting creditor’s rights or the appointment of a receiver, or otherwise not meeting MUSTANG’s credit requirements; (iii) violation of or non-compliance with any of the provisions of this Agreement or of any document or policy forming part thereof (including without limitation the Acceptable Use Policy); (iv) MUSTANG ceasing to offer the Service. In the event of default by the Customer, any and all payments required to be made to MUSTANG by the Customer shall be due and payable immediately. Suspension or termination of this Agreement shall not relieve the Customer from any liability, including amounts owing and accrued up to the time that such termination becomes effective.
d) Deletion of Customer Information: MUSTANG reserves the right to delete any and all information in the Customer’s account including the order processing information, databases, mailing lists and any Web pages that were generated by the Service, upon termination of Service.
4. Use of Services: Customer Obligations
a) Lawful Conduct: The Customer agrees to only use the Service for legal purposes under all applicable international, federal, provincial, and municipal laws. The Customer agrees not to store, link to, transmit, advertise or make available any images or materials that are obscene, threatening, abusive, harassing, defamatory, hateful, discriminatory or racially or ethnically objectionable. The Customer agrees not to use this Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libellous, or against any MUSTANG policy. Violations of these or any other provisions of this Agreement may result in termination of the Service provided by MUSTANG with or without a notice or notification period, such notice or notification period to be granted at the sole discretion of MUSTANG based upon the severity of the violation and without the right of refund or credit to Customer.
b) Acceptable Use: Customer shall at all times use the Service in accordance with the MUSTANG Acceptable Use Policy as updated and amended from time to time and attached as Schedule “A” hereto. The Customer shall not harm the reputation, computer systems, or programming of MUSTANG as well as other users of the Service. The Customer agrees not to tamper with, alter or otherwise rearrange the Service nor shall it permit or assist others to abuse or fraudulently use the Service including but not limited to using the Service in any manner which interferes unreasonably with the Service or MUSTANG’s network, or access thereto by other persons; for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights, or in a manner to avoid the payment of Fees hereunder. The Customer agrees to follow the generally accepted rules of netiquette when sending electronic mail or postings to news groups.
c) Domain Name Registration Services: If, in addition to purchasing the Services, the Customer has registered domain names using the Mustang technologies inc domain name registration services, the Customer acknowledges and agrees that it is bound by the Mustang technologies inc Domain Name Registration Terms of Service located at www.mustangtechno.com/terms-and-conditions. Customer acknowledges and agrees that cancellation of this Agreement within ninety (90) days of purchase shall result in Termination Fees as set out above and in the Domain Name Registration Terms of Service.
d) Security: The Customer is responsible for the security of his or her passwords. MUSTANG reserves the right not to change the passwords without proper identification of the Customer, which may include, but is not limited to, the signature of the Customer. Customer is solely responsible for taking adequate and necessary precautions to protect Customer software, files, data and equipment against risks inherent in the use of the Internet. MUSTANG is not liable for Customer’s failure to adequately protect itself from such risks.
e) Customer Responsibility for End Users: Customer agrees to cause all persons using the Services through Customer’s computers or account, including employees, independent contractors, consultants, web designers, programmers, agents, volunteers and other service providers to be made aware of and agree to be bound by and comply with the terms and conditions of this Agreement including the Customer’s obligations regarding the use of the Services. Customer shall be solely responsible and liable for any breaches of the terms and conditions of this Agreement whether the breach is the result of the Customer’s use of the services, or by any other user of the Customer’s equipment, computers, account or services, whether or not such use was authorized by Customer.
f) Back Up Requirements: Customer shall ensure all files are adequately backed up and recoverable in case of an outage or service failure.
g) Customer Space/Traffic: Customer shall ensure that its use of the Services will not exceed MUSTANG’s stipulated space and traffic limits applicable to the Service package purchased. Customer acknowledges MUSTANG’s right to charge Customer additional fees should Customer bandwidth or storage exceed their Service package purchased or force a migration of the Services to a dedicated website hosting account should Customer’s traffic, space or usage requirements dictate.
h) File Uploads: The Customer is entirely responsible for the uploading of files to their website, maintenance and backup of their content. For the upload of files and content on the Customer’s hosting space, the Customer must retain a copy of the Web site.
i) Customer Scripts: The use of scripts is the Customer’s responsibility, including the provisioning, upload, management and troubleshooting (unless it is server related) of Customer scripts. Customers may use their own scripts on the server without administration approval. However, if it is determined in MUSTANG’s sole discretion that the scripts are in any way affecting the servers MUSTANG reserves the right, immediately and without prior notice to Customer, to disable the scripting. Customer will be notified once disabling has occurred. More specifically, if a script is found to over-utilize the server in any way, access to the web directory where scripts are held will be disabled and the scripts will be rendered useless. It is then the responsibility of the Customer to fix the script and prove that there has been a change. Once MUSTANG receives the details of changes in writing, MUSTANG will turn the scripting back on (usually this takes about three (3) days). If the script is not fixed, Customer access to the web directory where scripts are held will be turned off indefinitely. The Customer must then recode the script and prove to MUSTANG that the script will not negatively impact the server, which shall be confirmed in MUSTANG’s sole discretion. Once Customer has adequately satisfied MUSTANG that the script is acceptable, MUSTANG will then re-enable the script. If the problem persists, services will be terminated for that Customer and will not be re-enabled. Scripts should be enabled to access files or directories within their own root level. Nothing will be “registered to the server” under any circumstance. If a script does not work because of calling outside its directory, MUSTANG will not assume responsibility or offer aid: it is the customer accountability to troubleshoot the script.
j) Customer Representation and Account Information: Customer shall inform MUSTANG and keep MUSTANG current with true and accurate information regarding any changes to the Customer’s designated representative employees or agents authorized to instruct MUSTANG, billing and account information, including address, phone, email, domain name or fax number changes. In particular, Customer must keep current its billing telephone number, and the Customer’s designated administrative contact information. Failure to update MUSTANG within a commercially reasonable time may result in the suspension or termination of Customer’s account, without the right to credit or refund.
k) Customer Obligation to Indemnify: Notwithstanding anything else in this Agreement, the Customer acknowledges that the content on the Customer’s website is the sole responsibility of the Customer and MUSTANG does not own or have any control over the content, availability, accuracy, security or any other aspect of any information, including, without limitation, personally-identifiable information, data, files, pictures or content in any form or any type, (collectively, the “Information“) accessible or that may be available to or by the Customer or its end users through the use of the Service and further that MUSTANG does not as a matter of practice (although it reserves the right to should circumstances warrant) monitor the use of the Service by the Customer or its end users, and except as provided herein, has no control over the Customer’s or end users’ use of the Service. The Customer agrees to indemnify, defend and hold harmless MUSTANG, its affiliates, agents and any Third Party Providers from any and all claims, including, but not limited to:
(i) infringement or misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, libel, slander, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute, losses, damages, liabilities, judgements, or settlements, including reasonable legal fees, costs, and other expenses incurred by MUSTANG, its affiliates, agents and this party providers related to or in connection with the content of the Customer’s website; and
(ii) all claims by any third party, including end users and distributors, in connection with the use of the Service (and related equipment and software) or transmission of the Information by the Customer or any third party or any disclosure by any means of personally-identifiable or confidential information provided by any third parties to the Customer and that the Customer was under an obligation not to disclose or the Customer’s failure to comply with its obligations under this Agreement. MUSTANG shall be entitled to participate in the defence and settlement of any such claim.
l) Survival: The terms of this section will survive any termination of this Agreement. MUSTANG reserves the right to define abuse of the Service which may consist of, but not be limited to, impact on one or more of the following: network usage, database links, database size, email storage including storage duration, email spamming, and CPU usage.
5. Use of Services: MUSTANG Rights and Obligations
a) MUSTANG Right to Refuse Service: MUSTANG reserves the right to suspend, terminate or refuse service to Customer immediately and without notice or right to refund if any of the content within, or any links from, the Customer’s Web site is deemed illegal, misleading, or obscene, or is otherwise in breach of MUSTANG’s then current Acceptable Use Policy, in the sole and absolute opinion of MUSTANG. MUSTANG does not generally screen or edit content or links originating from the Customer’s Web site, but reserves the right (though MUSTANG has no duty) to monitor or to remove, without notice, any offensive or objectionable content or links, in MUSTANG’s sole discretion or upon order of a court or regulatory agency. Customer will be responsible for any charges incurred by MUSTANG resulting from Customer’s breach of this Section.
b) Migration to Dedicated Service: In the event the Customer’s Web site degrades the function of the server or causes complaints from other users, the Customer will have outgrown the shared server Service and will need to migrate to MUSTANG’s dedicated service. MUSTANG reserves the right to terminate the Service upon refusal from the Customer to migrate.
c) Modification Over Time: MUSTANG may modify the Services and the terms and conditions applicable thereto over time, and may establish, modify or update the Services or Customer’s use thereof with or without notice to Customer. Customer’s continued use of the Service shall be deemed acceptance of any such modifications. Notice, if given, may be provided via Mustangtechno.com, email, SIM message or mail at MUSTANG’s option.
d) Right to Define Abuse: MUSTANG reserves the right to define abuse of the Service which may consist of, but not be limited to, impact on one or more of the following: network usage, database links, database size, email storage including storage duration, email spamming, and CPU usage.
e) Customer Information: Except where compelled by law, MUSTANG shall maintain all non-public information obtained in connection with this Agreement regarding the Customer and its end users in confidence and shall not disclose same to any other entity other than in connection with: (i) facilitating the provision of the Service hereunder; (ii) disclosure as required to MUSTANG affiliates, agents, suppliers or subcontractors; or (iii) the enforcement of this Agreement. Notwithstanding the foregoing, the Customer shall, for the entire term of the Agreement, assign to MUSTANG a limited user license with regard to its corporate logo, enabling MUSTANG to modify and post such logo on its website, for advertising purposes, under a portfolio-type heading.
f) Termination, Suspension or Disabling: MUSTANG has additional rights to suspend, terminate or disable accounts as stipulated throughout this Agreement including (but not limited to) late account payment, the provision of false or inaccurate account information or the failure to update and maintain account information, contravention of any laws, regulations or Mustang Technologies Inc’s Acceptable Use Policies, damaging or derogatory script usage.
6. Services, Software and Documentation
Title to the Service, including all related software, hardware and documentation provided by MUSTANG and used by the Customer or its end users hereunder shall at all times remains with MUSTANG and the Customer and its end users hereby acknowledge that they do not acquire any title or property rights in the Service or the intellectual property related thereto.
7. Internet Protocol Addresses
MUSTANG will assign the Customer an Internet Protocol address, which will remain under the control and ownership of MUSTANG. The Customer will have no right to use the Internet Protocol address except as allowed by MUSTANG and MUSTANG reserves in its sole discretion the right to change or remove any and all Internet Protocol numbers and addresses. Note: It is recommended that Customers use their domain name service (“DNS“) name for scripts and other automated tasks and not the Internet Protocol address as it may change.
a) Services “As-is”: The Customer acknowledges that MUSTANG does not warrant uninterrupted or error free Service and that MUSTANG does not warrant the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Service. MUSTANG shall be permitted from time to time to interrupt the Service in order to provide maintenance to the Service.
b) The warranties provided in this agreement are in lieu of all other warranties and conditions, express, implied or statutory, including any warranty or merchantability, fitness of a particular purpose, non-infringement or availability or reliability of the service.
Customer shall indemnify and hold MUSTANG, its affiliates and their respective directors, officers and employees harmless from and against any and all liabilities, losses, damages, costs and expenses of any kind (including reasonable legal fees and court costs) suffered or incurred by MUSTANG or its affiliates and their respective directors, officers and employees arising as a result of or in connection with any claim alleging that the Customer domain name or website or any part thereof infringes in any manner any intellectual property right of any third party or contains material or information that is obscene, defamatory, libellous, slanderous or violates any individual’s right to publicity, confidentiality, privacy or contains any virus.
10. Limitation on Liability
a) CUSTOMER AGREES THAT MUSTANG’S LIABILITY AND THE CUSTOMER’S AND END USERS’ EXCLUSIVE REMEDY RELATED TO THE NON-PERFORMANCE OF THE SERVICE SHALL BE: (I) REPAIR OR ADJUSTMENT OF THE SERVICE, OR (II) WHERE REPAIR OR ADJUSTMENT IS NOT PRACTICABLE, AN EQUITABLE CREDIT NOT TO EXCEED THE CHARGES INVOICED TO THE CUSTOMER FOR THE PORTION OF THE SERVICES WHICH WERE NON-PERFORMING. FOR ANY OTHER CLAIM, MUSTANG’S LIABILITY, IF ANY, TO THE CUSTOMER AND END USERS FOR DAMAGES RELATED TO USE OF THE SERVICE FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THOSE ACTUALLY PROVEN AS DIRECTLY ATTRIBUTABLE TO MUSTANG, AND SHALL IN NO EVENT EXCEED THE TOTAL IN AGGREGATE MONTHLY CHARGES PAID BY THE CUSTOMER DURING THE PERIOD THE SAID DAMAGES WERE INCURRED, NOT TO EXCEED THREE (3) MONTHS. UNDER NO CIRCUMSTANCES WILL MUSTANG, ITS AGENTS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO CUSTOMER OR THIRD PARTY FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT MUSTANG WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT MUSTANG’S, ITS AGENTS’, SUPPLIERS’ AND SUBCONTRACTORS’ LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.
b) FOR GREATER CERTAINTY, CUSTOMER AGREES THAT MUSTANG SHALL NOT BE LIABLE FOR ANY LOST PROFITS, ANTICIPATED REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, LOST BUSINESS REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF THE SERVICE, EVEN IF MUSTANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. c) MUSTANG ASSUMES NO LIABILITY ARISING FROM (I) THE USE OF THE SERVICE FURNISHED BY MUSTANG IN COMBINATION WITH SERVICE, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (II) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.
11. Additional Provisions
a) Force Majeure: Except for payment obligations, if the performance of this Agreement is interfered with, in whole or in part, by circumstances beyond the reasonable control of either party including, without limitation: fire, explosion, power failure, earthquakes, floods, acts of God, war, revolution, civil commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, then the party affected shall be excused from such performance on a day-by-day basis to the extent that such party’s obligations relate to the performance so interfered with; provided that the party so affected shall use commercially reasonable efforts to expeditiously remove such causes of non-performance.
b) Amendment: Except as otherwise provided, the only party that may amend this Agreement is Mustang Cloud Computing
c) Assignment: MUSTANG may assign its right and obligations under this Agreement without your prior written consent. Customer may not assign this Agreement without the prior written consent of MUSTANG. Any attempted assignment by Customer without such prior written consent shall be void.
d) Entire Agreement: This Agreement, together with the Acceptable Use Policy, any and all policies, practices and documents, referred herein or to which you may be directed, including the Mustang technologies inc Domain Name Registration Terms of Service as applicable, constitute the entire agreement between the Customer and MUSTANG with respect to the subject matter, merging and superseding all prior agreements, understandings and representations on the subject matter. It is expressly agreed that if the Customer issues a purchase order or other document for the Service, such instrument will be deemed to be for the Customer’s internal use only and any provisions contained therein shall not amend or be used in interpreting this Agreement.
e) Inurement: This Agreement shall be binding upon and inure to the benefit of MUSTANG and the Customer and their respective successors and permitted assigns.
f) Governing Law and Venue: The Parties agree to elect domicile in the judicial district of Montreal province of Quebec, Canada, for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effects of this Agreement. This Agreement shall be construed and enforced in accordance with the laws in force in the province of Quebec, Canada. Any notice intended for either Party shall be deemed to be validly given if it is in writing and is sent by e-mail or fax, registered or certified mail, by bailiff or by courier service to such Party.
g) Interpretation: In this Agreement, the headings are for convenience of reference only and shall not affect its construction or interpretation.
h) Precedence: In the event of a conflict between this Agreement and any Schedules appended hereto the terms of this Agreement shall prevail.
i) No Waiver: No waiver of any term or provision or of any breach or default shall be valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any other terms or provision of any subsequent breach or default of the same or similar nature.
j) Notice: All notices provided for shall be given in writing and transmitted by personal delivery, electronic mail or fax, to the address set forth when the Customer registers, upon which it shall be deemed delivered upon receipt to the party mentioned in the address.
k) Severability: The invalidity, illegality or unenforceability of any one or more provisions of this Agreement shall not affect or impair any other provisions of this Agreement.
l) Language: This Agreement has been drawn up in English at the request of the parties. Les parties ont convenu que la présente entente soit rédigée en anglais.
Mustang Cloud Computing Acceptable Use Policy
Mustang technologies inc (“Your Service Provider“) is committed to being a responsible network citizen. To assist Your Service Provider in protecting the usefulness and enjoyment of the Internet, you agree to abide by the terms of this Acceptable Use Policy (the “AUP“). Any violation of this AUP will constitute a violation of the terms of your Service Agreement and may result in the termination of such Service Agreement and/or suspension of your Service thereunder.
If you have any questions about this AUP, do not hesitate to contact Your Service Provider via email at abuse@Mustangtechno.com.
For the purposes of this AUP, “Internet host” means any computer or electronic device connected to the Internet. Terms not otherwise defined in this AUP will have the meanings set out in the Service Agreement.
Your Service is solely for commercial use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of an Internet service provider’s business.
Harassing or abusive language or actions, whether verbal, written or otherwise, of Your Service Provider’s employees, suppliers, agents and representatives is strictly prohibited and will not be tolerated.
You are prohibited from using the Service for activities that include, but are not limited to:
- Transmitting unsolicited messages which, in the sole judgement of Your Service Provider, cause significant disruption or elicit complaints from other Internet users.
- Restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service or creating an unusually large burden on our networks or otherwise generating levels of Internet traffic impeding other users ability to transmit or receive information.
- Posting, transmitting or otherwise distributing information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise using the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet.
- Posting or transmitting messages constituting “spam“, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers.
- Reselling bandwidth or any other part of the Service, including without limitation IP addresses, provided by Your Service Provider.
- Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others.
- Impersonating other Business Internet subscribers or other Internet service providers subscribers in any way.
- Uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software, files or other material which (i) are protected by copyright or other intellectual property rights, without prior authorization form the rights holder(s); (ii) are defamatory, obscene, child pornography or hate literature; or (iii) constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing.
- Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file.
- Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
- Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist in the fraudulent use of telecommunications services.
- Using an Internet host’s resources in a manner which is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort.
- Posting or transmitting any information or software which contains a virus, “cancelbot“, “trojan horse“, “worm” or other harmful or disruptive component.
- Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.
- Violating or breaching any applicable laws and/or regulations.
The Business Internet Mail service, as further described in your Service Agreement, is for your business use. You may not sublicense, distribute, transfer, or sell the Business Internet Mail service or any portion thereof. You agree to use the Business Internet Mail service only to send and receive messages and material that are proper. In addition to the general terms set out above, and by way of example, and not as a limitation, you agree that when using the Business Internet Mail service, you will not:
- Use such service in connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise).
- Restrict or inhibit any other user from using or enjoying such service.
- Create a false identity for the purpose of misleading others or forge the headers of your email messages in any way.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof.
- Promote or facilitate the transmission of unsolicited email messages.
- Attach an excessively long signature to your messages.
- Send messages to disrupt or cause difficulties in receiving other email.
In the event that you maintain one or more bulk “opt-in” email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by Your Service Provider. At the discretion of Your Service Provider, if no such evidence is available, such bulk emailings may be considered as unsolicited.
Your Service Provider reserves the right, in its sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer’s bulk “opt-in” email lists, and the number of messages a customer may send or receive through the Business Internet Mail service.
Neither Your Service Provider or any of its suppliers has any obligation to monitor the Business Internet Mail service. However, Your Service Provider and its suppliers reserve the right to review materials sent through such service, and to remove any materials in their sole discretion. Your Service Provider, in its sole discretion, may terminate your access to the Business Internet Mail service at any time, without notice.
Your Service Provider and its suppliers reserve the right at all times to disclose any information as they, in their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
Your Service Provider and its suppliers further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.
Newsgroups / Discussion Forums
In addition to the general terms set out above, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
- Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
- Posting substantially identical messages to more than 10 newsgroups.
- Attaching an excessively long signature to your messages.
- Forging the headers of your postings in any way. Newsgroup and forum postings must comply with each newsgroup’s or discussion forum’s respective charter or FAQ.
Internet Relay Chat (“IRC”)/Chat
In addition to the general terms set out above, while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
- Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
- Attempting a Denial of Service attack either automated via a bot or manually conducted.
Additionally, while using an IRC Server or any other chat service, you must be in full compliance with the rules and regulations set out by the server administrator.
Network / Security
In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:
- Sharing of your Account UserID and password for the purpose of concurrent login sessions from the same Account.
- Causing an Internet host to become unable to effectively service requests from other hosts.
- Analyzing or penetrating an Internet host’s security mechanisms.
- Forging any part of the TCP/IP packet headers in any way.
- Committing any act which may compromise the security of your Internet host in any way.
As further set out in your Service Agreement, you are solely responsible for the security of your system and Account. Your Service Provider will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP.
In the event that numerous complaints are received by our staff in regards to any breaches of this AUP, at the discretion of Your Service Provider, a processing fee per complaint received, in addition to an administration fee, may be applied to your Account.
Last Modified: May 1, 2013