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FROG Internet
Terms and Conditions Agreement |
| This FROG Internet - Website Advertising Terms and Conditions (the
"Agreement") is a legal contract between the customer ("You", "Your"
etc) and Frog Internet ("FROG Internet"). The Agreement governs your
purchase and use of the various online website products and services,
whether fee-based or free of charge, offered on any of the FROG
Internet websites or products and services designed, developed and
maintained by FROG Internet (each will be referred to as a "Service").
Your use of the Services is conditioned on your acceptance of this
Agreement.
The customer accepts and agrees to be bound by all the terms and
conditions of this Agreement, as well as any additional terms specific
to the particular Services for which you register. Since this is a
binding legal agreement between you and FROG Internet, please print a
copy of this Agreement for your records.
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1. THE SERVICES
FROG Internet will provide you with the Services for which you register
for on FROG Internet's websites, subject to the terms and conditions of
this Agreement. You acknowledge that the Services may be offered in
various separately priced service levels or packages ("Service Plans"),
and you will only receive the Service Plans that you have registered
for, and for which you are paying all associated fees. Descriptions of
each Service, and the various Service Plans that are available for each
Service, are available on FROG Internet's website.
You may upgrade to a higher Service Plan, if available, at any time
during the term of this Agreement. Upon any such upgrade, you agree to
pay the increased fees for that Service Plan in accordance with this
Agreement. Upgrade pricing for the subscription period in which the
upgrade occurs will be prorated in proportion to the number of days
remaining in that subscription period at the time the upgrade becomes
effective.
FROG Internet reserves the right to modify, enhance, or supplement the
Services at any time in its sole discretion, provided that those
modifications do not materially and adversely affect your rights or
obligations under this Agreement.
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2. REGISTRATION PROCESS
To sign up for or receive any Service, you must submit or maintain on
file with FROG Internet certain registration data, as requested by FROG
Internet's online registration form for the Service. Such registration
data shall include, but not be limited to, your business name, mailing
address, phone numbers, website address, email address, city. FROG
Internet reserves the right, in its sole discretion, to refuse any
registration or Service activation request for any reason or no reason,
and shall not be obligated to provide any Service to you unless and
until it has received payment for the applicable fee. FROG Internet's
use of your registration information is governed by FROG Internet's
privacy policy, available on FROG Internet's website ("Privacy Policy"). |
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3. YOUR PROMISES AND OBLIGATIONS
AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
(a) All of the registration information you supply to FROG Internet is
true, complete, and accurate, and you will notify FROG Internet of any
changes to your registration data during the term of this Agreement and
submit updated information within twenty (15) days of any such changes;
(b) none of FROG Internet's Services shall be used for or contain any:
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** hate propaganda or material that encourages or
promotes illegal activity or violence; content that violates or
infringes in any way upon the statutory, common law, or proprietary
rights of others, including but not limited to copyrights, trademark
rights, patents, or any other third party intellectual property,
contract, privacy, or publicity rights; material that promotes or
utilizes software or services designed to deliver unsolicited email;
material that violates any local, state, or national law or regulation;
hacking code or uses automated scripts to generate high traffic;
misrepresentations or material that is threatening, abusive, harassing,
defamatory, obscene, profane, indecent, or otherwise objectionable,
offensive, or harmful; pricing of rooms or special pricing of any sort;
other material that FROG Internet, in its sole discretion, deems
inappropriate, including any violations of standards posted on FROG
Internet's website or sent to you by email.
(c) You will safeguard your account user name and password by not
disclosing your password to any third party, and you will assume
responsibility for any and all harm or liability attributable to you or
any other person accessing your account or any Services with your user
name and password;
(d) You will treat any and all consumer information gathered for you or
transmitted to you via the FROG Internet website or Services in
accordance with FROG Internet's Privacy Policy;
(e) You will comply with all local, provincial and federal laws and
regulations governing your actions under this Agreement; and
(f) You have full power and authority to enter into this Agreement and to perform your obligations hereunder.
Without limiting its other remedies, FROG Internet may refuse or cancel
your account or Services at any time for any violation of the foregoing
promises.
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4. PAYMENT
You agree to pay FROG Internet any set-up fees and renewal subscription
fees listed on FROG Internet's website for the Service Plans you
select. Completion and submission of any Service activation form
authorizes FROG Internet to charge the credit card specified in your
registration for all such fees and any related taxes corresponding to
the selected Service. Such charges will be made on a yearly periodic
basis, coinciding with the subscription period for the selected
Service. Any failure to pay the amounts due under this Agreement will
be a material breach of your obligations under this Agreement. Without
limiting any other remedies available to FROG Internet, YOU AGREE TO
FULLY REIMBURSE FROG Internet FOR ANY COSTS AND EXPENSES THAT FROG
Internet MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO
COLLECT ANY SUCH UNPAID AMOUNTS.
Section 4.1 Price and Payment.
Customer shall pay FROG Internet Service fees, in Canadian Dollars, as
indicated at http://www.leaphere.com for the selected Service Plan(s)
or, if a FROG Internet Written Agreement accompanies this document, as
indicated by those terms. In addition to any Customer may be charged
non-recurring fees (e.g. setup fees) as indicated at this same Web
site, or as a FROG Internet Written Agreement specifies.
FROG Internet reserves the right to increase prices upon the expiration
of the Customer's contracted term. Price increases shall be posted on
FROG Internet's web site 30 days prior to taking effect. FROG Internet
agrees to submit written notice to the primary email on record for the
Customer at least 30 days prior to taking effect.
Section 4.2. Method of Payment.
FROG Internet accepts payment by Credit Card (Visa, MasterCard) and
Cheque via mail and PayPal. All charges and service fees (including
returned check fees) will be determined by FROG Internet.
Section 4.3. Credit Card Chargebacks.
Anytime a Chargeback Request is received from our Merchant, FROG
Internet reserves the right to immediately suspend Customer's Account
until the Chargeback Request has been formally resolved between FROG
Internet and the Merchant Service Authority. This process may take up
to, and possibly more than, a week. If you are disputing a billing
error, FROG Internet encourages Customer to first contact FROG
Internet's Customer Service to resolve any discrepancies to avoid
having Customer's Account suspended upon notification of a Chargeback.
FROG Internet reserves the right to refuse any additional service to
Customer while a Chargeback Notice is pending investigation by the
Merchant Service Authority.
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5. PRICING CHANGES AND OTHER MODIFICATIONS
FROG Internet may change its Service fees, or any other terms of
this Agreement, at any time by updating the applicable pricing
information or other terms posted on FROG Internet's website. New
pricing terms will become effective (45) days after FROG Internet posts
such changes to its website. Changes to terms not related to pricing
will become effective fifteen (15) days after such notification. If you
do not agree to any changes posted by FROG Internet in accordance with
this Section, you must cancel your account or the affected Service as
provided herein before the given changes become effective; otherwise
you will be deemed to have accepted and agreed to the changes. |
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6. RENEWAL AND CANCELLATION OF SERVICES
Unless stated otherwise on FROG Internet's web pages applicable to a
given Service, each Service will be provided and billed on a yearly
periodic subscription basis, measured from the beginning of the
activation of the given Service. Subscriptions will NOT automatically renew.
You will be notified of the date when your service contract will expire
(for paid services). It is your responsibility to renew the service
before the expiration date by making a new payment in advance for the
next contract cycle. If payment is not received by the expiration date, your service will be removed (7) days after the expiration date.
At any time after activation of a Service, either you or FROG Internet
may cancel that Service (or FROG Internet may discontinue the Service
completely) by providing written notice to the other party, in which
case the Service will terminate on the date specified in the
cancellation notice. If no date is specified, the Service will
terminate at the end of the then-current billing period (for paid
Services) or calendar month. FROG Internet also reserves the right to
cancel any individual Service immediately and without notice in the
event that you breach any provision of this Agreement or any other
terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON
ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS
EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.
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7. TERM AND TERMINATION OF AGREEMENT
The term of this Agreement and the registered Services become
active on the date that FROG Internet RECEIVES FULL PAYMENT and will
continue in force until terminated according to this section. Upon
cancellation of all active Services, or any time thereafter, either
party may terminate your account and this Agreement by written notice
to the other party. FROG Internet also reserves the right to terminate
your account and this Agreement immediately and without notice in the
event that you breach any provision of this Agreement. No refunds will
be available on account of any termination of this Agreement, except as
expressly provided in the Section entitled "Refunds" below. Sections 10
through 13 of this Agreement shall survive and remain in effect
notwithstanding any termination of this Agreement. |
8. REFUNDS
If FROG Internet terminates this Agreement, your account, or any
Service prior to the end of any active subscription period, and if you
have not breached any provision of this Agreement, then you may request
a partial refund of the fees that you have paid for that subscription
period, based on the number of days remaining in the subscription
period at the time of such termination. If your termination request is
sent in writing (15) days after your registration then FROG Internet
will issue the appropriate credit. |
9. OWNERSHIP RIGHTS
You agree and understand that the Services and all graphic designs,
icons, tags, HTML & PHP code, computer programming, and other
elements incorporated therein are the exclusive property of FROG
Internet. In addition, you acknowledge that FROG Internet owns all
right, title, and interest in and to FROG Internet's trademarks, trade
names, service marks, inventions, copyrights, trade secrets, patents,
technology, software, and know-how related to the design, function, or
operation of the Service. Your rights to the Services are strictly
limited to the rights expressly granted in this Agreement. |
10. DISCLAIMER OF WARRANTY
FROG Internet makes no guarantees of any kind regarding the use or
the results derived from any Services in terms of dependability,
accuracy, security, timeliness, availability, reliability, or
usefulness. The Services and all related materials are provided "AS IS"
without warranty of any kind. FROG Internet hereby DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED
MATERIALS, INCLUDING ALL IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. FROG Internet DOES NOT WARRANT THAT THE OPERATION
OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE
SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE,
OR WEBSITE CONFIGURATIONS THAT YOU SELECT. |
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11. LIMITATION OF LIABILITY
IN NO EVENT WILL FROG Internet BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY
KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR
DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF
LAW OR EQUITY, AND WHETHER OR NOT FROG Internet IS NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT WILL FROG Internet's TOTAL, CUMULATIVE
LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY FROG
Internet FROM YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS
PRECEDING THE EVENTS OR CIRCUMSTANCES GIVING RISE TO LIABILITY, OR, IF
SUCH LIABILITY ARISES FROM ANY PARTICULAR SERVICE(S), THEN FROG
Internet'S LIABILITY WILL BE LIMITED TO THE FEES YOU HAVE PAID TO FROG
Internet FOR THE PARTICULAR SERVICE(S) DURING SUCH THREE-MONTH PERIOD.
Without limiting the foregoing, FROG Internet is not responsible for
any of your data residing on FROG Internet websites. You are
responsible for backing-up your data and information that may reside on
FROG Internet's websites or Network, whether or not such information is
produced through the use of the Service.
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12. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at FROG Internet's request)
defend FROG Internet and its officers, directors, and representatives
from and against any and all liability, damages, losses, costs, or
expenses (including but not limited to attorneys' fees and expenses)
incurred in connection with any claim related to (a) your breach of any
term, condition, representation, warranty, or covenant in this
Agreement; or (b) the information you supply to FROG Internet,
including your registration data. This obligation shall survive any
termination of your relationship with FROG Internet. |
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13. SOLE AND EXCLUSIVE REMEDY
If you are dissatisfied with any portion of any Service, your sole
and exclusive remedy is to cancel your account or your subscription to
the given Service according to this Agreement. No refunds are available
except as expressly provided in the Section entitled "Refunds" above.
This Agreement, along with FROG Internet's other terms, conditions, and
policies referenced herein, constitutes the entire agreement between
you and FROG Internet with respect to the Services. To the extent of
any conflict between this Agreement and FROG Internet's Website Terms
of Use, the Website Terms of Use will govern your general use of FROG
Internet's website, and this Agreement will govern your use of the
Services in particular. If any part of this Agreement is held to be
unenforceable, that part will be amended to achieve its intended effect
as nearly as possible, and the remainder of the Agreement will remain
in full force.
Failure or delay is due to circumstances beyond the party's reasonable
control, including without limitation, acts of any governmental body or
failure of the equipment. Except as provided otherwise herein, any
notice given under this Agreement will be made in writing by email and
will be effective (10) days after it is sent. You may not assign this
Agreement, and any attempt to do so is void. You acknowledge that your
account is part of the FROG Internet network, and, consequently, you
will receive periodic announcements and information regarding FROG
Internet's services. You may request to be removed from the network's
news mailing list at any time.
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14. QUESTIONS
If you have any questions about this Agreement or FROG Internet's
Services, please contact FROG Internet (www.leaphere.com). Thank
you for choosing FROG Internet for your website tools. We look forward
to doing business with you and hope you find our services valuable.
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