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THIS AGREEMENT is made and entered between Evanly.com Web Services, a division of Evanly.com, of 358, 1027 Davie Street, Vancouver, British Columbia, Canada, V6E 4L2 and the Customer, who wishes to use the services of Evanly.com in accordance with Evanly.com policies and standards. 1. SERVICE DESCRIPTION: As a World Wide Web service provider, Evanly.com provides Internet web hosting, email service, and associated services. Customer wishes to connect to the World Wide Web utilizing the resources of Evanly.com to establish an Internet connection and/or web presence. 2. CONDITIONS: The application and this Agreement constitute a legal and binding contract between Evanly.com and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for costs incurred by Evanly.com concerning the set-up of the web space. All cancellations must be in accordance with Evanly.com billing policies. All cancellations shall be in writing and delivered via postal mail, Email or facsimile to the accounts receivable department of Evanly.com with telephonic confirmation. Wedding Agency is Faith: russian brides. How to find love and make a match? 3. WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that Evanly.com makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Evanly.com shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. 4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Evanly.com is at the Customer's sole and absolute risk. Evanly.com specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. 5. DOMAIN NAME: If Evanly.com shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Evanly.com, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Evanly.com for any reason. 6.
PAYMENT: The set-up fee and hosting payment are due at the time
the customer receives the invoice from Evanly.com. In the event
that the Customer fails to pay for such services upon receipt of
invoice, Evanly.com shall be entitled to unilaterally terminate
this Agreement and discontinue the service until payment is made. 7. UNILATERAL SERVICE REVOCATION: In the event that Evanly.com may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Evanly.com may immediately discontinue such service to the Customer without liability. This will include but not be limited to failure to pay, illegal content and unsolicited email. 8. INDEMNIFICATION: The Customer shall indemnify and hold harmless Evanly.com from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Evanly.com and Evanly.com officers, directors, and employees for any service provided to Customer by Evanly.com to include web space content that violates any copyright, proprietary right of any person, provincial and federal regulations, or contains any matter that is libellous or scandalous. 9. CHANGES IN TERMS OF AGREEMENT: Evanly.com reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the on-line information to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). 10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space and services constitute the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement. 11. RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint ventures, or any other similar entity. 12. GOVERNING LAW: This Agreement shall be governed by the laws of the Province of British Columbia in Canada. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Vancouver, British Columbia, Canada. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees. 13. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect. 14. CONFIDENTIALITY: Customer acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of Evanly.com or are licensed to Evanly.com and may not be utilized or released without the express written permission of Evanly.com. 15. INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunications /Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party. 16. EMERGENCY CONTACT: You will be provided with an emergency contact email address upon signing up for service. In the unlikely event there is a significant problem with services provided and you are unable to make contact with EscortX.net by either telephone or email for a period of more than 12 hours you will be authorized to use the emergency contact email address going directly to our server maintenance personnel. Any use of said email address which does not meet the specified terms, including but not limited to testing its functionality, will result in a surcharge of $50. By
ordering services by mail, Email, online application or by placing
an order telephonically, customer agrees to all the terms and conditions
of this Agreement.
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