Merritt Marketing Group Ltd. is one of the industry leaders in providing quality, client focused hosting and online marketing solutions. We do everything we can to make your business experience with us more enjoyable. One of those things we do - is clearly spelled out the terms and conditions under which we do business so that there will be as little ambiguity as possible. We want you to know exactly what you're getting and how much it costs with no surprises for you or us.
This User Agreement ("Agreement") is an agreement between Merritt Marketing Group Ltd. ("Merritt Marketing Group") and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Merritt Marketing Group Ltd. USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Merritt Marketing Group Ltd. reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Merritt Marketing Group. Activation of the Services shall indicate Merritt Marketing Group's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Merritt Marketing Group will provide to Customer the Services selected by Customer set forth on the Order Form.
1. Usage Policy
Under this Agreement, Customer shall comply with Merritt Marketing Group's then current "Usage Policy", as amended, modified or updated from time to time by Merritt Marketing Group, which currently can be viewed at http://www.merrittmarketinggroup.com/home/terms-conditions, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. Merritt Marketing Group does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, Merritt Marketing Group may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event Merritt Marketing Group takes corrective action due to a violation of the Usage Policy, contained in this agreement, Merritt Marketing Group shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Merritt Marketing Group shall have no liability to Customer or any of Customer's customers due to any corrective action that Merritt Marketing Group may take (including, without limitation, disconnection of Services).
Merritt Marketing Group may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. Merritt Marketing Group may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on Merritt Marketing Group's website or two days after the sending of a notice by Merritt Marketing Group to Customer by email or conventional mail. If any material modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 3. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. Merritt Marketing Group reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
3. Term; Termination; Cancellation Policy.
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by Merritt Marketing Group in the event of nonpayment by Customer, (ii) by Merritt Marketing Group, at any time, without notice, if, in Merritt Marketing Group's judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in Merritt Marketing Group's judgment, could disrupt, Merritt Marketing Group's business operations and (iii) by Merritt Marketing Group in accordance with Sections 1, 8, and 9 of this Agreement.
If Merritt Marketing Group cancels this Agreement prior to the end of the Term or you cancel this agreement prior to the end of the Term, Merritt Marketing Group shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term.
4. Billing and Payment.
Currency of Transactions
- All transactions are in the currency of Canadian Dollars
- The setup fee is required before service is activated, if applicable.
- The setup fee and domain name registration fee are non-refundable.
- The minimum contract is 1 month.
- Full payment of the setup fee, if applicable, and, if the account is not a domain transfer, the domain name registration fee, are required before any hosting service is rendered.
Payment Method - PayPal and/or Stripe
- Merritt Marketing Group accepts only credit card payments (Visa, MasterCard, American Express, Discover) through PayPal and separately regular Visa and Mastercard transactions through PSIGate and Stripe.
- Online credit card payment is authorized and assessed in real time.
- Once an order is successfully submitted, the client is subject to Merritt Marketing Group's refund policy.
- Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
- If payment is not received on time, then the account is cancelled.
- Merritt Marketing Group reserves the right to change prices at any time.
- All monetary transactions will occur in $CAD dollars.
- Additional features such as disk space and extra bandwidth can be added at any time and are billed monthly.
- Monthly additional feature prices are not prorated.
- Add on annual services through third-party partners are billed yearly and cannot be pro-rated once it is purchased.
- Add on costs are non-refundable regardless of whether the service was used.
- Credit Card: Charges are assessed in real time for the current month and every upcoming month until the end of their billing cycle.
- Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
- Additional services will be activated when payment is received.
Renewal and Billing Schedule
Merritt Marketing Group automatically renews your account based on your previous payment option. Those who have chosen the yearly payment option will automatically be renewed for another year unless Merritt Marketing Group is contacted prior to the anniversary date of your service. The same schedule applies to those accounts that have opted for quarterly payment.
5. Merritt Marketing Group as Reseller or Licensor.
Merritt Marketing Group is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Merritt Marketing Group Product"). Merritt Marketing Group shall not be responsible for any changes in the Services that cause the Non-Merritt Marketing Group Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Merritt Marketing Group Product either sold, licensed or provided by Merritt Marketing Group to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Merritt Marketing Group's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Merritt Marketing Group Product are limited to those rights extended to Customer by the manufacturer of such Non-Merritt Marketing Group Product. Customer is entitled to use any Non-Merritt Marketing Group Product supplied by Merritt Marketing Group only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Merritt Marketing Group to Customer through any Non-Merritt Marketing Group Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Merritt Marketing Group Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
6. IP Address Ownership.
If Merritt Marketing Group assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Merritt Marketing Group, and Customer shall have no right to use that Internet Protocol address except as permitted by Merritt Marketing Group in its sole discretion in connection with the Services, during the term of this Agreement. Merritt Marketing Group shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Merritt Marketing Group, and Merritt Marketing Group reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Customer expressly (i) grants to Merritt Marketing Group a license to cache the entirety of the Customer Content and Customer's website, including content supplied by third parties, hosted by Merritt Marketing Group under this Agreement; and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
8. CPU Usage.
Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Merritt Marketing Group's servers. Any violation of this policy may result in corrective action by Merritt Marketing Group, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Merritt Marketing Group's sole and absolute discretion. If Merritt Marketing Group takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
9. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Merritt Marketing Group will monitor Customer's bandwidth and disk usage. Merritt Marketing Group shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Merritt Marketing Group's sole and absolute discretion. If Merritt Marketing Group takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
10. Property Rights.
Merritt Marketing Group owns all right, title and interest in and to the Services and Merritt Marketing Group's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Nothing in this Agreement constitutes a license to Customer to use or resell the Marks.
11. Customer Website; ECommerce; Customer Warranties.
Customer shall be solely responsible for the development, operation and maintenance of Customer's website, online store and ecommerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its website or online store.
Customer is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Merritt Marketing Group servers). Merritt Marketing Group is not responsible for any lost files, information, or data. Merritt Marketing Group does not provide any file retrieval services.
Customer understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. Merritt Marketing Group reserves the right to modify the processing times at any time without notice. If a client or Merritt Marketing Group support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.
Customer represents and warrants to Merritt Marketing Group that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Merritt Marketing Group the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
12. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained through or from Merritt Marketing Group, at Customer's own risk. Customer acknowledges and agrees that Merritt Marketing Group exercises no control over, and accepts no responsibility for, the content of the information passing through Merritt Marketing Group's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Merritt Marketing Group, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "Merritt Marketing Group PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Merritt Marketing Group PROVIDES. NO Merritt Marketing Group PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Merritt Marketing Group IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Merritt Marketing Group. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Merritt Marketing Group PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Customer agrees to indemnify, defend and hold harmless Merritt Marketing Group and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
14. Limitation of Liability.
Customer agrees that no Merritt Marketing Group Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Merritt Marketing Group at the time) which may exist in the Services or Merritt Marketing Group's equipment used to provide the Services.
Under no circumstances, including negligence, shall any Merritt Marketing Group Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Merritt Marketing Group has been advised of the possibility of such damages. No Merritt Marketing Group Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Merritt Marketing Group's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Merritt Marketing Group's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if Merritt Marketing Group takes any corrective action under this Agreement because of an action of Customer or one if its customers or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Merritt Marketing Group shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Merritt Marketing Group.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
15. Force Majeure.
Merritt Marketing Group shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
16. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by British Columbia law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in British Columbia. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall Kelowna, British Columbia, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in person and jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.
Customer shall not have the right to assign this Agreement without the prior written consent of Merritt Marketing Group. This Agreement shall be binding upon and inure to the benefit of Customer and Merritt Marketing Group and their successors and permitted assigns.
18. Entire Agreement; Severability.
This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
Acceptable Use Policy
This is Merritt Marketing Group's Acceptable Use Policy, which supplements the service agreement of each user of Merritt Marketing Group's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using Merritt Marketing Group's services, network and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. Merritt Marketing Group will revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on Merritt Marketing Group's website at http://www.MerrittMarketingGroup.com, will constitute such person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Merritt Marketing Group is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Merritt Marketing Group has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the Internet community from the negative effects of "spam" related activity. Merritt Marketing Group defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
1. Merritt Marketing Group customers, or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Merritt Marketing Group may consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion.
2. Merritt Marketing Group customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.
3. Merritt Marketing Group customers will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service.
4. Merritt Marketing Group customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
5. Valid complaints received by Merritt Marketing Group will be forwarded to the customer for a response and resolution. If within twenty-four (24) hours there is no response, Merritt Marketing Group may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with Merritt Marketing Group when it changes.
6. If Merritt Marketing Group receives repeat complaints indicating that a problem has not been resolved, Merritt Marketing Group reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
Pornographic Material and Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available pornographic material and child pornography is prohibited. Merritt Marketing Group is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services. Your account will be terminated if we discover pornographic material or directories of any sort on our servers.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by Merritt Marketing Group, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Merritt Marketing Group will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in Merritt Marketing Group's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, Merritt Marketing Group's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Merritt Marketing Group's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with Merritt Marketing Group in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.
In general, Merritt Marketing Group does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when Merritt Marketing Group becomes aware of any violation of this Usage Policy or its User Agreement, Merritt Marketing Group may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Merritt Marketing Group may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. Merritt Marketing Group reserves the right to take any such action even though such action may affect other customers of the Subscriber.
Merritt Marketing Group may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Merritt Marketing Group or others from harm, and/or to ensure the proper operation of the Services. Merritt Marketing Group has no obligation to notify any person, including the Subscriber about whom information is sought, that Merritt Marketing Group has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, Merritt Marketing Group has adopted a policy that provides for termination of websites hosted by Merritt Marketing Group that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Merritt Marketing Group or its subsidiaries, and the copyright holder wants Merritt Marketing Group to remove the website or disable the material in question, Merritt Marketing Group will remove the website or disable the material if the copyright holder provides us with all of the following information: 1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. 2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. 3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted. 4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Notices should be directed to:
Merritt Marketing Group
PO Box 2749
Merritt, British Columbia
Canada V1K 1B8