FTP AND HOSTING 
All Files uploaded to the server must not violate copyrights, must be legal, must not be malicious or offensive in nature and must be virus free. Files that can be seen by the public must be suitable for family viewing (no adult or explicit material).

All forms, scripts, programs and/or databases uploaded to the server must be "bug free" and fully functional. Under no circumstances should any executable program or file like .exe, .com, .pl and/or .dll files be uploaded without written authorization from Kwiksites Corp. There must be no broken links or incorrect paths.

Anyone who uploads a virus and/or virus infected file, whether knowingly or unknowingly, will be responsible for the full cost of repairing and restoring the affected server or servers.

E-MAIL

Users are prohibited from sending unsolicited bulk e-mail and/or from the receiving of responses from unsolicited bulk e-mail in an e-mail address hosted by Kwiksites Corp.   Kwiksites Corp. reserves the right to suspend service immediately upon indication of unsolicited bulk e-mail and will suspend service at their sole discretion.
Users are prohibited from sending e-mail that is illegal, terrorist in nature, threatening and/or harassing 
Users agree not to intercept or redirect e-mail intended for others 
Users agree not to maliciously send files with either corrupted data or viruses 
Users will not use impersonation or use a different name or address with the intent of misleading the receiver into believing that the sender is someone other than who they are.

FTP and Web Hosting 
All Files uploaded to the server must not violate copyrights, must be legal, must not be malicious or offensive in nature and must be virus free. Files that can be seen by the public must be suitable for family viewing (no adult or explicit material).

All forms, scripts, programs and/or databases uploaded to the server must be "bug free" and fully functional. Under no circumstances should any executable program or file like .exe, .com, .pl and/or .dll files be uploaded without written authorization from Kwiksites Corp. There must be no broken links or incorrect paths.

Anyone who uploads a virus and/or virus infected file, whether knowingly or unknowingly, will be responsible for the full cost of repairing and restoring the affected server or servers.

It is the responsibility of the client to maintain a backup copy of any their images, webpages and/or files, whether uploaded by the client, an agent/reseller or Kwiksites Corp.

WARRANTY - Kwiksites Corp. will use its best efforts to maintain connectivity to the Internet, but will not be liable for any damages, consequential or otherwise, for any interruptions of service, irrespective of the cause of such interruptions. 

GENERAL 
Payment for all accounts must be in hand on or before the start of service or on or before the expiry date. 
Please verify that the following information
is correct. If there are any corrections please
e-mail: crn@kwiksites.com
We thank you for your business. We look forward to a long and lasting relationship with you. 
1) Please make note of the following:

a. Customer Service
b. Voice (888-206-2121) 
c. Fax (888-242-0186)

The breakdown of the charges are as follows:

Based on the hosting section on the website
*Minimum one year sign up required.

30 day money back guarantee from date of signing on 
Website Design Services less 
$125 administration fee

There is no refund on hosting fees.  All Interactive KwikTools™ are under license and are only available only on Kwiksites servers.  To receive a copy of the graphical portion of the website, there will be a $75 export fee to cover administration and/or archive fees.


Continuation and ongoing usage of our website hosting program and other service,  binds you to the following:

Please note:  It is the responsibility of you as a client to ensure that all information that is necessary to complete your website and/or make changes on your website is sent to our office either via email crn@kwiksites.com or at the mailing address below.

If you should have any questions or comments, please feel free to
email us at crn@kwiksites.com or phone us at either (888-206-2121

**Note**

The governing agency which assigns domain names, InterNic, will charge a fee for registering domains. The initial charge is approximately  $50,which will pay for one year registration  You are responsible to ensure your Domain name is renewed on or before the renewal date.  If  you would like us to renew your domain name, please contact our office with your credit card information.  Domain name renewal will only be accepted with Credit Card info.

"Customer" means an end user who is utilizing services provided by Kwiksites.

Prices
A: All prices for Plans provided by Kwiksites to Customer are CA dollars and/or converted to US Dollars.

B: Customer shall be responsible for paying all taxes of any nature which become due with regard to the Kwiksites services, except for taxes on Kwiksites's income, irrespective of which party may be responsible for reporting or collecting such taxes.

Order acceptance, Payment
A: All orders are subject to acceptance by Kwiksites. An order will be deemed accepted by Kwiksites when written confirmation of the orders is sent to customer. Kwiksites may refuse to accept any order, or delay acceptance pending fulfillment of conditions Kwiksites may choose to impose. Such refusal or such conditions may not be unreasonable, however, and Kwiksites agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order.

B: Payment and Terms: Payment shall be made  to Kwiksites into the account designed by Kwiksites, or as may otherwise be agreed in writing by the parties. Payments are due upon account activation and future renewal. Parties making payment by one of the following payment methods for renewals will receive a notification via the CA mail system:

1)Purchase Orders, 
2)Checks, 
3)Money Orders or 
4)Autodrafts. Notifications will be mailed or emailed out thirty (30) days prior to the renewal date. Parties making payment by credit card for renewals will receive a notification five (5) days prior to the renewal date via email. Should payment in full of any invoice not be received by Kwiksites prior to the  renewal date, Kwiksites  may discontinue, withhold, or suspend services to customer and/or its customer(s) to whom such unpaid amounts relate.  A reactivation fee of $75 will apply to any unpaid suspended accounts

DUTIES OF Kwiksites:
Kwiksites will acquire, on request, an Internet Domain Name on behalf of the customer. In such case the customer hereby must waive in writing prior to acquisition of said domain name, any and all claims which it may have against Kwiksites 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 services by Kwiksites for any reason. Any cost of Kwiksites in obtaining or maintaining a domain name for customer or its customers shall be immediately reimbursed to Kwiksites upon invoice from Kwiksites to customer.

Rules and Regulations

Kwiksites may impose reasonable rules and regulations regarding the use of its services from time to time. 

LIMITATION OF Kwiksites's OBLIGATIONS AND LIABILITY
A: Kwiksites will utilize its best efforts to maintain acceptable performance of services contracted for services, but Kwiksites makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose.   Kwiksites cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via the Internet. Kwiksites will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or sorted on its system.  Kwiksites shall not be liable to customer or any of its customers for any claims or damages which may be suffered by customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by ,or resulting from, delays, nondeliveries, or service interruptions whether or no caused by the fault or negligence of Kwiksites.

B: Kwiksites may discontinue servicing any plan, or may require fulfillment of conditions Kwiksites may choose to impose as a perquisite for continuing to service any plan. Unsolicited e-mail using machines controlled by Kwiksites or unsolicited e-mail to advertise web pages hosted at Kwiksites (even if messages are sent via other e-mail providers)are unacceptable.

C: Service provided by Kwiksites to a customer shall be deemed accepted for all purposes fifteen days from activation or renewal for such services, if no written claim or objection regarding such services has been received by Kwiksites within the (15)day period. No claim related to such accepted services shall be raised.

D: Kwiksites's liability to customer, and any end user of any plan or other Kwiksites services is limited to the amount paid to and received by Kwiksites for services not accepted. In no event shall Kwiksites be liable to customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Kwiksites has been advised of the possibility of such damage; and shall not be liable for any lost profits, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever

E: Customer will take all necessary measures to preclude Kwiksites from being made a party to any lawsuit or claim regarding Kwiksites services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless Kwiksites from any and all claims of whatever nature brought by any of Customer's customers against Kwiksites in excess of the remedy set forth in paragraph 6 (D).

PROPERTY RIGHTS
Kwiksites owns all right, title and interest in Kwiksites's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of plans and the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to customer to use Kwiksites's trade names of service marks. The use by customer of the other property rights mentioned here is authorized only for the purpose of marketing and selling Plans in the territory.

Kwiksites reserves the right to use all customer websites designed, whether hosting or not, websites in promotion materials, either print or online.

CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with Kwiksites hereunder, it may have access to certain information and materials to Kwiksites's business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to Kwiksites, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Kwiksites. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement there shall be no use or disclosure by the customer of any such confidential information in its possession, and all confidential materials shall be returned to Kwiksites or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Kwiksites shall be entitled to injunctive relief, which relief shall not be contested by customer.

RELATIONSHIP OF THE PARTIES
The relationship between Kwiksites and customer is that of vendor and vendee.  They shall not be construed as being joint ventures, franchiser/franchisee, agent/agency, dealership/dealer or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement.  Customer has no authority, apparent or otherwise, to contract for or on behalf of Kwiksites, or in any way legally bind Kwiksites in any fashion, nor shall Customer be authorized to make any representations about Kwiksites or its services other than to set forth Kwiksites's responsibilities as outlined in this agreement.

DISPUTES
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved shall take place in Calgary, Alberta, or at another location if the parties so agree. 

Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

TERM, TERMINATION

This agreement shall run in accordance with the term of the initial order.
All terminations should be faxed to 888-206-2121 or you can mail a hard copy to Kwiksites Corp., 46 Gleneagles View, Cochrane, AB, T4C 1P1 The account will not be  renewed unless:

A: By customer, by notifying Kwiksites in writing thirty (30) days prior to renewal of this agreement. If notification is not received 30 days prior then the hosting agreement will be cancelled.   

B: Kwiksites, upon thirty (30) days written notice, if customer breaches any material and substantial provision of this agreement and has not cured by the end of the thirty (30) days.

C: Cancellation of services, set up fees, installation fees, host system change, parking fees, provisioning, ecommerce catalogue and consulting fees are non-refundable.

D: Notification must be received within 30 days of the original order being placed, but does not include hosting or ecommerce catalogues

E: For changes to your account being method of payment or to update information
email: crn@kwiksites.com

F: Non-payment on renewals

G: All NSF checks will not be redeposited. Another method of payment will have to be used. A cashier cheque, ,money order, or credit card can be used. The web site will be on hold until payment is received.

1) Kwiksites provides customer with written notice of the specific reasons for its belief in this regard, and

By Kwiksites, immediately upon giving written notice to customer, in the Event that:

1) Any bank draft or check delivered by customer to Kwiksites in payment for products is returned unpaid and customer fails to remedy such nonpayment within five (5) business days. A $50.00 fee will be charged to customer for
returned checks.

2) Customer becomes more than thirty (30) days in arrears in payment of its account with Kwiksites;

3) There are instituted bankruptcy or insolvency proceedings against customer, which are not vacated within thirty (30) days from the date of filing;

4) Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or

5) Customer makes an assignment of all or part of its assets for the benefit of creditors.

E: By Kwiksites immediately, if Customer attempts to assign all or any part of this Agreement without Kwiksites's prior written approval;

F: By Kwiksites immediately, if customer fails to inform Kwiksites in writing immediately on the happening of any event specified in this section;

G: By customer, immediately upon giving written notice to Kwiksites, if

1) There are instituted bankruptcy or insolvency proceedings against Kwiksites, which are not vacated within thirty (30) days from the date of filing;

2) Kwiksites institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;

3) Kwiksites makes an assignment of all or part of its assets for the benefit of creditors; or

The provisions of paragraph survive any termination of this agreement.

NON-ASSIGNABILITY
Customer 's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Kwiksites which consent shall not be unreasonably refused.

PARTIAL INVALIDITY 
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Kwiksites and customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provisions.

APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes place when accepted by Kwiksites in Calgary, It is to be governed by and constructed under the laws of the Province of Alberta and Canada. The Provincial Courts of the Province of Alberta shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to 1)the jurisdiction of the courts of Alberta and 2)service of process being effective on it by mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Kwiksites. 

 NOTICES
All notices may be sent by e-mail, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission shall be retained.

ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. 

Kwiksites Corp.
crn@kwiksites.com