Terms

Agency 2525 Strategies, also known as Agency 2525, and its affiliates including Visual.Net provides a variety of Internet and marketing services subject to the customer's compliance with the terms and conditions set forth in this policy.

Agency 2525 reserves the right to modify these policies and operating rules at any time. It is the customer's responsibility to check this document regularly. The customer's continued use of the service shall be deemed to be an acceptance of these policies and operating rules. It is the responsibility of the customer to remain up to date with regard to system notices and schedules. This includes reading any and all mailings from Agency 2525 to our customers.

1. Agency 2525 reserves the right to revise or discontinue any or all pricing options, time packages, special discounts, or any other aspect of the service at its sole discretion and without prior notice.

2. Agency 2525 reserves the right to send its customers periodic email messages outlining new services, features, prices, etc. and/or important system announcements such as upgrades and maintenance shutdowns.

3. Agency 2525's failure to insist upon or enforce strict performance of any term or condition in this policy shall not be construed as a waiver of any term or condition or right.The registered owner of an account is responsible for the actions of all parties using that account. It is the responsibility of the customer to ensure that all contact information provided is accurate and complete and kept current.

4. Force Majeure: Agency 2525 shall not be responsible for any failure to perform any obligation or provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages or other similar force beyond such Agency 2525's reasonable control. Agency 2525 will have the final say on what constitutes a violation of these terms and conditions.

5. OF AN AGENCY 2525 SERVICE CONSTITUTES AN UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICE. ANY VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE SERVICE WITHOUT REFUND.

6. Indemnity: You agree to indemnify, hold harmless, and defend Agency 2525, its officers, employees, staff, agents, contractors, and subsidiaries, from and against any claims, actions, damages, liabilities, legal fees, losses, and other expenses in relation to any claims or actions brought against Agency 2525 arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of any website, database, or software product developed, maintained or adapted by Agency 2525, or arising out of any breach by you of use, misuse, copyright, Terms and Conditions, or other liabilities arising out of your use of other websites, information and/or materials.

7. Governing Law: This agreement shall be governed by the laws of the Province of British Columbia, Canada.

   Use of Services

   1. The Customer agrees to use Agency 2525's services only for lawful purposes, in compliance with all applicable laws.

   2. Acceptable Use: Customers are expected to exhibit good netiquette. Adult content is not permitted. Other specific activities that are prohibited include, but are not limited to: threatening harm to persons or property or otherwise harassing behavior; fraudulently representing products/services using customers accounts; facilitating, aiding, or encouraging any of the above activities. In all cases Agency 2525 has the final say on what does and does not constitute an Acceptable Use.

   3. Violations: Agency 2525 reserves the right to investigate suspected violations of these Guidelines. When Agency 2525 becomes aware of possible violations, Agency 2525 may initiate an investigation which may include gathering information from the Customer or Customers involved and the complaining party.

   4. During an investigation, Agency 2525 may block access to customer's email services provided by Agency 2525. If Agency 2525 believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of customer's email and/or other services provided by Agency 2525, and the suspension or termination of the customer's service.

   5. Agency 2525, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the Customer to criminal or civil liability. Violations may also result in additional charges or fines being levied against violating customers, regardless of whether such customers have been found guilty in a court of law.

Email and Related Services

1. Email service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Agency 2525 or its employees shall create a warranty.

2. Agency 2525 does not guarantee that email is 100% reliable, nor instantaneous. In no instance shall Agency 2525 be held liable for any email difficulty, suspension, lack of service, customer action, outcome, nor inaction of any Agency 2525's customers resulting from email. Under no circumstances shall Agency 2525 be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from the customer's use of or inability to use email or to access the Internet for email use, or the customer's reliance on or use of information services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.

3. Agency 2525 will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in the "Webspace and Use of Material" section below, Agency 2525 may take action as outlined in section A above.

4. Agency 2525 Customers may not send email in any way that may be illegal. Agency 2525 recognizes that email is an informal medium; however, Customers must refrain from sending further email to a user after receiving a request to stop.

5. Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Agency 2525 Customers may send advertising material only to addresses which have specifically requested that material.

6. When sending email messages, customers must refrain from activities such as forging headers and sending unsolicited email (commercial or otherwise), commonly known as SPAM. Agency 2525 Customers may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages. Customers who send SPAM may be charged up to $1000 CDN in cleanup fees.

7. Agency 2525 Customers may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many Customers or sending large or multiple files or messages to a single user with malicious intent.

8. Violations of the Agency 2525 policies outlined in this document can sometimes result in massive numbers of email responses. If an Agency 2525 Customer receives so many emails that Agency 2525 resources are affected, Agency 2525 staff may block access to the customer's equipment at the router level.

9. Email checking: Customers may choose to set their email programs to automatically check for incoming email messages (retrieve). If customers choose to do this, it is recommended that they retrieve email at a minimum of every fifteen minutes. If email is being retrieved more often than every 15 minutes, and causes excessive strain on the mail servers, then that particular email account may, at Agency 2525's transgression, be turned off or have the password changed until the problem can be corrected. In such case it is up to the customer to contact Agency 2525. Agency 2525 shall not be held liable for any customer action, outcome, nor inaction resulting from this email suspension.

10. Spam filters: The use of spam filters is at the customers own risk. Agency 2525 will not be held liable for any legitimate email messages labelled as spam, or bounced as spam. Agency 2525 will not be held liable for any spam of any sort that bypasses the spam filters.Webmail: Use of webmail is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Agency 2525 or its employees shall create a warranty. Agency 2525 makes no guarantee as to the readability or preview-ability of any email messages read via webmail.

    Domains

    1. WHOIS: As a general practice, when we manage the registration of our customers domain name(s), we tend to put the registration in our customers name, and to put the contact details of postal address, telephone numbers and email addresses to be Agency 2525's. We do this to reduce the amount of spam our customers would otherwise receive, and to make it easier for us to administer these domain names. Customers who disagree with this and want to have all of their contact details on the public record of their domains, contact us.

    2. The service we offer to our customers and clients includes managing all aspects of their domain names, including, but not limited to, registration, renewal, management, troubleshooting, leasing, selling, and expiring. Our customers are free to fully manage all aspects of their domain names. Note that any subsequent consultation or troubleshooting will be billed at our rates in effect at that time.

    3. Legal Requirements: We are an OpenSRS Reseller, and are therefore bound by certain obligations and requirements under the 2009 Registrar Accreditation Agreement (RAA) between the Internet Corporation For Assigned Names and Numbers (ICANN) and its accredited registrars. Here is a plain language ICANN document of registrant rights and responsibilities that currently exist: Registrants Rights and Responsibilities.

    4. Renewals: we follow the practice of opting out for domain renewals. This means that about ten days before a domain name expires, we will contact the account holder to remind them. If we receive no response, we will renew the domain name in question, and will invoice the customer.

    5. Outstanding Balance: If a customer has an account outstanding with us, and has not made arrangements to to bring this account up-to-date, and if we consequently shut down the website for non-payment, we reserve the right assume total ownership of the domain name(s), and to lease or sell the domain name(s) in order to recover our costs. If we receive more money than the amount outstanding from the account, we will keep the difference. We also reserve the right to send the account to collections.

    6. Transfer: Accounts must be paid in full in order for control of a domain name and/or website to be transferred to another party.

    7. Abandoned: A customer who cancels a project with domain names that Agency 2525 registered, must inform Agency 2525 in writing about what the customer intends to do with the domain names. If no arrangements have been made with Agency 2525, the domain name(s) will be considered to have been abandoned. Agency 2525 reserves the right to assume total ownership of the domain name(s), and to lease or sell the domain name(s) in order to recover our costs. If we receive more money than the amount outstanding from the delinquent account, we will keep the difference. We also reserve the right to send the account to collections.

    8. Overdue Accounts: In the event of your account falling more than 90 days behind, we reserve the right to shut down your website and email, and sell or lease your domain name.

System Security

1. The Customer is prohibited from utilizing Agency 2525 services to compromise the security or tamper with system resources or accounts on computers at Agency 2525 or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password-guessing programs, cracking tools or network probing tools.

2. Agency 2525 reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Agency 2525 will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Passwords

1. Agency 2525 Customers are responsible for the security of their passwords. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language.

2. The Customer is responsible for changing his or her equipment password regularly.

3. Each Agency 2525 customer is responsible for keeping secure and confidential all passwords, and for changing these passwords if the customer feels that the security of these passwords has been compromised.

4. A Customer with an insecure password may be directed to change the password to one which complies with the above rules.

5. Customers who repeatedly choose insecure passwords may be assigned a password by Agency 2525.

Privacy Policies

1. For each visitor to our websites, our web servers automatically recognize consumers' domain name and/or IP addresses.

2. We collect the email addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and user-specific information on what pages consumers access or visit.

3. With respect to cookies: We use cookies to store visitors' preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, customize Web page content based on visitors' browser type or other information that the visitor sends.

4. If you do not want to receive e-mail from us in the future, please let us know.

5. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries), contact information (e.g., name, address, phone number) that we maintain about them.

6. Consumers can access this information by contacting us.

7. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by contacting us.

8. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

9. If you feel that this site is not following its stated information policy, contact us.

Cancellation

1. Either the client or Agency 2525 may terminate this agreement with one month's notice in writing for an account in good standing.

2. Accounts must be paid in full in order for control of a domain name and/or website to be transferred to another party.

3. Cancelling clients must give 30 days notice to Agency 2525 for termination of services. Or in lieu of 30 days notice, they will be charged for an additional month of service.

4. All requests for domain name changes and transfers must be done via email.

5. Projects on hold and abandonment of projects: If you do not keep in regular communications with us, or wish to put the project on hold, Agency 2525 will send you an invoice for work completed to date. After a period of three months of inactivity, we will deem your project on hold and issue a work-to-date invoice, which must be paid before work on your project can resume. If you decide to abandon the project at any time, a work-to-date invoice will be issued. Once it is paid and your account is brought up-to-date, all content, logos, graphics, or any other materials supplied by you to Agency 2525, will be delivered to you on CD.

Disclaimer

1. All information found on the Agency 2525 website is Copyright Agency 2525. All Rights Reserved. No documentation or information on this website may be copied, reproduced, distributed, republished, downloaded, displayed, or transmitted in any form without the express written consent of Agency 2525.

2. In no instance shall Agency 2525 be held liable for any damages relating to this website whatsoever. In particular Agency 2525 shall not be liable for direct, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Agency 2525 website, any Agency 2525 product or service, nor any email accounts supplied by Agency 2525. This includes damages arising from use of or in reliance on the documents or information present on any Agency 2525 website (including any information obtained through any links on an Agency 2525 website, even if Agency 2525 has been advised of the possibility of such damages).

3. Use of the Agency 2525 website, and any customers' websites, is at your own risk. Agency 2525 is not responsible for the accuracy of the information contained on the Agency 2525 website, and any customers' websites. Agency 2525 reserves the right to make changes to the website at any time without notice.