Real World Unreal World

It is important that you carefully read these terms and conditions before proceeding. When accepted by you they will form a legal agreement between you and Norman Fournier for the provision of services as defined.

Norman Fournier, is the owner, developer and distributor of the services associated with the web page building, management and hosting, including access to software which allows you the Customer to build and manage a website, and including additional features and upgrades and enhancements from time to time and such other services as agreed from time to time.

TERMS AND CONDITIONS

Application and Variation of these Terms: These terms and conditions are the terms on which Norman Fournier Creative provide the Services to you. These terms constitute the agreement in its entirety and supersede prior agreements. We may modify these terms, including the pricing for any of the Services, or give you notice under this Agreement, by notice on our website and/or by email.

Copyright: All reports and associated web site design, text, graphics, the selection and arrangement thereof, and all software is Copyright (c) 2000-2010 Norman Fournier Creative. All Rights Reserved. Copyright in the material contained within this site and reports subsist under the Copyright Act of Canada through international treaties, the laws of many other countries.

Term of Agreement: This Agreement made by you with Norman Fournier is for an initial term of 12 months and will then be renewed on our then current terms and conditions for successive 12 month terms, unless either party chooses not to renew it. Norman Fournier reserves the right to terminate this Agreement at any time on 30 days email notice to you.

Payment: The service fees are payable by you annually in advance. You are not entitled to a refund of fees for early cancellation of this Agreement (unless we terminate it other than by reason of your default). All other fees are payable within 7 days of the date of invoice. Accounts unpaid 60 days after date of invoice may have the Services interrupted or terminated. Such interruption does not relieve you the Customer of the obligation to make payments under this Agreement. Accounts in default may be subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. You agree, in the event of default, to pay Norman Fournier Creative its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement.

Fees are exclusive of any taxes which may be levied or assessed.. Any such taxes shall be paid by you the Customer. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, Customer must pay to Norman Fournier Creative an additional amount equal to the applicable GST amount with that payment and Norman Fournier Creative will provide to Customer a GST tax invoice.

Warranties: Certain legislation (including the Free Trade Act) may imply terms, warranties or conditions that cannot be excluded, restricted or modified (Statutory Warranties). Subject to the Statutory Warranties and to any other warranties given specifically:

all conditions, warranties and other provisions which might otherwise have been implied into this Agreement or otherwise in relation to the Services, are excluded;

the disclaimer in relation to Java Technology (which may be used in providing the Services) which appears below applies to this Agreement;

you acknowledge that all software (including that used to provide the Services) may have errors, and that it is therefore your responsibility to monitor and verify the use of the Services.

Limitation Of Liability: Where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and it is fair and reasonable to do so, the liability of Norman Fournier Creative to the Customer is limited, at the option of Norman Fournier, to:

if the claim relates to goods, repair or replacement of the goods or payment of the cost of having the goods replaced; and

if the claim relates to services, supplying the services again or payment of the cost of having the services supplied again.

To the extent permitted by law, the liability of Norman Fournier Creative to the Customer or any other person, whether in contract, tort (including negligence), under statute or otherwise, arising out of or in any way relating to this Agreement:

except as expressly stated in this Agreement, is excluded;

where it cannot be excluded, is limited in total to the fees payable by you for the Services; and

excludes liability for any indirect, secondary or consequential loss or damage or for loss of income, profits or anticipated savings or loss of opportunity.

And you, the user indemnify Norman Fournier Creative against any loss or claim arising out the use of the Services

TERMS AND CONDITIONS

Initial down time: From the time that Norman Fournier reserves a domain name on your behalf, there may be a period of between 4 and 72 hours before the Services under this Agreement become live. Care will be taken to minimize any such period, but Norman Fournier Creative does not guarantee nor take any responsibility for web site down time and loss of e-mail during this period.

Links and Publicity: By participating in this transaction you acknowledge and automatically authorize Norman Fournier Creative to use its name, and logo for the express and sole purpose of identifying you as a client of Norman Fournier in its Marketing material, both Print and Electronic. You automatically authorize Norman Fournier Creative to create a hyperlink from your web site to Norman Fournier Creative web sites. You may elect to withdraw your permission for the use of same, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain. Norman Fournier accepts no liability for, nor warrants the accuracy of content associated with any of its customer's web sites.

Trademarks and Intellectual Property Rights: Norman Fournier is the sole and exclusive owner of the Services and the underlying software code and all Intellectual Property Rights in relation to the Services. All improvements to the Services will remain the property of Norman Fournier. Norman Fournier shall have and retain sole ownership of its trademarks, including the goodwill pertaining thereto.

Acceptable Use: You the Customer will ensure that your web site content (and anything relating to your web site or to the Services) is not illegal; deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged community sector; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business. You will also ensure that your website is not used for any "spamming" activity or any misleading or deceptive conduct or other illegal or unethical marketing practice. You further warrant that nothing on your site will breach copyright; or will be contrary to the terms of any binding confidentiality or other agreement or will breach of any Privacy Act or equivalent or any other laws or legal requirement.

Norman Fournier may, but shall not be obligated to, immediately and without notice, terminate the provision of Services to you and remove your web site or your access to it, if in our reasonable opinion you may be in breach of this clause of this Agreement and such termination may take place immediately on detection of such conduct and without notice to you the Customer. You acknowledge that you shall have no remedy or recourse against Norman Fournier Creative.

Upon termination under this clause, Norman Fournier shall have the right to delete and/or destroy any and all of your site content and information, without accounting to you for such destruction.

You shall have no redress against Norman Fournier in respect of any loss or claimed loss arising out of anything done under this clause.

Notwithstanding termination under this clause, Norman Fournier shall be entitled to receive payment from you for the Services for the term of this Agreement currently in force at the time of such termination.

Norman Fournier does not accept liability for anything on your web site or which in any way relates to it and if any claim is made or threatened against Norman Fournier in respect of your web site or any use of the web site, you will indemnify and keep fully indemnified each of them.

Breach of Copyright: Norman Fournier does not condone activities and actions that breach the rights of copyright owners. It is your responsibility to obey all laws governing copyright.

Software License: Norman Fournier hereby grants you a non-exclusive, non-transferable license to use its software in object code form only, on a server controlled by Norman Fournier Creative, for the sole purpose of creating and maintaining a web site on the Norman Fournier Creative server, or on such other server as may be licensed by Norman Fournier Creative to host sites on its behalf, and under the terms and conditions of such license.

You may not copy or reproduce the software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. You are not licensed to use or install the software, other than as specifically authorised by Norman Fournier Creative.

JAVA DISCLAIMER:JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. (Sun Microsystems, Inc. has required the inclusion of this disclaimer.)

Trade and business obligations: You agree to comply with all requirements for the conduct of business applicable to persons conducting business both in Canada, and in your country of residence and in particular not to breach any export law or trade restriction by the sale or supply of goods or services on your web site.

Applicable law: Unless prohibited by the law of your place of residence, the laws of Edmonton, Alberta, govern this Agreement, and you submit to the jurisdiction of the courts of Edmonton.

Norman Fournier offers art direction, corporate identity, advertising, exhibitry and www creative. He can be reached at 604 971 5008 or by