Provision of Service(s)

Novelmail reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between Novelmail  and the Client under this Contract.
These Conditions together with any terms set out in the Agreement between  Novelmail and the Client constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
Canadian law shall apply to any Contract unless specifically stated otherwise, and the parties agree to submit to the exclusive jurisdiction of Canadian courts.
Novelmail reserves the right to review and revise these Conditions from time to time without prior notice.

The Service(s)
Novelmail  may at any time without notifying the Client make any changes to the Service(s) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and or quality of the Service(s).
All charges quoted to the Client for the provision of the Service(s) are exclusive of any Government Sales Taxes, for which the Client shall be additionally liable at the applicable rate from time to time.
Novelmail warrants to the Client that Service(s) will be provided using reasonable care and skill and as continuously as reasonably possible, at all times subject to restrictions resulting from third parties (whether as a result of their action or inaction). Where Novelmail supplies Service(s) in connection with services or goods supplied by a third party, Novelmail does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.

However, where possible, the benefit of any warranty, guarantee or indemnity given by the supplier of goods/services to Novelmail will be assigned to the Client.
Novelmail  shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipment or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
The entire liability of Novelmail under or in connection with any contract for Service(s) shall not exceed the amount Novelmail charges for the provision of the Service(s), except as expressly provided in these Conditions.
Novelmail shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Novelmail obligations in relation to the Service(s), if the delay or failure was due to any cause beyond Novelmail reasonable control.
Novelmail shall by default retain the payment information submitted by a client for payment of future due invoices. The client can request that this information be removed at any time.

Ownership of Information
All Client information, mail messages and other data stored on Novelmail equipment is treated as private and solely the property of the Client at all times (with the exception of any work that has not been paid for in full – see the relevant sections below for full conditions) and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purposes of Novelmail  back-up routines and/or providing the Client with support services or as required by the law.

EMAIL SERVICE
email service is payable on monthly, quarterly, semi-annual, or annual terms, payable in advance, unless a separate contract is agreed in writing.
The minimum period for the provision of this service is 1 months from the date of acceptance; the expiry date of the service will be clearly stated in the invoice issued regarding the service.
Novelmail shall be entitled to restrict bandwidth or other system resources available to the client at any time to protect all clients from time to time where necessary.
Novelmail  will turn off website services if they are not paid for promptly. At least one reminder will be sent to the Client’s last notified contact address before this action is taken. The full amount outstanding for hosting must be received as cleared funds before the service is re-activated in the event of service suspension.
Payment is due at 12:00am on the due date indicated on the invoice. Payment not received by this time will be considered “late” and will result in service cancellation.
Regular backups are made on all servers. However, where Novelmail is not directly responsible under specific monthly contract for the maintenance of a Client’s web site, Novelmail  shall have no liability for loss of data, graphics or any other item in connection with site. It is the owner of the site’s responsibility to assure that he/she has all relevant material backed up.

If Novelmail determines, in their sole discretion, that the vulnerability puts any systems at unsatisfactory risk, immediate actions may be taken to disable or otherwise remove said software from the system.
Novelmail  does not allow the hosting or linking to of any illegal of copyrighted material (this includes warez, software cracks, copyrighted movies or music, etc). Novelmail also does not allow IRC clients or bots, hosting torrents or running torrent trackers, file sharing, or the running of any proxy server software. If Novelmail  determines, in their sole discretion, that such software exists within a client’s account, the account will be shut down immediately and a refund will not be issued.

Email Storage
Mail awaiting delivery is stored securely and is non-accessible to other internet users. However, once the Client’s decrypted data passes onto the internet, it is no longer secure and is open to unscrupulous use.

Novelmail  cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Client and Novelmail recommends the use of encryption for transfer of sensitive data or information.

The Client undertakes that the Client’s data (whether stored or sent over the internet) will not contain anything obscene, offensive or defamatory. The Client will indemnify Novelmail  and keep Novelmail fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to Novelmail  as a result of any breach of the said undertaking.