Bennett's by the Bay acceptable use policy.

All customers and visitors of bennettsbythebay.com agree to be governed by the policies set forth herein.

WHEREAS, Bennett's by the Bay is an information provider connected to the Internet Bennett's by the Bay offers information and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize Bennett's by the Bay's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Bennett's by the Bay can make no guarantee that any given reader shall be able to access Bennett's by the Bay's server at any given time.

Bennett's by the Bay represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

MATERIAL PRODUCTS

Customer will provide Bennett's by the Bay with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Bennett's by the Bay. Bennett's by the Bay shall make no effort to validate this information for content, correctness or usability.

Bennett's by the Bay will exercise no control whatsoever over the content of the information passing through the network.

Bennett's by the Bay makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Bennett's by the Bay also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Bennett's by the Bay is at the Customer's own risk, and Bennett's by the Bay specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Bennett's by the Bay pecifically denies any responsibilities for any damages arising as a consequence of such unavailability.

LIMITED LIABILITY

Customer expressly agrees that use of Bennett's by the Bay's website is at Customer's sole risk. Neither Bennett's by the Bay, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Bennett's by the Bay's website will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Bennett's by the Bay, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall Bennett's by the Bay, its offices, agents or any one else involved in creating, producing or distributing Bennett's by the Bay's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Bennett's by the Bay website; or that results from mistakes, omissions, interruptions, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Bennett's by the Bay's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Bennett's by the Bay's website.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of any contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

Customer may only use Bennett's by the Bay's website for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, using any copyrighted information from Bennett's by the Bay's website is not permitted.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Bennett's by the Bay harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Bennett's by the Bay, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Bennett's by the Bay against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Bennett's by the Bay's Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on Bennett's by the Bay website.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.

© 2005 Bennett's by the Bay

P.O. Box 2991, RR # 2, Corner Brook, NL A2H 6B9

Phone: (709)783-3355 /or Toll Free (888)868-9055

Email: info@bennettsbythebay.com

© 2005 Bennett's by the Bay