Welcome to JGM ENTERPRISES INC./WEBHOSTER.CA services!
This is a contract between you (“you” or “your”) and JGM ENTERPRISES INC./WEBHOSTER.CA (“JGM ENTERPRISES INC./WEBHOSTER.CA”). It states the terms and conditions which apply to your purchase and use, in any manner, of the JGM ENTERPRISES INC./WEBHOSTER.CA web hosting, e-mail and domain services (collectively, the “Services”), as described at http://www.Webhoster.ca (the “Site”).
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE “END-USERS”). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THETERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.
JGM ENTERPRISES INC./WEBHOSTER.CA reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to customers. Any changes or modification will be posted by JGM ENTERPRISES INC./WEBHOSTER.CA, and become effective upon posting of the revisions on the Site. JGM ENTERPRISES INC./WEBHOSTER.CA will post a notice of such changes or modifications on the Site for thirty (30) days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following JGM ENTERPRISES INC./WEBHOSTER.CA’ posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.
1. Term and Payment for Services
1.1 Term and Termination. The Services are provided on a fixed term basis and shall be provided, unless JGM ENTERPRISES INC./WEBHOSTER.CA receives additional payment from you, until the last day of the fixed term (“Termination Date”). Either party may at any time terminate this Agreement, prior to the Termination Date, provided that JGM ENTERPRISES INC./WEBHOSTER.CA will provide the Services until the Termination Date. Subject to 1.2 below, no credits shall be provided to you for the value of the Services between the date that you notify JGM ENTERPRISES INC./WEBHOSTER.CA that you no longer wish to receive the Services and the Termination Date.
Notice of Termination. You must provide JGM ENTERPRISES INC./WEBHOSTER.CA with notice of termination in writing or by e-mail (from the email account specified by you when first ordering the Services) to admin@Webhoster.ca.com. You shall provide JGM ENTERPRISES INC./WEBHOSTER.CA with sufficient identification information so that JGM ENTERPRISES INC./WEBHOSTER.CA may properly identify you and your account. Any notice of termination will be effective thirty (30) days following JGM ENTERPRISES INC./WEBHOSTER.CA’ receipt thereof.
1.2 Thirty-Day Refund Policy. If you terminate this Agreement within thirty (30) days of agreeing to be bound hereto, you shall receive a refund for all amounts paid by you to JGM ENTERPRISES INC./WEBHOSTER.CA for the Services, excluding any amounts paid for Non-Refundable Amounts, as defined below. “Non-Refundable Amounts” include set-up fees, Miva Merchant license key fees, additional bandwidth charges and additional storage charges.
1.3 Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, JGM ENTERPRISES INC./WEBHOSTER.CA will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. JGM ENTERPRISES INC./WEBHOSTER.CA shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, JGM ENTERPRISES INC./WEBHOSTER.CA shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by JGM ENTERPRISES INC./WEBHOSTER.CA.
1.4 Charges. You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by JGM ENTERPRISES INC./WEBHOSTER.CA. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by JGM ENTERPRISES INC./WEBHOSTER.CA. JGM ENTERPRISES INC./WEBHOSTER.CA shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by JGM ENTERPRISES INC./WEBHOSTER.CA. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on JGM ENTERPRISES INC./WEBHOSTER.CA’ net income.
1.5 Payment. All charges for the Services must be paid in advance according to the then current price applicable to the Services. When ordering the Services through the sign-up server at the Site, you must elect to pay for the Services by credit card. JGM ENTERPRISES INC./WEBHOSTER.CA reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.
1.6 Credit Card Payment. When you pay for the Services by credit card, you expressly authorize JGM ENTERPRISES INC./WEBHOSTER.CA or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and JGM ENTERPRISES INC./WEBHOSTER.CA does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by JGM ENTERPRISES INC./WEBHOSTER.CA. You must notify JGM ENTERPRISES INC./WEBHOSTER.CA of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit JGM ENTERPRISES INC./WEBHOSTER.CA from charging your account.
1.7 Failure to Pay. If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card payments, late charges of the lesser of one and one-half per cent (1.5%) per month (i.e. 18% per annum) or the maximum amount allowable under applicable law shall also become payable by you to JGM ENTERPRISES INC./WEBHOSTER.CA. In addition, your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying JGM ENTERPRISES INC./WEBHOSTER.CA’ immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating the Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.
2. Use of Services
2.1 Responsibility for Use. You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify JGM ENTERPRISES INC./WEBHOSTER.CA of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to JGM ENTERPRISES INC./WEBHOSTER.CA, as requested, to stop, prevent or remedy any breach of security.
2.2 Applicable Policies and Agreements.
The JGM ENTERPRISES INC./WEBHOSTER.CA Acceptable Use Policy (the “Use Policy”) governs the general policies and procedures for use of the Services.
The Domain Registration Agreements at Domain Agreement govern the use of domain names and applicable dispute resolution processes.
The Service Level Agreement sets out the minimum service levels provided and guaranteed by JGM ENTERPRISES INC./WEBHOSTER.CA.
All agreements and policies may be updated or amended from time-to-time.
2.3 Material and Product Requirements. You must ensure that all material and data placed on JGM ENTERPRISES INC./WEBHOSTER.CA’ equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by JGM ENTERPRISES INC./WEBHOSTER.CA. JGM ENTERPRISES INC./WEBHOSTER.CA will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not “server-ready”, JGM ENTERPRISES INC./WEBHOSTER.CA has the option at any time to reject this material. JGM ENTERPRISES INC./WEBHOSTER.CA will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of JGM ENTERPRISES INC./WEBHOSTER.CA. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not JGM ENTERPRISES INC./WEBHOSTER.CA’ responsibility to provide this knowledge or customer support.
2.4 Bandwidth, Storage, and E-Mail Use. You agree that use of the Services hereunder will not exceed the bandwidth, storage and E-mail usage limits set out in the Site for the Services ordered by you. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, JGM ENTERPRISES INC./WEBHOSTER.CA may, in its sole discretion, assess you with additional charges according to JGM ENTERPRISES INC./WEBHOSTER.CA’ then current pricing policy, suspend the performance of the Services, or terminate this Agreement. In the event that JGM ENTERPRISES INC./WEBHOSTER.CA elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Warning messages will be emailed to you as you exceed 80% and 90% of your package’s respective bandwidth and disk space limits. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.
2.5 Domain Names. As part of the Services, you will provide JGM ENTERPRISES INC./WEBHOSTER.CA with a registered domain name or names or JGM ENTERPRISES INC./WEBHOSTER.CA will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any registrar’s policies, or any law or regulation. You agree to promptly reimburse JGM ENTERPRISES INC./WEBHOSTER.CA for any fees paid by JGM ENTERPRISES INC./WEBHOSTER.CA to any registrar with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request JGM ENTERPRISES INC./WEBHOSTER.CA will attempt to register with the registrar an alternative domain name chosen by you. You agree to be bound by the terms the registrar’s then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of a domain name. The inability to use a domain name shall not entitle you to a refund by JGM ENTERPRISES INC./WEBHOSTER.CA of any fees paid with respect to the registration of such unusable domain name. There is no charge for indefinite parking of domains on JGM ENTERPRISES INC./WEBHOSTER.CA servers or to transfer to another service provider. However, in the event a domain that was registered by JGM ENTERPRISES INC./WEBHOSTER.CA is transferred to another service provider, and requires manual intervention by JGM ENTERPRISES INC./WEBHOSTER.CA support staff to complete the transfer, there will be an administrative transfer cost charged for each domain plus applicable taxes. Domain Parking does NOT include any hosting services. You may not submit your own DNS entries because JGM ENTERPRISES INC./WEBHOSTER.CA is NOT a Registrar and hosting services for domain names residing on the JGM ENTERPRISES INC./WEBHOSTER.CA system must be provided by JGM ENTERPRISES INC./WEBHOSTER.CA. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment with respect to domain names will NOT be refunded or credited to your credit card. You are responsible for spelling a domain name correctly while registering it online. JGM ENTERPRISES INC./WEBHOSTER.CA will not provide refunds or credits for misspelled domain names.
2.6 Miscellaneous Components. You acknowledge that the Services do not include, without limitation, content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other such executables and that all of the foregoing are your responsibility. You may not compile or install binary files other than the ones provided by JGM ENTERPRISES INC./WEBHOSTER.CA. JGM ENTERPRISES INC./WEBHOSTER.CA does not make C compilers available and the PERL binaries provided will not have networking support (for example, socket ph, ftp.pl, etc.) You may use ftp to access your home directory for the purpose of installing and editing your web pages.
3. Intellectual Property Rights
3.1 JGM ENTERPRISES INC./WEBHOSTER.CA Property. You hereby acknowledge and agree that all programs (in object code and source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of JGM ENTERPRISES INC./WEBHOSTER.CA, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. JGM ENTERPRISES INC./WEBHOSTER.CA shall also maintain and control ownership of all Internet protocol (“IP”) numbers and email addresses that may be assigned to you by JGM ENTERPRISES INC./WEBHOSTER.CA. JGM ENTERPRISES INC./WEBHOSTER.CA reserves, in its sole discretion, the right to change or remove any and all such IP numbers and email addresses at any time.
3.2 Your Content. JGM ENTERPRISES INC./WEBHOSTER.CA does not claim ownership of information, materials, software or other content (collectively, the “Content”) that you post, upload, input, provide, submit or otherwise transmit to JGM ENTERPRISES INC./WEBHOSTER.CA or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to JGM ENTERPRISES INC./WEBHOSTER.CA or any third party, using the Services, you have thereby granted JGM ENTERPRISES INC./WEBHOSTER.CA a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by JGM ENTERPRISES INC./WEBHOSTER.CA for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement You expressly (a) grant to JGM ENTERPRISES INC./WEBHOSTER.CA a license to cache the Content, and (b) agree that such caching is not an infringement of any of your rights or any third party’s rights.
4.1 Investigation of Violations. JGM ENTERPRISES INC./WEBHOSTER.CA may investigate any reported violation of this Agreement, its policies and guidelines or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its interests, including without limitation, its systems, servers, facilities, customers and/or third parties. JGM ENTERPRISES INC./WEBHOSTER.CA will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
4.2 Actions. JGM ENTERPRISES INC./WEBHOSTER.CA reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Agreement, its policies or guidelines, third-party intellectual property rights or any laws. JGM ENTERPRISES INC./WEBHOSTER.CA may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on JGM ENTERPRISES INC./WEBHOSTER.CA’ systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by JGM ENTERPRISES INC./WEBHOSTER.CA. It is JGM ENTERPRISES INC./WEBHOSTER.CA’ policy to terminate Services to infringers. The above stated rights of action, however, do not obligate JGM ENTERPRISES INC./WEBHOSTER.CA to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that JGM ENTERPRISES INC./WEBHOSTER.CA has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event JGM ENTERPRISES INC./WEBHOSTER.CA takes action due to such possible violation, JGM ENTERPRISES INC./WEBHOSTER.CA shall not be obligated to refund to you any fees paid in advance of such action.
5. Warranties and Disclaimers
5.1 Your Warranties and Representations to JGM ENTERPRISES INC./WEBHOSTER.CA. You warrant, represent, and covenant to JGM ENTERPRISES INC./WEBHOSTER.CA that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JGM ENTERPRISES INC./WEBHOSTER.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although JGM ENTERPRISES INC./WEBHOSTER.CA will use commercially reasonable measures to maintain the security of the Services, JGM ENTERPRISES INC./WEBHOSTER.CA assumes no responsibility for the effectiveness of these security measures provided by JGM ENTERPRISES INC./WEBHOSTER.CA.
6. Exclusion and Limitation of Liability
6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL JGM ENTERPRISES INC./WEBHOSTER.CA, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE “JGM ENTERPRISES INC./WEBHOSTER.CA ENTITIES” AND EACH, A “JGM ENTERPRISES INC./WEBHOSTER.CA ENTITY”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE JGM ENTERPRISES INC./WEBHOSTER.CA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH JGM ENTERPRISES INC./WEBHOSTER.CA’ SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE JGM ENTERPRISES INC./WEBHOSTER.CA ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE JGM ENTERPRISES INC./WEBHOSTER.CA ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO JGM ENTERPRISES INC./WEBHOSTER.CA BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (CDN$100.00) CANADIAN DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY JGM ENTERPRISES INC./WEBHOSTER.CA HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE JGM ENTERPRISES INC./WEBHOSTER.CA ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You hereby acknowledge and agree that JGM ENTERPRISES INC./WEBHOSTER.CA and its suppliers will NOT be liable for any delay, outages or interruptions of the Services. Further, JGM ENTERPRISES INC./WEBHOSTER.CA shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical electronic, communications or third-party supplier failure).
7.1 Indemnity to JGM ENTERPRISES INC./WEBHOSTER.CA. You hereby release and hold harmless, and agree to indemnify, the JGM ENTERPRISES INC./WEBHOSTER.CA Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by the JGM ENTERPRISES INC./WEBHOSTER.CA Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
7.2 Third Party Beneficiaries. You are hereby notified that the JGM ENTERPRISES INC./WEBHOSTER.CA Entities are intended third-party beneficiaries of this Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.
8. General Provisions
8.1 Entire Agreement. This Agreement, including any domain registration agreements, documents, web sites, rules, terms, policies and guidelines referenced herein, constitutes the entire agreement between JGM ENTERPRISES INC./WEBHOSTER.CA and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between JGM ENTERPRISES INC./WEBHOSTER.CA and you with respect to such matters.
8.2 No Waiver. The failure of JGM ENTERPRISES INC./WEBHOSTER.CA to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and JGM ENTERPRISES INC./WEBHOSTER.CA nor trade practice shall act to modify any provision of this Agreement.
8.3 Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and JGM ENTERPRISES INC./WEBHOSTER.CA, and the remainder of this Agreement shall remain in full force and effect.
8.4 Choice of Laws. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without reference to rules governing choice of laws and the federal laws of Canada applicable therein. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts situated in the Province of Ontario in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph, is prohibited.
8.5 Successor Sites. All references to JGM ENTERPRISES INC./WEBHOSTER.CA web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
8.6 Assignment. JGM ENTERPRISES INC./WEBHOSTER.CA may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
8.7 Enurement. This Agreement will ensure to the benefit of and bind you and JGM ENTERPRISES INC./WEBHOSTER.CA and its respective personal and legal representatives, successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
8.9 Cumulative Rights. The rights, powers and remedies of JGM ENTERPRISES INC./WEBHOSTER.CA in this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to JGM ENTERPRISES INC./WEBHOSTER.CA at law or in equity.
8.10 Survival. Any provisions, including without limitation the disclaimers of warranty and limitations and exclusions of liability contained herein, that by their meaning are intended to survive termination of this Agreement shall survive the termination of this Agreement.
8.11 Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between JGM ENTERPRISES INC./WEBHOSTER.CA and you as a result of this Agreement or use of the Services.
8.12 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
8.13 Notices. Any notices or other communications sent by JGM ENTERPRISES INC./WEBHOSTER.CA to you shall be deemed to have been duly given and delivered to you when delivered by email to the account specified by you when first ordering the Services
Any notices or other communications sent by you to JGM ENTERPRISES INC./WEBHOSTER.CA shall be deemed to have been duly given and delivered to JGM ENTERPRISES INC./WEBHOSTER.CA when delivered by email to Joseph@webhoster.ca.
Acceptable Use Policy
PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.
THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND JGM ENTERPRISES INC./WEBHOSTER.CA (“JGM ENTERPRISES INC./WEBHOSTER.CA”, “WE” OR “US”) a provider of retail web hosting, e-mail, electronic commerce, and domain name services (“Services”).
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO JGM ENTERPRISES INC./WEBHOSTER.CA THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.
B. PROHIBITED CONDUCT
You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
(i) Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)
(ii) Maintaining an open SMTP relay
(b) Facilitating a Violation of this Policy
(i) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software
(c) Infringing Intellectual Property Rights
(i) Engaging in any activity that:
(a) infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
(b) violates privacy, publicity, or other personal rights of others
(d) Obscene Speech or Materials
(i) Using JGM ENTERPRISES INC./WEBHOSTER.CA Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. JGM ENTERPRISES INC./WEBHOSTER.CA shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through JGM ENTERPRISES INC./WEBHOSTER.CA Services
(e) Promoting Violence or Injury
(i) Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities
(ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
(iii) Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
(f) Defamatory or Abusive Language
(i) Using JGM ENTERPRISES INC./WEBHOSTER.CA’ Services as a means to transmit or post defamatory, harassing, abusive, or threatening language
(g) Forging of Headers
(i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
(h) Illegal or Unauthorized Access to Other Computers or Networks
(i) Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”)
(ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
(i) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks
(ii) Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment
(j) Export Control Violations
(i) Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States
(k) Illegal Activities
(i) Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software
(i) Engaging in or promoting gambling
(m) Promoting Intoxicants
(i) Illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
(n) Instructing others in Prohibited Activities
(i) Providing instructions with respect to any activities listed in (a) through (n) above
(o) Other Activities
(i) Engaging in any other activity, whether lawful or unlawful, that JGM ENTERPRISES INC./WEBHOSTER.CA in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.
C. FAILURE TO ABIDE BY THIS ACCEPTABLE USE POLICY
JGM ENTERPRISES INC./WEBHOSTER.CA reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. JGM ENTERPRISES INC./WEBHOSTER.CA may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on JGM ENTERPRISES INC./WEBHOSTER.CA’ systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by JGM ENTERPRISES INC./WEBHOSTER.CA. It is JGM ENTERPRISES INC./WEBHOSTER.CA’ policy to terminate Services to infringers. The above stated rights of action, however, do not obligate JGM ENTERPRISES INC./WEBHOSTER.CA to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that JGM ENTERPRISES INC./WEBHOSTER.CA has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event JGM ENTERPRISES INC./WEBHOSTER.CA takes action due to such possible violation, JGM ENTERPRISES INC./WEBHOSTER.CA shall not be obligated to refund to you any fees paid in advance of such action.
Service Level Agreement
. SERVICE UPTIME. JGM Enterprises Inc./Webhoster.ca’s target uptime for the Service is 99.9% of the time in every calendar month and JGM ENTERPRISES INC./WEBHOSTER.CA provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If JGM ENTERPRISES INC./WEBHOSTER.CA fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of JGM ENTERPRISES INC./WEBHOSTER.CA customers are affected. Such credits may be deducted from amounts otherwise payable by you to JGM ENTERPRISES INC./WEBHOSTER.CA hereunder. In the event there is a dispute regarding credits, JGM ENTERPRISES INC./WEBHOSTER.CA reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with JGM ENTERPRISES INC./WEBHOSTER.CA.
. “99.7% Critical Services Uptime Guarantee” means that JGM ENTERPRISES INC./WEBHOSTER.CA guarantees that Down Time with respect to the Critical Services shall not exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month).
. “Critical Services” means the email services, web hosting services, DNS services, and the JGM ENTERPRISES INC./WEBHOSTER.CA network to the extent that such services do not include Closed Source Applications, as defined in Section 4.
c. “Down Time” means periods of time that the Critical Services are not functional and available to JGM ENTERPRISES INC./WEBHOSTER.CA customers and does not include any period of time during which services are not functional or available as a result of:
i. maintenance, scheduled or otherwise, performed by JGM ENTERPRISES INC./WEBHOSTER.CA;
ii. third party intrusions, including without limitation denial of service or similar attacks;
iv. errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or
v. any event that is not within JGM ENTERPRISES INC./WEBHOSTER.CA’ control.
% Monthly Service Credit
99.40 – 99.70
99.00 – 99.40
98.00 – 99.00
97.00 – 98.00
96.00 – 97.00
95.00 – 96.00
2. WEB HOSTING. JGM ENTERPRISES INC./WEBHOSTER.CA will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours following receipt of payment from you for services.
3. MAINTENANCE SERVICES. JGM ENTERPRISES INC./WEBHOSTER.CA will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact JGM ENTERPRISES INC./WEBHOSTER.CA’ customers based on minimal overall activity on the JGM ENTERPRISES INC./WEBHOSTER.CA systems. Notwithstanding the foregoing, JGM ENTERPRISES INC./WEBHOSTER.CA reserves the right, in its reasonable discretion, to perform any emergency work at any time.
4. CLOSED SOURCE PLATFORM APPLICATIONS. ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant applications are hosted on a closed source platform (“Closed Source Applications”).
5. PRIVATE LABEL DNS. Private label DNS (domain name servers) require 3 DNS entries, the third of which is a generic DNS.
6. ACCESS DATABASES. Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high volumes of Internet traffic. JGM ENTERPRISES INC./WEBHOSTER.CA does not guarantee the performance of web sites which make use of Microsoft Access databases.
7. EASYMAIL/MAILING LISTS
a. EasyMail E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed this limit we may suspend or terminate your account and your email messages may be lost.
b. EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.
1. INFORMATION COLLECTED
We only collect personal information about you when you specifically and knowingly provide it on our website or to our customer service representatives via telephone. If you request information or purchase domain name, email webhosting or other services (the “Services”) you will be asked to provide personal information. This information may include your:
- telephone and fax numbers
- email address
- password, and
- credit card information
2. USE OF YOUR INFORMATION
JGM ENTERPRISES INC./WEBHOSTER.CA only collects and uses your information for the following purposes:
- To establish and maintain a responsible commercial relationship with you and to provide ongoing service. For example, when you purchase Services, we collect information that allows us to confirm your identity and credit history so that we can accurately bill and collect payment for the Services
- To understand your needs and preferences. For example, we maintain a record of the products and services you receive from us, and we may ask for additional information so that we can serve you better
- To develop, enhance, market or provide products and services. For example, we analyze how our customers use our products and services, so that we can understand how to improve them. From time to time, we may review and analyze your use of our products and services to help us provide better product recommendations and special offers that we think will interest you
- To manage and develop our business and operations. For example, we analyze customer usage of our networks and facilities to help us manage them efficiently and plan for future growth
- To meet legal and regulatory requirements. For example, we may collect information in response to a court order
3. DISCLOSURE OF YOUR INFORMATION
There are a variety of circumstances where we may need to disclose some personal information about you. Here are some examples:
We may disclose your personal information to:
- a person who, in the reasonable judgment of JGM ENTERPRISES INC./WEBHOSTER.CA, is seeking the information as your agent. For example, we may provide information about your account to your legal representative if we are satisfied that that individual is requesting the information on your behalf
- JGM ENTERPRISES INC./WEBHOSTER.CA’ parent companies or subsidiaries to help us serve you better and provide you with services
- a company or individual employed by JGM ENTERPRISES INC./WEBHOSTER.CA to perform functions on our behalf, such as research or data processing
- an agent used by JGM ENTERPRISES INC./WEBHOSTER.CA to evaluate your credit worthiness or to collect your account
- a credit reporting agency
- a public authority, agent of a public authority or law enforcement agency
ANY DISCLOSURE OF YOUR PERSONAL INFORMATION TO A THIRD PARTY IS CONFIDENTIAL AND THE INFORMATION SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS DISCLOSED.
4. RETENTION OF YOUR INFORMATION
The account or membership information you provide when registering with us is stored in our secure databases as long as you are a customer of JGM ENTERPRISES INC./WEBHOSTER.CA. You must notify JGM ENTERPRISES INC./WEBHOSTER.CA if you no longer want your information to be retained by us. If you contact us with a question or comment, any information identifying you is only kept long enough for us to provide you with a response, unless we are required to keep it for a longer period of time.
Please note that it may be impossible to delete your information completely without some residual information remaining in our databases.
5. PROTECTION OF YOUR INFORMATION
In order to protect your personal information and your right to privacy, JGM ENTERPRISES INC./WEBHOSTER.CA:
- Uses a Secure Socket Layer (SSL) Server Certificate
- Uses servers that are protected by firewalls, which are frequently updated to enhance security
- Protects the confidentiality of your personal information when dealing with other companies
- Strives to keep your personal information as accurate and up-to-date as is necessary for the purposes identified above
- Uses other appropriate security safeguards with respect to its databases, computer networks and systems, and
- Will honour any request you may make for access to your personal information
6. ACCURACY OF THE INFORMATION AND YOUR ACCESS TO IT
JGM ENTERPRISES INC./WEBHOSTER.CA relies on the accuracy of the information provided by you, but accepts responsibility for the management and confidentiality of the personal information it collects. Please contact our Information Administrator at firstname.lastname@example.org to:
- Change or confirm your personal information
- Have your information removed from our databases, or
- Speak to someone about JGM ENTERPRISES INC./WEBHOSTER.CA’ information-handling practices
Domain Name Agreements
1. AGREEMENT. In this Registration Agreement (“Agreement”) “you” and “your” refer to the registrant of each domain name registration, “we”, “us” and “our” refer to Domain People and “Services” refers to the domain name registration provided by us as offered through JGM ENTERPRISES INC./WEBHOSTER.CA (“JGM ENTERPRISES INC./WEBHOSTER.CA”), the Registration Service Provider (“RSP”). This Agreement explains our obligations to you, and explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services, you agree to pay the RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). By submitting this Agreement, you represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Domain People and the Registry reserve the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our agreement which will entitle either us or the Registry to terminate this agreement immediately upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as presently written and posted on http://www.icann.org/udrp and as such shall be amended from time to time. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/udrp. Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Domain People, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Domain People, Registry, ICANN or government-adopted policy, (1) to correct mistakes by us or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to any third party licensee and that the third party agrees to the terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates and VeriSign, Inc., and its directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling user name and password are secured shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
16. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and
(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
20. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the “Whois” directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Operator policy.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to email@example.com, or in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to the RSP shall be sent to:
JGM Enterprises Inc./Webhoster.ca
1881 Steeles Ave. W. #370
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. FORCE MAJEURE. You acknowledge and agree that neither we nor the Registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
30. FOREIGN LANGUAGE: Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
31. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited within Canada, The United States and The United Kingdom.
At JGM ENTERPRISES INC./WEBHOSTER.CA and its officer’s discretion we reserve the right to revoke web hosting services at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account.
JGM ENTERPRISES INC./WEBHOSTER.CA and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
It is well known that spamming (sending junk email) generates a very negative response from most of its recipients. Since it is in everyone’s best interest to avoid this, we enforce a strict Anti-Spamming Policy. Sending spam from your domain will result in the termination of your account. Our policy also includes unsolicited email that directly relates to your domain but is sent from another source.
If you are intending to use these tactics for your domain, don’t waste your time here, go somewhere else. If you are experiencing abuse regarding a domain that appears to be hosted here, please email firstname.lastname@example.org We are unable to personally answer each complaint, however we investigate all of them and shut down offenders immediately.
We appreciate your cooperation.
DMCA: Digital Millennium Copyright Act Policy
JGM Enterprises Inc./Webhoster.ca will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA).
The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
To File a Notification
A written notification must be made. This can be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
2. Identify the items that you claim are infringing on your copyright, and provide information reasonably sufficient to locate the items.
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the document.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an item is protected by copyright laws.
Send the written document to the designated Copyright Agent as follows:
JGM Enterprises Inc./Webhoster.ca,
Attn: Copyright Agent
1881 Steeles Ave. W. #370
To file a counter-notification:
1. List the items that were removed by JGM Enterprises Inc./Webhoster.ca, and the location at which the material appeared before it was removed. Please identify the items in sufficient detail.
2. Provide your name, address, telephone number, email address (if available).
3. State that you consent to the jurisdiction of Federal Court.
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
6. Sign the document.
Send the written document to the designated Copyright Agent:
JGM Enterprises Inc./Webhoster.ca,
Attn: Copyright Agent
1881 Steeles Ave. W. #370