| |
|
|
|
| |
SUPPLEMENTARY TERMS AND CONDITIONS
FOR WEBNAMES.CA ELECTRONIC MAIL SERVICES
- Interpretation. For all eMail Services provided by Webnames, the Webnames.ca Terms of Use and Services Agreement (available by clicking here) and these Supplementary Terms and Conditions (including the Acceptable Use Policy available by clicking here) constitute and are referred to as the "Agreement". If there is a conflict between these Supplementary Terms and Conditions and the Webnames.ca Terms of Use and Services Agreement, then these Supplementary Terms and Conditions will govern.
Definitions. In these Supplementary Terms and Conditions: (a) "Domain Name" means Your domain name in respect of which Webnames provides eMail Services, including as the domain suffix of all e-mail addresses; (b) "eMail Services" means the electronic mail services (including without limitation email accounts and related services) provided by Webnames as described in Your most recent Order and as set forth in this Agreement; (c) "Order" means Your original purchase of eMail Services, including specification of Your required features such as number of accounts and storage space, and any changes to those features purchased by You, in each case made through Webnames` online interface for the purchase of eMail Services; (d) "You" or "Your" means the holder of the Webnames` account under which the Domain Name is registered and the registered owner of the Domain Name, jointly and severally; (e) "Users" means the individuals to whom You have assigned e-mail accounts in accordance with this Agreement. All references in the Webnames.ca Terms of Use and Services Agreement to "Services" and "Other Services" include eMail Services. Other terms in these Supplementary Terms and Conditions are defined in the Webnames.ca Terms of Use and Services Agreement or these Supplementary Terms and Conditions.
Agreement and Acceptance. This Agreement is between You and Webnames. By registering for eMail Services, You signify Your acceptance and agreement to be bound by this Agreement. If this Agreement is accepted by an individual on behalf of You, the individual represents and warrants that they have the legal authority to agree to and accept this Agreement on Your behalf.
Term. Webnames will provide to You, and You will purchase, eMail Services for an initial minimum term commencing on the date of Your initial Order and ending on the last day of the third full calendar month following the date of Your initial Order (the "Initial Term"). This Agreement and the eMail Services provided to You will automatically renew for an additional mimimum of three month periods (each a "Renewal Term", and collectively with the Initial Term, the "Term"). Webnames will automatically bill You for eMail Services at the beginning of the Initial Term and each Renewal Term in accordance with the payment instructions provided by You in Your Order, unless Webnames or You have previously terminated this Agreement and Your eMail Services as provided in section 11 below. Except as provided in subsection 11(c) below, the termination of this Agreement and Your eMail Services before the end of the Initial Term or any Renewal Term will not entitle You to any refund of fees paid at the beginning of that Initial Term or Renewal Term.
eMail Services and Restrictions. During the Term, Webnames, by itself or through its subcontractors and service providers, will make eMail Services available to You and Users, subject to this Agreement. eMail Services are subject to the following restrictions:
Number of Accounts: eMail Services are limited
regarding the number of e-mail accounts, as set forth in Your
most recent Order.
Storage Space: eMail Services are limited
regarding the amount of storage (disk) space, as set forth
in Your most recent Order.
Volume: eMail Services are generally not
limited regarding the number of messages sent and received,
but Webnames retains the right, in its discretion, to restrict
the volume of messages sent or received by You or Users in
order to maintain the quality of eMail Services to other customers
and to protect Webnames` computer systems.
Spam Filtering: Webnames may use filtering
technology and other measures in efforts to stop unsolicited
bulk messages, unsolicited commercial messages and other forms
of spam, and such technology and measures may block, either
temporarily or permanently, some messages sent or received
through eMail Services, even if such messages do not violate
the Acceptable Use Policy or constitute spam.
Virus Blocking: Webnames may use technology
and other measures in efforts to stop viruses, and such technology
and measures may block, either temporarily or permanently,
some messages sent or received through eMail Services, even
if such messages do not contain a virus.
Maintenance/Downtime: eMail Services are
subject to scheduled and unscheduled outages which will affect
the ability to use eMail Services.
Personal Use Only: eMail Services are personal
to You and Users. eMail Services may not be transferred, assigned,
licensed, sub-licensed or re-sold.
Technical Support. During the Term, Webnames
will use commercially reasonable efforts to make available and
provide Technical Support to You and Users. Technical Support
will be available during the technical support hours indicated
from time to time on Webnames` website. Technical Support is
subject to the limitation that not all technical problems can
or will be corrected or resolved. In these Supplementary Terms
and Conditions, "Technical Support" means remote (telephone
or on-line) troubleshooting, advice and assistance as may be
reasonably required to resolve technical problems that prevent
You or Users from accessing or using eMail Services. Technical
Support does not include support provided after-hours or on-site
or support relating to computer software and hardware not provided
by Webnames.
Your Obligations:
Domain Name. You are solely responsible and
liable for obtaining and maintaining the registration of the
Domain Name through Webnames as domain name registrar. (To
receive eMail Services, Webnames must host the Domain Name.
If the Domain Name registration expires or is transferred
to another domain name registrar, eMail Services will automatically
terminate.)
Equipment and Services. You are solely responsible
and liable for: (i) obtaining, provisioning, configuring,
supporting, maintaining, protecting from loss or damage, and
paying for all equipment, software and services necessary
for You and Users to access and use eMail Services or used
by You or Users in connection with eMail Services; and (ii)
complying with all technical requirements for the use of eMail
Services, including the sending and receiving of e-mail.
Permitted Users. You will restrict access
to and use of eMail Services to Your Users. You will not charge
Users for use of eMail Services. You will not transfer, assign,
license, sub-license or re-sell access to or use of eMail
Services or any portion thereof.
Acceptable Use. You are solely responsible
and liable for Your and Users` use of eMail Services and any
and all acts and omissions by You and Users. You will ensure
that all use of eMail Services by You and Users complies with
all applicable laws, this Agreement, and the Acceptable Use
Policy, and does not infringe the rights of any other person.
Webnames may, in its discretion, change, supplement or amend
the Acceptable Use Policy from time to time without any prior
notice or liability to You, Users or any other person by posting
a revised Acceptable Use Policy on Webnames` website.
Security and Passwords. Access to and use
of eMail Services requires You and Users to use a user name
and password. Your administrator is responsible for issuing
user names and passwords to Users. User names and passwords
may not be shared with other persons. You are solely responsible
for all Users` use and misuse of user names and passwords.
You must immediately notify Webnames if You discover or suspect
any unauthorized use of eMail Services, or if You know or
suspect that any of its Users` user names or passwords have
been lost or stolen or become known to any unauthorized person.
Webnames is not under any obligation to verify the actual
identity or authority of the user of any user name or password.
If Webnames, in its discretion, considers a password to be
insecure or to have been used inappropriately, then Webnames
may immediately cancel the password without any notice to
You, the affected User, or any other person.
Content and Export Laws. You are solely responsible
and liable for the content of communications sent or received
by You and Users using eMail Services. You will comply with,
and will ensure that Your Users comply with, all applicable
export and other laws concerning the transmission of technical
data and other regulated materials using eMail Services.
Indemnity. Without limiting the generality
of any other provision in this Agreement, You will indemnify,
defend and hold harmless Webnames and its Indemnified Representatives
from and against any and all Claims and Proceedings directly
or indirectly arising from, connected with or relating to:
(i) use of eMail Services by You or Users; (ii) any negligence,
misconduct, breach of this Agreement or violation of the Acceptable
Use Policy by You, Users, or other any person for whom You
are under this Agreement or in law responsible; (iii) the
suspension or termination of eMail Services; or (iv) the termination
of this Agreement. Notwithstanding the foregoing, Webnames
and its Indemnified Representatives (if applicable) retain
the right to participate in the defense of and settlement
negotiations relating to any Claim or Proceeding with counsel
of their own selection at their sole cost and expense. In
these Supplementary Terms and Conditions: (i) "Claims" means
third party claims, counterclaims, complaints, demands, causes
of action, liabilities, obligations, damages, legal fees,
costs, expenses, and disbursements, including without limitation
reasonable attorneys` fees and court costs, of any nature
or kind, whatsoever and howsoever arising, whether known or
unknown, whether in law or in equity or pursuant to contract
or statute, and whether in any court of law or equity or before
any arbitrator or other body, board or tribunal; (ii) "Indemnified
Representatives" means past, present and future directors,
officers, employees, agents, subcontractors, service providers,
representatives, successors, permitted assigns, related persons
and each of them; and (iii) "Proceedings" means third party
actions, suits, proceedings, and hearings of any nature and
kind in any court of law or equity or before any arbitrator
or other body, board or tribunal.
Monitoring Use of Services and Disclosure of Aggregated
Information. Webnames is not obliged to monitor, screen,
police or edit the use of eMail Services, although Webnames
reserves the right to do so in its discretion and without any
notice or liability to You, Users or any other person. Webnames
may in its discretion disclose to other persons aggregated,
non-identifiable information regarding the use of eMail Services
by You and Users.
Proprietary Rights. As between the parties,
Webnames owns and retains all right, title and interest in,
to and associated with eMail Services. You and Users will not
acquire any right, title or interest in or to any software or
technology provided by Webnames for use by You or Users as part
of eMail Services. As between the parties, You own and retain
all right, title and interest in, to and associated with eMail
Data, except that You grant to Webnames a non-exclusive, royalty
free, non-transferrable license during the Term to access, copy,
and otherwise use eMail Data for the purpose of providing eMail
Services and fulfilling its obligations under this Agreement.
All rights not expressly granted under this Agreement are reserved
to the parties. In this Agreement, "eMail Data" means electronic
mail, messages, and other data and information accessible, communicated,
obtained, received or transmitted by You or Users through or
using eMail Services.
Disclaimers. The following provisions are in
addition to similar provisions in the Webnames.ca Terms of Use
and Services Agreement:
General Disclaimer. eMail Services are provided
on an "as is" and "as available" basis, and without any representations,
warranties, conditions or guarantees of any nature or kind
whatsoever, whether express, implied or statutory, or arising
from custom or trade usage or by any course of dealing or
course of performance. Webnames does not represent, warrant,
or guarantee that eMail Services will meet Your or any User`s
needs or be free from errors or that eMail Services will be
uninterrupted. Webnames disclaims any and all responsibility
and liability regarding the nature, quality or accuracy of
eMail Services to the fullest extent permitted by law. Use
of eMail Services is at Your and User`s own risk. eMail Services
may be affected by numerous factors beyond Webnames` control,
and may not be continuous or uninterrupted or secure. Security
and privacy risks cannot be eliminated. Password protection
may not prevent unauthorized access to eMail Data or other
information You or Users may use in connection with eMail
Services. You will remain solely and exclusively responsible
for Your and Users` use of eMail Services and the control,
security and confidentiality of eMail Data. You hereby acknowledge
that the Internet is not a secure medium, may be inherently
unreliable and subject to interruption or disruption, and
may be subject to inadvertent or deliberate breaches of security.
No Responsibility for eMail Data. Use of
eMail Data is at Your and Users` own risk. You are solely
responsible for, and bear all risks and liabilities associated
with, all eMail Data. Webnames does not endorse or exercise
any control whatsoever over eMail Data and does not monitor,
screen, block, filter, or police eMail Data for compliance
with applicable laws or acceptable use policies. You and Users
may find some eMail Data to be offensive, harmful, inaccurate
or deceptive. Webnames makes no representation, warranty,
condition or guarantee of any nature or kind whatsoever, whether
express, implied or statutory, or arising from custom or trade
usage or by any course of dealing or course of performance,
regarding eMail Data, and disclaims any and all responsibility
and liability regarding the nature, quality or accuracy of
eMail Data to the fullest extent permitted by law.
-
No Responsibility for Third Party Claims.
You are solely liable and responsible for any and all Claims
and Proceedings directly or indirectly arising from, connected
with or relating to the use of eMail Services by You, Users,
or anyone using Your or Users` user name or password, Your
breach of this Agreement, Your violation or infringement of
the rights of other persons, Users` violation of the Acceptable
Use Policy, or Your or Users` violation of any applicable
civil or criminal law. Webnames disclaims any and all responsibility
and liability regarding all such matters to the fullest extent
permitted by law.
No Responsibility for Unauthorized Access or Damage.
Webnames is under no obligation to verify the identity
of users of eMail Services. Webnames is not responsible or
liable for unauthorized access to or alteration, theft or
destruction of eMail Data through accident, fraudulent means
or devices, or any other method, regardless of whether such
damage occurs as a result of Webnames` negligence, gross negligence,
fundamental breach or any other fault or wrongdoing. In no
event will Webnames be liable for any damages, including but
not limited to loss of data, loss of revenue or profits, or
for any other special, incidental, indirect or consequential
damages, arising out of or in connection with the use of or
inability to use eMail Services.
Sole remedy. If You are dissatisfied with
eMail Services, or Webnames` policies, guidelines or practices,
Your sole and exclusive remedy is to terminate this Agreement
pursuant to section 11(a) of this Agreement and cease using
eMail Services.
Termination:
Termination by You. You may terminate this
Agreement at any time for Your sole convenience immediately
upon delivery of notice to Webnames. Fees paid prior to such
termination are not refundable.
Automatic Termination. This Agreement will
automatically terminate if the Domain Name ceases to be duly
registered through Webnames as the domain name registrar.
Fees paid prior to such termination are not refundable.
Termination by Webnames. Webnames may terminate
this Agreement at any time for its sole convenience upon seven
(7) days notice to You. Webnames may terminate this Agreement
for cause effective immediately upon delivery of notice of
termination to You if: (i) You materially breach this Agreement
and have not remedied the breach within seven (7) days after
receipt of a notice from Webnames identifying the breach and
stating its intention to terminate this Agreement if the breach
is not remedied within seven (7) days; or (ii) You become
bankrupt, take any step or proceeding available to You for
the benefit of insolvent debtors, become insolvent or take
any step or proceeding for Your liquidation, dissolution or
winding up. If Webnames terminates this Agreement for its
convenience, Webnames will refund to You any unused portion
of pre-paid fees. If Webnames terminates this Agreement for
cause, Webnames will not refund any pre-paid fees.
Effect of Expiration or Termination. Immediately
upon expiration or termination of this Agreement, You and
all Users will cease using eMail Services. Upon expiration
or termination of this Agreement, Webnames will not have any
responsibility to transfer eMail Data stored in Webnames`
systems to You or a different service provider.
Survival. Notwithstanding anything herein
to the contrary, the following provisions of these Supplementary
Terms and Conditions, and all other provisions necessary to
their interpretation or enforcement, will survive the expiration
or termination of this Agreement and will remain in full force
and effect and be binding upon the parties as applicable:
Sections 7(g), 9, 10, 11(d) and 11(e).
Suspension. Webnames may, in its discretion,
immediately suspend Users` access to and use of eMail Services
without any prior notice to such Users, You or any other person
if You breach this Agreement or if You or Users violate the
Acceptable Use Policy.
|
|
|
| |
|
|
|
|
