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Supplementary Terms and Conditions for Webnames.ca Webhosting Services


Amended Effective July 1, 2005

The terms and conditions set forth and referenced below govern access to and use of the Webhosting Services, limit and exclude warranties and remedies regarding the Webhosting Services, exempt Webnames.ca and other persons from liability or limit their liability, and contain other important provisions you should read. By submitting an order for the Webhosting Services, Customer (defined in paragraph 1.1 below) acknowledges and signifies that it has read, understood, and agreed, without limitation or qualification, to be bound by the terms and conditions set forth and referenced below. If Customer does not accept and agree to those terms and conditions, Customer may not subscribe for, access or use any of the Webhosting Services.

1. Interpretation, Acceptance and Amendment

1.1 Definitions. In these Supplementary Terms and Conditions:

(a) Customer means the holder of the Webnames.ca account under which the Domain Name is registered and the registered owner of the Domain Name, jointly and severally;

(b) Customer Website means the website created, maintained and operated by Customer and in respect of which Webnames.ca provides the Webhosting Services, having the specifications (number of pages, size and functionality) set forth in the Order Form, and all content of that website

(c) Domain Name means the Internet domain name used by Customer as a domain name for the Customer Website;

(d) Easy Migration means website and email account migration services whereby Webnames.ca migrates Customer website and email accounts from another service provider to Webnames.ca.

(e) Goods and Services means goods and services advertised on or sold through the Customer Website;

(f) Order Form means the online verification screen confirming the Customer order for Webhosting Services as accepted by Webnames.ca and as amended from time to time by agreement of the parties;

(g) Transactions means transactions (including purchase, sale, lease or provision) relating to Goods or Services facilitated through the Customer Website;

(h) Transaction Services means third party services (including payment processing services, software distribution services and parcel delivery services) used by Customer for processing and fulfilling Transactions;

(i) Users means the individuals authorized by Customer to access and use the Webhosting Services on Customer behalf in accordance with this Agreement, including the Customer technical contact or webmaster.

(j) Webhosting Services means the website hosting and related services (including Easy Migration) described in the Order Form or subject to a telephone order accepted by Webnames.ca, and as set forth in this Agreement; and

(k) Webnames.ca Website means the website operated by Webnames.ca with a home page at the URL www.webnames.ca. All references in the Webnames.ca Terms of Use and Services Agreement to Services and Other Services include the Webhosting Services. Other capitalized 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.

1.2 Agreement for Webhosting Services. The Webhosting Services are governed by the Webnames.ca Terms of Use and Services Agreement (available by clicking here) and these Supplementary Terms and Conditions (including the Webnames.ca Webhosting Acceptable Use Policy available by clicking here) redirects to this below, which together constitute and are referred to herein as this 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.

1.3 Acceptance of this Agreement. This Agreement is by and between Customer and Webnames.ca. By ordering Webhosting Services, Customer signifies its acceptance and agreement to be bound by this Agreement. If this Agreement is accepted by an individual on behalf of Customer, the individual represents and warrants that he or she has the legal authority to agree to and accept this Agreement on behalf of Customer. If Customer does not agree with each provision of this Agreement, Customer may not order, access or use the Webhosting Services.

1.4 Agreements for Domain Name and E-Mail Services. The registration, transfer or renewal of the Domain Name (the Domain Name Services and the electronic mail services (the Mail Services referenced in the Order Form are governed by one or more of the following Webnames.ca agreements: Webnames.ca Terms of Use and Services Agreement; Additional Terms and Conditions for .com, .org, and .net; Additional Terms and Conditions for .biz and .info; Webnames.ca Terms and Conditions for .us; Webnames.ca Terms and Conditions for .cn and Additional Terms and Conditions for E-mail (collectively the Other Webnames.ca Agreements. By ordering Webhosting Services, Customer signifies its acceptance and agreement to be bound by the Other Webnames.ca Agreements. If Customer does not agree with each provision of the Other Webnames.ca Agreements, Customer may not order, access or use the Webhosting Services. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of the Other Webnames.ca Agreements: (a) the provisions of this Agreement will govern regarding Customer access to and use of the Webhosting Services; and (b) the provisions of the Other Agreements will govern regarding Customer`s access to and use of the Domain Name Services and the eMail Services.

1.5 Changes to this Agreement. Webnames.ca may, in its discretion, change, supplement or amend this Agreement from time to time, for any reason, and without any prior notice or liability to Customer or any other person, by posting a revised agreement on the Webnames.ca Website. By using the Webhosting Services after a revised Agreement is posted on the Webnames.ca Website, Customer signifies its acceptance and agreement to be bound by the revised Agreement. If Customer does not agree with each provision of the revised Agreement, Customer may not use the Webhosting Services. Customer may not change, supplement or amend this Agreement in any manner.

2. Term, Fees/Payments, and Customer Changes to Services

2.1 Initial Term and Renewal Terms. The initial term of this Agreement will commence when the Order Form is accepted by Webnames.ca and will continue until the last day of the minimum initial term set forth in the Order Form, unless terminated earlier as set forth in Section 8 (The Initial Term. This Agreement will automatically renew for additional consecutive periods equivalent in length to the payment period set forth in the Order Form (each a Renewal Term unless and until terminated as set forth in Section 8. For purposes of this Agreement, the Initial Term and each Renewal Term are referred to collectively as the Term.

2.2 Fees/Payments. Customer will pay to Webnames.ca the applicable Basic fees and Additional/usage fees for the Webhosting Services as set forth in the Order Form and as amended from time to time by Webnames.ca in accordance with this Agreement plus all applicable taxes. At the beginning of the Initial Term and each Renewal Term, Webnames.ca will bill and collect payment for the applicable basic fees plus applicable taxes for the entire Initial Term or Renewal Term (as applicable) one month in advance of the services being rendered in accordance with the payment instructions set forth in the Order Form. Webnames.ca will bill and collect payment for additional/usage fees plus applicable taxes at the end of each month in accordance with the payment instructions set forth in the Order Form, provided that Webnames.ca may in its discretion require advance payment of estimated additional/usage fees plus applicable taxes. Except as provided in paragraph 8.3 below, payments by or on behalf of Customer are not refundable under any circumstances (including termination of this Agreement).

2.3 Customer Changes to Webhosting Services. Customer may request changes to the Webhosting Services by contacting Webnames.ca at 1-866-221-7878. Any such requested changes will not be effective unless and until accepted by Webnames.ca in its discretion, and may be subject to additional fees and charges.

3. The Webhosting Services, Availability Guarantee, and Restrictions

3.1 Webhosting Services. During the Term and subject to the provisions of this Agreement, Webnames.ca (by itself or through its subcontractors and service providers) will use reasonable commercial efforts to make the following Webhosting Services available to Customer:

(a) Website Hosting. Webnames.ca will host the Customer Website on a shared Internet server so that the Customer Website is accessible by Internet users (the Hosting Services).

(b) Technical Support. Webnames.ca will provide Customer with remote (telephone or on-line) troubleshooting, advice and assistance as may be reasonably required to resolve technical problems regarding the Hosting Services (collectively, Technical Support).

(c) Easy Migration. If Customer has an existing website and email accounts at another service provider, Webnames.ca will migrate Customer website and email accounts to Webnames.ca services.

(d) Additional Services. Webnames.ca will provide Customer with such additional services as may be requested by Customer and agreed to by Webnames.ca in its discretion from time to time.

3.2 Restrictions, Limitations, Requirements and Prohibitions. The Webhosting Services are provided subject to the following restrictions, limitations and prohibitions:

(a) Customer Website. The Customer Website will only be accessible and useable by Customer, Users and others during the Term and while hosted by Webnames.ca through the Hosting Services, and cannot be copied, transferred or removed from the Hosting Services. The Customer Website may be used only for Customer personal or business purposes, and not to or for the benefit of any other person. Customer may not assign, sublicense, or re-sell access to or use of the Webhosting Services or any portion thereof.

(b) Technical Support. Webnames.ca will provide Technical Support only to Customer Technical Representatives (defined in paragraph 4.3). Technical Support will be available Monday through Friday (excluding Canadian national holidays) during the technical support hours indicated from time to time on the Webnames.ca Website. Requests for Technical Support may be made using the Technical Support contact information indicated from time to time on the Webnames.ca Website. Technical Support does not include support provided after-hours or on-site at Customer facilities or support relating to computer software or hardware not provided by Webnames.ca. Technical Support is subject to the limitation that not all technical problems can or will be corrected or resolved. Technical Support is provided for no additional fee or charge, except that Customer may be required to pay a technical support service charge if Webnames.ca determines that the technical problem is not caused by Webnames.ca software or systems.

(c) Prohibited Content, Goods and Services and Use. Customer will ensure that the Customer Website and the Goods and Services strictly comply with the Webnames.ca Webhosting Acceptable Use Policy, and do not contain any data or materials, and are not used, directly or indirectly, for any purpose or in any manner, prohibited by the Webnames.ca Webhosting Acceptable Use Policy.

(d) Changes to Webhosting Services. Notwithstanding any other provision of this Agreement, nothing in this Agreement in any way limits, impairs or restricts Webnames.ca right and ability, and Webnames.ca reserves the right and ability from time to time in its discretion, to alter, change, modify or replace the Webhosting Services without any notice or liability to Customer or any other person. Changes in the Webhosting Services may affect the Customer Website and its operation.

4. Customer Obligations

4.1 Domain Name. Customer is solely responsible and liable for obtaining and maintaining the registration of the Domain Name through Webnames.ca as domain name registrar. (For Customer to use the Webhosting Services, Webnames.ca must be the registrar for the Domain Name. If the Domain Name registration expires or is transferred to another domain name registrar, Customer may not use the Webhosting Services and this Agreement will automatically terminate.)

4.2 Equipment and Services. Customer is solely responsible for obtaining, provisioning, configuring, maintaining and paying for all equipment (including without limitation computer hardware, software [including Internet browser software that supports secure socket lawyers (SSL) security and email software] and telephone lines) and services (including without limitation Internet access) necessary for Customer and Users to access and use the Webhosting Services or used by Customer or Users in connection with the Webhosting Services. Customer is solely responsible for protecting all such equipment and services from loss or damage.

4.3 Technical Representatives. Customer will ensure that the Users responsible for Customer technical use of the Webhosting Services (the Technical Representatives have suitable qualifications and expertise regarding computer software and other systems necessary to use and administer the Webhosting Services on Customer behalf.

4.4 Customer Website. Customer will ensure that the Customer Website and the use and exploitation of the Customer Website by Customer, Users, Webnames.ca and other persons as contemplated by this Agreement will not violate any applicable laws or infringe or violate the rights (including intellectual property, industrial property, moral, privacy and publicity rights) of any other person.

4.5 Acceptable Use. Customer is fully responsible and liable for Customer and Users use of the Webhosting Services (including the Customer Website) and any and all acts and omissions by Customer and Users. Customer will ensure that all use of the Webhosting Services (including the Customer Website) by Customer and Users complies with all applicable laws, this Agreement, and the Webnames.ca Webhosting Acceptable Use Policy, and does not infringe the rights of other persons. Webnames.ca may, in its discretion, change, supplement or amend the Webnames.ca Webhosting Acceptable Use Policy from time to time without any prior notice or liability to Customer or any other person by posting a revised Webnames.ca Webhosting Acceptable Use Policy on the Webnames.ca Website.

4.6 Access Codes. The Webhosting Services may be accessed and used only through the use of the user name and password (collectively the Access Codes provided to Customer by Webnames.ca. Customer may allow its Users to use the Access Codes, but must otherwise ensure that the Access Codes are kept confidential and not disclosed to or used by any other person. Customer is solely responsible for all use and misuse of the Access Codes. Customer must immediately notify Webnames.ca if Customer discovers or suspects any unauthorized disclosure or use of the Access Codes. Webnames.ca is not under any obligation to verify the actual identity or authority of the users of the Access Codes. If Webnames.ca, in its discretion, considers the Access Codes to be insecure or to have been used inappropriately, then Webnames.ca may immediately cancel the Access Codes without any notice or liability to Customer or any other person. Access Codes do not prohibit or restrict Webnames.ca access to the Customer Website.

4.7 Binary Files. Customer will not compile or install binary files other than the ones provided on the system. Webnames.ca does not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which the Customer would like added to the available system binaries or scripts please contact hosting@webnames.ca to arrange approval.

4.8 Telnet and Shell Access are strictly prohibited.

4.9 FTP Access. Customer may use ftp to access home directory for the purpose of installing and editing web pages as often as necessary.

4.10 Overuse Charges. If the disk usage, transfer limit or number of email accounts of a hosted package is exceeded, the user`s account will be charged for extra bandwidth, disk space and/or email accounts according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their package`s respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. In cases where the customer exceeds the amount of disk space and (or) the bandwidth limit, they will be auto charged and notified together with the receipt for the extra usage on the 1st of each month together with their monthly payment for excess bandwidth and (or) disk space of last month.

4.11 Customer Website and Export Laws. Customer is fully responsible and liable for the Customer Website and all data, materials and information sent or received by, through or using the Webhosting Services (including the Customer Website). Customer will comply with, and will ensure that all Users comply with, all applicable export laws concerning the transmission of technical data and other regulated materials by, through or using the Webhosting Services (including the Customer Website).

4.12 Customer Information and Assistance. Customer will provide to Webnames.ca in a timely manner all information requested by Webnames.ca in connection with the provision of the Webhosting Services. Customer will reasonably assist Webnames.ca to provide the Webhosting Services and will perform such duties and tasks as may be reasonably requested by Webnames.ca.

4.13 Reporting and Removal. Customer will immediately notify Webnames.ca if Customer knows or suspects that the Customer Website violates this Agreement (including the Webnames.ca Webhosting Acceptable Use Policy). Customer will immediately remove any offending materials from the Customer Website and cease and prevent all prohibited use of the Customer Website immediately upon becoming aware of such offending materials or prohibited use.

4.14 Indemnity. Without limiting the generality of any other provision in this Agreement, Customer will defend, indemnify and hold harmless Webnames.ca and its Representatives from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (i) use of the Webhosting Services by Customer or Users; (ii) the Customer Website, Transaction Services, Transactions or the Goods and Services, including without limitation any disputes between Customer and users of the Customer Website, providers of Transaction Services, parties to Transactions or users of Goods and Services; (iii) any negligence, misconduct, breach of this Agreement or violation of the Webnames.ca Webhosting Acceptable Use Policy by Customer, Users, or any other person for whom Customer is under this Agreement or in law responsible; (iv) the suspension or termination of Webhosting Services; or (v) the termination of this Agreement. Notwithstanding the foregoing, Webnames.ca and its Representatives (if applicable) retain the right to participate in the defense of and settlement negotiations relating to any and all Claims and Proceedings with counsel of their own selection at their sole cost and expense, and Customer will not settle any Claim or Proceeding without Webnames.ca`s prior written consent (not to be unreasonably withheld). In this Agreement: (i) Claims means 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) 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 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.

4.15 Transactions/Goods and Services. Customer is solely responsible and liable for: (a) all Transactions; (b) selecting, obtaining and paying for all Transaction Services; and (c) ensuring that all Transactions, Goods and Services, and related matters comply with all applicable laws (including without limitation all applicable laws regarding consumer protection, advertising, business practices, privacy and personal information protection).

4.16 Personal Information Privacy. Customer represents, warrants and covenants with and to Webnames.ca that Customer has obtained or will obtain from each and every individual that accesses the Customer Website their informed consent to the collection, use, disclosure and retention of their personal information by Customer and its service providers (including Webnames.ca) in connection with Transactions with the individual and all related matters. Customer will reasonably cooperate with Webnames.ca in connection with Webnames.ca compliance with all applicable personal information protection laws.

5. Monitoring, Removal of Customer Website and Aggregated Data

5.1 Monitoring. Webnames.ca is not obliged to monitor, screen, police or edit the use of the Webhosting Services (including without limitation the Customer Website or any portion thereof), although Webnames.ca reserves the right to do so in its discretion and without any notice or liability to Customer, Users or any other person. Without limiting the generality of the foregoing and notwithstanding Customer use of Access Codes or other passwords to protect or restrict access to the Customer Website, Webnames.ca may in its discretion access and review the Customer Website.

5.2 Removal of Customer Website. If Webnames.ca in its discretion considers the Customer Website or any portion thereof to be prohibited by the Webnames.ca Webhosting Acceptable Use Policy, or if Webnames.ca receives a complaint regarding the Customer Website or any portion thereof, Webnames.ca may in its discretion immediately remove the Customer Website in its entirety, or remove the offending portion from the Customer Website, without any notice or liability to Customer or any other person.

5.3 Aggregated Data. Webnames.ca may in its discretion collect, use and disclose to other persons aggregated, non-identifiable information regarding the use of the Webhosting Services by Customer and Users, including Internet users access to and use of the Customer Website.

6. Proprietary Rights

6.1 Webnames.ca Ownership. The Webhosting Services (including without limitation all software and technology used to provide the Webhosting Services and related documents and information) are the property of Webnames.ca and its licensors, and are protected by international copyright and other laws. Use of the Webhosting Services does not transfer to Customer or any other person any ownership or other rights in the Webhosting Services. As between the parties, Webnames.ca owns and retains all right, title and interest in, to and associated with the Webhosting Services (including without limitation all software and technology used to provide the Webhosting Services and related documents and information), but excluding the Customer Website. Neither Customer nor any other person will acquire any right, title or interest in or to the Webhosting Services.

6.2 Customer Ownership. As between the parties, Customer owns and retains all right, title and interest in, to and associated with the Customer Website, except that Customer hereby grants to Webnames.ca a non-exclusive, royalty free, world-wide right and license to access, copy, use and exploit the Customer Website as may be required to provide the Webhosting Services and perform its obligations under this Agreement.

6.3 Reservation. All rights not expressly granted under this Agreement are reserved to the parties.

7. Disclaimers/Liability Exclusions and Limitation

The following provisions are in addition to similar provisions in the Webnames.ca Terms of Use and Services Agreement:

7.1 GENERAL DISCLAIMER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND EXCEPT FOR THE VAILABILITY GUARANTEE SET FORTH IN PARAGRAPH 3.2: (A) THE WEBHOSTING 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; (B) WEBNAMES.CA DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBHOSTING SERVICES WILL MEET CUSTOMER NEEDS OR BE FREE FROM ERRORS OR DEFECTS OR THAT THE WEBHOSTING SERVICES WILL BE UNINTERRUPTED; (C) WEBNAMES.CA DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING THE NATURE, QUALITY OR ACCURACY OF THE WEBHOSTING SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW; (D) USE OF THE WEBHOSTING SERVICES IS AT CUSTOMER OWN RISK; (E) THE WEBHOSTING SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND WEBNAMES.CA CONTROL, AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE; (F) SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED; (G) PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO THE CUSTOMER WEBSITE OR CUSTOMER MATERIALS OR OTHER INFORMATION CUSTOMER OR USERS MAY USE IN CONNECTION WITH THE WEBHOSTING SERVICES; (H) CUSTOMER WILL REMAIN SOLELY AND EXCLUSIVELY RESPONSIBLE FOR CUSTOMER AND USERS USE OF THE WEBHOSTING SERVICES, THE CONTROL, SECURITY AND CONFIDENTIALITY OF THE CUSTOMER WEBSITE AND ANY AND ALL TRANSACTIONS THROUGH THE CUSTOMER WEBSITE; AND (I) CUSTOMER HEREBY ACKNOWLEDGES 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.

7.2 NO RESPONSIBILITY FOR CUSTOMER WEBSITE/GOODS AND SERVICES/TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CREATION, OPERATION AND USE OF THE CUSTOMER WEBSITE AND ALL TRANSACTIONS ARE AT CUSTOMER OWN RISK. CUSTOMER IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS AND LIABILITIES ASSOCIATED WITH, THE CUSTOMER WEBSITE, THE GOODS AND SERVICES AND TRANSACTIONS. WEBNAMES.CA IS NOT OBLIGATED TO ENDORSE OR EXERCISE ANY CONTROL WHATSOEVER OVER THE CUSTOMER WEBSITE, THE GOODS AND SERVICES OR TRANSACTIONS, AND IS NOT OBLIGATED TO MONITOR, SCREEN, BLOCK, FILTER OR POLICE THE CUSTOMER WEBSITE, THE GOODS AND SERVICES OR TRANSACTIONS FOR COMPLIANCE WITH APPLICABLE LAWS OR ACCEPTABLE USE POLICIES. WEBNAMES.CA IS NOT A PARTY TO ANY TRANSACTION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSACTION. WEBNAMES.CA 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 THE CUSTOMER WEBSITE, THE GOODS AND SERVICES OR TRANSACTIONS, AND DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING THE CUSTOMER WEBSITE, THE GOODS AND SERVICES AND TRANSACTIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

7.3 NO RESPONSIBILITY FOR TRANSACTION SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SELECTION AND USE OF TRANSACTION SERVICES ARE AT CUSTOMER OWN RISK. CUSTOMER IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS AND LIABILITIES ASSOCIATED WITH, TRANSACTION SERVICES. INFORMATION REGARDING TRANSACTION SERVICES IS PROVIDED BY WEBNAMES.CA FOR CONVENIENCE ONLY. WEBNAMES.CA DOES NOT ENDORSE OR EXERCISE ANY CONTROL WHATSOEVER OVER TRANSACTION SERVICES. WEBNAMES.CA 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 TRANSACTION SERVICES, AND DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING TRANSACTION SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. WEBNAMES.CA IS NOT A PARTY TO ANY CONTRACT BETWEEN CUSTOMER AND PROVIDERS OF TRANSACTION SERVICES.

7.4 NO RESPONSIBILITY FOR THIRD PARTY CLAIMS. CUSTOMER IS SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO THE CUSTOMER WEBSITE, THE TRANSACTION SERVICES, THE GOODS AND SERVICES, CUSTOMER BREACH OF THIS AGREEMENT, CUSTOMER OR USERS VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHER PERSONS, USERS VIOLATION OF THE ACCEPTABLE USE POLICY, OR CUSTOMER OR USERS VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. WEBNAMES.CA DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

7.5 NO RESPONSIBILITY FOR UNAUTHORIZED ACCESS OR DAMAGE. WEBNAMES.CA IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBHOSTING SERVICES. WEBNAMES.CA IS NOT RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF THE CUSTOMER WEBSITE THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, INTENTIONAL MISCONDUCT, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF WEBNAMES.CA NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH OR ANY OTHER FAULT OR WRONGDOING. IN NO EVENT WILL WEBNAMES.CA 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 THE CUSTOMER WEBSITE.

7.6 EASY MIGRATION: DURING THE EASY MIGRATION PROCESS, THE CUSTOMER WEBSITE OR EMAIL ACCOUNTS MAY EXPERIENCE SOME DOWNTIME AND MINOR CHANGES AND MODIFICATIONS MAY BE MADE TO THE CUSTOMER WEBSITE AND EMAIL ACCOUNTS. WEBNAMES.CA IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSS OR DAMAGE ARISING FROM, CONNECTED WITH OR RELATING TO ANY CUSTOMER WEBSITE OR EMAIL ACCOUNT DOWNTIME, ANY CHANGES TO THE CUSTOMER WEBSITE OR EMAIL ACCOUNTS OR ANY LOSS OF DATA (INCLUDING EMAIL) AS A RESULT OF THE EASY MIGRATION.

7.7 EXCLUSION/LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) WEBNAMES.CA LIABILITY (IF ANY) UNDER THIS AGREEMENT OR OTHERWISE IS LIMITED TO DIRECT DAMAGES SUFFERED BY CUSTOMER, AND IN NO EVENT WILL WEBNAMES.CA BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE, ARISING FROM, CONNECTED WITH, OR RELATING TO THIS AGREEMENT, THE SUBJECT MATTER OF THIS AGREEMENT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND MATERIALS (INCLUDING CUSTOMER MATERIALS), INFORMATION, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THIS AGREEMENT), OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY WEBNAMES.CA OR ANY PERSON FOR WHOM WEBNAMES.CA IS RESPONSIBLE, AND EVEN IF WEBNAMES.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED; AND (B) IN NO EVENT WILL WEBNAMES.CA TOTAL AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER PERSON UNDER THIS AGREEMENT OR OTHERWISE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY WEBNAMES.CA OR ANY PERSON FOR WHOM WEBNAMES.CA IS RESPONSIBLE, AND EVEN IF WEBNAMES.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, EXCEED THE LESSER OF $100 CDN OR THE FEES PAID OR PAYABLE BY CUSTOMER TO WEBNAMES.CA FOR THE MONTH DURING WHICH THE LIABILITY AROSE. IN THIS PARAGRAPH 7.7, WEBNAMES.CA INCLUDES WEBNAMES.CA AND ITS AFFILIATES AND THEIR RESPECTIVE PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SERVICE PROVIDERS, SUCCESSORS, PERMITTED ASSIGNS, AND RELATED PERSONS.

7.8 SOLE REMEDY. IF CUSTOMER IS DISSATISFIED WITH THE WEBHOSTING SERVICES, OR WEBNAMES.CA POLICIES, GUIDELINES OR PRACTICES, AND EXCEPT FOR THE VAILABILITY GUARANTEE SET FORTH IN PARAGRAPH 3.2, CUSTOMER SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 8.1 AND CEASE USING THE WEBHOSTING SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT FOR THE VAILABILITY GUARANTEE SET FORTH IN PARAGRAPH 3.2, CUSTOMER WILL NOT BE ENTITLED TO ANY CREDITS, REBATES, OR REFUNDS FOR ANY SERVICE DEFICIENCIES, INCLUDING WITHOUT LIMITATION ANY UNAVAILABILITY OF THE WEBHOSTING SERVICES OR THE CUSTOMER WEBSITE.

7.9 FAIR ALLOCATION OF LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT PRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY, WHICH IS REFLECTED IN THE FEES TO BE PAID BY CUSTOMER FOR THE WEBHOSTING SERVICES.

7.10 OTHER RIGHTS. THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS. SUCH LIMITATIONS MAY APPLY TO CUSTOMER.

8. Termination and Suspension

8.1 Termination by Customer. Customer may terminate this Agreement at any time after the Initial Term for its sole convenience immediately upon delivery of notice to Webnames.ca. Fees paid prior to such termination are not refundable.

8.2 Automatic Termination. This Agreement will automatically terminate if the Domain Name ceases to be duly registered through Webnames.ca as the domain name registrar. Fees paid prior to such termination are not refundable.

8.3 Termination by Webnames.ca. Webnames.ca may terminate this Agreement at any time for its sole convenience upon thirty (30) days notice to Customer. Without prior notification, Webnames.ca reserves the right to suspend or terminate accounts, remove or modify any files which are deemed to be a threat to the functionality or existence of the Webnames.ca Webhosting system. Webnames.ca may terminate this Agreement for cause immediately upon delivery of notice of termination to Customer if: (a) Customer materially breaches this Agreement or the Acceptable Use Policy and has not remedied the breach within seven (7) days after receipt of a notice from Webnames.ca stating its intention to terminate this Agreement if the breach is not remedied within seven (7) days; or (b) Customer becomes bankrupt, takes any step or proceeding for the benefit of insolvent debtors, becomes insolvent or takes any step or proceeding for liquidation, dissolution or winding up. If Webnames.ca terminates this Agreement for its convenience, Webnames.ca will refund to Customer any unused portion of pre-paid fees, except those fees designated in this Agreement as non-refundable. If Webnames.ca terminates this Agreement for cause, Webnames.ca will not refund any pre-paid fees.

8.4 Consequences of Termination. If this Agreement is terminated for any reason whatsoever:

(a) Fees: Customer will immediately pay all fees accrued up to the date of termination and applicable taxes without any right of deduction or setoff;

(b) No Further Services: Customer and all Users no longer use the Webhosting Services;

(c) Deletion of Data: Webnames.ca may in its discretion permanently delete from its systems the Customer Website and other data associated with Customer use of the Webhosting Services without any notice or liability to Customer or any other person, and Customer will no longer have any right to access or use the Customer Website on Webnames.ca`s systems.

8.5 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 indefinitely after the expiration or termination of this Agreement and will remain in full force and effect and be binding upon the parties as applicable: Sections 6, 7 and 9 and paragraphs 2.2, 3.3(f), 4.10, 5.3, 8.4 and 8.6.

8.6 Suspension. Webnames.ca may in its discretion, and in addition to its other remedies, immediately suspend providing the Webhosting Services without any prior notice or liability to Customer or any other person if: (a) Customer or any User engages in any prohibited use of the Webhosting Services or violates the Webnames.ca Webhosting Acceptable Use Policy; or (b) Customer fails to make any payment when due.

9. General

9.1 Force Majeure. Notwithstanding any other provision of this Agreement, Webnames.ca will not be liable to Customer or any other person for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to any cause or causes that are beyond Webnames.ca`s reasonable control, including without limitation: (a) any act of God, fire, explosion, lightning, storm, flood, earthquake, accident, or natural disaster; (b) war, terrorism, hostilities, civil war, insurrection, riot, civil unrest, commotion or acts of a public enemy; (c) labour shortages, strikes, lock-outs, or other labour, industrial or trade action, disputes, disruption or disturbances (whether involving its employees or those of any other person); (d) theft, sabotage, malicious damage, fraud, epidemic, or quarantine restrictions; (e) material shortages or rationing; (f) general failure, malfunction or unavailability of power, utilities, telecommunications, data communications, or related services; (g) action, inaction, demand, order, restraint, restriction, requirement, prevention or hindrance by any government or court; or (h) applicable law or regulation. Any delay or failure of this kind will not be deemed to be a breach of this Agreement by Webnames.ca, and the time for Webnames.ca`s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

9.2 Relationship of Parties. The parties are independent contractors, and nothing in this Agreement or done pursuant to this Agreement will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between them.

9.3 Subcontractors. Webnames.ca may in its discretion engage subcontractors to perform any or all of Webnames.ca`s obligations under this Agreement.

9.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.

9.5 Governing Law and Disputes. This Agreement will be governed by, and construed in accordance with, the laws of British Columbia and the laws of Canada (excluding choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods) applicable in British Columbia, which will be deemed to be the proper law of this Agreement. All disputes arising from, connected with, or relating to this Agreement, the subject matter of this Agreement (including the Webhosting Services), or the termination of this Agreement will be determined by the courts of British Columbia sitting in the City of Vancouver, and the parties hereby irrevocably submit and attorn to the original and exclusive jurisdiction of the courts of British Columbia sitting in the City of Vancouver for those purposes.

9.6 Interpretation and Language. In this Agreement: (a) a reference to this Agreement and other similar terms refers to this Agreement as a whole and not just to the particular provision in which those words appear; (b) headings in this Agreement are for reference only and do not define, limit or enlarge the scope or meaning of this Agreement or any of its provisions; (c) words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations, societies, and corporations; (d) words importing the singular number only include the plural and vice versa; (e) words importing any gender include all genders; and (f) reference to a day, week, month, quarter or year, means a calendar day, week, month, quarter or year, unless expressly stated otherwise. Customer expressly requests and requires that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui se rapportent soient rediges en anglais.

Webnames.ca Webhosting Services Acceptable Use Policy

Effective July 1, 2005

General Rules.

Use of Webnames.ca Webhosting Services (including the Customer Website, Customer Content and Transactions) must be lawful, ethical, and respectful of the legal rights and interests of all other persons. At Webnames.ca and its officers` discretion, access to Webnames.ca Webhosting may be terminated or revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Without limiting the generality of the foregoing, the following rules apply to the use of Webnames.ca Webhosting Services:

Lawful Use. Use of Webnames.ca Webhosting Services must comply with all applicable laws. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

Other Person Rights. Use of Webnames.ca Webhosting Services must not infringe the rights (including without limitation personal information privacy and personality rights and intellectual property rights) of any other person, or assist any person to infringe the rights of any other person. Without limiting the generality of the foregoing, the Customer Content must not include any material that is or could be considered to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person privacy, promoting or providing instructional information about illegal activities, hateful, or racially, ethnically or otherwise objectionable.

No Disruptive Use. Webnames.ca Webhosting Services must not be used or permitted to be used, directly or indirectly, in any manner or for any purpose that damages, disables, harms, overburdens or impairs any portion of Webnames.ca software, hardware, systems and services or any other person use and enjoyment of Webnames.ca software, hardware, systems and services or the Internet generally, or has the potential to do any of the foregoing (as determined by Webnames.ca in its discretion), including without limitation an excessive amount of traffic to the Customer Website, an excessive distribution of data by or through the Customer Website, or any other uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of the Webnames.ca Webhosting Services or that may otherwise result in the circumvention or breach of any user authentication, password, security or control measures regarding the Webnames.ca Webhosting Services or any other Internet resource or computer system.

No Harmful Content. Webnames.ca Webhosting Services must not be used to directly or indirectly distribute, transmit, communicate, or otherwise make available any materials that contain any intentional or unintentional virus, trojan horse, worm, time bomb, cancelbot, spyware, malware, disabling device or other computer code that may damage, disrupt, disable, compromise, degrade, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, lock, disable, erase, limit the functionality or use of, or otherwise adversely affect, or facilitate unauthorized access to or use of, the Webnames.ca Webhosting Services or any other computer system, hardware, software, telecommunications equipment, or data, or any materials that have had any copyright management information or controls altered or removed without the express permission of the owner of the materials.

No Spam. Webnames.ca Webhosting Services must not be used to directly or indirectly post, upload, reproduce, distribute or otherwise transmit, or collect responses from, any unauthorized or unsolicited email messages, unsolicited junk or bulk messages, unsolicited commercial messages, chain letters, and other forms of spam. Webnames.ca reserves the right to determine in its discretion whether a message constitutes spam.

No Music or Video Distribution. Webnames.ca Webhosting Services must not be used to directly or indirectly distribute, transmit, perform, communicate or otherwise make available any music or video content.

Prohibited Products or Services. Webnames.ca Webhosting Services must not be used to advertise, sell, promote or facilitate transactions relating to escort services; firearms; illegal drugs; information used to circumvent copy-protection devices; pharmaceutical or other controlled substances; sexual or adult paraphernalia; unauthorized copies of computer programs; weapons or instructions how to assemble, make or use weapons; or any products or services that are unlawful under any applicable laws.

No Gaming. Webnames.ca Webhosting Services must not be used to directly or indirectly offer or participate in gambling or other forms of gaming (including without limitation sweepstakes, raffles, lotteries, contests, or pyramid or Ponzi schemes).

Prohibited Purposes. Webnames.ca Webhosting Services must not be used, directly or indirectly, for any purpose or in any manner that is or may be abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory, false, fraudulent, harassing, harmful, hateful, indecent, intimidating, invasive of the privacy rights of others, libellous, misleading, objectionable, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, slanderous, threatening, violent, vulgar, unlawful or otherwise objectionable (as determined by Webnames.ca its discretion), or which advocate, depict, encourage, or tend to incite any such conduct, the commission of a crime or other unlawful activities (including Ponzi or pyramid schemes).

Notices. Use of Webnames.ca Webhosting Services must comply with all notices Webnames.ca may send to Customer or post on the Webnames.ca Website regarding proper use of the Webnames.ca Webhosting Services.

Complaints

Webnames.ca may take such action as it considers appropriate in its discretion if it becomes aware of any inappropriate uses of Webnames.ca Webhosting Services, without any notice or liability to Customer or any other person. Without limiting the generality of the foregoing, Webnames.ca responses may include immediately blocking access to the Customer Website, suspending Transactions or deleting Customer Content. Violations of this Webnames.ca Webhosting Acceptable Use Policy may be reported by sending to hosting@webnames.ca an email containing your name, email address, postal address, telephone number, the subject matter of your complaint, and a concise summary of your complaint.

Compliance, Consequences, and Law Enforcement Disclosure

Webnames.ca may in its discretion determine whether this Webnames.ca Webhosting Acceptable Use Policy has been violated, and may take such technological and other steps as it considers appropriate in its discretion to stop the violation of this Webnames.ca Webhosting Acceptable Use Policy. Violations of this Webnames.ca Webhosting Acceptable Use Policy constitute a breach of the Supplementary Terms and Conditions for Webnames.ca Webhosting Services, and may result in termination or suspension of Webnames.ca Webhosting Services and other consequences, and may subject the responsible persons to criminal and civil liability. Webnames.ca failure to enforce this Webnames.ca Webhosting Acceptable Use Policy, for whatever reason, will not be construed as a waiver of any preceding or subsequent violation of this Webnames.ca Webhosting Acceptable Use Policy. Webnames.ca will not be liable to Customer or any other person for failure to enforce this Webnames.ca Webhosting Acceptable Use Policy. Webnames.ca may in its discretion report perceived violations of this Webnames.ca Webhosting Acceptable Use Policy or applicable laws to law enforcement authorities. Webnames.ca will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Customers and Users personal information (including email account information and payment information) and copies of materials used in connection with Webnames.ca Webhosting Services, including Customer Content, without any notice or liability to Customer or any other person. Nothing in this Webnames.ca Webhosting Acceptable Use Policy limits Webnames.ca`s rights or remedies in any way with respect to a failure to comply with any of the foregoing provisions (including, without limitation, Webnames.ca rights or remedies under the Supplementary Terms and Conditions for Webnames.ca Webhosting Services) and Webnames.ca reserves all rights and remedies available to it with respect to such activities at law or in equity.

Webnames.ca Webhosting Service Level Agreement (SLA)

1. NETWORK UPTIME GUARANTEE

Service Uptime. Webnames.ca target uptime for the Service is 99.9% of the time in every calendar month. Webnames.ca also guarantees that the email services, web serving services, DNS services, and the Webnames.ca network will be available and function for a minimum of 99.9% of the time, not including scheduled maintenance windows. Webnames.ca, multi-redundant network architecture permits operation without service degradation or CUSTOMER interruption in the case of maintenance or equipment failure.

1.1 Webnames.ca will use commercially reasonable efforts to meet or exceed service levels. If Webnames.ca fails to meet the foregoing 99.9% service levels set out below in a rolling two month period, then CUSTOMER will be entitled to receive a credit for such outage in accordance with the schedule below. CUSTOMER will be entitled to deduct said credit for such amounts otherwise payable to Webnames.ca hereunder, calculated in accordance with the table below for each month (computed by reference to a 31 day month), if more than 20% of the CUSTOMER users are affected. If the actual availability for any three month period is less than 98.00%, CUSTOMER will have the right to terminate this Agreement for breach of contract.

Availability % Monthly Service Credit
99.40 - 99.70 10%
99.00 - 99.40 20%
98.00 - 99.00 30%
97.00 - 98.00 40%
96.00 - 97.00 50%
95.00 - 96.00 60%


1.2 Easy Migration. Webnames.ca will use commercially reasonable efforts to avoid any Customer Website or email account downtime during the Easy Migration process. In some cases, file re-naming and folder structure modifications will be made to make the Customer Website and email accounts compatible with Webnames.ca systems and services. In the event of unforeseen incompatibility problems, Webnames.ca will either correct the problem or will cancel the website and email account migration, reverse the DNS back to the Customer existing service provider and issue a refund of any pre-paid fees for Webhosting Services.

2. Maintenance Services. Webnames.ca will provide maintenance as long as this agreement is in effect without charge. Maintenance windows are scheduled at times which least impact our CUSTOMERS based on minimal overall activity on the Webnames.ca web hosting systems which may vary from month to month.

3 Notwithstanding the preceding, Webnames.ca reserves the right, in its reasonable discretion, to perform any emergency work outside of any Maintenance Windows in order to keep the Webnames.ca System functioning in accordance with appropriate Service Levels. If advance notice has been provided, periods of time the Service is unavailable during Emergency maintenance windows will not be included in calculating the service levels actually achieved. Software and hardware failures resulting from a third party intrusion (i.e. denial of service attacks) are excluded from the uptime guarantee. Private label DNS (domain name servers) require 3 DNS entries, the third of which is Webnames.ca generic DNS. Webnames.ca also does not provide any service guarantees for Microsoft Access, ASP, or Cold Fusion. Website or email services downtime resulting from misuse by the CUSTOMER`S end users will not be recorded as downtime when calculating credits.

3.1 Credits for affected websites must be applied for within 60 days of the occurrence of the problem. Webnames.ca`s Technical Services will be responsible for problem investigation and will provide a written response to the CUSTOMER explaining the results of their investigation. In the event there is a dispute of findings, Webnames.ca reserves the right to make the final decision on whether credits will be provided to the CUSTOMER.

4 COLDFUSION - ASP - Please note Coldfusion (.cfm), ASP (.asp) services are hosted on a closed source platform. The 99.9% guarantee does not apply for these services.

5. ACCESS DATABASES - Access is not designed for, nor recommended for use on busy websites. Due to this, we can not guarantee performance for websites which make use of Access databases. We recommend using MySQL or MS-SQL for increased performance and reliability.

Webnames.ca Webhosting is a Web Hosting Service owned and maintained by Webnames.ca Inc.

For additional information regarding Webnames.ca`s terms of service, please contact hosting@webnames.ca.

   
       
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