Last published: 11/14/2014
1. 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.
2.
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.
3.
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.
4.
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 minimum 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.
5.
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.
a.
Storage Space
: email Services are limited regarding the amount of storage (disk) space, as set forth in Your most recent Order.
b.
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.
c.
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.
d.
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.
e.
Maintenance/Downtime
: email Services are subject to scheduled and unscheduled outages which will affect the ability to use email Services.
f.
Personal Use Only
: Email Services are personal to You and Users. Email Services may not be transferred, assigned, licensed, sub-licensed or re-sold.
6.
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.
7.
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.)
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
8.
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.
9.
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.
10.
Disclaimers
. The following provisions are in addition to similar provisions in the Webnames.ca Terms of Use and Services Agreement:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
11.
Termination:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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).
12.
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.
Webnames Email Services Acceptable Use Policy
General Rules:
Use of email Services must be lawful, ethical, and respectful of the legal rights and interests of all other persons. Without limiting the generality of
the foregoing, the following rules apply to the use of email Services:
§
Lawful Use:
Use of email Services must comply with all applicable laws.
§
Other Person`s Rights:
Use of email 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,
use of email Services must not include any material that is or could be considered to be unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous, invasive of another`s privacy, promoting or providing instructional information about illegal activities, hateful,
or racially, ethnically or otherwise objectionable.
§
No Disruptive Use:
email Services must not be used or permitted to be used, directly or indirectly, in any manner or for any purpose that damages, disables, overburdens,
impairs, or used in any other inappropriate manner, or has the potential to do any of the foregoing (as determined by Webnames in its discretion) email
Services or lessens any other person`s use and enjoyment of email Services.
§
No Spam:
email Services must not be used to directly or indirectly post, upload, reproduce, distribute or otherwise transmit, or collecting responses from, any
unauthorized or unsolicited duplicative email messages, unsolicited junk or bulk messages, unsolicited commercial messages, chain letters, and other forms
of spam. Webnames reserves the right to determine in its discretion whether a message constitutes spam.
§
No Harmful or Disruptive Component:
email Services must not be used to directly or indirectly post, upload, reproduce, distribute or otherwise transmit any data, information, or software that
constitutes a virus, trojan horse, worm or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment, or allow any other person to engage in such activity.
§
Proper Identity:
Address information, message headers, content material and other all other identifiers must not be modified, falsified, impersonate others or otherwise
disguise the origin of the material or transmission for the purpose of circumventing this Acceptable Use Policy.
§
Use of Other Services:
The services of another on-line service provider must not be used to engage in or facilitate any activity that violates this Acceptable Use Policy.
§
Notices:
Use of email Services must comply with any notice Webnames may send to You or Users or post on Webnames` website regarding proper use of email Services.
Complaints
Webnames may respond, as it considers appropriate in its discretion, if it becomes aware of any inappropriate uses of email Services, without any notice or
liability to You, Users or any other person. Without limiting the generality of the foregoing, Webnames` responses may include: the immediate disabling of
an email account; blocking or filtering email Data; or the deletion of content, data or materials from all email Data. Webnames may cooperate with other
on-line service providers to discourage and resist abuses of acceptable use policies.
Violations of this Acceptable Use Policy may be reported by sending to abuse@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 may in its discretion determine whether this 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 Acceptable Use Policy or other breach of the Agreement.
Violations of this Acceptable Use Policy constitute a breach of the Agreement governing email Services, and may result in termination or suspension of
email Services and other consequences, and may subject the responsible persons to criminal and civil liability.
Webnames` failure to enforce this Acceptable Use Policy, for whatever reason, will not be construed as a waiver of any preceding or subsequent violation of
this Acceptable Use Policy. Webnames will not be liable to You, Users or any other person for failure to enforce this Acceptable Use Policy.
Webnames may in its discretion report perceived violations of this Acceptable Use Policy or applicable laws to law enforcement authorities. Webnames will
co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Users` personal information
(including email account information and payment information), and copies of materials used in connection with email Services, including email Data.
Nothing in this Acceptable Use Policy shall be interpreted to limit Webnames` rights or remedies in any way with respect to a failure to comply with any of
the foregoing provisions (including, without limitation, Webnames` rights or remedies under the Agreement governing email Services) and Webnames reserves
all rights and remedies available to it with respect to such activities at law or in equity.