Supplementary Terms and Conditions for Webnames.ca Hosting Services

Last published: Nov 14, 2014

The terms and conditions set forth and referenced below govern access to and use of the Hosting Services, limit and exclude warranties and remedies regarding the Hosting 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 Hosting 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 Hosting 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, owned and operated by Customer and in respect of which Webnames.ca provides the Hosting 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) “Goods and Services” means goods and services advertised on or sold through the Customer Website;

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

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

(g) “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;

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

(i) “Hosting Services” means the website hosting and related services described in the Order Form or subject to a telephone order accepted by Webnames.ca, and as set forth in this Agreement; and

(j) “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 Hosting 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 Hosting Services: The Hosting Services are governed by the Webnames.ca Terms of Use and Services Agreement ( click here to view ) and these Supplementary Terms and Conditions (including the Webnames.ca Hosting Acceptable Use Policy set forth 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 Hosting 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 Hosting 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; Terms for Domain Names and Additional Terms and Conditions for E-mail (collectively the “Other Webnames.ca Agreements”). By ordering Hosting 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 Hosting 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 Hosting 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 Hosting 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 Hosting 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 Hosting 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 one month in advance of 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) 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 Plan Upgrades: If Customer’s Hosting Services plan is upgraded by Webnames.ca in accordance with this Agreement, then Customer will pay additional fees applicable for the upgraded Hosting Services for the balance of the then-current Initial Term or Renewal Term (which fees will be a prorated portion of the fees ordinarily payable for the increased Hosting Services applicable to the balance of the then-current Initial Term or Renewal Term and will be immediately charged to Customer’s credit card or other applicable payment specified in the Order Form or otherwise on account with Webnames.ca) and each subsequent Renewal Term (which fees will be charged as set forth in section 2.2 above) unless Customer changes the Hosting Service in accordance with this Agreement.

2.4 Customer Changes to Hosting Services Plan: Customer may request changes to Customer’s Hosting Services plan 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. If Webnames.ca agrees to downgrade Customer’s Hosting Services plan, then the unused portion of any pre-paid fees in excess of the fees payable for the downgraded Hosting Services plan will be applied as a credit against fees payable by Customer for the next Renewal Term of Hosting Services only.

3. The Hosting Services and Restrictions

3.1 Hosting 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 commercially reasonable efforts to make the following 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) Site Migration: If Customer has an existing website and email accounts at another service provider, Webnames.ca will migrate Customer’s website and email accounts to Webnames.ca’s services.

3.2 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.

3.3 General Restrictions, Limitations, Requirements and Prohibitions: The Hosting Services are provided subject to the following restrictions, limitations and prohibitions:

(a) Plans: Hosting Services are available in different plans, each of which may be subject to limitations or restrictions (including limits on storage and bandwidth and the number of files or folders) specified in the Order Form or this Agreement (including the Webnames.ca Hosting Acceptable Use Policy), as those limitations or restrictions are changed by Webnames.ca or Customer from time to time as set forth in this Agreement. If Customer’s use of Hosting Services exceeds the applicable limitations or restrictions, then Webnames.ca may in its discretion either immediately suspend the Hosting Services until the next applicable metered period or upgrade Customer’s Hosting Services plan as set forth in this Agreement.

(b) Customer Website: The Customer Website may be used only for Customer’s own personal or business purposes, and not to or for the benefit of any other person. Customer may not share, assign, sublicense, or re-sell access to or use of the Hosting Services or any portion thereof.

(c) 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.

(d) 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 Hosting 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 Hosting Acceptable Use Policy.

(e) Changes to Hosting 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 Hosting Services without any notice or liability to Customer or any other person. Changes in the Hosting Services may affect the Customer Website and its operation.

3.4 Plan Upgrades: If Customer’s use of Hosting Services exceeds any of the limits (including storage or bandwidth limits) applicable to Customer’s Hosting Services plan, then instead of suspending the Hosting Services Webnames.ca may in its discretion upgrade Customer’s Hosting Services plan to the next higher plan level that supports Customer’s actual use of the Hosting Services. If Customer does not wish to maintain an upgraded Hosting Services plan, then Customer may downgrade to Customer’s original plan level upon thirty (30) days’ notice to Webnames.ca by contacting Webnames.ca at 1-866-221-7878.

3.5 Additional Restrictions/Requirements for Hosting Services: Without limiting the generality of any other provision of these Supplementary Terms and Conditions, the Hosting Services are provided subject to the following restrictions and requirements:

(a) Customer Website: Hosting Services may be used solely for the purpose of hosting Customer Website, and may not be used for the purpose of hosting a website owned by someone other than Customer.

(b) No Data Storage/Backup: Hosting Services may be used solely for the purpose of hosting data and files directly linked to the Customer Website, and not as a storage or backup service for any data or files (whether the data or files are owned by Customer or any other person). Customer may create and store on the Hosting Service a maximum of seven (7) backup of the Customer Website at any given time, and the backup may not exceed a total of 2GB. (Customer may create additional backups on Customer’s own storage devices). For greater certainty, Hosting Services are not a backup or archive service, and may not be used to store or host data or files (including images) for posting, display, distribution or access on or through any website other than the Customer Website.

(c) Excessive Use: Hosting Services are provided using a shared hosting environment, which means that websites and related data of different customers are stored on the same server and share the use of the same infrastructure, and therefore excessive use of Hosting Services by one customer can adversely affect the quality of Hosting Services available to other customers. Customer will ensure that Customer’s use of Hosting Services does not overload or place an unreasonable strain or demand (including in terms of bandwidth, processing power (CPU cycles), server memory (RAM usage) or disk space) on the infrastructure used by Webnames.ca to provide Hosting Services or otherwise impair the performance of the infrastructure used by Webnames.ca to provide Hosting Services. Without limiting the generality of the foregoing, Customer will ensure that the Customer Website does not:

(i) generate a daily, weekly or monthly volume of network traffic that is excessive in relation to the amount of network traffic typically generated by Webnames.ca’s other customers who use similar Hosting Services plans for a regular website in the course of its regular activities;

(ii) consume processing resources in a manner that is excessive in relation to the processing resources typically used by Webnames.ca’s other customers who have purchased a similar Hosting Services plans. Customer may not increase actual storage space by more than 1GB in any 24-hour period without prior written notice to Webnames.ca.

(d) PCI DSS: Hosting Services are not intended to provide a PCI DSS (Payment Card Industry Data Security Standard) compliant environment, and should not be considered to be PCI DSS compliant.

(e) Storage/Usage Limits: All Hosting Services plans (including plans that offer As Much As you Need) are subject to the following limits:

(i) no more than 500,000 files and folders per account (for Windows hosting accounts) or 500,000 inodes per account (for Linux hosting accounts);

(ii) no more than 500 tables per database;

(iii) no more than one gigabyte (GB) of storage per database;

(iv) no more than 1000 database requests per hour;

(v) no more than 150 emails per hour per account per hour;

(vi) no email attachment larger than 20mb.

(f) Other: Customer will not compile or install binary files other than the files provided by Webnames.ca as part of Hosting Services. Webnames.ca does not make C compilers available, and the PERL binaries provided will not have networking support (for example, socket.ph, ftp.pl, etc.). Telnet and shell access are strictly prohibited.

3.6 Consequences: If Customer’s use of Hosting Services exceeds the limits of Customer’s Hosting Services plan, violates the limits and restrictions set forth in this Agreement or otherwise breaches this Agreement, Webnames.ca may immediately suspend the Hosting Services. Webnames.ca will use commercially reasonable efforts to send warning emails to Customer if Customer exceeds 90% of the bandwidth and disk space limits applicable to Customer’s Hosting Services plan.

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 Hosting 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 Hosting 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 Hosting Services or used by Customer or Users in connection with the Hosting 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 Hosting Services (the “Technical Representatives”) have suitable qualifications and expertise regarding computer software and other systems necessary to use and administer the Hosting 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. Customer represents and warrants that Customer has all rights, title and interests necessary to use and authorize other persons to use the Customer Website (including all content of the Customer Website).

4.5 Acceptable Use: Customer is fully responsible and liable for Customer and Users use of the Hosting Services (including the Customer Website) and any and all acts and omissions by Customer and Users. Customer will ensure that all use of the Hosting Services (including the Customer Website) by Customer and Users complies with all applicable laws, this Agreement, and the Webnames.ca Hosting 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 Hosting 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 Hosting Acceptable Use Policy on the Webnames.ca Website.

4.6 Access Codes: The Hosting 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 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 Hosting 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 Hosting Services (including the Customer Website).

4.8 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 Hosting Services. Customer will reasonably assist Webnames.ca to provide the Hosting Services and will perform such duties and tasks as may be reasonably requested by Webnames.ca.

4.9 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 Hosting 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.

4.10 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:

(a) use of the Hosting Services by Customer or Users;

(b) 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;

(c) any negligence, misconduct, breach of this Agreement or violation of the Webnames.ca Hosting Acceptable Use Policy by Customer, Users, or any other person for whom Customer is under this Agreement or in law responsible;

(d) the suspension or termination of Hosting Services; or

(e) 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).

4.11 In this Agreement:

(a) “Claims” means claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, losses, 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;

(b) “Representatives” means past, present and future directors, officers, employees, agents, subcontractors, service providers, representatives, successors, permitted assigns, related persons and each of them; and

(c) “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.

4.12 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).

4.13 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 Hosting 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 Hosting 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 Hosting 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 Hosting Services (including without limitation all software and technology used to provide the Hosting 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 Hosting Services does not transfer to Customer or any other person any ownership or other rights in the Hosting Services. As between the parties, Webnames.ca owns and retains all right, title and interest in, to and associated with the Hosting Services (including without limitation all software and technology used to provide the Hosting 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 Hosting 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 Hosting 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:

(a) THE HOSTING 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 HOSTING SERVICES WILL MEET CUSTOMER’S NEEDS OR BE FREE FROM ERRORS OR DEFECTS OR THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED;

(c) WEBNAMES.CA DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING THE NATURE, QUALITY OR ACCURACY OF THE HOSTING SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW;

(d) USE OF THE HOSTING SERVICES IS AT CUSTOMER’S OWN RISK;

(e) THE HOSTING 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 HOSTING SERVICES;

(h) CUSTOMER WILL REMAIN SOLELY AND EXCLUSIVELY RESPONSIBLE FOR CUSTOMER’S AND USERS’ USE OF THE HOSTING 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’S 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’S 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’S BREACH OF THIS AGREEMENT, CUSTOMER’S OR USERS’ VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHER PERSONS, USERS’ VIOLATION OF THE WEBNAMES.CA HOSTING ACCEPTABLE USE POLICY, OR CUSTOMER’S 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 HOSTING 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 SITE 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 7.6, “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 HOSTING SERVICES, OR WEBNAMES.CA POLICIES, GUIDELINES OR PRACTICES, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT PURSUANT TO PARAGRAPH 8.1 AND CEASE USING THE HOSTING SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER WILL NOT BE ENTITLED TO ANY CREDITS, REBATES, OR REFUNDS FOR ANY SERVICE DEFICIENCIES, INCLUDING WITHOUT LIMITATION ANY UNAVAILABILITY OF THE HOSTING 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 HOSTING 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. Webnames.ca reserves the right to suspend or terminate accounts, or remove or modify any files, which are deemed to be a threat to the functionality or existence of the Webnames.ca Hosting system without any prior notice to Customer. Webnames.ca may terminate this Agreement for cause immediately upon delivery of notice of termination to Customer if:

(a) Customer materially breaches this Agreement (including the Webnames.ca Hosting Acceptable Use Policy); 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 Hosting 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 Hosting 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, 4.13, 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 Hosting Services to Customer without any prior notice or liability to Customer or any other person if:

(a) Customer or any User breaches this Agreement (including the Webnames.ca Hosting Acceptable Use Policy) or engages in any prohibited or excessive use of the Hosting Services; 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 Hosting 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 (including the Webnames.ca Hosting Acceptable Use Policy) 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 Hosting Acceptable Use Policy General Rules.

Use of Hosting Services (including the Customer Website and Transactions) must be lawful, ethical, and respectful of the legal rights and interests of all other persons. At Webnames.ca’ discretion, access to Webnames.ca Hosting 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 Hosting Services:

1. Lawful Use: Use of Hosting 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.

2. Other Person Rights: Use of Hosting 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 Website 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.

3. No Unauthorized/Disruptive Use: Hosting Services may be used solely in the manner intended by Webnames.ca using the ordinary navigational structure, technical delivery systems and display of the Hosting Services as purposely made available by Webnames.ca. Hosting 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 Hosting Services or that may otherwise result in the circumvention or breach of any user authentication, password, security or control measures regarding the Hosting Services or any other Internet resource or computer system.

4. No Harmful Content: Hosting 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, Hosting 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.

5. No Spam/CEMs: Hosting Services must not be used to directly or indirectly post, upload, reproduce, distribute or otherwise transmit, or collect responses from, or take the benefit of (including through advertising of the Customer Website), any unauthorized or unsolicited electronic messages (including email), 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 a prohibited commercial electronic message.

6. Prohibited Content: Hosting Services must not be used to directly or indirectly distribute, transmit, perform, communicate, store or otherwise make available any music, videos, photographs/images or software downloads or to operate any online games or a private gaming server.

7. Prohibited Products or Services: Hosting 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. Hosting Services must not be used to operate any peer-to-peer applications, peer-to-peer file sharing services, proxy servers, bit torrent services, proxy server networks, chat or messaging services, photo sharing services, file sharing services, or other resource intensive services or applications.

8. No Gaming: Hosting 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).

9. Excessive Use: Hosting Services must not be used in a manner that interferes with the use and enjoyment of Hosting Services by other Webnames.ca customers.

10. Prohibited Purposes: Hosting 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).

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

12. Complaints: Webnames.ca may take such action as it considers appropriate in its discretion if it becomes aware of any inappropriate uses of Hosting 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 part of the Customer Website. Violations of this Webnames.ca Hosting 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.

13. Compliance, Consequences, and Law Enforcement Disclosure

14. Webnames.ca may in its discretion determine whether this Webnames.ca Hosting 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 Hosting Acceptable Use Policy. Violations of this Webnames.ca Hosting Acceptable Use Policy constitute a breach of the Supplementary Terms and Conditions for Hosting Services, and may result in termination or suspension of Hosting Services and other consequences, and may subject the responsible persons to criminal and civil liability. Webnames.ca failure to enforce this Webnames.ca Hosting Acceptable Use Policy, for whatever reason, will not be construed as a waiver of any preceding or subsequent violation of this Webnames.ca Hosting Acceptable Use Policy. Webnames.ca will not be liable to Customer or any other person for failure to enforce this Webnames.ca Hosting Acceptable Use Policy. Webnames.ca may in its discretion report perceived violations of this Webnames.ca Hosting 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 Hosting Services, including the Customer Website, without any notice or liability to Customer or any other person. Nothing in this Webnames.ca Hosting 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 Hosting Services) and Webnames.ca reserves all rights and remedies available to it with respect to such activities at law or in equity.

Webnames.ca Hosting Service Level Agreement (SLA)

1. NETWORK UPTIME Service Uptime: Webnames.ca target uptime for the Service is 99.9% of the time in every calendar month, not including scheduled maintenance windows. Webnames.ca, multi-redundant network architecture is designed to permit operation without service degradation or Customer interruption in the case of maintenance or equipment failure.

2. Site 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’s 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’s existing service provider and issue a refund of any pre-paid fees for Hosting Services.

3. 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.

4. 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 target. Private label DNS (domain name servers) require 3 DNS entries, the third of which is Webnames.ca generic DNS.

5. COLDFUSION – ASP: Please note ColdFusion (.cfm), ASP (.asp) services are hosted on a closed source platform, and are not part of the 99.9% uptime target.

6. ACCESS DATABASES: Access is not designed for, nor recommended for use on busy websites. We recommend using MySQL or MS-SQL for increased performance and reliability.

Webnames.ca Hosting 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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