This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") constitutes a legal agreement between you and Light Speed Consulting Corporation ( "We", "Us", "dotCanada" or "dotCanada.com") a provider of retail web hosting, e-mail, electronic commerce, and domain name services ("Services").
dotCanada.com, as your web hosting service provider, will supply Customer with a shared web hosting solution according to the specifics of your plan, along with various services you select for maintaining your Web site, as indicated on our Web site (hereinafter "Services").
You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
This Agreement represents the entire agreement between you and dotCanada.com, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by dotCanada.com or written agreement by an authorized officer of dotCanada.com(provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
Any of the terms, prices or services offered can be amended, modified or updated by dotCanada.com at any time.
Customer is responsible for uploading Web site files and/or providing and setting up any Web site content. dotCanada.com is not responsible for modifying, correcting or updating Web site material.
Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
Customer is responsible for maintaining the confidentiality of login and billing information. dotCanada.com is not liable for any account disputes that may arise between various parties holding account login information. dotCanada.com is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
Customer is responsible for updating and maintaining contact and billing information with dotCanada.com. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. Customer is responsible for ensuring that dotCanada.com is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by dotCanada.com to maintain the account.
Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s). dotCanada.com will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but dotCanada.com does not take responsibility if e-mail notification(s) is not received by the Customer. dotCanada.com reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the bandwidth allotment.
Server resources are limited in our shared hosting environment. You are responsible for ensuring your account does not consume more than 2% of server resources for a period of 30 seconds or longer, and to ensure your account does not abuse server resources at the sole discretion of dotCanada.com. Failure to do so may result in account suspension and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Inodes are limited in our shared hosting environment. Each file, directory and email uses one inode. The most common reason for excessive inode usage is if your 'catchall' email is enabled and never emptied. Additionally causes for excessive inode usage may include text-based databases or text-based forums and messaging systems. You are responsible for ensuring your account does not use more than 100,000 inodes. Additionally, no single directory may contain more than 20,000 inodes. Failure to do so may result in removal and deletion of such materials as well as account suspension and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Email accounts are intended for normal use only and each individual email account is limited to 250 MB and must not exceed 10,000 emails. Additionally, no individual email (incoming or outgoing) may be larger than 20 MB including all attachments. Emails exceeding these limits may be removed from our servers without notification. Our e-mail system is not intended for storage of media or other data. You are responsible for removing any files and attachments which do not meet these requirements, and for adhering to any email account limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Mysql databases are limited to 1 GB each. Our mysql system is not intended for storage of media or other data. You are responsible for removing any data which does not meet these requirements, and for adhering to any mysql account limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
dotCanada.com reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
Customer accepts liability resulting from any breach of our AUP.
Customer is responsible for making end-users aware of all the policies of dotCanada.com and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
(excluding Trademarks and Copyright complaints)
dotCanada.com does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP.
We take no responsibility for the content or information contained on our Customers’ Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by dotCanada.com do not necessarily reflect our views. The contents of the Web pages hosted by dotCanada.com are not monitored or reviewed in any way before they appear on the Internet.
Accounts will not be activated or reactivated without prior payment.
All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the Customer, due to actions taken by dotCanada.com in response to Customer non-payment, are not the responsibility of dotCanada.com.
dotCanada.com’s preferred methods of payment are credit card or PayPal.
By purchasing our services, you are agreeing to allow dotCanada.com to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
You grant dotCanada.com permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.
If we are unable to process a payment for your hosting plan by its due date, we will add a $10.00 Late Payment Penalty.
If we are unable to process your payment within 3 days following your due date the account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
If we are required to recover files due to a cancelled account, we may bill up to $50.00 for our data recovery time and effort.
If an account has been suspended/cancelled for non-payment, it will only be reactivated upon payment of all overdue fees (including any late penalties and data recovery fees.)
If we make any refunds due to charges you dispute with your credit card company or Paypal, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by dotCanada.com as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Fees for products and services are non-refundable, unless there is an express money-back guarantee.
If you are paying via a recurring PayPal Subscription, it is your responsibility to cancel the subscription through PayPal.
If you do not wish to continue hosting with dotCanada.com, or do not wish to renew your domain name, it is your responsibility to contact our Support Team to cancel your account. You will need to indicate when you would like to cancel the account and whether you will maintain ownership of any domain names associated with your account.
Transferring a domain to a new hosting Company does not constitute cancelling an account with dotCanada.com.
If an account with a fourty-five (45) day money-back guarantee is purchased and cancelled within fourty-five (45) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a fourty-five (45) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first fourty-five (45) days.
The fourty-five (45) day money-back guarantee is valid for credit-card payments and PayPal payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the fourty-five (45) day money-back guarantee for other payment methods.
If your account is cancelled for any reason, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded. If we are not able to do so, we will issue the refund in the form of a check.
You have ninety (90) days to dispute any charge or payment processed by dotCanada.com. If you have a question concerning a charge you believe is incorrect, please contact us at billing@dotCanada.com.
Customer is responsible for providing the equipment and services necessary to access dotCanada.com networks, systems and servers. dotCanada.com makes no assurances that the Customer’s equipment is compatible with its services.
dotCanada.com is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by dotCanada.com or not residing on dotCanada.com’s network, systems or servers.
dotCanada.com is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer.
If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store.
Customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others.
Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
Customer is responsible for the security of Customers’ credit cards.
dotCanada.com is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between Customers and their Customers.
We will use all efforts to ensure that Customers’ Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by dotCanada.com.
However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
Pursuant to dotCanada.com’s Privacy Statement, dotCanada.com may disclose to third parties certain aggregate information contained in your signup or related data. However, dotCanada.com will NOT disclose personally identifying information to third parties unless such disclosure is:
- required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
- to enforce these Terms of Service or otherwise establish or exercise dotCanada.com’s legal rights or defense against legal claims; or
dotCanada.com does not maintain backup copies of Customer Web sites or e-mail.
dotCanada.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available.
We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site.
By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Upon a Customer’s request, and subject to these terms and conditions, dotCanada.com will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that dotCanada.com, in its sole discretion, elects to employ for such registration or renewal (the "Chosen Registrar"). dotCanada.com reserves the right to refuse any request for registration or renewal of a domain name.
When registering a new domain name, or if your domain name is already registered with dotCanada.com’s domain registrar, we will attempt to enroll your domain in our Automated Domain Renewal Service. Through this service, dotCanada.com will attempt to automatically initiate the renewal of any domain name you register through dotCanada.com. The renewal will be initiated 15 days before a domain’s expiration date. Of course, you can opt out of the Automated Domain Renewal Service at any time by contacting our Support Team. While participating in the Automated Domain Renewal Service, you agree to be bound by the policies associated with this service. In the event of conflict between those policies and rules and this Agreement, this Agreement will control.
The registration or renewal of any domain name by dotCanada.com on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer’s continued compliance with any and all dotCanada.com Terms of Service and the AUP.
Once a domain name has been registered or renewed through dotCanada.com, no refunds will be given for the domain registration or renewal fee.
The Customer has full ownership rights over any domain name registered or renewed through dotCanada.com, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, dotCanada.com will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, dotCanada.com will take ownership of the domain name(s) registered.
dotCanada.com is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with dotCanada.com does not automatically update it with the Chosen Registrar.
dotCanada.com is not responsible for any domain name’s availability. The Customer waives any and all claims against dotCanada.com for, and hereby releases dotCanada.com from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, dotCanada.com will provide the Customer with the name of the Chosen Registrar.
The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against dotCanada.com for, and hereby releases dotCanada.com from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration, renewal or release of a domain name in such circumstances, regardless of if the domain name is included in the cost of hosting or renewal hosting, and regardless of if the domain purchase price or renewal price has been paid in full.
In the event that a customer domain renewal is not automatically processed due to automation error, registrar partner error or other undefined or undetermined error, the customer has up to 28 days after the expiration date to contact us through our ticket system at https://secure.dotCanada.com/submitticket.php?step=2&deptid=002 and have this corrected at no additional cost. Following 28 days we cannot guarantee the availability, nor cost of domain renewal – the availability and cost of the renewal are mandated by the partner registrar.
dotCanada.com is not liable for domain disputes that may arise over changed registrant information for a domain name.
dotCanada.com is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. dotCanada.com will not act as an arbitrator, but will honor any ICANN decisions.
If we are unable to secure payment before the domain renewal date, the domain name will expire.
Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.
After a domain has expired, we will, upon a Customer’s request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
If we receive a dispute of payment, a chargeback or a request for a refund from your credit card dotCanada.com for a renewed domain name, dotCanada.com will take over the ownership of the domain name in question.
The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, dotCanada.com assumes responsibility only for processing such renewal request with the Chosen Registrar. dotCanada.com disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
dotCanada.com bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.
If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. dotCanada.com shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer’s failure to comply with such terms, conditions, procedures and/or policies.
While dotCanada.com will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to dotCanada.com Wholesale and Private-Label Resellers.
The Reseller agrees, on behalf of both the Reseller and each Customer signed up by the Reseller, to comply with these Terms of Service.
In the event that a Reseller or a Reseller’s Customer is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
dotCanada.com is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify dotCanada.com from and against any and all claims made by any Customer that result from the Reseller’s misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
dotCanada.com reserves the right to revise its Wholesale and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online.
Customers who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
Resellers cannot make any modifications to the dotCanada.com Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller’s account(s). dotCanada.com is not responsible for any modifications made to the Terms of Service by Resellers.
Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Customers. dotCanada.com reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
Both you and dotCanada.com hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and dotCanada.com each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
dotCanada.com operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where dotCanada.com must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
DOTCANADA.COM AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH DOTCANADA.COM IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY DOTCANADA.COM.
YOU AGREE THAT ALL ACCESS AND USE OF DOTCANADA.COM AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL DOTCANADA.COM BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOTCANADA.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and provincial court of The Province of Ontario having jurisdiction over you. The Terms and the relationship between you and dotCanada.com shall be governed by and interpreted in accordance with the laws of The Province of Ontario, Canada, without reference to its principles of conflicts of law.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Last Modified: February 1, 2013
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