Canada Website Designers Terms and Conditions
As a Division of "World Network Holdings Ltd."...
These Terms of Service (the "Agreement") are an agreement between World Network Holdings Ltd., and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by World Network Holdings Ltd. and of the World Network Holdings Ltd. website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
A. Use of the Services is also governed by the following policies, which are incorporated by reference.
2. Account Eligibility
A. By registering for or using the Services, you represent and warrant that: i.You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. ii.If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
B.It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. World Network Holdings Ltd. is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact us via email or update your contact information through the World Network Holdings Ltd. Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
C.You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
D.Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
3. World Network Holdings Ltd. and Canada Website Designer's Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "World Network Holdings Ltd. Content"), are the proprietary property of World Network Holdings Ltd. or World Network Holdings Ltd.'s licensors. World Network Holdings Ltd. Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any World Network Holdings Ltd. Content. Any use of World Network Holdings Ltd. Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any World Network Holdings Ltd. Content. All rights to use World Network Holdings Ltd. Content that are not expressly granted in this Agreement are reserved by World Network Holdings Ltd. and World Network Holdings Ltd.'s licensors.
4. User Content
A.You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to World Network Holdings Ltd. that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to World Network Holdings Ltd. a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, World Network Holdings Ltd. does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. B.World Network Holdings Ltd. exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through World Network Holdings Ltd.'s computers, network hubs and points of presence or the Internet. World Network Holdings Ltd. does not monitor User Content. However, you acknowledge and agree that World Network Holdings Ltd. may, but is not obligated to, immediately take any corrective action in World Network Holdings Ltd.'s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that World Network Holdings Ltd. shall have no liability due to any corrective action that World Network Holdings Ltd. may take.
5. Account Security and World Network Holdings Ltd. Systems.
A.It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
B.The Services, including all related equipment, networks and network devices are provided only for authorized customer use. World Network Holdings Ltd. may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
C.Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. World Network Holdings Ltd. may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D.Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by World Network Holdings Ltd. of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, World Network Holdings Ltd. may clean-up your account for an additional fee. E.World Network Holdings Ltd. reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
6. Security of Personal Data
You are solely responsible for any applicable compliance with National laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. World Network Holdings Ltd. does not control or monitor the information or data you store on, or transmit through, the Services.
7. Compatibility with the Services
A.You agree to cooperate fully with World Network Holdings Ltd. in connection with World Network Holdings Ltd.'s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, World Network Holdings Ltd. is not responsible for any delays due to your failure to timely perform your obligations.
B.You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by World Network Holdings Ltd. to provide the Services, which may be changed by World Network Holdings Ltd. from time to time in our sole discretion.
C.You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. World Network Holdings Ltd. does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
8. Billing and Payment Information A. Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
B. Autorenewal. Unless otherwise provided, you agree that until and unless you notify World Network Holdings Ltd. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services on file with us.
B. Late Payment. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, World Network Holdings Ltd. may suspend or terminate your account and pursue the collection costs incurred by World Network Holdings Ltd., including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. World Network Holdings Ltd. will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact World Network Holdings Ltd. directly after you make a late payment to reactivate the dedicated server.
C. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. World Network Holdings Ltd. may report any such misuse or fraudulent use, as determined in World Network Holdings Ltd.'s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
D. Invoice Disputes. You have ninety (90) days to dispute any charge or payment processed by World Network Holdings Ltd.. If you have any questions concerning a charge on your account, please contact us immediately for assistance.
9. Cancellations and Refunds A. Payment Method.
You may terminate or cancel the Services by giving World Network Holdings Ltd. written notice. In such event: (i) you shall be obligated to pay all fees and charges due prior to the effectiveness of such cancellation. World Network Holdings Ltd. will confirm your request and process your cancellation shortly thereafter. Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via 1.306.715.9093 (phone) You are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
10. Termination
World Network Holdings Ltd. may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm World Network Holdings Ltd. or others or cause World Network Holdings Ltd. or others to incur liability, as determined by World Network Holdings Ltd. in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, World Network Holdings Ltd. shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, World Network Holdings Ltd. may charge you for all fees due for the Services for the remaining portion of the then current term.
11. CPU, Bandwidth and Disk Usage A. Permitted CPU and Disk Usage.
All use of hosting space provided by World Network Holdings Ltd. is subject to the terms of this Agreement and the Acceptable Use Policy. Hosting space may only be used for web files, active email and content of User Websites. Hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. World Network Holdings Ltd. expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. World Network Holdings Ltd. may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of World Network Holdings Ltd.'s terms and conditions.
12. Dedicated Servers
World Network Holdings Ltd. reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. World Network Holdings Ltd. reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups unless arranged with us. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. World Network Holdings Ltd. will not be liable for any loss of data resulting from such deletion.
13. Price Change
World Network Holdings Ltd. reserves the right to change prices, the monthly or yearly payment amount, or any other charges at any time.
14. Limitation of Liability
IN NO EVENT WILL WORLD NETWORK HOLDINGS LTD ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WORLD NETWORK HOLDINGS LTD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WORLD NETWORK HOLDINGS LTD'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WORLD NETWORK HOLDINGS LTD FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
15. Disclaimer
World Network Holdings Ltd. shall not be responsible for any damages your business may suffer. World Network Holdings Ltd. makes no warranties of any kind, expressed or implied for the Services. World Network Holdings Ltd. disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by World Network Holdings Ltd. or our employees.
16. Backups and Data Loss
Your use of the Services is at your sole risk. World Network Holdings Ltd.'s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to hosted accounts as a courtesy and may be modified or terminated at any time at World Network Holdings Ltd.'s sole discretion. World Network Holdings Ltd. does not maintain backups of dedicated accounts. World Network Holdings Ltd. is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on World Network Holdings Ltd.'s servers.
17. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WORLD NETWORK HOLDINGS LTD AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. WORLD NETWORK HOLDINGS LTD AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WORLD NETWORK HOLDINGS LTD AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
18. Disclosure to Law Enforcement
World Network Holdings Ltd. may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
19. Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
20. Headings.
The headings herein are for convenience only and are not part of this Agreement.
21. Changes to the Agreement or the Services
A.World Network Holdings Ltd. may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the World Network Holdings Ltd. website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. B.World Network Holdings Ltd. reserves the right to modify, change, or discontinue any aspect of the Services at any time.
22. Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
23. Waiver
No failure or delay by you or World Network Holdings Ltd. to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
24. Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of World Network Holdings Ltd.. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. World Network Holdings Ltd. may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
25. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
26. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.