Monthly Service Terms & Conditions (Including Hosting)
“Inyerface Designs” or “We” refers to Inyerface Designs Inc., its subsidiaries and affiliates.
“Service” refers to the services provided by us and subscribed to by you and may include, but is not limited to, website hosting, email service, and technical support. “You” refers to the person or organization who uses or subscribes to Inyerface Designs’s Service.
This Agreement sets forth the Terms and Conditions that apply to use of the Service by you. By using the Service, you agree to comply with all of the Terms and Conditions set out in this document.
We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.
Term and Termination
The Service is for an initial term as agreed between us and shall automatically renew at the end of the initial Term on a month-to-month basis unless terminated by either of us in accordance with these Terms and Conditions or if it is an annual service, in this case it will renew on an annual basis.
If, within an agreement of a fixed duration, you are benefiting from a promotional price, that is to say a rate that is less than the usual monthly rate for the same service, you may not terminate your agreement before the end of the fixed term. All charges shall be paid in advance, upon receipt of your first invoice. Upon the expiration of your agreement, your service shall automatically renew for the same term at the regular price, unless you give us a written notice, at least 30 days in advance. If you choose to cancel the agreement prior to the expiration date, the regular price will be applied retroactively from the start of your subscription. You shall be reimbursed on pro rated basis of your remaining prepaid charges.
If you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Service, or if you are simply moving on for other reasons, your sole and exclusive remedy is to terminate your Service agreement with us in accordance with our cancellation policy and discontinue using the Service. You must provide us with no less than thirty (30) days notice prior to the next billing date. To terminate your account you must submit a Cancellation Request by logging into your account and selecting the service you wish to cancel. You are bound to the term of your service agreement until we received notice of your Cancellation Request.
No refunds will be given for partial terms or for any initial registration fee.
We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.
While using the Service you must comply with applicable laws at all times. You assume total responsibility and risk for yourself and your authorized users’ use of the Service.
You are responsible for paying all charges necessary to use and access the Service. We will recognize only the account owner and authorized contacts on your account as the person(s) authorized to accept, utilize, manage, modify or terminate the Service.
We collect and use personal information about you and your use of our Services (“Information”): (i) to consider initiating and to initiate, maintain and develop our relationship with you in connection with our offering and servicing of products and services; (ii) to administer billing and accounting services and security measures in relation to your business with us; (iii) to monitor your customer history, evaluate your credit standing and to share or exchange credit reports and information with credit reporting agencies and credit bureaus; (iv) to promote and to market additional products, goods and services offered by us, including by means of direct marketing; and (v) to comply with legal and regulatory requirements.
You consent to our collection from, verification with, communication to, any third party and our and their use of, Information for these purposes. You authorize these parties to give us the Information. You acknowledge that your name, address and telephone number are not considered confidential Information and may be disclosed by us. In addition, you agree that we may disclose Information to: (i) any person who, in our reasonable judgement, is seeking the Information as your agent; or (ii) a person involved directly or indirectly in supplying the Service to you, including, without limitation, our sales agents, to the extent the Information is required and used only for such purposes, including the efficient supply of Services to you, and provided that person is required to keep such Information confidential; or (iii) a person retained by us to collect amounts which you owe us or to enforce our rights under these Terms and Conditions, if the Information is required for, and is to be used only for that purpose and that person is required to keep such Information confidential.
We may also use Information in our records for as long as it is needed for the purposes described above and your consent remains valid after the termination of our relationship with you. You understand and agree that, unless we are notified in writing (letter, email or facsimile) to the contrary, we are further authorized to disclose, on a confidential basis, to any party with whom we have business relations all relevant information relating to your dealings with us and our Service.
The prices for the Service are made available on our website and are subject to change without notice.
We will invoice you in advance of the provision of Service, unless otherwise specified in these Terms and Conditions. The invoice will include, and you will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue invoices.
You must bring invoice inquiries and disputes to our attention within 30 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.
Invoices are due on the date specified on the invoice. Unpaid amounts as and from 15 days after the invoice date will be billed a fixed late fee of $25.00, or such other rate as we may determine from time to time. Payment shall be made by credit card (Visa, MasterCard, PayPal), PayPal or by Cheque on a yearly term. Should a payment be rejected by your financial institution for any reason, you will be charged a fee of $55.00.
Should you choose to pay invoices by any method other than by monthly credit card charges you may be subject to a credit check. We reserve the right to examine your credit record before we provide, continue or reinstate Services to you. You authorize us to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as we may reasonably request for this purpose.
We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: (i) any such suspensions of Service; (ii) the termination of Service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; (v) your inability to access any Services; or (vi) suspension or termination of the Service for any other reason at our sole discretion.
Limitation of Liability
The Service is provided on an “as is” and “as available” basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users’ responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.
Neither we nor our suppliers warrant that the Service will be uninterrupted or error free.
Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, “Inyerface Designs”), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or our equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Inyerface Designs is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Inyerface Designs has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month’s user fee.
Your Indemnification of Inyerface Designs
You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.
The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having any authority to act for, or create any obligation of, or make any representation on behalf of Inyerface Designs. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.
These Terms and Conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.
Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Province in which your designated billing address is situated, and the Federal laws of Canada applicable in said Province.
The Service originates in Canada and is directed to residents of Canada.
You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
These terms and conditions are currently available in English only.
No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
A portion of the spectrum used by Inyerface Designs to deliver Inyerface Designs Ultrafast Wireless services, for which a licence was issued to Inyerface Designs by Industry Canada, may potentially, in a few years, be designated by the regulatory authorities for the next generation advanced high mobility services. In this scenario, Inyerface Designs will communicate with you to inform you of the situation and will take all necessary measures to continue to offer you a high quality broadband service. Inyerface Designs shall not, however, be held responsible for any decision taken by the regulatory authorities in that regard.
These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.
Product names and terms used throughout these Terms and Conditions are registered or pending trademarks of, or are licensed by, Inyerface Designs. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with the Service are the trademarks of their respective owners.
Internet Service Terms & Conditions
Your right to use the software provided by us, including any updates, new editions or versions issued by us from time to time, shall be subject to those terms and conditions set out in our Software License Agreement. You hereby acknowledge receipt of the software license agreement with your copy of the software provided by us.
You warrant that you are the end user of the service and the services provided under this Agreement.
Manner of Use
You agree to use the Service in a courteous and cooperative manner so as to avoid abusing the Service or the custom, Netiquette and user etiquette in place from time to time. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, you shall not do, nor permit any of the your authorized users or other third parties to do, any of the following:
- disclose private communications or disclose confidential information without permission to parties other than the intended recipient;
- restrict or inhibit any other user from using and enjoying the Internet;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law;
- impersonate another person when posting or transmitting messages;
- choose a user name for your Email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright or other right holder;
- choose a user name for your Email address which is libelous, defamatory, obscene, threatening, abusive or hateful;
- post or transmit any information or software that you are aware contains a virus, worm, or other harmful component;
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
- falsify user information provided to us or to other users of the Service in connection with the use of our Service;
- multiple logins, including, without limitation, logging in simultaneously from home and office, unless expressly provisioned through specific Internet access service packages;
- engage in account sharing, including, without limitation, permitting third parties to use your Internet access account and password;
- engage in line camping, including, without limitation, being connected for excessive periods of time;
- unauthorized attempts to use or gain access to any account or computer resource not belonging to you;
- use any means or device to obtain, or attempt to obtain, the Services with the intent to avoid the applicable charges;
- use any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end users;
- engage in any activities that will cause a disruption of the Services (e.g. synchronized number sequence attacks) to other users and/or their end-users;
- engage in any activities that will damage the systems of, or cause a disruption of Internet services to, third parties;
- spamming or other advertising that is objectionable to us in our sole discretion, including, without limitation, sending unsolicited mass e-mailings to more than twenty-five (25) Email users, if such unsolicited e-mailings provoke complaints from the recipients or posting a single article or advertisement to more than ten (10) Usenet or other news groups or forums;
- posting to any Usenet or other news group, forum, Email mailing list or other similar group or list articles which are off-topic according to the Charter or other published FAQ, or description of the group or list;
- use the Services in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity;
- use the Services to post or transmit any chain letter, or letters or messages that offer a product or service based on the structure of a chain letter;
- engaging in any of the foregoing activities using the service of another access provider, but channeling such activities through a Company account or re-mailer, or using a Company account as a mail drop for responses; and
- use the Services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of our network.
Remedial Actions for Abuse of the Service
We consider the above practices to constitute abuse of both our Service and of the recipients of such unsolicited mailings or postings (spam) who often bear the expense. Engaging in one or more of these practices will result in immediate termination of your account. We reserve the right to define, in our sole discretion, conduct that violates the above provisions and guidelines and to deny access at any time to users who breach the above rules or cause other abuses that are disruptive to our subscribers. We reserve the right to implement and take legal and technical steps to prevent unsolicited bulk Email or other unauthorized Email from entering, utilizing or remaining within our proprietary computers and computer network. If we receive complaints from third parties against you for spamming, sending unsolicited mass Emailings or any other form of Internet abuse, we reserve the right to charge you with an administrative fee of up to $1000.00 for such complaints received by us. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. Our failure to enforce these policies in every instance does not amount to a waiver of any of our rights. Please review our Internet Abuse Document for information on spamming, harassment and unsolicited advertising.
Privacy and Security
We cannot ensure or guarantee privacy for users of our Service and recommend that our Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at your sole risk, and we shall have no liability in connection therewith.
We have no obligation to monitor our Internet Service. Your participation in on-line communications occurs in real-time and is not edited, censored, or otherwise controlled by us. Further, we cannot and do not screen content provided by users of our Internet Service.
Despite the foregoing, you agree that we have the right to monitor our Internet Service electronically from time to time, to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our Services properly, or to protect ourselves or our subscribers. We will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private electronic email message unless required by law. We reserve the right to refuse to post or to remove any information or materials in whole or in part, to refuse access to websites that, in our sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.
The initial term for the Service shall be for one (1) month. You may be required to commit to a longer term and pricing discounts may be made available to you for such longer term commitment. At the end of the initial term, accounts automatically renew on a month-to-month basis unless terminated by either of us in accordance with these Terms and Conditions.
Personal Web Page
You are entitled to a certain amount of web space to be used for your personal website and email storage. Please check our website www.inyerface.com for details. Upon your request, we will make the web space available so that you may create your website for the express purpose of transmitting information to others over the Internet.
As we have no way of ensuring that only adults are able to view your pages through the Internet, we do not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be placed on a personal web page. Sexually explicit materials (porn, child porn, hook-up sites, cheating sites) or any website containing nudity of any kind, or soliciting acts of sex will be immediately terminated without notice.
Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which is deemed illegal under the laws of Canada.
We reserve the right to decline requests for web space and to terminate any account at our discretion.
You are also not permitted to distribute material promoting any form of network abuse, such as bulk spam mailers, sniffers, or hacking tools.
Domain Name Registration
When you register a domain name, Inyerface Designs will set up, free of charge, an “Under Construction” page that provides links to our products and services, until such time you create your own website. Further information on packages, pricing and features can be viewed on our web site www.inyerface.com.
Emails and Storage
With your Service subscription, Inyerface Designs offers a variety of storage plans. This storage space is shared with the space used by your website files (images, videos, files, etc.) and database. It is not intended for storing mail that you have already received (read). That material should be stored on your computer. Inyerface Designs will not be responsible for any lost content or data.
Inyerface Designs reserves the right to delete emails if the email account contains emails that have been left on our servers for over 3 months or if the email account surpasses 500MB in size and has been left on our server for more than 7 consecutive days. Inyerface Designs, may at its sole discretion, delete those files in order to respect the storage capacity limit. Inyerface Designs will not be responsible for any lost content or data.
Website Hosting and Email Backup
Our basic service plan which includes web storage for your website, database and shared emails, does not come with fully automated backups. You can manually take a backup of your files by logging in to cPanel via your account. You can visit our website to see which service plans offer free daily or weekly backup. Inyerface Designs will not be responsible for any lost content or data.
Limitation of Liability
Neither we nor our suppliers warrant that the Service will be uninterrupted or error free or that any information, software, or other material accessible on the Internet is free of viruses, worms, Trojan horses or other harmful components.
You assume all responsibility and liability with respect to mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Inyerface Designs’s Right to Discontinue Service
We reserve the right to cancel the provision of our Service to you at any time without notice and at our sole discretion. Without limitation, if you modify, alter, reverse engineer, decompile, disassemble or create derived works based on our proprietary network protocols or software provided by us, your action(s) will constitute Service abuse and we will have the right to immediately terminate the account without limiting any other recourse we may wish to pursue against you in respect of such infringements and illegal activity. In other words, do not attempt to hack our network of servers through your service.
All user names associated with the Service shall remain our property and we may, at any time at our sole discretion, require you to change your user name.
Customer Acceptance of Terms and Conditions
You automatically accept all of the Terms and Conditions as stated herein. You also accept these Terms and Conditions by accessing the Service and commencing and continuing to use the Service through any of the channels provided herein. You further agree to abide by all of the rules which may be changed by us from time to time by notice published on our website or sent by email.