1. ACCEPTANCE OF TERMS
Centaur Group Inc. O/A Business Development Centre (CGI) provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time with or without notice to you. You can review the most current version of the TOS at any time on our website. It is solely your responsibility to review this statement on a regular basis to keep yourself aware of any changes.
If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with a written notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Service following any revision to this Agreement or change in service, you shall abide by any such revisions or changes.
In addition, when using particular CGI owned or operated services, you and CGI shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. CGI may also offer other services that are governed by different Terms of Service.
In the Agreement, "we", us" and "our" refer to CGI. "you" or "your" refers to the Client.
The use of services from CGI constitutes agreement to these terms.
2. DESCRIPTION OF SERVICE
CGI provides users with access to domain name registration, email hosting and website hosting services.
Domain name administration is provided by our IT department. If you wish to make any changes to your domain name, please email your instructions to them at info @ bdc-webhosting.com.
As consideration for the Services, you agree to pay to us all applicable fees as specified for the service package indicated. All fees payable hereunder are non-refundable.
All agreements are on a recurring basis. You shall pay CGI recurring fees (hereinafter "Recurring Fees"). Amounts past due may result in the termination of your account. Taxes, special services and third party charges will be stated separately on the invoice. You shall pay all taxes, fees, and government charges. CGI may change prices without notice and it is the your responsibility to check the website for updates.
All agreements shall automatically renew at the end of the term unless either party notifies the other in writing at least one (1) Month prior to the end of the current term, of their intention not to renew this Agreement. Renewal prices are subject to change. Renewal of services by you indicates agreement to any agreement revisions and price changes. Renewal fees for the following term will be automatically invoiced to your account.
A late payment fee is applied from the payment due date when payment has not been received by CGI within 10 days of the payment due date, 2% monthly (26.8% per annum).
An administration fee of $45.00 will be charged each time a cheque is returned from a bank or other financial establishment due to insufficient funds. A fee of $10 will be charged each time your credit card is declined.
In cases where service requires to be re-established due to a “failure to pay” suspension, a fee of $50.00 applies. In addition all future payments must be secured by advance payment.
2.1
RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse Service to anyone for any reason. If such refusal of service was not caused by a breach of this agreement on your part, we agree to refund your applicable and unused fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide Service.
2.2 TECHNICAL SUPPORT
Customer support is available via email and telephone. Technical support is available via email only. Customer Service Representatives DO NOT have access to your accounts. All technical support questions should be directed to info @ bdc-webhosting.com.
Please note that the scope of technical support is to ensure that your account is working properly.
Any changes you make to your account, like installation of software, custom scripts and website are beyond the scope of the technical support, as they do not control, manage or supervise the changes you make. You are solely responsible for managing and troubleshooting any errors associated with those changes. Upon request, the IT department may reset your account by deleting all data and restoring the account to the original working condition.
If you need assistance with setting up email on your own devices, our IT department will provide, instructions and settings to be used to establish a connection.
Since they do not have access to your devices, it may not be possible to troubleshoot errors remotely. You may need to obtain assistance from the provider of such devices.
Your inability to properly set up any device does not constitute a breach of technical support. You are solely responsible for your own devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction.
You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CGI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CGI has the right to suspend or terminate your account without any refund and refuse any and all current or future use of the Service (or any portion thereof).
(c) You must provide us with an email address that is not @domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address will be used for this purpose. It is your responsibility to ensure that the primary email address on file with us is current and up to date at all times.
(d)
In some cases it will be necessary to provide government issued photo identification. If you fail to meet these requirements, the order may be considered fraudulent and will be denied. Suspicious accounts and/or accounts that violate our Terms of Use will be terminated immediately without notice. All illegal websites will be terminated and reported to authorities.
4. CGI PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.bdc-canada.com/BDC/privacy.htm, You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by CGI and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify CGI of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. CGI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CGI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CGI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will CGI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Only lawful and legal content allowed to be on the Hosting servers. The laws of Canada and the United States of America apply. Content that violate any trademark or copyright is prohibited. This includes but is not limited to unauthorized copying of photographs, music, books or any other copyrighted materials. Using web hosting account as a backup/storage device is not permitted.
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a CGI official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers.
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
10. upload, post, email, transmit or otherwise make available any material that is of keylogging / proxy service / irc / shell(s) if any type / file hosting / file sharing types.
11. upload, post, email, transmit or otherwise make available any material that is of pornographic nature.
12. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
13. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Canadian Securities and Exchange Commissions, any rules of any national or other securities exchange, and any regulations having the force of law;
14. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Canadian government as a foreign terrorist;
15. "stalk" or otherwise harass another; and/or
16. upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
17. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above.
We take a zero tolerance approach against sending of Unsolicited Bulk Email (spam). Any user who sends out Unsolicited Bulk Email (spam) will have their account terminated without notice.
USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT
Sites must not contain Warez, copyright or other illegal material including links or redirects to copyright material hosted on 3rd party websites / resources. The onus is on you the customer to prove that you own the rights to publish material, not for CGI to prove that you do not. CGI does not allow the propagation or distribution of copyright material, files or warez under any circumstances.
ACCEPTABLE SERVER RESOURCE USE
Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space.
CGI provides shared hosting environments for personal websites and businesses. Your website will be hosted with hundreds of other websites in a virtual community. Under the "NORMAL usage" we mean that you operate a website that utilizes resources in a manner similar to most of our other customers, so to ensure reliable and fast service to all of our customers. Accounts that affect server performance will be asked to upgrade to a Dedicated Server or will be suspended.
Examples of "ABNORMAL usage":
(1) Using our hosting service primarily for online file storage. Archiving electronic files is absolutely prohibited and would not be considered as a NORMAL usage.
(2) Storage of large numbers and/or large sizes of emails, pictures, photos, video and/or audio files that require more resources to support than a normal business or personal website would not be considered as a NORMAL usage.
(3) Large corporations that require more resources to support than a normal business website would not be considered as a NORMAL usage.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.
Resource Usage
Users may not:
-Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
-Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
-Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
-Run any software that interfaces with an IRC (Internet Relay Chat) network.
-Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
-Run any type of web spider or indexer (including Google Cash / AdSpy, etc).
-Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
-Participate in any file-sharing/peer-to-peer activities.
-Run Cron entries with intervals of less than 15 minutes.
-Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
-When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php")
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Mail Policy, Mail List and Mail Limits
There is a hourly email limit per domain. This limit is also applied towards mailman. If you send more than the allowed limit of emails in any hour, most of the e-mails will bounce back with an undeliverable error.
Mailing list larger than 1,000 is not allowed on CGI shared servers and will require a dedicated hosting solution. Please note that dividing one large list into smaller lists to get below this limit is not allowed as well. For the mailing list larger than 1,000 we recommend to use the third party mail list services and autoresponders.
You are not allowed to mail to a mailing list you were given or purchased. This is spamming because the subscribers never agreed to you personally sending them mail. We do not care how you justify it; this is spam and will result in termination.
Online businesses that use e-mail marketing must follow all the CAN-SPAM and Canadian anti-spam rules:
Use only a permission based email list.
Identify your message as an advertisement.
Include an unsubscribe mechanism.
Include a valid physical postal address.
Deceptive subject lines and false headers are outlawed.
You will be held responsible if anyone sends emails on your behalf.
We take a zero tolerance position against sending of Unsolicited Bulk Email. Any Unsolicited Bulk Email being sent will result in termination of the offending account.
SCRIPT USAGE TERMS
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a CGI-hosted domain.
Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server
USAGE OF DISK SPACE TERMS
CGI offers web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user, links to HTTP download of this content is not acceptable.
INODE USAGE
In computing, an inode is a data structure on a traditional Unix-style file system such as UFS. An inode stores basic information about a regular file, directory, or other file system object.
en.wikipedia.org/wiki/Inode
CGI reserves the right to limit INODEs usage, subject to acceptable usage.
SECURITY, BACKUPS AND DATA LOSS
You are responsible for all actions taken under your account. This includes the compromise of credentials such as username and password. It is required that you 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 your password is found to be weak, we will notify you and allow time for you to change your password.
It is your responsibility to ensure that scripts/programs installed under your account are secure, updated and permissions of directories are set properly, regardless of installation method. If it is possible, set permissions on most directories at least to 755.
Any account that is found to be compromised may be suspended and/or terminated. If you do not clean up malicious files and scripts from your account after being notified by CGI, we reserve the right to keep your account suspended.
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
PAYMENT INFORMATION
You agree to supply appropriate payment for the services you have ordered from us, in advance of the time period during which such services are provided.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue for 6 days and not paid will result in an account suspension until account balance has been paid in full. Any invoice that is overdue for 30 days and not paid will result in an account termination and all files will be removed from the server.
If you let a domain name expire, it can still be renewed, usually, up to 25 days after the expiry date. Beyond that, a domain name can go into a Redemption status. The cost to redeem a domain name is $350 USD. This cost is completely preventable by renewing a domain name on time or before it goes into Redemption.
If you let your hosting account expire, there would be a reconnection charge of $50.00.
Any NSF payments or a chargeback would be subject to a $45.00 fee.
RIGHT TO SUSPEND / TERMINATE HOSTING SERVICES
We reserve the right to suspend or terminate any hosting services if a website/hosting service consumes excessive server resources or affects other websites / hosting services on a shared or clustered hosting server. Excessive resource usage can constitute any form of server usage calculated and determined at the discretion of CGI. CGI reserves the right to suspend service at any time without prior notice if or when the health or normal running / performance of a service is effected / degraded by a website or hosting service.
You acknowledge that CGI may or may not pre-screen Content, but that CGI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, CGI and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CGI or submitted to CGI, including without limitation information in CGI Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that CGI may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CGI, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CGI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON CGI NETWORK
When you register with CGI, you acknowledge that in using CGI services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through CGI's computer networks, portions of which may be located abroad. As a result, and also as a result of CGI's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CGI does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CGI the following worldwide, royalty-free and non-exclusive license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly accessible areas of CGI Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the CGI Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CGI removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than CGI Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CGI removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than CGI Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the CGI network of properties that are intended by CGI to be available to the general public. By way of example, publicly accessible areas of the Service would include CGI Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of CGI Servers that are limited to members, CGI services intended for private communication such as CGI Mail or, or areas off of the CGI network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CGI.
10. CONTRIBUTIONS TO CGI
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CGI through its forum, or contact forums, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) CGI is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) CGI shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) CGI may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of CGI without any obligation of CGI to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from CGI under any circumstances.
11. INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in cancellation of your Service.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your CGI ID), use of the Service, or access to the Service, unless you are a member of the CGI Reseller Service, utilizing the reselling platform to resell to end users.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CGI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on CGI's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CGI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CGI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CGI reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
CGI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CGI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. TERMINATION
You agree that CGI may, under certain circumstances and without prior notice, immediately terminate your CGI account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your CGI account includes
(a) removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in CGI's sole discretion and that CGI shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
CANCELATIONS AND REFUNDS
You agree that until and unless you notify CGI of your desire to cancel any or all services received, those services will be billed on a recurring basis and not eligible for refund. If you submit a payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if you choose to discontinue service with CGI mid-way through the term.
We have specific procedures for canceling services with CGI. Our cancellation procedures are very simple and protect you from UNAUTHORIZED cancellations. CGI will only accept cancellation requests via email that originates from the email address on file.
All domain names will be renewed automatically 15 days before the expiry date (assuming payment for renewal has been received). You must notify us 30 days in advance of the expiry date if you DO NOT wish to renew your domain name.
Only first-time customers who paid the first invoice with a credit card or with PayPal are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Payments by bank wire transfers, Interac Email Transfers, Western Union Money Transfer, cheques, and money orders are non-refundable, but could be credited to your hosting account. Domain registrations and renewals, web design, SSL certificates, dedicated IP, upgrade fees, administrative fees, install fees, Website Builder set up fees and all hosting addons are not eligible for refund.
You may transfer Domain Names from CGI at any time before the domain name expires. You will have to contact the other Registrar to begin the transfer process. We are unable to initiate this process for you. You must request an authorization code via the Support Email. You may NOT transfer a Domain Name if that name was registered or transferred within the past 60 days or if that Domain Name, or any information associated with it, is currently in dispute.
Violations of the Terms of Use or providing false Contact and/or Identity information of any kind will waive the refund policy and a $50 administration fee will be applied. CGI reserves the right to refund you the remaining amount or make no refund at all. This is at the sole discretion of CGI. We reserve the right to cancel any account at any time with or without notice.
You agree to contact CGI via support email to resolve any discrepancy before initiating a dispute or charge-back with your credit card company, your bank or PayPal. If you fail to contact us before initiating a dispute or charge-back you will waive your right for refund. Filing a dispute or charge-back is not an acceptable method of getting your refund.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CGI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CGI has no control over such sites and resources, you acknowledge and agree that CGI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CGI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. CGI'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CGI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
19. FREE DOMAIN WITH PAID HOSTING
Free domain names which may be included with Paid Hosting accounts are the property of CGI. CGI will always retain ownership of free domain names we register. If requested, CGI will allow the 'transfer' of any free domains to an alternative hosting provider if a transfer administration fee is paid, which amounts to $45.00 plus applicable taxes. CGI reserves the right to cancel / transfer domain names which are provided with paid hosting accounts. We reserve the right to renew or allow the expiration of domain names we register.
Free domain names are free for the 1st year only. To keep the domain after the 1st year, a renewal fee needs to be paid. (This is a separate additional payment to the monthly payments for the hosting) To renew a free domain name, we require a payment of $29.95 plus tax to cover the cost of renewing the domain with the registrars.
You are not allowed to alter the name servers or transfer a free domain included with your package until we receive the applicable payment.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CGI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. CGI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CGI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
21. LIMITATION OF LIABILITY
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CGI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF YOUR DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
23. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. CGI and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
24.1
ASSIGNMENT OF AGREEMENT
CGI shall have the right to assign this agreement to any third party. In such case, this agreement shall remain in full force. The Client shall not assign this agreement to any other party without a written permission form CGI.
25. NOTICE
CGI may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
26. TRADEMARK INFORMATION
CGI logos and product and service names are trademarks of CGI (the "CGI Marks"). Without CGI's prior permission, you agree not to display or use in any manner the CGI Marks.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CGI respects the intellectual property of others, and we ask our users to do the same. CGI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CGI's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
CGI's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
BUSINESS DEVELOPMENT CENTRE
800 Steeles Ave. W. #B10155
Thornhill, Ontario L4J 7L2
FAX NO. 416-226-0013
E-MAIL Info@bdc-canada.com
28. GENERAL INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement between you and CGI and governs your use of the Service, superseding any prior agreements between you and CGI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CGI services, affiliate services, third-party content or third-party software.
Non-Agency
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Transferability
Should CGI be legally separately incorporated, acquired, taken over or merged with another company, the new entity will be deemed to have taken over all responsibilities of CGI with regards to this contract, with the contract remaining in full force and effect.
Governing Law.
This Agreement is governed by the laws of the PROVINCE OF ONTARIO, and will be interpreted and enforced in accordance with those laws. Any action relating to this Agreement must be brought to the ONTARIO PROVINCIAL COURTS, located in TORONTO, ONTARIO, CANADA.
Waiver and Severability of Terms.
The failure of CGI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your CGI account is non-transferable and any rights to your CGI ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
29.
ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. BY SUBSCRIBING TO THIS SERVICE YOU ACCEPT THE TERMS OF THIS AGREEMENT.
