Terms of Service
Last Updated: August 1, 2020
This Terms of Service sets forth the terms and conditions that apply to your access and use of the internet websites owned and operated by WEBSITESCA INC. (WebsitesCA) located at, https://websites.ca, https://business.websites.ca, https://winnipeg.websites.ca, https://calgary.websites.ca, https://montreal.websites.ca, http://support.websites.ca, https://sitesweb.ca, and https://affaires.sitesweb.ca and the services available thereon, including without limitation the services of website design, domain name registration, website hosting, website updates, email services, websites promotion, business directory services, and custom design/development/support/consulting.
By accepting this agreement, either by completing our online application process or agreeing by email or telephone to use our services, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. In which case ‘you’ and ‘your’ will refer to such entity. If you do not have such authority, or if you do not agree to these terms and conditions, you must not accept this agreement and may not use our services.
Your continued use of of our services shall be deemed irrevocable acceptance of any such revisions.
Your Profile Information and Account
You agree and understand that you are responsible for maintaining the confidentiality of any passwords which allows you to access our services. Your right to access and use our services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password(s) to any third party. You are solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you are responsible for notifying WebsitesCA immediately.
By providing us with your email address and mailing address, you agree to receive all required notices electronically, or by mail if requested, to that email address or mailing address. It is your responsibility to update or change those addresses when appropriate.
You shall pay all fees specified in any subscription package or pre-paid blocks of custom hours of design/development/support/consultation. All fees are billed in advance and are non-refundable. You can prepay for 12 months of service at a discount of 15%. There will be no refunds or credits for partial months of service, for periods in which your account remains open but you do not use our services, for the remainder of a prepaid period, or credits for unused pre-paid blocks of custom hours of design/development/support/consultation.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes on our website.
Submission of Content
The services available enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content, to WebsitesCA for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all content you submit, provide or upload and the consequences for submitting, providing or uploading it.
WebsitesCA will use the content you provide or upload solely in connection with providing our services to you, and for no other reason. You agree that by uploading, or otherwise providing any content, you grant to WebsitesCA a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such content, solely in connection with providing the services to you. This license includes the right to host, index, cache or otherwise format your content in order to provide the services.
You represent and warrant that you own your content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to WebsitesCA’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
In order to prevent problems or errors or bugs arising from the exploitation of known, open-sourced code, you agree and understand that your website and related third-party plugins and extensions will be updated on a regular basis when new versions are released.
You agree and understand that it is your responsibility to report problems arising from these automatic updates.
Acceptable Use and Conduct
You agree that that you will not publish or make available any content that, or use our services in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by WebsitesCA;
- facilitates the unlawful distribution of copyrighted Content;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations
Disclaimer of Warranties
Your use of our services and all content forming part of or related to the services including any content you upload or submit and any third party software and content, are at your sole responsibility and risk. The services are provided on an ‘as is’ and ‘as available’ basis. WebsitesCA expressly disclaims all representations, warranties, or conditions of any kind with respect to the services, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
WebsitesCA disclaims any warranty that the services or any content, including without limitation any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the services or the servers that makes the services available are free of viruses or other harmful components. You agree that from time to time WebsitesCA may remove the services for indefinite periods of time without notice to you. Your access and use of the services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the services or other actions that WebsitesCA, in its sole discretion, may elect to take. WebsitesCA is not responsible for the acts or omissions of, or for the failings of, any third-party provider of any content, service, network, software or hardware, including but not limited to, Internet service providers, hosting services utilized by WebsitesCA, telecommunications providers, content provided by other users, or any software or hardware not provided by WebsitesCA.
You are solely responsible for ensuring that your content is compatible with our services. WebsitesCA disclaims any liability or responsibility for any unauthorized use of your content by third parties or other users of the services and is not responsible for protecting your content.
The services are offered and controlled by WebsitesCA from its facilities in Canada. WebsitesCA makes no representation that the services are appropriate or available for user in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Third Party Sites and Content
The services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the services. These other websites are not under WebsitesCA’s control, and you acknowledge that WebsitesCA is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WebsitesCA or any association with its operators. You further acknowledge and agree that WebsitesCA 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 the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
Limitation of Liability
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, shall WebsitesCA or its affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if WebsitesCA has been advised of the possibility of such damages), arising from or relating to this agreement or your use of or your inability to use the services, or for any damages arising from or related to this agreement or any subscription.
WebsitesCA reserves the right to modify, suspend or discontinue any services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this agreement. WebsitesCA shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
You agree to indemnify, defend, and hold harmless WebsitesCA, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this agreement or the services, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to services and any content, including without limitation your content and any third party content, forming part of your services; (b) your breach or alleged breach of this agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. WebsitesCA reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify WebsitesCA and you agree to cooperate with WebsitesCA’s defense of these claims. You agree not to settle any matter without the prior written consent of WebsitesCA. WebsitesCA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Cancellation and Termination
You may cancel your account at any time before your next billing date. WebsitesCA is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or after your account has been cancelled. WebsitesCA may keep your Account and your Content indefinitely following cancellation.
You will remain liable for all charges accrued on your Account up to the time that you cancel, including full monthly fees for the month in which you downgraded your Account. WebsitesCA reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. WebsitesCA also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. WebsitesCA reserves the right to terminate any portion of your Site at any time, for any reason, with or without notice.
Inactive Email Accounts
To ensure the integrity of our infrastructure and network environment, we reserve the right to delete un-accessed, inactive email accounts.
“Inactive Email Accounts” are those that do not have any email forwards setup, and very importantly, these mailboxes have not been accessed for 1 year.
Contact WebsitesCA by telephone at 1-877-517-7867 or by email at email@example.com or by mail at: WebsitesCA Inc., 300-245 McDermot Ave, Winnipeg, MB R3B 0S6, Canada