This agreement (“Terms and Conditions”), in addition to any other specific agreement between TJ-Hosting (“TJ-Hosting”) and the customer (“the Customer”), represents the complete understanding and agreement between TJ-Hosting and Customer. This Terms and Conditions agreement supersedes any other written agreement including, without limitation, digitized, computerized, oral agreement, and/or agreement by conduct, except when expressly agreed to the contrary in writing by TJ-Hosting.
Upon notice published on TJ-Hosting web site, TJ-Hosting may change or discontinue any provision of this Terms and Conditions agreement from time to time, including, without limitation, all services provided by TJ-Hosting, pricing, equipment, services and products. Any such change or discontinue of any provision will legally bind the Customer from the time TJ-Hosting publishes notice of the change on the TJ-Hosting Web Site. It is the Customer's sole responsibility to ensure that the Customer is up to date on the most current version of the Terms and Conditions agreement.
In accordance with the Terms and Conditions, TJ-Hosting will provide services to the Customer in exchange for fees and full compliance with the following Terms and Conditions:
A) TJ-Hosting Services Defined.
"TJ-Hosting Services" include, without limitation, the following:
i. any act by TJ-Hosting of serving the Customer regardless of duration and whether or not paid for;
ii. any use by the Customer of computing, telecommunications, software, information, hardware, and equipment provided by TJ-Hosting;
iii. any act, or provision of any service, by TJ-Hosting related to web hosting (including, without limitation, server usage and technical support);
iv. any provision by TJ-Hosting, and any use or occupation by the Customer, of space, Internet connectivity, or electrical power;
v. any access to computing, telecommunications, software, information, hardware, and equipment provided to Customer by others affiliated with TJ-Hosting via the world wide web and Internet;
vi. any aspect related to the TJ-Hosting web site, including the TJ-Hosting web site itself;
vii. any act by TJ-Hosting related to the submission and/or registration of a domain name for the Customer;
viii. any other service mentioned in the Terms and Conditions agreement;
ix. any other service provided by TJ-Hosting to the Customer;
x. any other service provided by TJ-Hosting and used by the Customer.
B) Amendment of Fees & Charges.
Upon thirty (30) days notice, TJ-Hosting may amend the fees and/or charges for any TJ-Hosting Service.
C) Domain Name Submissions and Registration.
TJ-Hosting Services related to the registration of a domain name is limited to the submission of the registration request to the appropriate registrar. Please note that each individual domain name constitutes a single submission. It is the Customer's sole responsibility to provide accurate domain name spelling and contact information.
D) Registry/Registrars' Terms & Conditions.
Upon the Customer's registration of a domain name with any registry, the Customer will also be subject to the terms and conditions of the domain name dispute policy.
E) Management & Backup of Data.
The Customer is solely responsible for the management and backup of all the Customer data, and all updates, upgrades, and patches to any software that the Customer uses in connection with TJ-Hosting Services.
F) Maintenance Windows.
TJ-Hosting reserves the right to conduct an emergency maintenance window at any time. During an emergency maintenance window, any or all TJ-Hosting Services may be unavailable.
G) License to Occupy Only.
The Customer acknowledges and agrees that any provision of web hosting by TJ-Hosting to the Customer grants the Customer only a license to occupy the space on a web server, and that the Customer has no real property interest in the space, software, web server and equipment. Payment by the Customer for web hosting does not create or vest in the Customer (or in any other party) any leasehold estate, easement, ownership interest, or other proprietary right or interest of any nature in any part of TJ-Hosting premises or facilities including, without limitation, the space, software, web server and equipment.
A) Public Domain Materials Defined.
"Public Domain Materials" means materials (including, without limitation, information, artwork, images, pictures, text, video, audio, and programs) that are not subject to copyright, trademark, service mark, or any other intellectual property right restrictions or prohibitions. Except when prohibited by law, Public Domain Materials may be downloaded or uploaded using TJ-Hosting Services. The Customer assumes all risks regarding the determination of whether or not any material is Public Domain Material.
B) Use of Copyrighted Materials.
As provided by Canadian, United States federal law and international treaties, copyrighted materials may not be uploaded using TJ-Hosting Services without the express written permission of the copyright holder. Copyrighted materials may be downloaded using TJ-Hosting Services FOR PERSONAL, NON-COMMERCIAL, and NON-PROFIT USE ONLY. Except as expressly permitted by law, copyrighted materials may not be distributed to others. The Customer may not change copyrighted materials and notices, including, without limitation, any author attribution notice.
C) Confidential Information Defined.
"Confidential Information" means any information disclosed by TJ-Hosting to the Customer, either directly or indirectly, in writing, orally, or by inspection of tangible objects (including, without limitation, documents, prototypes, samples, plant, and equipment), which is designated as "Confidential," "Proprietary," or some other similar designation either (a) in writing, (b) orally, or (c) by any other means. Confidential Information will not include any information which:
(i) is publicly known and made generally available through no fault or breach on the part of the Customer or any third party;
(ii) is obtained by the Customer from a third party without a breach of such third party's obligations of confidentiality;
(iii) is independently developed by the Customer without use of or reference to the Confidential Information; or
(iv) is required by law to be disclosed by the Customer, provided that the Customer gives TJ-Hosting prompt written notice of such requirement prior to such disclosure, and assistance in obtaining an order protecting the information from public disclosure.
D) Disclosure of Confidential Information.
The Customer must not use, disclose, publish or disseminate any of TJ-Hosting Confidential Information to anyone other than those of the Customer's employees or contractors (if any) on a need-to-know basis, and the Customer agrees to take all reasonable precautions to protect the secrecy of and to prevent any unauthorized use, disclosure, publication, or dissemination of the Confidential Information. Without limiting the scope of the foregoing, the Customer will take at least those measures that the Customer takes to protect the Customer's own most highly confidential information and will ensure that any of the Customer's employees, consultants, or other third parties who have access to TJ-Hosting Confidential Information have signed a non-use and non-disclosure agreement in content at least as restrictive as the provisions hereof, prior to any disclosure of the Confidential Information to such employees, consultants, or other third parties. The Customer further agrees not to use the Confidential Information otherwise for the Customer's own, or any third party's, benefit without the prior written approval of an authorized representative of TJ-Hosting in each instance. The Customer will not make any copies of TJ-Hosting Confidential Information unless the same are previously approved by TJ-Hosting in writing. The Customer will reproduce TJ-Hosting proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. The Customer will not commit or permit the reverse engineering, reverse assembling, disassembling, reverse compiling, or de-compiling, or any attempt to derive source code from, any prototypes, hardware, software or any other tangible objects which embody TJ-Hosting Confidential Information.
E) Trademark & Copyright:
All trademarks and logos contained in any and all materials and information are the property of TJ-Hosting. Use of such trademarks, logos, or copyrighted materials are strictly prohibited without the prior permission for use from the rightful owners.
A) TJ-Hosting Right of Refusal & Termination.
TJ-Hosting may, at its sole discretion, refuse TJ-Hosting Services to any Customer, whether new or existing, and/or terminate the supply of TJ-Hosting Services to the Customer, without any prior notice, if TJ-Hosting deems the Customer to be in violation of the Terms and Conditions, notwithstanding that the Customer may be in breach of any other agreement by complying with the Terms and Conditions.
B) Customer's Lawful Use.
The Customer agrees to use the TJ-Hosting Services as permitted by applicable laws, including, without limitation, local, provincial, state, and federal laws. The Customer agrees that the Customer may NOT use TJ-Hosting Services to conduct or solicit any business or activity that is prohibited by law, libellous, or against any TJ-Hosting policy.
C) Other Organizations' Permission & Policies.
The Customer's use of networks, computing resources, or other services from other organizations is also subject to those organizations' respective permission and usage policies.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TJ-Hosting for inclusion in a web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend TJ-Hosting from any claim or suit arising from the use of such elements furnished by the client.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend TJ-Hosting from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
TJ-Hosting does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will TJ-Hosting be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if TJ-Hosting has been advised of the possibility of such damages.
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and all Regulations, Statues, Acts, and Federal Laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought up in Peel Region, Ontario - and you irrevocably consent to the jurisdiction of such courts.
TJ-Hosting, as a reseller partner of ISQ Solutions, OpenSRS, NamesPro, and 1&1 - also recognises all terms & conditions of ISQ Solutions, OpenSRS, and 1&1 - not listed above, and the Customer is obligated to follow the such.
The Terms and Conditions, in addition to any other specific agreement (if any) between TJ-Hosting and the Customer, constitutes the complete understanding and agreement between the Customer and TJ-Hosting. Except when expressly agreed to the contrary in writing by TJ-Hosting, the Terms and Conditions supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct.
