Legal
Information
IDWeb.ca
General
" This agreement represents the complete agreement and understanding
between IDWeb.ca, and the account holder and supersedes any other written
or oral agreement. Upon notice published on-line via IDWeb.ca, IDWeb.ca
may modify these terms and conditions, amplify them, and/or modify the prices,
as well as discontinue or change the services offered.
" This agreement sets forth the terms and conditions agreed to between
you, the service subscriber, and IDWeb.ca. A service subscriber must agree
on this agreement to use the services provided by IDWeb.ca. Use of the services
of IDWeb.ca constitutes your agreement on all and any terms and conditions
of this agreement and other supplemental policies. The terms may change
without your prior notice.
" Service is offered and subject to the availability of the necessary
facilities and equipment, subject to the provisions of this agreement. We
reserve the right not to provide one or more Services where necessary facilities,
equipment or services are not available for any reason whatsoever.
This hosting agreement governs your purchase and use, in any manner, of
all web site hosting services, including the Hosting Services and the Dedicated
Hosting Services, (collectively, the "Services") as described
in the Order Form, ordered by you and accepted by IDWeb.ca ("IDWeb.ca")
and describes the terms and conditions that apply to such purchase and use
of the Services. For purposes of this Agreement, the Hosting Services include
the E-Commerce Services. You must register and accept the terms of this
Agreement in order to use the Services. BY ACCEPTING THIS AGREEMENT, AND
REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED
HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
IDWeb.ca reserves the right to change or modify any of the terms and conditions
contained in this Agreement, the Addendum and any policy or guideline incorporated
by reference at any time and from time to time in its sole discretion, and
to determine whether and when any such changes apply to both existing or
future customers. Any changes or modification will be effective upon posting
of the revisions on the IDWeb.ca Web site (the "Site"). IDWeb.ca
will post a notice of such changes or modifications to this Agreement or
the Addendum on the Site for thirty (30) days. IDWeb.ca may post changes
or modifications to referenced policies and guidelines without notice to
you. Your continued use of the Services following IDWeb.ca' posting of any
changes or modifications will constitute your acceptance of such changes
or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO
NOT ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION,
DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY IDWEB.CA OF YOUR
TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN SECTION 1.2 BELOW.
Terms and Payment
for Services
1.1 Term.
This Agreement
shall be for an "Initial Term" of either (a) thirty (30) days
if you register for Hosting Services, or (b) ninety (90) days from the
order date if you register for Dedicated Hosting Services, or (c) as otherwise
chosen by you in the Order Form, located on the Site, at the time you
register for the Services. This Agreement will be automatically renewed
(the "Renewal Term") at the end of the Initial Term for the
same period as the Initial Term unless you provide IDWeb.ca with notice
of termination either (a) at least seven (7) days prior to the end of
the Initial Term or the Renewal Term, whichever is then applicable, if
you registered for and are receiving Hosting Services or (b) at least
thirty (30) days prior to the end of the Initial Term or Renewal Term,
whichever is then applicable, if you registered for and are receiving
Dedicated Hosting Services or have pre-paid for an extended period of
Hosting Services. You must provide IDWeb.ca with your notice of termination
by completing and submitting the cancellation form located at: http://www.IDWeb.ca.ca/support/cancel.
Upon IDWeb.ca' receipt of the written notice of cancellation, you will
be asked to provide IDWeb.ca with sufficient customer identification information
so that IDWeb.ca may properly identify you and your account. Any authenticated
notice of termination will be effective upon IDWeb.ca' receipt thereof.
1.2 Termination
Policy.
If you terminate
your receipt of the Services prior to the end of the Initial Term or the
Renewal Term, whichever is then applicable, (a) IDWeb.ca shall not refund
to you any fees paid in advance of such termination and (b) you shall
be required to pay the lesser of three (3) times the standard monthly
charge or 100% of IDWeb.ca' standard monthly charge for each month remaining
in the term, unless otherwise expressly provided herein. Notwithstanding
the foregoing, if you have pre-paid for an extended period of Services,
you are entitled to a pro-rated refund of the remaining months, calculated
at the discounted pre-paid rate, not the standard monthly rate for such
Services. Your termination request must be submitted to IDWeb.ca in the
manner described in Section 1.1. IDWeb.ca may terminate this Agreement
at any time and for any reason by providing to you written notice of termination.
If IDWeb.ca terminates this Agreement, IDWeb.ca shall refund to you the
pro-rated portion of pre-paid fees attributable to Services not yet rendered
as of the termination date unless otherwise expressly provided herein.
1.3 Liability
and Obligations on Termination.
Should the
Agreement expire or be terminated for any reason, IDWeb.ca will not be
liable to you because of such expiration or termination for compensation,
reimbursement or damages on account of the loss of prospective profits,
anticipated sales, goodwill or on account of expenditures, investments,
leases or commitments in connection with your business, or for any other
reason whatsoever flowing from such termination or expiration. Any termination
of this Agreement shall not relieve you of any obligations to pay fees
and costs accrued prior to the termination date and any other amounts
owed by you to IDWeb.ca as provided in this Agreement.
1.4 Charges.
You agree
to pay for all charges attributable to your use of the Services at the
then current IDWeb.ca prices, which shall be exclusive of any applicable
taxes. You shall be responsible for the payment of all federal, province,
and local sales, use, value added, excise, duty and any other taxes assessed
with respect to the Services, other than taxes based on IDWeb.ca' net
income.
1.5 Payment.
All charges
for Services must be paid in advance according to the then current price
applicable to the Services. Upon registration you must choose to pay for
the Services either by credit card or upon your receipt of an invoice.
If you choose to pay by credit card upon registering, you thereby authorize
IDWeb.ca to charge your credit or debit card to pay for any charges that
may apply to your account. You agree that IDWeb.ca may accumulate any
supplemental charges, as described in the Order Form, incurred by you
in your use of the Services ("Supplemental Charges") until such
charges exceed $20 and then charge your card. You must notify IDWeb.ca
of any changes to your card account (including, without limitation, applicable
account number or cancellation or expiration of the account), your billing
address, or any information that may prohibit IDWeb.ca from charging your
account. If you choose to be invoiced upon registration, IDWeb.ca will
send an invoice to you for the Services applicable to the period for which
you have registered for the Services. IDWeb.ca may also send periodic
invoices to you for any applicable Supplemental Charges associated with
your use of the Services. You agree to pay to IDWeb.ca the amount indicated
in each invoice by the due date reflected on the invoice. If you fail
to pay any fees and taxes within fifteen (15) days from applicable due
date for credit card or invoice payments, late charges of the lesser of
one and one-half per cent (5%) per month or the maximum allowable under
applicable law shall also become payable by you to IDWeb.ca. In addition,
your failure to fully pay any fees and taxes within fifteen (15) days
after the applicable due date will be deemed a material breach of this
Agreement, justifying IDWeb.ca' suspension of its performance of the Services
and/or termination of this Agreement. You are responsible for any fees
associated with reinstated of Services. Any such termination would not
relieve you from paying past due fees plus interest. In the event of collection
enforcement, you will be liable for any costs associated with such collection,
including, without limitation, reasonable attorneys' fees, court costs
and collection agency fees.
1.6 30
Day Guarantee.
Notwithstanding
Sections 1.1 through 1.4, if you are not fully satisfied with the Hosting
Services, you may terminate this Agreement at any time during the first
thirty (30) days from your initial order date and receive a full refund
of all payments made by you to IDWeb.ca for the Hosting Services. To receive
such refund, you must terminate this Agreement in the manner described
in Section 1.1 and cease using the Services, and IDWeb.ca must receive
your termination notice, within the above described thirty (30) day period.
You agree to provide IDWeb.ca with a description of why you are not satisfied
with the Services and are terminating this Agreement. Setup fees are always
non-refundable where applicable.
2. Use of Services
2.1 Applicable Policies and Guidelines.
The IDWeb.ca
Acceptable Use And Service Guidelines (the "Usage Guidelines")
govern the general policies and procedures for use of the Services. IDWeb.ca'
On-line Privacy Practices governs how IDWeb.ca collects, stores, processes
and uses information associated with your use of the Services. The Usage
Guidelines and the On-line Privacy Practices are posted on IDWeb.ca' Web
site at http://www.IDWeb.ca.ca and may be updated from time-to-time. YOU
SHOULD CAREFULLY READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU
AGREE TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS
THERETO. IDWEB.CA RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY
VIOLATION OF THE USAGE GUIDELINES OR THIS AGREEMENT.
2.2 Material
and Product Requirements.
You must
ensure that all material and data placed on IDWeb.ca' equipment is in
a condition that is "server-ready," which is in a form requiring
no additional manipulation by IDWeb.ca. IDWeb.ca will make no effort to
validate any of this information for content, correctness or usability.
In the event that your material is not "server-ready", IDWeb.ca
has the option at any time to reject this material. IDWeb.ca will notify
you of its refusal of the material and afford you the opportunity to amend
or modify the material to satisfy the needs and/or requirements of IDWeb.ca.
Use of the Services requires a certain level of knowledge in the use of
Internet languages, protocols and software. This level of knowledge varies
depending on the anticipated use and desired content of your Web site.
You must have the necessary knowledge to create and maintain a Web site.
It is not IDWeb.ca' responsibility to provide this knowledge or customer
support outside of the Services agreed to by you and IDWeb.ca.
2.3 Bandwidth,
Storage, and E-Mail Usage.
You agree
that use of the Services hereunder will not exceed the bandwidth, storage
and E-mail usage limits set out in the Order Form. If you use any bandwidth
or storage space in excess of the agreed upon number of megabytes per
month or if you exceed E-Mail storage and attachment size limitations,
IDWeb.ca may, in its sole discretion, assess you with additional charges,
suspend the performance of the Service, or terminate this Agreement. In
the event that IDWeb.ca elects to take any corrective action, you will
not be entitled to a refund of any unused pre-paid fees.
2.4 Domain
Names.
As part of
the Services, you will provide IDWeb.ca with a registered domain name
or names or IDWeb.ca will register such domain name(s) selected by you,
provided that such domain name is available for registration and does
not violate any Network Solutions' or other registration services' policies,
or any law or regulation. You agree to promptly reimburse IDWeb.ca for
any fees paid by IDWeb.ca to Network Solutions or other registration services
with respect to the registration and maintenance of such domain name(s).
In the event of any dispute or cause of action arising out of or related
to your domain name used in connection with the Services, upon your request
IDWeb.ca will attempt to register with Network Solutions or other registrar
an alternative domain name chosen by you. You agree to be bound by the
terms of Network Solutions' then current domain name policy and/or the
policies of the national DNS registration authorities to which you become
subject upon registration of your domain name. The inability to use a
domain name shall not entitle you to a refund by IDWeb.ca of any fees
paid with respect to the registration of such unusable domain name. In
the event you received a "Free Domain Name Registration" offer
when you signed up for the Services, and you terminate the Services within
one year of such domain name registration, you agree to immediately pay
IDWeb.ca the full retail price for such domain name registration in effect
when you registered such domain name, in addition to any other fees for
early termination described herein.
3. Intellectual Property Rights
3.1 Your License Grant to IDWeb.ca.
You hereby
grant to IDWeb.ca a non-exclusive, worldwide, and royalty-free license
for the Initial Term and the Renewal Term, if applicable, to edit, modify,
adapt, translate, exhibit, publish, transmit, participate in the transfer
of, reproduce, create derivative works from, distribute, perform, display,
and otherwise use your content as necessary for the purposes of rendering
and operating the Services to you under this Agreement. You expressly
(a) grant to IDWeb.ca a license to cache materials distributed or made
available for distribution via the Services, including content supplied
by third parties, and (b) agree that such caching is not an infringement
of any of your intellectual property rights or any third party's intellectual
property rights.
3.2 Your
Warranties And Representations to IDWeb.ca.
You warrant,
represent, and covenant to IDWeb.ca that (a) you are at least eighteen
(18) years of age; (b) you possess the legal right and ability to enter
into this Agreement; (c) you will use the Services only for lawful purposes
and in accordance with this Agreement and all applicable policies and
guidelines; (d) you will be financially responsible for the use of your
account; (e) you have acquired or will acquire all authorization(s) necessary
for hypertext links to third-party Web sites or other content; (f) you
have verified or will verify the accuracy of materials distributed or
made available for distribution via the Services, including, without limitation,
your content, descriptive claims, warranties, guarantees, nature of business,
and address where business is conducted, and (g) your content does not
and will not infringe or violate any right of any third party (including
any intellectual property rights) or violate any applicable law, regulation
or ordinance.
3.3 IDWeb.ca
Materials And Intellectual Property.
All materials,
including but not limited to any computer software (in object code and
source code form), data or information developed or provided by IDWeb.ca
or its suppliers or agents pursuant to this Agreement, and any know-how,
methodologies, equipment, or processes used by IDWeb.ca to provide the
Services to you, including, without limitation, all copyrights, trademarks,
patents, trade secrets, and any other proprietary rights inherent therein
and appurtenant thereto shall remain the sole and exclusive property of
IDWeb.ca or its suppliers. IDWeb.ca shall also maintain and control ownership
of all Internet protocol ("IP") numbers and addresses that may
be assigned to you by IDWeb.ca. IDWeb.ca reserves, in its sole discretion,
the right to change or remove any and all such IP numbers and addresses.
4. Enforcement
4.1 Investigation of Violations.
IDWeb.ca
may investigate any reported violation of this Agreement, the Addendum
its policies or any complaints and take any action that it deems appropriate
and reasonable under the circumstance to protect its systems, facilities,
customers and/or third parties. IDWeb.ca will not access or review the
contents of any e-mail or similar stored electronic communications except
as required or permitted by applicable law or legal process.
4.2 Actions.
IDWeb.ca
reserves the right and has absolute discretion to restrict or remove from
its servers any content that violates this Agreement, the Addendum or
related policies or guidelines, or is otherwise objectionable or potentially
infringing on any third party's rights or in potentially violation of
any laws. In the event of becoming aware of any possible violation by
you of this Agreement, the Addendum, any related policies or guidelines,
third party rights or laws, IDWeb.ca may immediately take corrective action,
including, but not limited to, (a) issuing warnings, (b) suspending or
terminating the Service, (c) restricting or prohibiting any and all uses
of content hosted on IDWeb.ca' systems, and/or (d) disabling or removing
any hypertext links to third-party Web sites, any of your content distributed
or made available for distribution via the Services, or other content
not supplied by IDWeb.ca which, in IDWeb.ca' sole discretion, may violate
or infringe any law or third-party rights or which otherwise exposes or
potentially exposes IDWeb.ca to civil or criminal liability or public
ridicule. It is IDWeb.ca' policy to terminate repeat infringers. The above
stated rights of action, however, do not obligate IDWeb.ca to monitor
or exert editorial control over the information made available for distribution
via the Services. In the event IDWeb.ca takes corrective action due to
such possible violation, IDWeb.ca shall not be obligated to refund to
you any fees paid in advance of such corrective action.
4.3 Disclosure
Rights.
To comply
with applicable laws and lawful governmental requests, to protect IDWeb.ca'
systems and customers, or to ensure the integrity and operation of IDWeb.ca'
business and systems, IDWeb.ca may access and disclose any information
it considers necessary or appropriate, including, without limitation,
user profile information (i.e., name, e-mail address, etc.), IP addressing
and traffic information, usage history, and content residing on IDWeb.ca'
servers and systems. IDWeb.ca also reserves the right to report any activity
that it suspects violates any law or regulation to appropriate law enforcement
officials, regulators, or other appropriate third parties. To the extent
any inconsistency exists between any terms of IDWeb.ca' On-line Privacy
Practices and IDWeb.ca' right disclose under this section, IDWeb.ca' right
to disclose under this section will control.
5. Disclaimed Warranties
You acknowledge
and agree that IDWeb.ca exercises no control over, and accepts no responsibility
for, the content of the information passing through IDWeb.ca' host computers,
network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED
HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST
FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE
TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED
IN THIS AGREEMENT, IDWEB.CA DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU
HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING
BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE IN TRADE.
6. Limitations and Exclusion of Liability
6.1 Limitations.
IN NO EVENT
SHALL IDWEB.CA OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS
TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR
MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES. NEITHER IDWEB.CA NOR ITS SUPPLIERS SHALL HAVE LIABILITY
WITH RESPECT TO IDWEB.CA' OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM
OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF IDWEB.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIABILITY OF IDWEB.CA AND ITS
SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID TO IDWEB.CA BY YOU UNDER THIS AGREEMENT
AND THE ADDENDUM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE
DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY IDWEB.CA HEREUNDER HAVE
BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
YOU HEREBY RELEASE IDWEB.CA AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION
6.1.
6.2 Interruption
of Service.
You hereby
acknowledge and agree that IDWeb.ca and its suppliers will not be liable
for any temporary delay, outages or interruptions of the Services. Further,
IDWeb.ca shall not be liable for any delay or failure to perform its obligations
under this Agreement, where such delay or failure results from any act
of God or other cause beyond its reasonable control (including, without
limitation, any mechanical, electronic, communications or third-party
supplier failure). IDWeb.ca is not an appropriate place to host sites
with exceptionally high bandwidth, availability or support requirements.
7. Indemnification
You hereby
release and hold harmless, and agree to indemnify, IDWeb.ca and its affiliates
and suppliers (and their respective employees, directors and representatives)
against any and all claims, actions, proceedings, suits, liabilities,
damages, settlements, penalties, fines, costs or expenses (including,
without limitation, reasonable attorneys' fees and other litigation expenses)
incurred by IDWeb.ca or its suppliers, arising out of or relating to (a)
your violation or breach of any term, condition, representation or warranty
of this Agreement, the Addendum or any applicable policy or guideline;
(b) your improper or illegal use the Services; or (c) your violation,
alleged violation, or misappropriation of any intellectual property right
(including, without limitation, trademark, copyright, patent, trade secrets)
or non-proprietary right of a third party (including, without limitation,
defamation, libel, violation of privacy or publicity).
8. MISCELLANEOUS PROVISIONS
8.1 Entire Agreement.
This Agreement,
in conjunction with the Addendum and all policies and guidelines incorporated
herein by reference, constitutes the entire agreement between you and
IDWeb.ca with respect to the subject matter hereof and there are no representations,
understandings or agreements, which are not fully expressed in this Agreement
and the related policies and guidelines.
8.2 No
Fiduciary Relationship.
No Third-Party
Beneficiaries. IDWeb.ca is not the agent, fiduciary, trustee or other
representative of you. Except for the rights of IDWeb.ca' suppliers under
sections 6 and 7 hereof, nothing expressed or mentioned in or implied
from this Agreement or the Addendum is intended or shall be construed
to give to any person other than the parties hereto any legal or equitable
right, remedy or claim under or in respect to this Agreement and the Addendum.
This Agreement and the Addendum and all of the representations, warranties,
covenants, conditions and provisions hereof are intended to be and are
for the sole and exclusive benefit of the parties hereto.
8.3 Amendments.
Except as
expressly provided in this Agreement, no amendment, change, waiver, or
discharge hereof or to the Addendum shall be valid unless in writing and
signed by the parties.
8.4 Identification.
With your
permission, IDWeb.ca may, free of any obligation to pay compensation,
use your name and identify you as a IDWeb.ca client, in advertising, publicity,
or similar materials distributed or displayed to prospective clients.
8.5 Choice
of Law and Forum.
THIS AGREEMENT,
INCLUDING THE ADDENDUM, WILL BE GOVERNED BY THE LAWS OF CANADA AND THE
PROVINCE OF BRITISH COLUMBIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE
OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE
FEDERAL OR PROVENCIAL COURTS LOCATED IN WEST VANCOUVER, BRITISH COLUMBIA,
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.6 Compliance
With Laws.
You shall
at all times comply with all applicable laws and regulations and shall
indemnify and save IDWeb.ca harmless from your failure to so comply. You
agree that IDWeb.ca shall not have to perform any obligations set forth
in this Agreement if such performance would violate any present or future
law, regulation or policy of any applicable government.
You shall
not use the Services in any way that violates U.S. export laws, including
without limitation, uses related to the proliferation of weapons of mass
destruction, prohibited chemical, biological, or nuclear weapons or missile
use. You agree that you are not located in, under control of, or a national
or resident of any country restricted as a destination by U.S. law or
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce's Table of Denial Orders.
8.7 Non-Assignment.
You may not
assign this Agreement or any right or obligation hereunder or under the
Addendum, by operation of law or otherwise, without IDWeb.ca' prior written
consent. IDWeb.ca may assign its rights and obligations under this Agreement
or the Addendum, and may utilize affiliate and/or agents in performing
its duties and exercising its rights hereunder, without your consent.
Subject to that restriction, this Agreement and the Addendum will be binding
on, inure to the benefit of, and be enforceable against the parties and
their respective successors and assigns.
8.8 No
Waiver.
IDWeb.ca'
failure to enforce the strict performance of any provision of this Agreement
or the Addendum will not constitute a waiver of IDWeb.ca' right to subsequently
enforce such provision or any other provisions hereunder or thereunder.
8.9 Severability.
Should any
term or provision hereof be deemed invalid, void or unenforceable either
in its entirety or in a particular application, the remainder of this
Agreement and the Addendum, if applicable, shall nonetheless remain in
full force and effect and, if the subject term or provision is deemed
to be invalid, void or unenforceable only with respect to a particular
application, such term or provision shall remain in full force and effect
with respect to all other applications.
8.10 Headings.
The section
headings used herein are for reference and convenience only and shall
not enter into the interpretation hereof.
8.11 Survival.
All provisions
of this Agreement and the Addendum relating to your warranties, intellectual
property rights, limitation and exclusion of liability, your indemnification
obligations and payment obligations shall survive the termination or expiration
hereof and thereof.
9. ADDENDUMS
1. Logos
and link logo marks (the Marks) and, during or after the term of this
Agreement, shall not, in any way, contest, or help others to contest,
such ownership or the validity of any registrations or rights of IDWeb.ca
now owned or obtained relating to the Marks.
2. Customer
shall not use any names, marks, terms, graphics, or other materials on
its Web page or site that are likely to cause confusion with or dilute
the distinctiveness of either of the Marks or to damage the reputation
or commercial image of IDWeb.ca or any of its products.
3. IDWeb.ca,
in its sole discretion, may terminate this license immediately for any
reason. Upon termination of this license, Customer shall immediately cease
all further use of the Marks, or any other similar mark, name or logo,
including, without limitation, any name or mark comprising the term "IDWeb.ca".
|
