TL Design & Marketing Inc. Web Hosting Agreement
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
The following is the entire service agreement between TL Design & Marketing Inc. and the personal or corporate
account holder (YOU / YOUR).
1. Service - TL Design & Marketing Inc. will provide YOU with storage space on a TL Design & Marketing Inc. server for
hosting a World Wide Web site (SITE) according to a selected plan at the site www.tldesign.ca, in exchange for YOU paying the prescribed
fee.
2. Privacy Policy - TL Design & Marketing Inc. will not sell YOUR personal or financial information to any third parties.
TL Design & Marketing Inc. will not give YOUR personal or financial information to any law enforcement authorities or legal agents
without a proper court order, subpoena or warrant.
3. Limitations:
any content on YOUR Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or
otherwise considered by TL Design & Marketing Inc., in its sole discretion, to be offensive, disruptive, obscene, inappropriate or
otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
YOU agree not to engage in any activity that can overwhelm TL Design & Marketing Inc. servers with heavy usage, or that requires
a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
if YOU exceed the bandwidth limit for the service subscribed to, YOU must either upgrade the subscribed service to a service that
accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in termination of
YOUR account, without any compensation to YOU; and
YOU may not use any images, marks, or other content on YOUR Web site that is owned by any TL Design & Marketing Inc. partner,
without explicit licence or consent from that partner.
4. User liability - YOU are liable for all content on YOUR site, including the legality and preservation (i.e. making
back-ups) of same.
5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at
www.tldesign.ca.
6. E-mail - e-mail service is subject to the following restrictions:
YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state,
or otherwise considered by TL Design & Marketing Inc., in its sole discretion, to be offensive, disruptive, obscene or
inappropriate;
YOU will not exceed the allowable storage capacity of the e-mail account. If YOU exceed the allowable storage capacity, YOU must
either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your
storage;
YOU will not send spam mail (i.e. unsolicited e-mail);
YOU will at all times be liable for the safeguarding of YOUR password and account information; and
if YOU breach any term of this Agreement, TL Design & Marketing Inc. reserves the right to delete YOUR mailbox without any
compensation to YOU.
7. User obligation - YOU will at all times keep TL Design & Marketing Inc. apprised of YOUR current contact and billing
information.
8. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect
of your SITE, and upon receipt by TL Design & Marketing Inc. of a Court-issued copy of such proceeding, YOUR SITE will be
temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defence in respect of such proceeding,
and provided TL Design & Marketing Inc. with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will
remain deactivated, without any compensation to YOU.
9. Domain name registration - second-level domain names registered through TL Design & Marketing Inc. by YOU are governed
by the terms located here.
10. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind
either expressed or implied.
11. Limitation of Liability - TL Design & Marketing Inc. is not responsible for any failures, delays, or interruptions in
the delivery of any content or services contained on the TL Design & Marketing Inc. server, or losses or damages arising from the
use of the content or services provided by TL Design & Marketing Inc. or third parties in connection with TL Design & Marketing
Inc.. TL Design & Marketing Inc. is not responsible for any financial losses by YOU in association with YOUR SITE.
12. Indemnity - YOU agree to indemnify and hold TL Design & Marketing Inc. harmless from and against, and to reimburse TL
Design & Marketing Inc. with respect to, any and all losses of every nature whatsoever incurred by TL Design & Marketing Inc.
arising out of
(i) any breach of this Agreement by YOU;
(ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by
content on the SITE; or
(iii) illegal, libelous, or defamatory content on the SITE.
13. Termination - both YOU and TL Design & Marketing Inc. have the option to terminate this Agreement at any time, upon
providing five-business days prior notice to the other. TL Design & Marketing Inc. may terminate this Agreement at any time without
notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm TL
Design & Marketing Inc. servers or central processing units (CPUs), or engage in any conduct TL Design & Marketing Inc. deems in
its sole discretion to be disruptive or harmful.
14. Assignability - this Agreement is assignable to a third party by TL Design & Marketing Inc. upon notice to YOU. Such
notice will be published on the Web site www.tldesign.ca.
15. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you
advise TL Design & Marketing Inc. otherwise prior to said expiration. Renewal fees must be received by TL Design & Marketing Inc.
within 15 (fifteen) days of said expiration, failing which YOUR SITE and e-mail account(s) will be placed on accounting hold. If the
renewal fees are not received within 90 (ninety) days of expiration, all SITE and e-mail content will be deleted and removed from TL
Design & Marketing Inc. servers without any compensation or notice to YOU. TL Design & Marketing Inc. reserves the right to not
automatically renew any service plan.
16. General - the following terms apply:
this Agreement is governed by and construed in accordance with the applicable laws of the Province of Ontario and the federal laws of
Canada and is treated in all respects as an Ontario-based contract;
the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses
of this Agreement;
this Agreement, together with the policies prescribed at www.tldesign.ca constitutes the entire
Agreement between YOU and TL Design & Marketing Inc.;
any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the
termination or expiry of this Agreement;
this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and
the same instrument;
TL Design & Marketing Inc. maintains the right to refuse service if it considers it would be disruptive to its business to
provide such service;
any failure by TL Design & Marketing Inc. in satisfying any provision of this Agreement will be excused if that failure is
brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
all remedies available to TL Design & Marketing Inc. under this Agreement survive termination of this Agreement without limitation
