Terms and Conditions

This Agreement sets forth the Terms and Conditions that apply to the use of our services by you. By using our services, you agree to comply with all of the Terms and Conditions set out in this document.

We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of our services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of our services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more services where necessary facilities, equipment or services are not available for any reason whatsoever.

Term and Termination

Our services are for an initial term as agreed between us and shall automatically renew at the end of the initial Term on a month-to-month basis unless terminated by either of us in accordance with these Terms and Conditions.

If you are dissatisfied with our services, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating our services, your sole and exclusive remedy is to terminate your service agreement with us in accordance with our cancellation policy and discontinue using our services. You must provide us with not less than five (5) days' written notice prior to the next billing date to advise us of your decision to terminate our services agreement.

No refunds will be given for partial terms or for any initial registration fee

We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.

Your Responsibilities

While using our services you must comply with applicable laws at all times. You assume total responsibility and risk for your and your authorized users' use of our services.

You are responsible for paying all charges necessary to use and access our services. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate our services.

Manner of Use

You agree to use our services in a courteous and cooperative manner so as to avoid abusing our services or the custom, Netiquette and user etiquette in place from time to time. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, you shall not do, nor permit any of the your authorized users or other third parties to do, any of the following:

• disclose private communications or disclose confidential information without permission to parties other than the intended recipient;
  
• restrict or inhibit any other user from using and enjoying the Internet;
  
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including, without limitation, export control laws and regulations;
  
• impersonate another person when posting or transmitting messages;
  
• choose a user name for your email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright or other right holder;
  
• choose a user name for your email address which is libelous, defamatory, obscene, threatening, abusive or hateful;
  
• post or transmit any information or software that you are aware contains a virus, worm, or other harmful component;
  
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
  
• falsify user information provided to us or to other users of our services in connection with the use of our Service;
  
• engage in account sharing, including, without limitation, permitting third parties to use your Internet account and password;
  
• unauthorized attempts to use or gain access to any account or computer resource not belonging to you;
  
• use any means or device to obtain, or attempt to obtain, our services with the intent to avoid the applicable charges;
  
• use any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end users;
  
• engage in any activities that will cause a disruption of our services (e.g. synchronized number sequence attacks) to other users and/or their end-users;
  
• engage in any activities that will damage the systems of, or cause a disruption of Internet services to, third parties;
  
• spamming or other advertising that is objectionable to us in our sole discretion, including, without limitation, sending unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings provoke complaints from the recipients or posting a single article or advertisement to more than ten (10) Usenet or other news groups or forums;
  
• posting to any Usenet or other news group, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the Charter or other published FAQ, or description of the group or list;
  
• engaging in any of the foregoing activities using our services of another access provider, but channeling such activities through a Company account or re-mailer, or using a Company account as a mail drop for responses; and
  
• use our services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of our network.
  

We consider the above practices to constitute abuse of both our services and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices will result in immediate termination of your account. We reserve the right to implement technical mechanisms that block multiple postings before they are forwarded, as described above. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. We reserve the right, at our sole discretion, to deny access at any time to users who breach the above rules or cause other abuses which we, in our sole discretion, deem to be disruptive to our subscribers.

Invoices

We will invoice you monthly, quarterly or annually as per your initial account setup preference, in advance of the provision of service, unless otherwise specified in these Terms and Conditions. The invoice will include, and you will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue invoices.

You must bring invoice inquiries and disputes to our attention within 30 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.

Payment Terms

Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 1.5% per month (19.56% per annum), or such other rate as we may determine from time to time. Payment shall be made by credit card (Visa, MasterCard or American Express) or pre-authorized payment. Should a payment be rejected by your financial institution for any reason, you will be charged a fee of up to $50.00.

Should you choose to pay invoices by any method other than by monthly, quarterly or annual credit card charges you may be subject to a credit check. We reserve the right to examine your credit record before we provide, continue or reinstate services to you. You authorize us to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as we may reasonably request for this purpose.

Service Interruption

We may suspend our services at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: (i) any such suspensions of service; (ii) the termination of service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or service by you; (v) your inability to access any services; or (vi) suspension or termination of our services for any other reason at our sole discretion.

Limitation of Liability

Our services are provided on an "as is" and "as available" basis and use of our services is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to our services or any service, merchandise or information provided through our services, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of our services. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of our services and all merchandise and services provided through our services generally.

Neither we nor our suppliers warrant that our services will be uninterrupted or error free.

Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Cyboretum"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with our services, or any use of it or interruption in it, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Cyboretum is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Cyboretum has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.

Your Indemnification of Cyboretum

You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of our services. Indemnification includes, but is not limited to, claims by third parties, the installation, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.

Relationship

The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.

Enurement/Assignment

These Terms and Conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of our services without our prior written consent.

Notice

Any notice by you to us shall be submitted in writing by e-mail to:
hosting@cyboretum.com.
Please check our website for any additional contact information.

Force Majeure

Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.

Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Province in which your designated billing address is situated, and the Federal laws of Canada applicable in said Province.

Our services originate in Canada and are directed to residents of Canada.

You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Waiver

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

These Terms and Conditions represent the complete Agreement and understanding between us with respect to our services and supersede any other written or oral agreement.

Note: Product names and terms used throughout these Terms and Conditions are registered or pending trademarks of, or are licensed by, Cyboretum. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with our services are the trademarks of their respective owners.