Last Revised: January 27, 2018
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement (this “Agreement”) is entered into by and between Hwy52 Digital, a business located in Ontario Canada, ("HWY52") and you. This Agreement shall become effective as of the date of (i) your electronic signature accepting this Agreement, (ii) the activation or use of our services or (iii) your receipt of an e-mail from HWY52 confirming your order, whichever happens first. This Agreement sets forth the terms and conditions of your use of HWY52 services (the “Services”), and represents the entire agreement between you and HWY52 concerning the subject matter hereof.
The terms “you” or “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on our Services, at any time, and such changes or modifications shall be effective immediately upon posting to our website. Your use of our Services after such changes or modifications shall constitute your acceptance of this Agreement. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use our Services. We may occasionally notify you of changes or modifications to this Agreement by email.
2. DESCRIPTION OF SERVICES
Hwy52 Digital provides various Services including but not limited to web development, website hosting, email hosting, digital marketing services and SEO services.
Website files are uploaded to our servers (hosted) and available for public access via client web browsers. Web hosting may include DNS hosting as well.
A service that makes it possible to send and receive email using your domain name.
Digital Marketing Services
Includes various methods of on-line advertising designed to promote your products or services and/or to increase traffic to your website.
Search Engines optimization (SEO) involves using various strategies and techniques to increase the organic visibility of your website.
3. GENERAL RULES OF CONDUCT
You acknowledge and agree that your use of our Services, including any content you upload, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use our Services in a manner (as determined by HWY52 in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of any other person or entity, or breaches any duty of confidentiality that you owe to another other person or entity;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
4. PROVISIONS SPECIFIC TO EMAIL HOSTING
You agree to comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Email hosting subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with HWY52 or other email hosting subscribers, being placed on the Spamhaus.org blacklist. HWY52 reserves the sole and absolute right to determine whether an email violation has occurred.
You acknowledge that HWY52 does not keep a backup of your emails and that at all times, you shall bear full risk of loss and damage to your email account and all of your content. You are entirely responsible for maintaining the confidentiality of your account(s) access credentials (including but not limited to your username/login password) and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your email accounts or password or in connection with the server or any of your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) ensure the security, confidentiality and integrity of your email content transmitted through or stored on HWY52 servers or our agents servers; and (iii) ensure the confidentiality of your password. HWY52 have no liability to you or any other person for your use of HWY52 products and/or services in violation of these terms.
5. PROVISIONS SPECIFIC TO WEB HOSTING & DEVELOPMENT
You agree that you are solely responsible for verifying that all the content and images on your website, whether upload by you, HWY52 or a third party, are lawful for your use and do not violate any existing trademark or copyright.
You acknowledge that your use of HWY52’s Web Hosting service is at your sole risk. HWY52 is not responsible for any files and data residing on our servers on your behalf (regardless of the source). Depending on your hosting plan, HWY52 may maintain an unverified backup of your website. HWY52 cannot guarantee that the contents of a web site will never be deleted or corrupted, or that a backup of a web site will always be available.
HWY52 does not warrant uninterrupted or error-free operation of Web Hosting or Email Hosting Services or that HWY52 will correct all defects or prevent third party disruptions or unauthorized third party access to your data. These warranties are the exclusive warranties from HWY52 and replace all other warranties, including the implied warranties or conditions of satisfactory quality, merchantability, non-infringement, and fitness for a particular purpose.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by HWY52, its employees or agents, will (I) constitute legal or financial advice or (II) create a warranty of any kind.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL HWY52, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (i) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (ii) FOR ANY BUGS, VIRUSES, MAWARE, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (iii) FOR ANY DIRECT DAMAGES IN EXCESS OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF HWY52 HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
YOU ACKNOWLEDGE THAT THE FEES THAT YOU MAY HAVE PAID REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT HWY52 WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HWY52 ARISING OUT OF YOUR USE OF THE SERVICES, OR ANY CONDUCT OF HWY52'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS HWY52 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IMPOSED UPON OR INCURRED BY HWY52 DIRECTLY OR INDIRECTLY ARISING FROM (i) YOUR USE OF AND ACCESS TO OUR SERVICES; (ii) YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT OR THE POLICIES OR AGREEMENTS WHICH ARE INCORPORATED HEREIN; AND/OR (iii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT. THE INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF OUR SERVICES.
You agree that in case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
You may contact us at the following address:
1500 Upper Middle Rd W #327
Oakville, Ontario L6M 0C2