Webpark.ca Terms of Service

THIS AGREEMENT BETWEEN Webpark.ca and Account Holder (hereinafter referred to as "User") AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein; NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Webpark.ca and User agree as follows:

1. The Service
Webpark.ca agrees to provide User with storage space on the Webpark.ca server for the purpose of hosting a world-wide-web site (the "Site") in the prescribed amount of:

• in the instance of the Webpark.ca BRONZE HOSTING PLAN, 25 mega-bytes (MB);
• in the instance of the Webpark.ca SILVER HOSTING PLAN, 50 mega-bytes (MB);
• in the instance of the Webpark.ca GOLD HOSTING PLAN, 200 mega-bytes (MB);
• in the instance of the Webpark.ca KICKSTART BUNDLE, 25 mega-bytes (MB); or
• in the instance of the Webpark.ca CUSTOM HOSTING PLAN, agreed on mega-bytes (MB);

2. Limitations
The Service is subject to the following limitations:

CPU Resources: User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Webpark.ca server, including without limitation, use of highly active CGI scripts or chat scripts;

File Types: In the instance of the Webpark.ca HOSTING PLANS and Webpark.ca KICKSTART BUNDLE, User shall not host multi-media file types, including but not limited to MP3, Mpeg, AVI, Real Audio, Real Video, Quick Time, Windows Media and / or PDF files. User shall also not host executable binaries and / or compressed file types including but not limited to .EXE, .ZIP, .TAR, .RAR, .GZIP; Management may upon application approve exceptions to the aforementioned rule.

User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:

1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
2. nudity or pornography;
3. content that exploits children under 18 years of age;
4. hate propaganda;
5. racist, threatening, or otherwise abusive content;
6. the promotion or incitement of, or instruction for, the commission of illegal activities;
7. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
8. content promoted through the sending of unsolicited e-mail (also known as spamming);
9. sending of unsolicited e-mail (spam) from the Webpark.ca server, or any other server that refers to content on the Webpark.ca server, or sending such e-mail with a Webpark.ca hosted Web site listed as the contact address;
10. warez, cracks, hacks, spam software & their associated utilities;
11. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
12. User agrees that Webpark.ca is not responsible for content on pages hosted on member sites and acknowledges that Webpark.ca does not endorse or verify any such material;
13. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site;

Backup and Monitoring: User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;

Notice to Officials: If Webpark.ca determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that Webpark.ca may provide copies of User's web pages to the appropriate officials without notice to user. Webpark.ca will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;

Policies and Guidelines: User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Webpark.ca anywhere on the Webpark.ca servers.

Bandwidth: USER agrees to be bound by the following restrictions pertaining to allowable bandwidth data transfer on a per-month basis;

1. In the instance of the Webpark.ca BRONZE PLAN, 1.5 GB per month;
2. In the instance of the Webpark.ca SILVER PLAN, 2.0 GB per month;
3. In the instance of the Webpark.ca GOLD PLAN, 4.0 GB per month;
4. In the instance of the Webpark.ca KICKSTART BUNDLE, 750 MB per month;
5. In the instance of the Webpark.ca CUSTOM PLAN, the agreed GB per month;

In the instance of Webpark.ca plans (i.e. Webpark.ca BRONZE PLAN,Webpark.ca SILVER PLAN, Webpark.ca GOLD PLAN, Webpark.ca KICKSTART BUNDLE and Webpark.ca CUSTOM PLAN) where USER exceeds the bandwidth limit, USER agrees to pay a fee of $3.00 per GB per month of over usage based on the webstats reports.

3. In the instance of Webpark.ca WEBMAIL and/or POP EMAIL, the following provisions apply:

Responsibility of the User: User is solely responsible for the content of their e-mail messages. User is not permitted to transmit messages on the E-mail service that:

1. infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
2. violate any law, statute, ordinance or regulation;
3. are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of Webpark.ca;
4. contain viruses or other similar harmful or deleterious programming routines;
5. contain links to any sites that include any of that kind of content; or
6. refer to or contain any matter referred to in paragraph 3d of this Agreement.;

Account Size: User's email box may store no more than 5 (five) MB of email. When User's account reaches the maximum email box size, User may not be able to send or receive future e-mails until User deletes e-mails out of User's mailbox.

Spamming is Prohibited: Webpark.ca will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. Webpark.ca reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User's account may be terminated without notice;

Privacy of User's Mailbox: Webpark.ca considers User's registration data and the content of all User's messages to be private. Messages that User sends will be received with User's name and Internet Protocol (IP) address contained within the header of the e-mail message. Webpark.ca will not intentionally monitor or disclose any of User's email messages or registration data unless Webpark.ca believes in good faith that Webpark.ca is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend Webpark.ca in any action, or (iv) to protect Webpark.ca property. Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User's passwords, Webpark.ca encourages user to change passwords frequently and to not share them with anyone;

Registration Data: User agrees to provide Webpark.ca with current, complete, and accurate registration information in the registration process and to maintain and update registration information as necessary to keep it current, complete and accurate;

Personal Use: User agrees to be fully liable for the use of User's mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify Webpark.ca immediately if User becomes aware of any unauthorized use of mailbox;

E-mail Retention: User must remember to check their mailbox for messages frequently. All email that User receives in their mailbox that is not opened from original reception date for more than 60 (sixty) days may be deleted and unrecoverable;

Cancellation of Mailbox: If User's mailbox is cancelled by User or by Webpark.ca, all email, including any attachments will automatically be deleted; and

Proprietary Rights: User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject User to personal liability or criminal prosecution.

Outgoing e-mail: If Webpark.ca determines that User is sending out excessive amounts of e-mail which overwhelms the server with heavy CPU usage or requires a disproportionate amount of the resources of the Webpark.ca server(s), Webpark.ca reserves the right to stop and remove any outgoing mail in the outgoing mail queue and disable User's account until further notice. Webpark.ca staff will then contact User to determine the reason for the excessive e-mail and decide on a fair solution.

4. Amendments
User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by Webpark.ca anywhere on the site www.webpark.ca including our Frequently Asked Questions area.

5. No Representations or Warranties
The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:

1. Webpark.ca makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
2. Webpark.ca is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
3. Webpark.ca makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
4. Webpark.ca makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
5. Webpark.ca may link to or include on its Web resources, information provided by third party partners and providers. Webpark.ca does not guarantee or warrant the reliability of this information nor does Webpark.ca recommend any of these services;
6. User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an "as is" and "as available" basis. Webpark.ca may change the features or functionality of the E-mail services at any time, in our sole discretion. Webpark.ca expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
7. Webpark.ca makes no warranty the E-mail services will meet User's requirements, or that the E-mail services will be uninterrupted, timely, secure, or error free; nor does Webpark.ca make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;
8. User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
9. Webpark.ca makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service and no advice or information, whether oral or written, which User obtains from Webpark.ca or through the E-mail services shall create any warranty not expressly made herein.

6. Limitation of Liability
Webpark.ca is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Webpark.ca server; or losses or damages arising from the use of the content or services provided by Webpark.ca. For greater certainty and without limitation to the generality of the foregoing:
Webpark.ca liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to Webpark.ca, if any, for the prior 6 months; in no event will Webpark.ca be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User; Webpark.ca, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site; in no event shall Webpark.ca be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct; In no event shall Webpark.ca be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 7.

7. Indemnity
User agrees to indemnify and hold Webpark.ca harmless from and against, and to reimburse Webpark.ca with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by Webpark.ca by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iii) illegal, libellous, or defamatory content on the Site.

8. Termination
Either Webpark.ca or User may terminate this Agreement at any time upon providing five business days prior notice to the other party. Webpark.ca may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:

1. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by Webpark.ca anywhere on the Webpark.ca server(s);
2. User engages in conduct or posts material on the Site that Webpark.ca in its sole discretion believes is harmful to other Users, the business of Webpark.ca or any third-party;
3. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Webpark.ca server(s);
4. User disputes the terms of this Agreement or any amendment set out, from time to time, by Webpark.ca anywhere on the Webpark.ca server(s);
5. Webpark.ca receives any complaints regarding User or the Site from any other Users or third parties.

In the instance of Webpark.ca services, namely, Webpark.ca BRONZE PLAN, Webpark.ca SILVER PLAN,Webpark.ca GOLD PLAN, Webpark.ca KICKSTART BUNDLE and Webpark.ca CUSTOM PLAN, the following conditions apply where this Agreement is terminated by User:

1. All service packages (with the exception of the Webpark.ca KICKSTART BUNDLE) are subject to an unconditional 30 (thirty) day money-back guarantee. Any service package cancelled within 30 (thirty) days of initial activation (not renewals) will be refunded in full less a $20 CDN (twenty Canadian) set-up fee and any additional shipping and handling charges. The Webpark.ca KICKSTART BUNDLE can be refunded at anytime before the Web site is "signed off" to go live less a $50 CDN (fifty Canadian) service charge. In reference to "signed off", this means that the User accepts that their website is complete by replying to Webpark's e-mail stating that the User's website is ready to go live. In reference to "go live", this means the User's website will be put on Webpark's production server(s) which means the User's site will now be accessible by anyone on the internet.
2. The refund policy described in sub-paragraphs b.i. . does not apply to any additional services including but not limited to domain name registration, domain name pointing, additional e-mail accounts, additional disk storage space or additional data transfer; or subsequent renewals of web hosting.
3. All requests for cancellation must be stated in writing in the User's secure Members Area account to the head office of Webpark.ca. Receipt of such request will be confirmed by Webpark.ca by telephone. We will use the telephone number on file which was given at initial sign-up;
4. Cancellation requests made strictly by telephone or e-mail will not be accepted by Webpark.ca; and
5. Any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described in paragraph 8a.
6. Webpark.ca may elect to charge a cancellation fee if User requests early termination.

Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.

9. Assignability
This Agreement is assignable to a third party by Webpark.ca, with notice to User. Such notice shall be made known on the Web site http://www.webpark.ca.

10. General

Consent to Breach Not Waiver: No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.

Governing Law: This Agreement is governed by and construed in accordance with the applicable laws of the Province of Alberta and the federal laws of Canada and is treated in all respects as an Alberta contract.

Severability: If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.

Entire Agreement: This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Webpark.ca anywhere on the site www.webpark.ca, constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.

Survival: Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), Article 9 (Assignability) and this Article 10 (General).

Headings: The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.

Remedies Cumulative: Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.

Counterparts or Electronic Acceptance: This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

11. Right to Refuse Service
Webpark.ca reserves the right to refuse services to any User in the event that User does not abide by the provisions set out in this Agreement. If Webpark.ca deems the User to be a hindrance on business, the User will be "blacklisted" and Webpark.ca will not in the future, provide any services to User. In any such event, Webpark.ca will give User 7 (seven) Calendar days notice to find another provider for their web hosting needs.

12. Intellectual Property of Web site Designs and Templates
All Web site templates are the sole property of Webpark.ca and their owners. Web site templates are not for sale unless specifically stated in writing on the www.webpark.ca Web site. Webpark.ca's templates are only to be used on Webpark.ca's servers unless agreed upon between the user and Webpark.ca's staff. This agreement must be "signed off" on paper or in the Webpark.ca Members Area in detail.

13. Web site "Piggy backing"
The User is in no way allowed to "Piggy back" another Web site under their own Web site. This means that a Web site, separate from the Web site in the root of the User's folder, is being hosted under a sub folder within their site. An example would be www.abc.com which may be a garden site is hosting an automotive site under www.abc.com/auto. The descretion of this is soley in the hands of Webpark.ca's staff and their owners. If you are found "Piggy backing" a Web site, it will be shutdown immediately and the User will be asked to pay for it under its own hosting plan.

14. KickStart Bundle Initial Contract Start Date
The User agrees that if he/she has not "signed off" on their Web site to go live, their contract will start 3 (three) months after the User's sign up date regardless of what stage the User's Web site is at. In reference to "signed off", this means that the User accepts that their Web site is complete by replying to Webpark's e-mail stating that the User's Web site is ready to go live. In reference to "go live", this means the User's Web site will be put on Webpark's production server(s) which means the User's site will now be accessible by anyone on the internet.

15. Past Due Invoices
The User agrees to pay invoices within 30 (thirty) days of the invoice date. If payment is not received within 30 (thirty) days of the invoice date, the User agrees to pay 2% interest per month. If an invoice goes past due an additional 20 (twenty) days, Webpark.ca reserves the rights to disable all of the User's services (Web site, e-mail, etc.) will be suspended until payment is received in full including any accumulated interest charges. The User would be notified by e-mail before inactivity of their account takes place.