All customers of scCameron.ca’s web site development
services as well as the customers of all of our resellers are subject to the terms
of Service outlined in this Terms of Service Agreement. The Terms of Service Agreement
is a legal contract between scCameron.ca and the customer that contains the rights,
duties and obligations of scCameron.ca and the customer.
This is an Agreement between you, hereinafter referred to as the Customer and scCameron.ca, owned and operated by Steven Cameron,
hereinafter referred to as scCameron.ca.
- ACCOUNT – This Agreement applies to all Accounts (sub-accounts, pointers,
etc.) associated with the Customer. - RENEWAL PERIOD – This Agreement will automatically renew for successive 1,
3, 6, 12 or 24-month periods as chosen in the order form for the life of the contract
until cancelled in writing. - CANCELLATION – Cancellation requests must be received in writing via fax
or postal mail at scCameron.ca’s main office. Phone
and email cancellations will not be accepted. Such requests must be received 10
days prior to expiry of term. In circumstances where the Customer does not cancel
prior to the renewal date the Customer is liable for payment of the entire term
of either 1, 3, 6, 12 or 24 months.If, after providing notice to the Customer, the Customer does not correct the Account
Web site with respect to any of the following circumstances,
scCameron.ca may terminate this Agreement, discontinue this service and
delete the Account Web site on the 10th day:-
a) The Customer disputes the terms of this Agreement or any amendment set out, from
time to time, by scCameron.ca anywhere in an amended
Agreement, attached schedule to this Agreement, or on the Web site http://www.scCameron.ca/.
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a) The Customer disputes the terms of this Agreement or any amendment set out, from
- REPRESENTATIONS & WARRANTIES – No oral or written advice or information
given by scCameron.ca or its employees will create
a warranty. This information or advice may not be relied upon. This Agreement supersedes
any such information or advice given by scCameron.caor its employees. scCameron.ca does not warranty
that any services provided by scCameron.ca will be
uninterrupted, error-free or secure. The Service is offered without any representations
or warranties of any kind either express or implied. scCameron.ca
may also link to or include on its Web resources, information provided by third
party partners and providers. scCameron.ca does not
guarantee or warrant the reliability of this information nor does
scCameron.ca recommend any of these services. For greater certainty and
without limitation to the generality of the foregoing:-
a) scCameron.ca makes no representations, warranties
or guarantees of any kind whether written or verbal regarding the reliability or
suitability of the Account Holder Web site created, built or provided or any other
product or services offered; -
b) scCameron.ca is not responsible for any deletions,
alterations, or loss of data due to network or system outages, file corruption,
accidental deletion or any other reasons; -
c) scCameron.ca makes no representations, warranties
or guarantees with regards to reliability, suitability, speed or consistency of
any products or services offered; -
d) scCameron.ca makes no representations, warranties
or guarantees as to the accuracy or correctness of any content on any of the developed
sites and is not responsible for any errors or omissions arising from the use of
such information.
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a) scCameron.ca makes no representations, warranties
- REFUND POLICY – Since scCameron.ca is offering
a non-tangible, irrevocable product or service. There are no refunds on any paid
amounts. We only make exceptions with this rule when the product appears to be not-as-described
on a case by case basis at our sole discretion. The deadline for any refund claim
is one week after the delivery date. The refund is issued to you after we receive
a “Will not Use” document signed by you. This is a required condition. - OWNERSHIP – You do not claim intellectual property right or exclusive ownership
to any of our products, modified or unmodified. All products are property of independent
content providers. Our products are provided “as is” without warranty of any kind,
either expressed or implied. In no event shall our company or its agents be liable
for any damages including, but not limited to, direct, indirect, special, punitive,
incidental or consequential, or other losses arising out of the use of or inability
to use our products. - PAYMENT METHOD – Customer paying by check or money order will receive an
invoice for charges and payment is due upon receipt. Customer paying by credit card
expressly agrees to have their credit card account billed monthly, quarterly or
annually as chosen in the order form for the recurring charges for the life of the
contract including any automatic renewal periods and any new services ordered mid-term
by the Customer once the service has been set up. - DELIQUENCY – Delinquent Accounts are those that remain unpaid 15 days after
activation or renewal date. Accounts that are delinquent are put on accounting hold
and may not be used. After 15 days, scCameron.camay, in its sole discretion, cancel the Account without any further compensation
to the Customer. - NOTICE & AGREEMENT – The Customer agrees to abide by the following provisions
of this service contract and may have to agree to additional provisions from scCameron.ca covering this Agreement and/or any future
services added to this Agreement. scCameron.ca reserves
the right to modify any provisions of this Agreement at any time with 72 hours notice
to the Customer. Notice may be given in the form of an announcement on the Web site
www.scCameron.ca. If Account Holder refuses to accept
any future provisions or amendments, Customer will have the option to cancel service
as of the renewal date. Failure to cancel service by the Customer will be deemed
to be acceptance of any amended provisions or conditions to this Agreement. If Customer
refuses to accept any future provisions or amendments, scCameron.camay, in its sole discretion, cancel the Account forthwith.
- CONTENT – The produced web site and related electronic services can only
be used for legal purposes under all international, federal, provincial and municipal
laws. Violations of this or any other provision of this Agreement can result in
a 10 day notice to terminate service or in scCameron.ca’s
sole discretion, an immediate termination of service. scCameron.cahas the right to refuse service if content of information provided is deemed illegal,
misleading, or obscene in the opinion of scCameron.ca.
scCameron.ca will make the final determination in
any dispute over unacceptable content, and Customer agrees to accept
scCameron.ca’s decision. In any cases where the Customer has violated
the terms of this Agreement, scCameron.ca reserves
the right to deactivate or lock the Account without notice to the Customer. In cases
of deactivations due to violations of this Agreement no refunds will be issued.
Customer agrees that scCameron.ca is not responsible
for any content on Account Web site and acknowledges that scCameron.cadoes not endorse or verify any such material. Customer agrees to assume full responsibility
for all files associated with the Account Web site and acknowledges that Customer
may be held legally liable for the contents of the Account Web site. Customer will
not include any content or Internet link on the site that contains, promotes or
is involved in any of the following:-
a) any infringement of copyright, trademark, patent, trade secret or other intellectual
property right; - b) pornography;
- c) content that exploits children under 18 years of age;
- d) hate propaganda;
- e) racist, threatening, slanderous, libellous or otherwise abusive content;
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f) the promotion or incitement of, or instructions for, the commission of illegal
activities; - g) mail fraud, multi-level marketing schemes or any fraudulent activities;
- h) content promoted through the sending of unsolicited email (spamming);
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i) sending of unsolicited email (spam) from a scCameron.ca
server, or any other server that refers to content on a scCameron.ca
server, or sending such email with a scCameron.cahosted Web site listed as the contact address;
- j) warez, cracks, hacks, spam software & their associated utilities;
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k) illegal mpeg layer two or three files (MP2 or MP3) which may be considered copyright
infringement; -
l) information or other material that contains a virus, corrupted data or any other
harmful or damaging component.
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a) any infringement of copyright, trademark, patent, trade secret or other intellectual
- PRICES – scCameron.ca reserves the right to
modify (increase or decrease) prices at any time. - PASSWORDS & NETIQUETTE – The Customer agrees to follow generally accepted
“Netiquette” when sending email messages or posting newsgroup messages. Customer
is solely responsible for the security of their password. In the event that the
Customer releases the password to an unknown party or person(s) the Customer will
be held responsible for any unauthorized use of scCameron.ca’sservices. This includes any damages resulting there from, until
scCameron.ca is notified by the Customer. scCameron.ca
will not change passwords to any Account without verification of identity of the
Customer which is satisfactory to scCameron.ca. Verification
may include written requests with signature. Customer agrees not to participate,
either directly or indirectly, in the distribution of “SPAM”, “JUNK MAIL” or unsolicited
commercial messages or communications in any form either through
scCameron.ca’s servers or any other server. scCameron.careserves the right to terminate, without notice, all services provided to Customer
if Customer participates in the distribution of any such communications. - PRIVACY POLICY – In order to protect scCameron.ca’s
clients, scCameron.ca will refuse to give any information
to any persons requesting such information without the express written consent of
the Customer. See our Privacy Policy. - ACCOUNT OWNERSHIP & DISPUTE – In the event of any partnership breakup,
divorce or other legal problems that includes the Customer, Customer understands
that scCameron.ca will remain neutral and may even
lock the Account until the situation has been resolved. During this period if the
Account is more than 15 days overdue for payment, scCameron.ca
may place the Account on Accounting Hold until payment is received. Under no circumstances
will scCameron.ca be liable for any losses incurred
by Customer during this time of determination of rightful ownership. - INDEMNITY – The Customer agrees not to harm scCameron.ca,
its reputation, computer systems, programming and/or other Account Holders using
scCameron.ca’s services. scCameron.ca
reserves the right to select the computer for Customer’s Web site for best performance.
If Customer breaches this Agreement, then scCameron.cahas the right to terminate service without any refunds of the unused portion prepaid
by Customer. The Customer agrees to indemnify and hold harmless both
scCameron.ca and other Customers from any and all claims an/or costs
(including legal costs) resulting from the Customer’s use or abuse of their service
in any manner. If at any time, Customer breaches any part of this contract and scCameron.ca has to engage the services of an attorney,
then Customer will pay any and all of the scCameron.ca’s
reasonable attorney fees and court costs. The Customer agrees to indemnify and hold
scCameron.ca harmless from and against, and to reimburse
scCameron.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) of
every nature whatsoever incurred by scCameron.caby reason of or arising out of or in connection with (i) any breach of this Agreement
by the Customer, (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, slanderous, dangerous or defamatory content on
the Site. - USAGE – If Customer exceeds the disk usage or data transfer limit of their
hosting account, they will be billed for sufficient blocks of additional disk space
or data transfer.Customer understands this service is provided on a shared server. This means that
Account Holder’s Web site cannot overwhelm the server with heavy (CPU) usage from
highly active common gateway interface (CGI) scripts or chat scripts or excessive
bandwidth usage which interferes with scCameron.ca’sability to provide service to its users. If Customer’s Web site overwhelms the server
and / or causes complaints from other Account Holders, scCameron.ca
may cancel the Account with 72 hours notice to the Customer.
scCameron.ca will refund any moneys paid for unused time of service remaining. - SECURITY – scCameron.ca will deactivate Customer’s
Web site or any services for Customer’s Web site without notice to the Customer,
if deemed by scCameron.ca, to be hazardous or insecure
to other scCameron.ca Customers on the shared server
(security violations). In such cases, scCameron.cawill not be held responsible or liable for any damages to the Customer as a result.
scCameron.ca’s objective is to keep all Customers
secure from such occurrences, which may or may not occur. - ASSIGNMENT, LICENCE AND RESPONSIBILITIES – The Customer’s right and privileges
cannot be sold or transferred without the written consent and approval from scCameron.ca. scCameron.camay assign, license or transfer its responsibilities and duties under this Agreement.
- ADDRESS CHANGES – Any and all changes (address, email address, phone number,
billing contacts, etc) associated with the Customer must be updated with
scCameron.ca Billing via postal mail or fax within 7 (seven) days of
such change. Phone or email notifications will not be accepted.scCameron.ca
will not be held responsible in the event that the Customer’s
Account is deactivated, or locked because the Customer failed to notify
scCameron.ca of any of these changes in their billing contact information. - NOTICE TO OFFICIALS – If scCameron.ca determines
that law enforcement officials should be notified regarding potentially illegal
content on the Account Web site, the Customer agrees that scCameron.camay provide copies of the Customer’s Web site to the appropriate officials without
notice to the Customer. Customer agrees that scCameron.ca
does not have a duty of confidence or non-disclosure to the Customer in respect
of the content of Customer’s Web site. scCameron.ca
may cooperate with all law enforcement efforts to locate persons who have posted
content that is illegal or promotes illegal conduct. - LIMITATIONS OF LIABILITY – scCameron.ca is
not responsible for any failures, delays or interruptions in the delivery of any
content or services contained on the scCameron.caserver; or losses or damages arising from the use of the content or services provided
by scCameron.ca, and for greater certainty and without
limitation to the generality of the foregoing:-
a) scCameron.ca liability to the Customer for actual
damages for any cause whatsoever, regardless of the form of action will be limited
to a maximum of the fees paid by the Customer to scCameron.ca,
for the prior 1, 3 or 12 months (whichever is appropriate); -
b) in no event will scCameron.ca be liable to the
Customer for any indirect, incidental or consequential damages arising out of the
service or in connection with the Account Web site or any other services or products
provided to or by the Customer; -
c) scCameron.ca, its officers, directors, owners,
agents and employees, shall in no way be liable to the Customer or anyone else for
any loss or injury resulting from use of the service or the Customer’s Web site; -
d) In no event shall scCameron.ca be liable for any
damages, whatsoever, as a result of the notifying any official of potentially illegal
content on the Site, providing copies of the Customer’s Web 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; -
e) In no even shall scCameron.ca be liable for any
damages, whatsoever, as a result of the termination of this Agreement.
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a) scCameron.ca liability to the Customer for actual
- GOVERNING LAW – This Agreement is governed by and construed in accordance
with the applicable laws of the Province of Nova Scotia and the federal laws of
Canada and is treated in all respects as a Nova Scotia 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 scCameron.ca
anywhere on the Web site http://www.scCameron.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, the representations
and warranties, limitations of liability, indemnity, and this survival provision.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 consent
through electronic means. - RIGHT TO REFUSE SERVICE – scCameron.ca reserves
the right to refuse services to any Customer. In the event that an Customer does
not abide by the provisions set out in this Agreement or if
scCameron.ca deems the Customer to be a hindrance to
scCameron.ca, the Customer will be blacklisted and scCameron.cawill not provide any services to the Customer in the future. In such an event, scCameron.ca will give the Customer 15 (fifteen) calendar
days notice to find another provider for their web hosting needs.
Our company reserves the right to change or modify the terms and conditions without prior notice.
If you have any questions or comments please contact the legal department at legal@CameronWebServices.ca.