This is a contract
between you (“you” or “your”) and AATC.CA CORP. ("AATC"). It
states the terms and conditions which apply to your purchase and use, in any
manner, of the AATC web hosting, e-mail and domain services (collectively, the
"Services"), as described at http://www.aatc.ca (the
THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE
BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY
APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES
(ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE
SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS,
DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE
“END-USERS”). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION
AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME)
INCORPORATED BY REFERENCE HERETO.
AATC reserves the right
to change or modify this Agreement, and any policy or guideline incorporated by
reference at any time and from time to time in its sole discretion, and to
determine whether and when any such changes apply to customers. Any changes or
modification will be posted by AATC, and become effective upon posting of the
revisions on the Site. AATC will post a notice of such changes or modifications
on the Site for thirty (30) days. You are responsible for regularly reviewing
the Site to obtain timely notice of such changes or modifications. Your
continued use of the Services following AATC' posting of any changes or
modifications will constitute your acceptance of such changes or modifications.
IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE
THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN
ACCORDANCE WITH SECTION 1.1 BELOW.
1. Term and Payment for
1.1. Term and
Termination. The Services are provided on a fixed term basis and shall be
provided, unless AATC receives additional payment from you, until the last day
of the fixed term (“Termination Date”). Either party may at any time terminate
this Agreement, prior to the Termination Date, provided that AATC will provide
the Services until the Termination Date. Subject to 1.2 below, no credits shall
be provided to you for the value of the Services between the date that you
notify AATC that you no longer wish to receive the Services and the Termination
Notice of Termination. You must provide AATC
with notice of termination in writing by e-mail (from the email account
specified by you when first ordering the Services) to firstname.lastname@example.org. You shall provide AATC
with sufficient identification information so that AATC may properly identify
you and your account. Any notice of termination will be effective thirty (30)
days following AATC' receipt thereof.
Refund Policy. If you terminate this Agreement within thirty (30) days of
agreeing to be bound hereto, you shall receive a refund for all amounts paid by
you to AATC for the Services, excluding any amounts paid for Non-Refundable
Amounts, as defined below. “Non-Refundable Amounts” include set-up fees, additional
bandwidth charges and additional storage charges.
1.3. Liability and
Obligations on Termination. Should the Agreement expire or be terminated
for any reason, AATC will not be liable to you because of such expiration or
termination for compensation, reimbursement or damages on account of the loss
of profits or sales (anticipated or actual), goodwill or on account of
expenditures, investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from such termination or
expiration. Any termination of this Agreement shall not relieve you of any
obligations to pay fees and costs accrued prior to the termination date. AATC
shall not be obligated to notify any third party of the termination of your
account or provide any termination assistance. Without limiting the generality
of the foregoing, AATC shall have no obligation to forward any email messages,
data, information or other content related to your use of the Services, and you
acknowledge that all such email messages, data, information and content may be
immediately deleted by AATC.
1.4. Charges. You
agree to pay all fees and charges (and applicable taxes) incurred which relate
to your use of the Services, in accordance with the rates, terms and conditions
established from time to time by AATC. Such rates, terms and conditions will be
posted on the Site or otherwise made available to you by AATC. AATC shall begin
charging you on the date that you subscribe for the Services, unless otherwise
specified by AATC. All prices on the Site are net of tax and you shall be responsible for the payment of all federal,
provincial, and local sales, use, value added, excise, duty and any other taxes
assessed with respect to the Services, other than taxes based on AATC' net
1.5. Payment. All
charges for the Services must be paid in advance according to the then current
price applicable to the Services. When ordering the Services through the
sign-up server at the Site, you must elect to pay for the Services by credit
card. AATC reserves the right to modify the forms of payment it will accept, at
any time, in its sole discretion.
1.6. Failure to Pay.
If you fail to pay any fees and taxes within ten (10) days from applicable due
date for credit card payments, late charges of the lesser of one and one-half
per cent (1.5%) per month (i.e. 18% per annum) or the maximum amount allowable
under applicable law shall also become payable by you to AATC. In addition,
your failure to fully pay any fees and taxes within ten (10) days after the
applicable due date will be deemed a material breach of this Agreement,
justifying AATC' immediate suspension of its performance of the Services and/or
termination of this Agreement. You are responsible for any fees associated with
reinstating the Services. Any such termination would not relieve you from
paying past due fees plus interest. In the event of collection enforcement, you
will be liable for any costs associated with such collection, including,
without limitation, legal fees, court costs and collection agency fees.
2. Use of Services
for Use. You are responsible for use of the Services and the maintenance of
all passwords related to the Services. You are solely responsible and liable
for any and all activities that occur in respect of your use of the Services,
including without limitation all activities of any users authorized by you or
using your passwords. You are also responsible for maintaining the
confidentiality of all passwords related to your use of the Services. You agree
to immediately notify AATC of any unauthorized use of the Services or your
passwords or of any other breach of security and to provide assistance to AATC,
as requested, to stop, prevent or remedy any breach of security.
Policies and Agreements.
at http://www.aatc.ca/privacy.htm (the "AATC Privacy
Policy") describes how AATC collects, stores, processes and uses
information associated with your use of the Services. You hereby consent to the
collection, use and disclosure by AATC and its agents of your personal
information (whether previously collected or to be collected) for the purposes
All agreements and
policies may be updated or amended from time-to-time.
2.3. Material and
Product Requirements. You must ensure that all material and data placed on AATC'
equipment is in a condition that is "server-ready," which is in a
form requiring no additional manipulation by AATC. AATC will make no effort to
validate any of this information for content, correctness or usability. In the
event that your material is not "server-ready", AATC has the option
at any time to reject this material. AATC will notify you of its refusal of the
material and afford you the opportunity to amend or modify the material to
satisfy the needs and/or requirements of AATC. Use of the Services requires a
certain level of knowledge in the use of Internet languages, protocols and
software. This level of knowledge varies depending on the anticipated use and
desired content of your web site. You must have the necessary knowledge to
create and maintain a web site. It is not AATC' responsibility to provide this
knowledge or customer support.
Storage, and E-Mail Use. You agree that use of the Services hereunder will
not exceed the bandwidth, storage and E-mail usage limits set out in the Site
for the Services ordered by you. If you use any bandwidth or storage space in
excess of the agreed upon number of megabytes per month or if you exceed E-Mail
storage and attachment size limitations, AATC may, in its sole discretion,
assess you with additional charges according to AATC' then current pricing
policy, suspend the performance of the Services, or terminate this Agreement.
In the event that AATC elects to take any corrective action, you will not be
entitled to a refund of any unused pre-paid fees. Warning messages will be
emailed to you as you exceed 80% and 90% of your package's respective bandwidth
and disk space limits. If payment for extra usage is not received within two
weeks of the invoice date, the expiry date of the account will be adjusted
according to the amount outstanding.
2.5. Domain Names.
As part of the Services, you will provide AATC with a registered domain name or
names or AATC will register such domain name(s) selected by you, provided that
such domain name is available for registration and does not violate any
registrar’s policies, or any law or regulation. You agree to promptly reimburse
AATC for any fees paid by AATC to any registrar with respect to the
registration and maintenance of such domain name(s). In the event of any
dispute or cause of action arising out of or related to your domain name used
in connection with the Services, upon your request AATC will attempt to
register with the registrar an alternative domain name chosen by you. You agree
to be bound by the terms the registrar’s then current domain name policy and/or
the policies of the national DNS registration authorities to which you become
subject upon registration of a domain name. The inability to use a domain name
shall not entitle you to a refund by AATC of any fees paid with respect to the
registration of such unusable domain name. There is no charge for indefinite
parking of domains on AATC servers or to transfer to another service provider.
However, in the event a domain that was registered by AATC is transferred to
another service provider, and requires manual intervention by AATC support
staff to complete the transfer, there will be an administrative transfer cost
charged for each domain plus applicable taxes. Domain Parking does NOT include
any hosting services. You may not submit your own DNS entries because AATC is
NOT a Registrar and hosting services for domain names residing on the AATC
system must be provided by AATC. Domain name payments are non-refundable. Once
a domain name is registered, the WHOIS database stores the information and is
kept there for a period of one year, until the date of renewal. Payment with
respect to domain names will NOT be refunded or credited to your credit card.
You are responsible for spelling a domain name correctly while registering it
online. AATC will not provide refunds or credits for misspelled domain names.
Components. You acknowledge that the Services do not include, without
limitation, content design, development, FTP master maintenance, uploading and
publishing, Common Gateway Interface scripts and other such executables and
that all of the foregoing are your responsibility. You may not compile or install
binary files other than the ones provided by AATC.
AATC does not make C compilers available and
the PERL binaries provided will not have networking support (for example,
socket ph, ftp.pl, etc.) You may use ftp to access your home directory for the
purpose of installing and editing your web pages.
3.1. AATC Property.
You hereby acknowledge and agree that all programs (in object code and source
code form), data, services, processes, designs, technologies, materials and all
other things comprising the Services are owned by and shall remain the sole
property of AATC, its licensors or its suppliers and are protected by
applicable copyrights, trade-marks, patents, trade secrets and/or other
proprietary rights and laws. AATC shall also maintain and control ownership of
all Internet protocol ("IP") numbers and email addresses that may be
assigned to you by AATC. AATC reserves, in its sole discretion, the right to
change or remove any and all such IP numbers and email addresses at any time.
3.2. Your Content.
AATC does not claim ownership of information, materials, software or other
content (collectively, the "Content") that you post, upload, input,
provide, submit or otherwise transmit to AATC or any third party, using the
Services. However, you agree that by posting, uploading, inputting, providing,
submitting or otherwise transmitting the Content to AATC or any third party,
using the Services, you have thereby granted AATC a royalty-free, non-exclusive
license to use, copy, distribute, transmit, display, edit, delete, publish and
translate such content to the extent reasonably required by AATC for the
purposes of rendering and operating the Services to you under this Agreement or
to ensure adherence to or enforce the terms of this Agreement You expressly (a)
grant to AATC a license to cache the Content, and (b) agree that such caching
is not an infringement of any of your rights or any third party's rights.
4. Warranties and
4.1. Your Warranties
and Representations to AATC. You warrant, represent, and covenant to AATC
that (a) you are at least eighteen (18) years of age; (b) you possess the legal
right and ability to enter into this Agreement; (c) you will use the Services
only for lawful purposes and in accordance with this Agreement and all
applicable policies and guidelines; (d) you will be financially responsible for
use of the Services; (e) you have acquired or will acquire all authorization(s)
necessary for hypertext links to third-party web sites; (f) you have verified
or will verify the accuracy of materials distributed or made available for
distribution via the Services, including, without limitation, your Content,
descriptive claims, warranties, guarantees, nature of business, and address
where business is conducted, and (g) your Content does not and will not
infringe or violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation or ordinance.
4.2. Warranty and
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AATC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. Although AATC will use commercially reasonable measures
to maintain the security of the Services, AATC assumes no responsibility for
the effectiveness of these security measures provided by AATC.
5.1. Entire Agreement.
This Agreement, including any domain registration agreements, documents, web
sites, rules, terms, policies and guidelines referenced herein, constitutes the
entire agreement between AATC and you with respect to the matters referred to
in this Agreement and supersedes all prior and contemporaneous agreements and
understandings, whether electronic, oral or written, between AATC and you with
respect to such matters.
5.2. No Waiver.
The failure of AATC to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between you and AATC nor trade practice
shall act to modify any provision of this Agreement.
5.3. Choice of Laws.
This Agreement shall be governed by and construed in accordance with the laws
of the Province of
Ontario without reference to rules
governing choice of laws and the federal laws of Canada applicable therein.
You hereby irrevocably consent to the exclusive jurisdiction of the courts of
the Province of Ontario and the federal courts
situated in the Province of
Ontario in connection with any
matter arising under this Agreement.
5.4. Assignment. AATC
may at any time assign its rights and obligations under this Agreement, in
whole or in part, without notice to you. You may not assign this Agreement.
This Agreement will ensure to the benefit of and bind you and AATC and its
respective personal and legal representatives, successors and permitted
All monetary amounts expressed in this Agreement are in Canadian dollars,
unless otherwise expressly stated.
Contractors. You agree that no joint venture, partnership, employment or
agency relationship exists between AATC and you as a result of this Agreement
or use of the Services.
The section headings in this Agreement are for convenience only and have no
legal or contractual effect.
5.9. Notices. Any
notices or other communications sent by AATC to you shall be deemed to have
been duly given and delivered to you when delivered by email to the account
specified by you when first ordering the Services
Any notices or other
communications sent by you to AATC shall be deemed to have been duly given and
delivered to AATC when delivered by email to email@example.com.