Client agrees to receive access services provided by the Provider according to the following terms and conditions:
Client agrees to the services (“Website Options”) offered by Provider, and agrees to receive services according to the Website Options. Client agrees that no component or page within their website (and if applicable, mobile app) will be used for the following: to receive, record, track, or store any credit or debit card information; bank account numbers; bank statements; wire transfer account numbers; drivers license numbers; Passport numbers; birth certificate numbers; and/or Health Card numbers. Should the Client be found to be obtaining any of this information, they may be terminated without prior notice. (Any e-commerce functionality by the Provider is processed through a third party provider such as PayPal, Authorize.net, Chase Paymentech or PSI Gate.)
Client will pay for services provided under this Agreement in accordance with the service provided.
This Agreement may be terminated by Provider at any time without prior notice and without cause. If the Client is in default under this Agreement (including nonpayment), the defaulting party may be terminated without prior notice.
Client will use the services offered by Provider in a manner consistent with all applicable local, provincial, and federal laws and regulations.
Though the Provider has taken steps to make the service as secure as possible through means of Secure Socket Layer (SSL) and several encryption algorithms, the Provider is not responsible for the data taken by unauthorized users, hackers or any unauthorized personnel. The Client is solely responsible for the data, login accounts, and access passwords given or created by the Client.
If you are not satisfied with one of our SAAS (Software As A Service) products (namely BarkBuilder or Bark DS) or wish to cancel your account with BarkBuilder or Bark DS, you may request a refund within 7 days of your original purchase/renewal date. If you are a current BarkBuilder or Bark DS customer and wish to cancel your account, it must be done no later than 7 days past your billing cycle, whether it be quarterly or yearly. Partial refunds will not be issued.
No refund is available after the 7th day. Additional services such data transfer overages, disk space, pop accounts, etc. are nonrefundable. Refund policy on renewals of web hosting contracts will be refunded if the Provider is notified by the following renewal date. No refunds will be granted for notifications received after this date.
In order to stop service, Client must contact Providers customer service department.
Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures (images), links, or any other content): (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
(e) Any abuse of account privileges including but not limited to:
Use of any program/script/command, or sending messages of any kind, designed to interfere with a users session, via any means, locally or by the Internet. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method. Any violation of the above conditions will result in termination of Client’s account.
PROVIDER’S SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
If Client acts as a ‘reseller’ or ‘affiliate’ of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client’s obligations under ‘Indemnity’ shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider’s services.
This Agreement shall be governed by the laws of the Province of Ontario. Venue for any action hereunder shall be in London, Ontario, Canada.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
Costs associated with BarkBuilder or Bark DS are considered to be hosting costs.
If any federal, provincial or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
Services provided to or used by the User may only be for lawful purposes. Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.