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terms
& conditions
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Subject to availability and to this agreement, WebworX.ca
Inc. shall permit the User to use WebworX.ca Inc.'s facilities,
equipment, User accessible programs and networks, and any
other facilities offered by WebworX.ca Inc. for the storage
and execution of the User's programs and data for the purpose
of access to the Internet within the terms and conditions
specified hereafter.
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The User shall be solely responsible for maintaining the
security of the UserID and password, and for preventing
their unauthorized use. The User shall be responsible for
all use of the INTERNET by anyone using the UserID. If the
User shall become aware, or suspect, that any unauthorized
person has obtained or attempted access through the UserID
or to the User's account, program, or data, then the User
shall forthwith notify WebworX.ca Inc. and change their
password.
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The UserID shall be used only by the User and the User
shall not make the UserID available to any third party.
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The UserID shall use the INTERNET in a proper and prudent
manner and according to any operating instructions provided
by WebworX.ca Inc.
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The User shall have sole responsibility for the preparation
of their programs and data. WebworX.ca Inc., its directors,
employees, sponsors, and agents shall not be responsible
for any fault or error in the User's programs or any programs
accessed through INTERNET.
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The User acknowledges that the INTERNET may be subject
to unscheduled and unannounced outages and breakdowns which
may not be rectified promptly.
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In the event of the failure or breakdown in the INTERNET,
or of the loss or spoiling of the User's programs or data,
WebworX.ca Inc. makes no warranty that either will be restored.
The User assumes full responsibility for backing up their
own files.
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Article 1.8 states the entire liability of WebworX.ca Inc.
for any loss or spoiling of the User's programs or data.
WebworX.ca Inc., its directors, employees, sponsors, and
agents shall not be liable for any loss or damage sustained
by the User or any third party, directly or indirectly,
as a result of the failure or breakdown of the INTERNET
or fault in the programs provided by WebworX.ca Inc. or
for any other cause.
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WebworX.ca Inc. may limit in any way the User's access
to the INTERNET. WebworX.ca Inc. may exercise this discretion
arbitrarily, unequally, and unreasonably. Without restricting
the generality of this discretion, WebworX.ca Inc. may limit
the hours of access to each User in any manner, and may
limit the amount of storage and memory available to the
user.
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WebworX.ca Inc. reserves the right to refuse access to
any User for any reason.
The User shall not:
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Seek, by any means whatsoever, information regarding
the personal identification, or password of any other
User of the INTERNET or any network to which the User
may be permitted access;
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Obtain or seek to obtain access to or interfere with
any programs or data maintained by WebworX.ca Inc.
except as permitted by WebworX.ca Inc.; obtain or
seek to obtain access to or interfere with any programs
or data maintained by WebworX.ca Inc. except as specifically
permitted by the policies of the network (which form
part of these terms and conditions). Without limiting
the generality of the forgoing, the User shall not
access the INTERNET except in accordance with this
Agreement
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Obtain or seek to obtain access to any other User's
programs or data except with the explicit authorization
of the other User;
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Knowingly develop or use programs which adversely
affect or impact other Users, the INTERNET, or any
Network;
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Use, transmit, or store anything obscene, offensive,
or defamatory;
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Utilize the INTERNET for any purpose which is contrary
to the laws of any government having jurisdiction
over WebworX.ca Inc. or the User;
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Engage in any other activity which WebworX.ca Inc.
determines in its unfettered discretion to be Improper
Use of the INTERNET.
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The User agrees to indemnify WebworX.ca Inc., its directors,
employees, sponsors and agents against any loss, damage,
or liability (including legal costs on a full indemnity
basis) which may be sustained or incurred as a consequence
of the User's failure to comply with this agreement whether
the failure is attributable to the User or to some other
person using the User's account with or without permission
of the User.
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WebworX.ca Inc. may without notice terminate any User's
privileges for any breach of this agreement.
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The User shall indemnify WebworX.ca Inc. against any claim
by a third party for alleged infringement of any copyright
or any other intellectual property rights which arises as
a result of the storage or processing of any of the User's
programs or data on or through the INTERNET.
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The User's programs shall be and shall remain the property
of the User. Notwithstanding, WebworX.ca Inc. may in its
discretion make and keep backups and examine the User's
programs, data, printed output, other media in connection
with its investigation of malicious disruption of computer
services and of breaches of this agreement either by the
User or by any other person.
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WebworX.ca Inc. makes all commercially reasonable efforts
to protect the confidential and personal information of
its Users.
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WebworX.ca Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED.
NO REPRESENTATIONS, OR STATEMENTS NOT EXPRESSLY SET FORTH
HEREIN SHALL BE BINDING UPON WebworX.ca Inc. AS A WARRANTY
OR OTHERWISE.
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These terms and conditions may be amended by WebworX.ca
Inc. at any time by posting the revised version on our web
site. WebworX.ca Inc. may from time to time provide information
and updates to the User via email regarding the service
and the User expressly consents to receive such periodic
information acknowledging that such information is being
sent by WebworX.ca Inc. for the benefit of the User and
its service.
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Any discretion, option, decision, or opinion by WebworX.ca
Inc. shall be sufficiently exercised or formed if exercised
or formed by or subsequently ratified by WebworX.ca Inc.'s
system administrator or any other person or persons designated
by WebworX.ca Inc.'s directors.
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Anyone who is under the age of 18 must have a parent or
guardian sign for their account and be fully responsible
for the supervision of this account.
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WebworX.ca Inc. bandwidth may not, under any condition,
be resold or given away. The bandwidth is available to the
purchased account only and may not be shared in any way.
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WebworX.ca Inc. accounts may not be resold, or transferred
to any third party. All fees are non-refundable.
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WebworX.ca Inc. reserves the right to full access to leased
hardware owned by WebworX.ca Inc. on the User's premises
with a minimum of one days notice.
Contact WebworX.ca via
email or call our office at 403.730.2040.
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