This website (this "Site") is owned and operated by The Internet Centre Canada Inc., an Alberta corporation ("The Internet Centre", "we", "us" or "our"). These Terms of Use set out the terms and conditions of your use of this Site and the products and services offered through it (individually and collectively, the "Services").
Whether you are simply browsing this Site or are a customer, your use of this Site means that you have read, understand and agree to be bound by these Terms of Use, together with our Privacy Policy and our Service Agreement, which are incorporated by reference.
The terms "you", "your", "User" or "customer" refer to any individual or entity who accepts these Terms of Use by using this Site or the Services. Nothing in these Terms of Use confers any third-party rights or benefits.
We may change or modify these Terms of Use, and any policies or agreements incorporated by reference, at any time, and such changes are effective immediately upon posting to this Site (as indicated by the "Last revised" date above). Your continued use of this Site or the Services after changes are posted constitutes your acceptance of the revised Terms of Use. If you do not agree, do not use (or continue to use) this Site or the Services. For a regulated retail telecommunications service, we will give at least 30 days notice before a material change to a key term of your service takes effect and, where required by law, obtain your consent, and you may cancel the affected service without an early cancellation fee if you do not accept the change.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are at least eighteen (18) years of age, or are otherwise able to form legally binding contracts under applicable law.
If you are accepting these Terms of Use on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization, in which case "you" and "your" refer to that organization. If you do not have that authority, you will be personally responsible for the obligations in these Terms of Use. We are not liable for any loss resulting from our reliance on any instruction or communication we reasonably believe to be genuine and from an authorized representative, and we may (but need not) require additional authentication where there is reasonable doubt.
To access some features of this Site or use some Services, you will need to create an account (an "Account"). You represent and warrant that all information you submit is accurate, current and complete, and that you will keep it that way. If we have reason to believe your Account information is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your Account.
You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your login, password and payment information secure. We recommend you change your password periodically. Notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to unauthorized use of your Account; you, however, may be liable for any loss we or others incur caused by your Account.
You acknowledge and agree that:
We reserve the right to modify, change, or discontinue any aspect of this Site or the Services, including prices and fees, at any time.
Our content. Except for User Content, the content on this Site and in the Services - including text, software, scripts, source code, APIs, graphics, photos, sounds, video and interactive features, and the trademarks, service marks and logos contained in them ("our Content") - is owned by or licensed to The Internet Centre and is protected by copyright, trademark and other intellectual property laws in Canada and other countries. Our Content is provided for your information and personal, non-commercial use only, and may not be downloaded, copied, reproduced, distributed, sold, licensed, or otherwise exploited without our express prior written consent. We reserve all rights not expressly granted.
User Content. Some features of this Site or the Services may allow Users to view, post, publish, share, store or manage ideas, opinions, recommendations or advice ("User Submissions"), or other content such as photos and videos (together, "User Content"). By posting User Content, you represent and warrant that you have all necessary rights to do so and that the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or interfere with the security-related features of this Site or the Services.
You are solely responsible for your User Content and the consequences of distributing it. You acknowledge that User Submissions are voluntary, do not create a confidential relationship, and do not obligate us to use them or to compensate you for any use.
If you have a website or other content hosted by The Internet Centre or another provider, you retain all of your ownership or licensed rights in that content. If you post User Content to this Site, you grant The Internet Centre a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform that User Content in connection with this Site and our business, and you grant each other User a non-exclusive license to access it through this Site (other than content you designate "private" or "password protected"). These licenses end within a commercially reasonable time after you remove the User Content from this Site, except that we may retain server copies. We will not use content you have designated "private" or "password protected" to promote this Site or our business.
We generally do not pre-screen User Content, but we reserve the right (without any obligation) to do so and to decide whether any item of User Content complies with these Terms of Use. We may remove any User Content, and/or terminate a User's access to this Site or the Services, for any violation of these Terms of Use, at any time and without prior notice. We may also terminate access if we have reason to believe a User is a repeat offender. If we terminate your access, we may remove and destroy any data and files you have stored on our servers.
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify access to any Account or Services (including the right to cancel or transfer any domain name registration) for any reason, including to: correct mistakes; protect the integrity and stability of any domain name registry; assist with fraud and abuse prevention; comply with applicable laws and court orders; comply with law enforcement requests, including subpoenas; comply with a dispute resolution process; defend against any legal action; or avoid civil or criminal liability.
We reserve the right to review any Account for excessive space and bandwidth use, and to apply additional fees to, or terminate, Accounts that exceed allowed levels.
We do not tolerate spam, and we comply with Canada's Anti-Spam Legislation (CASL). You may not use this Site or the Services to send unsolicited commercial or bulk email or messages. We may immediately terminate any Account that we believe, in our sole discretion, is transmitting or is otherwise connected with spam or other unsolicited bulk messages. In addition, if actual damages cannot reasonably be calculated, you agree to pay us liquidated damages of $1.00 CAD for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
The Internet Centre supports the protection of intellectual property. If you would like to submit a trademark claim (for a mark on which you hold a valid, registered trademark) or a copyright claim (for material on which you hold a bona fide copyright), please contact us at support@incentre.com.
This Site and the Services may contain links to third-party websites that we do not own or control. We assume no responsibility for the content, terms, privacy policies or practices of any third-party website, and we do not censor or edit their content. By using this Site or the Services, you release The Internet Centre from any liability arising from your use of any third-party website. We encourage you to review the terms and privacy policies of each website you visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE INTERNET CENTRE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INTERNET CENTRE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE OR OF ANY LINKED SITES, OR ABOUT THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE INTERNET CENTRE OR ITS REPRESENTATIVES WILL CONSTITUTE LEGAL OR FINANCIAL ADVICE OR CREATE ANY WARRANTY WITH RESPECT TO THIS SITE OR THE SERVICES. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE.
IN NO EVENT SHALL THE INTERNET CENTRE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM THE CONTENT OF THIS SITE OR ANY LINKED SITE; THE SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE; THIRD-PARTY CONDUCT; ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR TO ANY INFORMATION STORED ON THEM; ANY INTERRUPTION OR CESSATION OF SERVICES; ANY VIRUSES OR HARMFUL CODE; ANY USER CONTENT; OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY, AND WHETHER OR NOT THE INTERNET CENTRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED. IN NO EVENT SHALL THE INTERNET CENTRE'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CLAIM. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE.
You agree to protect, defend, indemnify and hold harmless The Internet Centre and its officers, directors, employees and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind (including reasonable legal fees) arising from (i) your use of and access to this Site or the Services; (ii) your violation of any provision of these Terms of Use or the policies or agreements incorporated by reference; and/or (iii) your violation of any third-party right, including any intellectual property right. This obligation survives any termination or expiration of these Terms of Use.
You agree to comply with all applicable Canadian export control and economic sanctions laws in your use of this Site and the Services, and you represent that you are not located in, or a national or resident of, any jurisdiction subject to comprehensive Canadian sanctions, and that you are not a person with whom dealings are prohibited under those laws. This obligation survives any termination or expiration of these Terms of Use.
These Terms of Use are binding upon and enure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in these Terms of Use confers any third-party rights or benefits.
These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms of Use shall be brought exclusively in the courts of the Province of Alberta, and you consent to the jurisdiction and venue of those courts.
The titles and headings in these Terms of Use are for convenience only and shall not be used to interpret the agreement of the parties. Each covenant is a separate and independent covenant. If any provision (or portion of a provision) is held to be illegal, invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
If you have any questions about these Terms of Use, please contact us: