CanWeb Services Inc.

Section 1 — Introduction & Acceptance of Terms

This Web Hosting Agreement ("Agreement") is a binding contract between CanWeb Services Inc. ("CanWeb Services," "we," "our," or "us") and any individual or entity that purchases, accesses, or uses our web hosting, domain, or related services ("Client," "you," or "your"). By creating an account, purchasing a service, or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Section 2 — Services Provided

CanWeb Services provides the hosting, domain, and related services selected by the Client at the prices displayed at the time of purchase. All pricing is transparent; we do not add hidden fees or undisclosed charges. Service features, limits, and specifications are outlined on our website and within your client portal.

All hosting plans are billed on an annual basis unless otherwise stated.

Section 3 — Resource Usage & Overages

• Clients are responsible for monitoring their storage, bandwidth, and other resource allocations through the client portal.
• If your account approaches or exceeds its allocated limits, we will notify you by email.
• If usage continues beyond the plan limits, overage fees may be applied.
• We send warnings before charging for overages, giving you the opportunity to upgrade or reduce usage.
• If excessive usage impacts system stability or server performance, we may temporarily restrict or suspend the account to protect the platform.
• Repeated or unresolved over-usage may result in termination of service in accordance with our Suspension & Termination policy.

Section 4 — Cancellations, Refunds & Credits

• Hosting services are billed annually and are non-refundable once provisioned.
• Refunds are only issued in cases of duplicate billing.
• In other situations where a refund is not applicable, a service credit may be issued at our discretion.
• If a Client cancels within the first month, the full annual fee remains payable, as setup and provisioning costs are incurred immediately.

Section 5 — Scope of Hosting Services

Standard hosting plans do not include:

• custom coding
• website maintenance
• malware cleanup
• content updates
• SEO or marketing services

These services may be available through extended plans or custom packages where explicitly stated.

Section 6 — Backups

• Clients are responsible for maintaining their own backups unless their hosting plan explicitly includes backup services.
• If backups are included, the frequency and retention period will be specified in the plan details.
• CanWeb Services is not liable for data loss resulting from client actions, software issues, or failure to maintain independent backups.

Section 7 — Suspension & System Protection

We follow a warning-first approach whenever possible. However:

• If an account poses a security risk, impacts server performance, or threatens system stability, we reserve the right to suspend the service immediately.
• We will notify the Client of the issue and work with them to resolve it.
• Repeated violations or unresolved issues may result in termination.

Section 8 — Payments, Renewals, Cancellation & Early Termination

8.1 Billing Cycle and Renewal

• All hosting services are billed on an annual pre-paid basis unless otherwise stated.
• Renewal notices are sent by email 3–7 days before the renewal date.
• Your account will automatically renew for the same term unless you submit a cancellation request before the renewal date.
• All invoices are issued in Canadian currency (CAD).

8.2 Payment Methods and PayPal Subscriptions

• If you choose to pay through a PayPal subscription, you are solely responsible for managing, modifying, or cancelling that subscription.
• CanWeb Services cannot cancel PayPal subscriptions on your behalf.

8.3 Late Payments

• All accounts operate on a pre-pay basis.
• If payment is not received within 7 days of the invoice due date, a late fee may be applied at our discretion.
• Accounts not brought current within 7 days of the final email notice may be suspended until payment is received.
• You are responsible for all fees owed from the date the account was created until the date you request termination.

8.4 Price Changes

• CanWeb Services may adjust pricing at any time.
• Price changes do not affect an already-paid term but will apply to future renewals unless other written terms have been agreed upon.

8.5 Cancellations

• You may request cancellation at any time through the client portal.
• There is no cancellation fee for annual plans.
• Because services are provisioned immediately, cancelling within the first month does not reduce or refund the annual fee.

8.6 Refunds and Credits

• Annual payments are non-refundable once the 30-day money-back guarantee period has passed (if applicable to your plan).
• Refunds are only issued in cases of duplicate billing.
• In other situations, a service credit may be issued at our discretion.
• If your account violates our Terms of Service or Acceptable Use Policy, no refunds or credits will be issued.

8.7 Early Termination

Your annual plan remains active until:

• you request termination, or
• your account is terminated for violating our Terms of Service or Acceptable Use Policy.

Customers acknowledge that service fees are based on the agreement to pay for the full initial or renewal term, regardless of early termination.

Section 9 — Server Abuse & Acceptable Use

9.1 Prohibited Actions

Any attempt to undermine, disrupt, or cause harm to any server, network, or customer of CanWeb Services Inc. is strictly prohibited. This includes, but is not limited to:

• unauthorized access to accounts or systems
• password theft or credential harvesting
• scanning for security vulnerabilities
• attempting to bypass security controls
• distributing malware or malicious scripts
• engaging in phishing, fraud, or social engineering

We respond firmly to any unauthorized use of accounts or systems, whether or not the targeted system belongs to CanWeb Services.

9.2 Enforcement Actions

If prohibited activity is detected, we may take any action deemed necessary to protect our systems and clients, including:

• issuing warnings
• restricting or suspending service
• terminating the account
• reporting the activity to law enforcement
• pursuing civil or criminal legal action

If an account is terminated due to a violation of this Agreement or our Acceptable Use Policy, no refunds or credits will be issued.

9.3 Unacceptable Use of Shared Hosting

The following activities are not permitted on shared hosting services:

• running IRC servers, bots, or clients
• bulk emailing or unsolicited emailing (spam)
• newsgroup spamming
• upload/transfer scripts designed for mass file distribution
• hosting or linking to pornographic, obscene, or exploitative content
• hosting or linking to illegal content
• copyright or trademark infringement
• warez, cracks, serial numbers, or pirated software
• proxy-relaying or anonymization services
• link farming, link grinding, or spamdexing
• "link-only" sites with no substantive content
• any activity that excessively consumes server resources or degrades system performance

We reserve the right to determine what constitutes unacceptable use based on the impact to system stability, security, and service quality.

9.4 Web Applications & Scripts

Clients are responsible for maintaining secure, up-to-date web applications and scripts. This includes:

• applying security patches
• removing abandoned or vulnerable software
• monitoring for unauthorized access

If an application is outdated and actively exploited, we may disable or quarantine it without prior notice to protect the server and other clients.

9.5 Prohibited Content

Shared hosting accounts may not host or link to content that includes:

• hate speech, bigotry, or material grossly offensive to the online community
• instructions for illegal activities
• threats or promotion of physical harm
• obscene or pornographic material (excluding permitted content on managed dedicated servers)
• material exploiting minors
• pirated software or tools used to circumvent copy-protection
• serial numbers, cracks, or other circumvention utilities

Accounts found hosting such content may be suspended or terminated immediately.

Section 10 — Disk Space Usage

10.1 Monitoring and Responsibility

Clients are responsible for monitoring their own disk space usage through the client portal. Each hosting plan includes a defined storage allocation, and exceeding this limit may result in additional fees or service restrictions.

10.2 Disk Space Abuse

Disk space is intended for hosting website files, databases, and related content necessary for operating your site. The following uses are not permitted on shared hosting:

• storing large archives unrelated to website operation
• using hosting space as a personal cloud storage system
• hosting backups, media libraries, or file repositories not tied to your website
• storing files that significantly exceed normal website usage patterns

CanWeb Services Inc. will determine, at its discretion, what constitutes disk space abuse based on impact to system performance and intended service use.

10.3 Exceeding Disk Limits

If your account approaches or exceeds its allocated disk space:

• you will receive a notification by email
• you may upgrade your plan through your client portal or request additional storage
• if over-usage continues, overage fees may apply
• if usage threatens system stability, we may temporarily restrict or suspend the account until the issue is resolved

Section 11 — Bandwidth Usage

11.1 Intended Use

Bandwidth is provided to support normal website traffic and the transfer of web content. Hosting accounts may not be used as offsite storage, file distribution hubs, or high-volume download repositories.

11.2 Bandwidth Abuse

Examples of bandwidth abuse include:

• hosting large downloadable files unrelated to website operation
• using the service primarily for file sharing or distribution
• excessive automated traffic or non-web-related data transfer
• any activity that disproportionately consumes network resources

CanWeb Services Inc. will determine what constitutes bandwidth abuse based on usage patterns and impact to the network.

11.3 Exceeding Bandwidth Limits

• Traffic is unmetered until you reach the quota allocated to your plan.
• If you exceed your bandwidth allocation, you will be notified and given 48 hours to correct the issue.
• If the issue is not resolved within that timeframe, overage fees will be applied.
• If bandwidth usage threatens server performance or network stability, we may restrict or suspend the account immediately to protect the platform.

Section 12 — Acceptable Use Policy (AUP)

12.1 Agreement to the AUP

By using any service provided by CanWeb Services Inc., the Client agrees to comply with our Acceptable Use Policy (AUP). The AUP forms an integral part of this Agreement and governs all permitted and prohibited uses of our services.

12.2 Updates to the AUP

CanWeb Services may update or modify the AUP at any time to reflect changes in industry standards, legal requirements, or operational needs. Amendments become effective on the earlier of:

• the date we notify the Client of the change, or
• the first day of the next Renewal Term following the amendment.

Continued use of the service after an amendment becomes effective constitutes acceptance of the updated AUP.

12.3 Cooperation in Investigations

Clients agree to cooperate with any reasonable investigation conducted by CanWeb Services regarding suspected violations of the AUP. This may include providing logs, access information, or other relevant details necessary to assess the issue.

12.4 Interpretation of the AUP

In the event of a dispute regarding the meaning, scope, or application of the AUP, the Client agrees that CanWeb Services' commercially reasonable interpretation shall prevail. This ensures consistent enforcement and protects the integrity of our hosting environment.

Section 13 — Customer Information

13.1 Accuracy of Information

The Client represents and warrants that all information provided to CanWeb Services Inc. for the purpose of establishing, maintaining, or updating their account is accurate, complete, and current. The Client agrees to promptly update any information that becomes outdated or incorrect.

13.2 Eligibility

If the Client is an individual, they represent and warrant that they are at least 18 years of age and legally capable of entering into binding agreements.

13.3 Primary Account Contact

CanWeb Services will rely on the instructions of the individual listed as the Primary Customer Contact in the client portal. This includes requests related to billing, service changes, upgrades, cancellations, and account access.

The Client is responsible for ensuring that the Primary Customer Contact information is accurate. Changes to the Primary Contact must be submitted through the client portal or provided in writing.

Section 14 — Unsolicited Email & Anti-Spam Policy

14.1 Zero-Tolerance Policy

CanWeb Services Inc. maintains a zero-tolerance policy toward unsolicited commercial email ("spam") originating from our servers or promoting any domain hosted on our network. Accounts found to be sending or associated with spam may be suspended or terminated without refund.

14.2 Prohibited Email Activities

The following activities are strictly prohibited:

• sending unsolicited bulk or commercial email
• sending marketing, announcements, or newsletters to recipients who have not explicitly opted in
• email spoofing, impersonation, or forging headers
• sending excessive or disruptive email traffic intended to overwhelm a server or mailbox
• using mailing lists that are purchased, scraped, or otherwise non-consensual
• continuing to email a recipient after they have requested to unsubscribe or stop receiving messages
• using our services to support or promote spam sent through another provider ("third-party spam promotion")

14.3 Harassment and Abuse

Email may not be used to harass, threaten, or intimidate others. Harassment includes:

• repeated unwanted messages
• abusive or harmful language
• sending messages with the intent to annoy, disrupt, or cause distress

14.4 Responsibility for Mailing Lists

Clients who operate mailing lists must ensure:

• all recipients have explicitly opted in
• unsubscribe mechanisms are functional and honoured promptly
• mailing list practices comply with applicable anti-spam laws (e.g., CASL in Canada)

14.5 Enforcement

If spam activity is detected:

• the account may be suspended immediately to protect network integrity
• the Client will be notified and may be required to take corrective action
• repeated or severe violations may result in termination without refund

Section 15 — Uptime & Service Availability

CanWeb Services Inc. does not provide a formal uptime guarantee or Service Level Agreement (SLA). However, our infrastructure is designed for high availability, and we have consistently delivered uptime levels of approximately 99.99% for our clients.

While we make every reasonable effort to maintain continuous service, temporary interruptions may occur due to maintenance, upgrades, network issues, or factors outside our control. Such interruptions do not qualify for refunds or credits unless explicitly stated in your hosting plan.

Section 16 — Technical Support Boundaries

16.1 Scope of Support

CanWeb Services Inc. provides technical support for issues that fall within our area of expertise and direct responsibility. This includes:

• assistance with the cPanel control panel
• troubleshooting hosting-related issues
• server-side problems within our managed environment
• configuration issues related to services we provide

Support is available through the channels listed in your client portal.

16.2 Best-Effort Assistance

While not required to do so, CanWeb Services may, at its discretion, offer best-effort assistance with:

• scripts
• templates
• third-party applications
• programming-related questions

This assistance is provided as a courtesy and is not guaranteed.

16.3 Exclusions

CanWeb Services is not obligated to:

• install or configure third-party applications, modules, or templates
• debug or repair custom code
• resolve issues caused by client-modified applications
• provide development, design, or programming services
• fix errors resulting from unsupported software or outdated applications

Any support provided outside our standard scope is optional and may be discontinued at any time.

16.4 Client Responsibility

Clients are responsible for:

• maintaining their own applications, scripts, and code
• ensuring third-party software is up-to-date and secure
• resolving issues caused by custom modifications
• using supported and compatible software

Section 17 — CGI Scripts

17.1 Use of CGI Scripts

Each shared hosting account includes access to its own CGI-BIN, and Clients are free to use CGI scripts that are compatible with our hosting environment.

17.2 Security and Performance Requirements

All CGI scripts must be:

• secure and actively maintained
• free of known vulnerabilities
• configured to operate within normal resource limits
• compatible with shared hosting environments

Scripts that consume excessive CPU, memory, or disk I/O, or that pose a security risk, are not permitted.

17.3 Right to Disable Scripts

To protect server stability and the experience of all clients, CanWeb Services Inc. reserves the right to:

• disable or restrict any CGI script
• suspend execution of scripts that degrade performance
• remove or quarantine scripts that present security risks

These actions may be taken without prior notice if necessary to maintain system integrity.

17.4 Client Responsibility

Clients are responsible for:

• maintaining and updating their CGI scripts
• ensuring scripts are secure and properly configured
• resolving any issues caused by their scripts

Failure to correct problematic scripts may result in account suspension or termination in accordance with our Acceptable Use Policy.

Section 18 — Indemnification

18.1 General Indemnification

The Client agrees to indemnify, defend, and hold harmless CanWeb Services Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to:

• the Client's use of the services
• any violation of applicable law
• any breach of this Agreement or the Acceptable Use Policy (AUP)
• any activity conducted through the Client's account, whether authorized or unauthorized

This obligation applies regardless of whether the person engaging in the activity was authorized by the Client to use the account.

18.2 Third-Party Claims

The Client further agrees to indemnify and hold harmless CanWeb Services Inc. from claims arising from:

• Injury or damage to any person or property caused by products, services, or content hosted, sold, or distributed through the Client's website or server space.
• Intellectual property violations, including actual or alleged infringement of copyrights, trademarks, trade secrets, or other proprietary rights arising from materials supplied, uploaded, or distributed by the Client.
• Copyright infringement, including hosting, distributing, or linking to unauthorized or pirated content.
• Defective or harmful products sold, advertised, or distributed through the Client's website or hosting account.

18.3 Survival

These indemnification obligations survive the termination or expiration of the Client's account and remain in effect as long as any claim relating to the Client's use of the services may be brought.

Section 19 — Disclaimer of Warranties

To the fullest extent permitted by applicable law, CanWeb Services Inc. makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

CanWeb Services does not warrant or guarantee that:

• the services will be uninterrupted, error-free, or completely secure
• defects will be corrected
• the services will meet the Client's requirements or expectations

All services are provided on an "as is" and "as available" basis.

Section 20 — Limitation of Liability

20.1 Exclusion of Certain Damages

To the fullest extent permitted by law, neither party shall be liable to the other for:

• lost profits
• loss of revenue
• loss of data
• business interruption
• indirect, incidental, special, consequential, or punitive damages

This applies even if the party was advised of, or should have been aware of, the possibility of such damages.

20.2 Liability Cap

Notwithstanding any other provision of this Agreement, the maximum aggregate liability of CanWeb Services Inc., its employees, agents, and affiliates, under any legal theory (including contract, tort, negligence, strict liability, or infringement) shall not exceed the amount paid by the Client for the service during the twelve (12) months immediately preceding the event giving rise to the claim.

This cap reflects your annual billing model and ensures the clause is enforceable and consistent.

20.3 No Liability for Client Actions

CanWeb Services is not responsible for:

• issues caused by client-installed software
• data loss resulting from client actions or third-party applications
• security breaches caused by outdated or insecure client software
• downtime caused by factors outside our reasonable control

Section 21 — Suspension of Services & Termination

21.1 Grounds for Suspension

CanWeb Services Inc. may suspend a Client's services, without prior notice and without liability, under any of the following circumstances:

• AUP Violations: We reasonably believe the services are being used in violation of the Acceptable Use Policy (AUP).
• Non-Cooperation: The Client fails to cooperate with a reasonable investigation into a suspected AUP violation.
• System Protection: Suspension is necessary to protect our network, servers, or other clients.
• Legal Requirements: A law enforcement or regulatory agency requests or requires suspension.

A reasonable reinstatement fee may apply if services are restored following a suspension.

21.2 Termination by the Client

The Client may terminate this Agreement before the end of the current term if:

• CanWeb Services materially fails to provide the service as described in this Agreement, and
• the Client provides written notice describing the issue in reasonable detail, and
• CanWeb Services does not correct the issue within ten (10) days of receiving the notice.

No refunds are issued for unused portions of annual service unless otherwise stated in this Agreement.

21.3 Termination by CanWeb Services

CanWeb Services may terminate this Agreement prior to the end of the current term under the following conditions:

• Non-Payment: Upon five (5) days' notice if the Client is overdue on any payment.
• Material Violations: If the Client materially violates any provision of this Agreement (including the AUP) and fails to correct the violation within thirty (30) days of written notice.
• Repeated AUP Violations: Upon one (1) day's notice if the Client's service is used to violate a material term of the AUP more than once.
• Customer Information Violations: Upon one (1) day's notice if the Client violates Section 13 (Customer Information).

21.4 Immediate Termination for Severe Violations

CanWeb Services reserves the right to immediately terminate services without prior notice in cases involving:

• child sexual exploitation material
• activities that pose an immediate threat to system security
• criminal activity
• severe or malicious abuse of network resources

No refunds or credits will be issued for accounts terminated for these reasons.

21.5 Insolvency

Either party may terminate this Agreement with five (5) days' notice if the other party:

• admits insolvency
• makes an assignment for the benefit of creditors
• files for bankruptcy or similar protection
• is unable to pay debts as they become due
• has a trustee or receiver appointed over a substantial portion of its assets
• enters into an agreement to restructure or extend its obligations

21.6 No Refunds for Violations

If an account is suspended or terminated due to a violation of this Agreement or the AUP:

• no refunds or credits will be issued
• annual fees remain non-refundable
• this applies even if the violation occurs early in the service term

This policy prevents misuse of services by individuals intending to violate our terms.

Section 22 — Requests for Customer Information

22.1 Reporting Illegal Activity

The Client agrees that CanWeb Services Inc. may, without prior notice, report to the appropriate authorities any conduct by the Client, or by the Client's customers or end users, that we reasonably believe violates applicable law.

22.2 Disclosure to Law Enforcement and Regulatory Agencies

CanWeb Services may disclose information related to the Client, or to the Client's customers or end users, when required to do so by law. This includes responding to:

• formal or informal requests from law enforcement
• regulatory agency inquiries
• valid civil subpoenas or court orders

We will only disclose information to the extent required to comply with the request.

22.3 Compliance With Legal Process

CanWeb Services evaluates all requests to ensure they meet applicable legal standards. If a civil request appears valid on its face, we may comply without further notice to the Client unless prohibited by law.

22.4 No Liability for Good-Faith Disclosures

CanWeb Services is not liable for any disclosure made in good faith to comply with legal obligations, protect our network, or respond to unlawful activity.

Section 23 — Backup Responsibilities

Clients are responsible for maintaining their own up-to-date backups of all content hosted with CanWeb Services Inc., regardless of whether their hosting plan includes backup services. Any backups provided by CanWeb Services are offered as a convenience only and are not guaranteed.

Section 24 — Restore Requests

During each service term, Clients may request one complimentary restore of their hosting account for any reason.

Additional restore requests may be subject to a one-time fee of $100, applied at the discretion of CanWeb Services.

Section 25 — Changes to CanWeb Services' Network

CanWeb Services may upgrade, modify, or replace components of its network infrastructure at any time, including but not limited to:

• software
• hardware
• service providers
• network architecture

These changes may affect the display, performance, or operation of hosted content or applications. CanWeb Services will make commercially reasonable efforts to minimize disruption, but is not liable for any resulting impact on the Client's website or services.

Section 26 — Notices

26.1 Notices to CanWeb Services

Notices under this Agreement must be sent via email to the support address listed on the CanWeb Services website.

26.2 Notices to the Client

Notices to the Client will be sent to the Primary Customer Contact listed in the client portal. Notices are considered received:

• on the day they are sent, or
• on the next business day if sent outside business hours or on a non-business day

Clients may update their notice email address through the client portal or by written request.

Section 27 — Force Majeure

CanWeb Services Inc. is not liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to:

• power grid failures
• major Internet disruptions
• natural disasters
• war, terrorism, or civil unrest
• epidemics or pandemics
• strikes or labour disputes
• acts of government or regulatory authorities
• events of a magnitude for which industry-standard precautions are not typically taken

During such events, obligations are suspended until performance becomes reasonably possible.

Section 28 — Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Province of Ontario, and the applicable laws of Canada, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Section 29 — Miscellaneous

29.1 Intellectual Property

Each party retains exclusive ownership of its trademarks, service marks, trade secrets, inventions, copyrights, and all other intellectual property.

Neither party may use the other party's name, trademarks, or branding without prior written consent.

29.2 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency relationship, or employer-employee relationship.

Neither party has authority to bind the other or to make representations on the other's behalf.

29.3 Amendments

This Agreement may be amended only through a formal written agreement signed by both parties.

Terms contained in purchase orders or other customer-provided documents are not binding on CanWeb Services Inc. unless expressly incorporated into such a written agreement.

29.4 No Waiver

A failure or delay by either party to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.

A waiver of any right applies only to the specific instance for which it is given and does not constitute a continuing waiver.

29.5 Headings

Section headings are provided for convenience only and do not affect the interpretation of this Agreement.

29.6 Survival

The following provisions survive termination or expiration of this Agreement:

• Fees and payment obligations
• Indemnification
• Limitation of liability
• Disclaimer of warranties
• Intellectual property provisions
• These miscellaneous provisions
• Any other provisions that by their nature are intended to survive

29.7 No Third-Party Beneficiaries

This Agreement creates no third-party beneficiary rights. Insurers, resellers, and customers of resellers are not third-party beneficiaries.

29.8 Assignment

The Client may not transfer or assign this Agreement without the prior written consent of CanWeb Services Inc.

Approval is contingent upon the assignee meeting CanWeb Services' credit and eligibility requirements.

CanWeb Services Inc. may assign this Agreement, in whole or in part, at its discretion.

29.9 Entire Agreement

This Agreement, together with the Order and the Acceptable Use Policy (AUP), constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous communications, proposals, or understandings, whether written or oral.

Section 30 — Copyrighted and Licensed Files

Clients must ensure that all files stored on CanWeb Services Inc. servers are legally owned, properly licensed, or otherwise authorized for use and distribution. This requirement applies to all file types, including but not limited to audio, video, executable, archive, and disk-image formats.

If unlicensed, pirated, or otherwise illegal files are discovered within a Client's account, CanWeb Services may remove the files immediately and may take further action as permitted under this Agreement and the Acceptable Use Policy.

Section 31 — Cancellation of Service by CanWeb Services

CanWeb Services Inc. reserves the right to cancel or discontinue any service at any time. If CanWeb Services initiates a cancellation for reasons other than a violation of this Agreement or the Acceptable Use Policy, any prepaid fees for unused service will be pro-rated and refunded.

If cancellation results from a Client's violation of this Agreement or the AUP, no refunds or credits will be issued. Any additional costs incurred by CanWeb Services due to the violation may be billed to the Client.

Section 32 — Promotional Rates & Special Offers

CanWeb Services Inc. may offer promotional pricing or special offers from time to time. These promotions:

• may include terms that differ from standard service pricing
• do not alter the Client's obligations under this Agreement
• may be subject to additional terms and conditions that take precedence over conflicting terms in this Agreement
• cannot be combined with other promotions unless explicitly stated

Promotions that include a free or discounted domain name are not refundable and are not covered by the 30-day money-back guarantee, as the domain cost is typically included in the initial payment.

Section 33 — Intellectual Property Rights

Content accessible through CanWeb Services' network may be protected by copyright, trademark, trade secret, or other intellectual property laws. Clients must not use CanWeb Services' services in a manner that infringes, violates, or misappropriates the rights of any third party.

Clients using a domain name in connection with CanWeb Services' services must ensure that the domain does not violate any trademark, service mark, or similar rights.

Section 34 — Network Security

Clients may not use the CanWeb Services network to attempt to breach, circumvent, or interfere with the security of any system, host, or account. Prohibited activities include, but are not limited to:

• accessing data or systems without authorization
• attempting to log into accounts not assigned to the Client
• password cracking or credential harvesting
• scanning or probing networks for vulnerabilities
• interfering with service availability (e.g., flooding, denial-of-service attacks, mail bombing)
• violating the security policies of other organizations

CanWeb Services will cooperate fully with investigations into suspected security violations, including cooperation with law enforcement authorities. Clients who engage in such activities may face account suspension or termination and may incur civil or criminal liability.

Section 35 — Electronic Commerce

Clients are solely responsible for the development, operation, and maintenance of their online stores, products, and all associated content. This includes, without limitation:

• ensuring the accuracy, legality, and appropriateness of all content and materials displayed on the website or associated with products
• ensuring that all content does not infringe upon the intellectual property or other rights of any third party
• ensuring that no content is defamatory, misleading, or otherwise unlawful

Clients are fully responsible for:

• calculating and applying shipping charges, taxes, and fees
• accepting, processing, and fulfilling customer orders
• handling all customer service inquiries, returns, disputes, and complaints

Clients are also responsible for the security and confidentiality of any customer information accessed through their website, including credit card numbers and personal data. Such information must be protected with the same degree of care used to safeguard the Client's own confidential information.

Section 36 — Static & Dynamic Content Caching

The Client:

• grants CanWeb Services Inc. a license to cache the entirety of their website, including third-party content, as part of normal hosting operations; and
• agrees that such caching does not constitute an infringement of the Client's or any third party's intellectual property rights.

Caching is a standard and necessary function of hosting infrastructure and may occur automatically.

Section 37 — IP Address Ownership

All IP addresses assigned by CanWeb Services Inc. remain the property of CanWeb Services. IP addresses are provided for use during the term of service and may be changed, reassigned, or revoked at any time at our discretion.

Clients do not acquire ownership or transfer rights to any IP address assigned as part of their hosting service.

Section 38 — Domain Name Registration

38.1 Fees and Payment

The Client agrees to pay CanWeb Services Inc. the then-current fees for:

• initial domain name registration
• domain name renewals
• any applicable surcharges or reinstatement fees

Payment must be received before a domain name is registered or renewed. All domain registration and renewal fees are non-refundable, in whole or in part, even if the domain is suspended, cancelled, transferred, or otherwise becomes unusable before the end of the registration term.

CanWeb Services reserves the right to modify registration fees, renewal fees, or surcharges at any time.

38.2 Registration Confirmation

A domain name is not considered registered until:

• full payment has been received, and
• CanWeb Services sends a confirmation email to the address provided in the Client's registration application.

38.3 Chargebacks and Payment Reversals

If a chargeback or payment reversal occurs for a domain registration or renewal:

• ownership of the domain name will be transferred to CanWeb Services Inc. as the paying entity on record
• CanWeb Services may, at its discretion, make the domain available for purchase by other parties
• the Client forfeits any rights to the domain unless reinstated by CanWeb Services

Reinstatement is at the sole discretion of CanWeb Services and requires:

• payment of all outstanding registration or renewal fees, and
• payment of any applicable reinstatement fees

38.4 Client Responsibilities

The Client is responsible for:

• ensuring that all domain registration information is accurate and kept up to date
• renewing the domain before expiration
• complying with all applicable domain registry rules and policies

Failure to maintain accurate contact information may result in suspension or loss of the domain.

Section 39 — Transfer of Domain Registration to CanWeb Services

39.1 Fees and Payment

The Client agrees to pay the then-current transfer fee listed in the CanWeb Services Inc. price schedule before a domain transfer request is submitted. All transfer fees are non-refundable, regardless of the outcome of the transfer.

39.2 Reasons a Transfer May Fail

The Client acknowledges that a domain transfer may fail for reasons including, but not limited to:

• no response from the Registered Name Holder or Administrative Contact
• the domain being in a Registrar Lock or Transfer Lock status
• the domain expiring during the transfer process
• restrictions imposed during the first 60 days after initial registration or after a previous registrar transfer
• registry-level or registrar-level constraints outside the control of CanWeb Services

39.3 Pricing Changes

CanWeb Services may modify transfer fees, renewal fees, or surcharges at any time.

39.4 Confirmation of Transfer

A domain transfer is not complete until:

• full payment has been received, and
• CanWeb Services sends a confirmation email to the Client's registered contact address.

39.5 Chargebacks and Payment Reversals

If a chargeback or payment reversal occurs:

• ownership of the domain will be transferred to CanWeb Services Inc. as the paying entity
• CanWeb Services may make the domain available for purchase by other parties
• the Client forfeits all rights to the domain unless reinstated

Reinstatement is at the sole discretion of CanWeb Services and requires:

• payment of all outstanding fees, and
• payment of any applicable reinstatement fees

Section 40 — Transfer of Domain Registration Away from CanWeb Services

40.1 Right to Reject Transfer Requests

CanWeb Services Inc. may reject a domain transfer request for reasons including, but not limited to:

• no response from the Registered Name Holder or Administrative Contact
• the domain being in Registrar Lock status without a valid request to unlock
• the domain expiring within 60 days
• restrictions during the first 60 days after initial registration or after a previous registrar transfer
• registry-level or policy-based constraints

40.2 Client Responsibility

The Client acknowledges that:

• the success or failure of a domain transfer is solely the Client's responsibility
• CanWeb Services is not liable for failed transfers for any reason
• all domain registration and renewal fees are non-refundable

Clients should ensure that the domain name, contact information, and transfer status are correct before initiating a transfer.

Section 41 — Lawful Use

41.1 Lawful Purpose Only

CanWeb Services Inc. reserves the right to refuse service to any individual or organization at our discretion. Clients may use our servers and services only for lawful purposes. Our services may not be used to support, promote, or engage in illegal activities of any kind.

If content or activity is illegal in Canada, it is not permitted on our servers.

41.2 Prohibited Content and Activities

The transmission, distribution, or storage of material that violates any applicable law or regulation is strictly prohibited. This includes, but is not limited to:

• copyrighted, trademarked, or proprietary material used without authorization
• obscene, defamatory, or threatening content
• content that violates export control laws
• malicious software, hacking tools, or security-bypassing utilities
• pirated or unlicensed digital media
• content that facilitates or promotes illegal activity

CanWeb Services retains sole discretion in determining whether content or activity violates this section.

41.3 Enforcement and Cooperation

If illegal content or usage is discovered:

• the account may be suspended or terminated immediately
• no refunds or credits will be issued
• CanWeb Services may cooperate fully with law enforcement or injured third parties

The Client agrees that CanWeb Services may disclose account information—including assigned IP addresses, account history, and usage data—to law enforcement upon receipt of a valid written request, without further notice to the Client unless prohibited by law.

41.4 Venue and Jurisdiction

This Agreement is deemed to be entered into in Ottawa, Ontario. Any dispute arising under or related to this Agreement shall be litigated or arbitrated exclusively in Ottawa, Ontario. The Client waives any objections to venue or jurisdiction in these courts.

41.5 Liability

This section does not override the broader Limitation of Liability clause already included in this Agreement. The liability cap applicable to all claims is defined in Section 20 — Limitation of Liability, and that section governs.

Section 42 — Privacy Statement

CanWeb Services Inc. adheres to the strict standards outlined in our Customer Privacy Policy, which governs how personal information is collected, used, stored, and protected. By using our services, the Client acknowledges and agrees to the practices described in that policy.

Clients are responsible for reviewing and understanding the Privacy Policy in full. Continued use of our services constitutes acceptance of its terms.