Legal
If you accept this agreement without reading it in its entirety, you are still bound by this agreement in its entirety.
The following is the entire service agreement between Inspiratica Web Services (Inspiratica) and the personal or corporate account holder (you / your).
Service
Inspiratica will provide you with storage space on an Inspiratica server for hosting a World Wide Web site (site) according to a selected plan at the site inspiratica.ca, in exchange for you paying the prescribed fee(s).
Privacy Policy
Inspiratica will not sell your personal nor financial information to any third parties. Inspiratica will not give your personal nor financial information to any law enforcement authorities nor legal agents without a proper court order, subpoena or warrant.
Limitations
Any content on your site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Inspiratica, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to you; you agree not to engage in any activity that can overwhelm Inspiratica servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts. If you exceed the bandwidth limit for the service subscribed to, you must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in the termination of your account, without any compensation to you. You may not use any images, marks nor other content on your site that is owned by any Inspiratica partner, without explicit licence or consent from that partner.
User liability
You are liable for all content on your site, including the legality and preservation (i.e. making back-ups) of same.
Amendments
You agree to abide by any amendments made to this agreement, from time to time, as posted at inspiratica.ca.
E-mail service is subject to the following restrictions: you agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Inspiratica, in its sole discretion, to be offensive, disruptive, obscene or inappropriate; you will not exceed the allowable storage capacity of the e-mail account. If you exceed the allowable storage capacity, you must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage. You will not send spam mail (i.e. unsolicited e-mail). You will, at all times, be liable for the safeguarding of your password and account information and if you breach any term of this agreement, Inspiratica reserves the right to delete your mailbox without any compensation to you.
User obligation
You will, at all times, keep Inspiratica apprised of your current contact and billing information.
Website Suspension or Termination
If litigation or a similar adjudicative proceeding is commenced against you in respect to your site, upon receipt by Inspiratica of a court-issued copy of such proceeding, your site will be temporarily deactivated. The deactivation period will last until you have filed an appropriate defence in respect to such proceeding, and provided Inspiratica with a court-issued copy of same. If you fail to defend any such proceeding, your site will remain deactivated, without any compensation to you.
Domain Name Registration
Second-level domain names registered through Inspiratica by you are governed by the terms located here.
Refund Policy
The thirty-day Web hosting refund policy of Inspiratica is subject to the terms located here.
No Representations or Warranties
Services are provided as is, without any representations or warranties of any kind either expressed or implied.
Limitation of Liability
Inspiratica is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the Inspiratica server, or losses or damages arising from the use of the content or services provided by Inspiratica or third parties in connection with Inspiratica. Inspiratica is not responsible for any financial losses by you in association with your site.
Indemnity
You agree to indemnify and hold Inspiratica harmless from and against, and to reimburse Inspiratica with respect to, any and all losses of every nature whatsoever incurred by Inspiratica arising out of (i) any breach of this agreement by you; (ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual property right of any person by content on the site; or (iii) illegal, libelous or defamatory content on the site.
Termination
Both you and Inspiratica have the option to terminate this agreement at any time, upon providing five business days prior notice to the other. Inspiratica may terminate this agreement at any time, without notice or compensation to you if you violate any term of this agreement, engage in illegal conduct, post illegal material, overwhelm Inspiratica servers or central processing units (CPUs), or engage in any conduct Inspiratica deems in its sole discretion to be disruptive or harmful.
Assignability
This agreement is assignable to a third party by Inspiratica upon notice to you. Such notice will be published on the Web site inspiratica.ca.
Dispute Period
Any billing discrepancies must be presented to Inspiratica in writing (or via email) within seven days of the invoice issue date, in sufficient detail to permit Inspiratica to investigate the dispute. Invoiced charges will be deemed undisputed if no notice is given to Inspiratica within the seven-day period. Customer may not withhold payment of undisputed amounts.
Renewal
Upon expiration, this agreement will renew automatically for the same duration as previously agreed to, unless you advise Inspiratica otherwise prior to said expiration. Renewal fees must be received by Inspiratica within 15 (fifteen) days of said expiration, failing which your site and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 90 (ninety) days of expiration, all site and e-mail content will be deleted and removed from Inspiratica servers, without any compensation or notice to you. Inspiratica reserves the right to not automatically renew any service plan.
General
The following terms apply: this agreement is governed by and construed in accordance with the applicable laws of the province of Ontario and the federal laws of Canada and is treated in all respects as an Ontario-based contract; the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract; any invalid, illegal or inoperative clause of this agreement will not affect the valid reading and application of all other clauses of this agreement; this agreement, together with the policies prescribed at inspiratica.ca constitute the entire agreement between you and Inspiratica; any term or condition of this agreement, which by its nature extends beyond the term or expiry of this agreement, survives the termination or expiry of this agreement; this agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument; Inspiratica maintains the right to refuse service if it considers it would be disruptive to its business to provide such service; any failure by Inspiratica in satisfying any provision of this agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and all remedies available to Inspiratica under this agreement survive termination of this agreement without limitation.
Updated: March 12th, 2012
