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D&D Technologies Policies

D&D Technologies Inc. Internet Hosting Services Agreement

This is a contract between you and D&D Technologies Inc. (D&D). It spells out the terms and conditions which apply to your use of Internet Hosting Services provided by D&D ("D&D Internet Hosting Services") for the service package that you have selected.

In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by D&D, its affiliates or partners (the "D&D Sites") may be subject to additional terms, policies and rules contained within the D&D Sites or otherwise made available to you.

By opening a D&D Internet Hosting Services account or by using D&D Internet Hosting Services you are agreeing to be legally bound by and abide by the terms of this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE FOR, ACCESS OR USE D&D INTERNET HOSTING SERVICES AND YOU MUST IMMEDIATELY TERMINATE ALL OF YOUR D&D ACCOUNTS (see Section 35).

Amendments to this Agreement

  1. D&D reserves the right to amend this Agreement at any time. However, D&D will use reasonable efforts to publish any amendments on its Web Site as may be updated from time to time, (the "D&D Web Site") before such amendments become effective. You are responsible for regularly reviewing the D&D Web Site to obtain timely notice of such amendments. If any amendment is unacceptable, you may terminate your D&D Internet Hosting Services account (see Section 35). If you do not terminate your account before the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.

    2. Your Account

  2. You represent and warrant that you possess the legal right and ability to enter into this Agreement and use D&D Internet Hosting Services in accordance with this Agreement.
  3. As a D&D Internet Hosting Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account, including without limitation all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify D&D, as specified on the D&D Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to D&D, as requested, to stop and/or remedy any breach of security.

    4. Customer Information

  4. You acknowledge that you have read the D&D Privacy Commitment on the D&D Web site (as it may be updated from time to time) (the "D&D Privacy Commitment") and hereby consent to the collection, use and disclosure by D&D and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the D&D Privacy Commitment.
  5. You agree to provide true, current, accurate and complete customer information as requested by D&D or its agents and you agree to promptly notify D&D in writing or e-mail of any changes to this information as required to keep it current, complete and accurate.

    6. Invoicing and Payment

  6. You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of D&D Internet Hosting Services through your account, in accordance with the rates, terms and conditions established from time to time by D&D that are applicable to the service package which you have selected. Such rates, terms and conditions will be posted on the D&D Web Site or otherwise made available to you by D&D. D&D shall begin charging you on the date that you subscribe for D&D Internet Hosting Services, unless otherwise specified by D&D.
  7. Available invoicing and payment options may vary depending on your location (your "Customer Access Location") and D&D reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If charges are included on your D&D invoice, such charges are due within 30 days of the due date shown on such invoice. If payment is not received by D&D by this due date, interest shall accrue on the outstanding amount at a rate which is the lesser of 1.25% per month (16.07% compounded annually) and the maximum permitted by law.
  8. Any failure of D&D to provide you with an invoice or statement pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify D&D of any errors, discrepancies or irregularities in any invoicing within 90 days after they first appear on your invoice or statement, such invoice or statement will be deemed accepted by you for all purposes. Without limiting anything else in this Agreement, you agree to release D&D from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to D&D within 90 days of the publication date of the applicable invoice or statement.
  9. You agree to pay all costs incurred by D&D in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including without limitation, lawyers' fees.

    10. Service Limitations

  10. D&D Internet Hosting Services offer a variety of service packages. All services are subject to the availability of suitable equipment and facilities.
  11. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by D&D as being necessary for access to D&D Internet Hosting Services. From time to time, the equipment and/or software required to access D&D Internet Hosting Services may change. Accordingly, your equipment and/or software may cease to be adequate to access D&D Internet Hosting Services. In such circumstances, your sole remedy is to terminate your D&D Internet Hosting Services account.
  12. D&D does not guarantee that D&D Internet Hosting Services will operate with all equipment or software, including without limitation all Internet applications and appliances.

    13. General Practices and Limits

  13. You acknowledge that D&D may establish general practices and limits concerning use of D&D Internet Hosting Services, including without limitation:
    1. The maximum size of any e-mail message that may be sent from or received by a D&D Internet Hosting Services account,
    2. the maximum disk space that will be allotted on D&D's servers on your behalf,
    3. and the maximum number of days that e-mail messages will be stored on D&D's servers.
  14. Such general practices and limits shall be posted on the D&D Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of D&D Internet Hosting Services and may be set at different levels for different users based upon factors that may be determined at D&D's sole discretion. D&D reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account or the imposition of additional charges.

    15. Content Warning

  15. You acknowledge that D&D Internet Hosting Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through D&D Internet Hosting Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. D&D recommends that minors using D&D Internet Hosting Services be supervised by an adult.

    16. Acceptable Use of D&D Internet Hosting Services

  16. D&D Internet Hosting Services may be used only for lawful purposes. You agree that you will not:
    1. post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other "spam";
    2. engage in threats, harassment, intimidation, stalking or abuse of others;
    3. obstruct or bypass computer identification procedures;
    4. engage in unauthorized computer or network trespass;
    5. export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
    6. post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of D&D or any third party; such violations include but are not limited to engaging in copyright infringement, trademark infringement and defamation;
    7. post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include, but are not limited to, communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
    8. engage in or assist others to engage in any activity that otherwise violates established or accepted network etiquette, violates applicable charters, FAQS, policies, rules or guidelines of D&D Internet Hosting Services or other parties, disrupts or threatens the integrity, operation or security of D&D Internet Hosting Services or any computer or Internet system, elicits complaints from other Internet users, is contrary to any law or regulation or, in the sole judgment of D&D Internet Hosting Services, is otherwise objectionable;
    9. otherwise violate D&D's Acceptable Use Policy as it may be updated from time to time;
    10. use or register D&D's trade-marks, trade names or logos, including without limitation any such trade-marks, logos or service marks displayed on any web site(s) operated by D&D, without D&D's express prior written permission;
    11. share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, D&D Internet Hosting Services, except where expressly authorized by D&D; or
    12. allow any other person or entity to engage in any of the foregoing activities while using your D&D Internet Hosting Services account.

    Proprietary Rights

  17. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 16 above, which involves your account, you agree to immediately notify D&D and provide D&D with assistance, as requested, to stop and/or remedy such violation.
  18. Without limiting any of D&D's rights to suspend, restrict or terminate your D&D Internet Hosting Services account as described elsewhere in this Agreement, D&D may suspend, restrict or terminate your D&D Internet Hosting Services account without notice if, in D&D's sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 16 above. You acknowledge and agree that D&D shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.
  19. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through D&D Internet Hosting Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising D&D Internet Hosting Services are owned by D&D, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
  20. D&D does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to D&D or any third party, using D&D Internet Hosting Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to D&D or any third party, using D&D Internet Hosting Services, you have thereby granted D&D a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by D&D to provide D&D Internet Hosting Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
  21. You acknowledge that, except where otherwise specified by D&D, e-mail addresses assigned to you by D&D during the term of this Agreement remain the property of D&D at all times.
  22. You understand that the technical processing and transmission of D&D Internet Hosting Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through D&D Internet Hosting Services may be subject to "caching" at intermediate locations on the Internet.

    23. Compliance Measures

  23. You acknowledge that D&D has no obligation to censor or monitor use of D&D Internet Hosting Services by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through D&D Internet Hosting Services or the Internet. However, you agree that D&D has the right to, without notice, monitor use of D&D Internet Hosting Services and monitor, review and retain such content, material or information if D&D believes in good faith that such activity is reasonably necessary to provide D&D Internet Hosting Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
  24. In the event that D&D receives a complaint relating to use of D&D Internet Hosting Services by a customer, D&D may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
  25. You agree that D&D may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a D&D Internet Hosting Services account, if D&D believes in good faith that such activity is reasonably necessary to provide D&D Internet Hosting Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

    26. Service Changes

  26. D&D reserves the right to change D&D Internet Hosting Services charges, service package features, e-mail addresses, minimum equipment and software requirements and any other aspect of D&D Internet Hosting Services at any time, without notice or liability, at D&D's sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to terminate your D&D Internet Hosting Services account (see Section 35).

    27. Disclaimers

  27. YOU ACKNOWLEDGE AND AGREE THAT:
    1. ALL USE OF D&D INTERNET HOSTING SERVICES IS AT YOUR OWN RISK;
    2. D&D INTERNET HOSTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
    3. D&D DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF D&D INTERNET HOSTING SERVICES;
    4. NEITHER D&D NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, INCLUDING WITHOUT LIMITATION ANY E-MAIL MESSAGES, FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING D&D INTERNET HOSTING SERVICES, INCLUDING WITHOUT LIMITATION DOMAIN NAME REGISTRATIONS, RENEWALS AND TRANSFERS;
    5. D&D IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
    6. NEITHER D&D NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF D&D OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING D&D INTERNET HOSTING SERVICES, BY YOU OR ANY THIRD PARTY; AND
  28. D&D IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF D&D INTERNET HOSTING SERVICES.
  29. D&D MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF D&D INTERNET HOSTING SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. D&D EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
  30. THE D&D WEB SITE(S) WHICH YOU MAY VISIT WHILE USING D&D INTERNET HOSTING SERVICES MAY CONTAIN LINKS TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY D&D OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. D&D IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK.

    31. Limitation of Liability

  31. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL D&D, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "D&D ENTITIES" AND EACH, A "D&D ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR D&D INTERNET HOSTING SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE D&D ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:
    1. THE PERFORMANCE OF THE INTERNET;
    2. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED OVER OR THROUGH THE INTERNET OR D&D INTERNET HOSTING SERVICES, INCLUDING WITHOUT LIMITATION MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS;
    3. THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR D&D INTERNET HOSTING SERVICES;
    4. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH D&D's SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
    5. INSTALLATION OR MAINTENANCE OF D&D INTERNET HOSTING SERVICES, BY YOU, D&D OR THIRD PARTIES.
  32. CIRCUMSTANCES MAY ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE D&D ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE D&D ENTITIES FOR DAMAGES IS LIMITED TO $100.00
  33. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

    34. Indemnity

  34. You agree to indemnify and hold harmless D&D from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against D&D, which result from or relate to:
    1. access to or use, by you or any third party, of your D&D Internet Hosting Services account; or
    2. any of your acts or omissions, including without limitation breach or non-performance of this Agreement and any violation of third party rights.

    Termination

  35. Cancellation requests for D&D accounts must be received in writing via e-mail, fax, or postal service at D&D's office. Such requests must be received by 5 pm Mountain time, fifteen (15) days before the account would be renewed.
  36. D&D may, in its sole discretion, suspend, restrict or terminate your D&D Internet Hosting Services account, effective at any time, without notice to you, for any reason, including without limitation because:
    1. the operation or efficiency of D&D Internet Hosting Services are impaired by the use of D&D Internet Hosting Services from your account;
    2. any amount is past due from you to D&D;
    3. D&D has received a third party complaint which relates to the use or misuse of D&D Internet Hosting Services from your account; or
    4. you have been or are in breach of any term or condition of this Agreement.
  37. Termination of your D&D Internet Hosting Services account by you or D&D automatically terminates this Agreement.
  38. In the event that your D&D Internet Hosting Services account is suspended, restricted or terminated, additional reconnection charges may apply.
  39. D&D shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is suspended, restricted or terminated, D&D shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon suspension, restriction or termination of your account, all e-mail addresses related to your account may be immediately deleted and/or reassigned to other customers.
  40. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.

    41. General

  41. The term "D&D" in this Agreement means D&D Technologies Inc.
  42. This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between D&D and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between D&D and you with respect to such matters.
  43. The failure of D&D to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and D&D nor trade practice shall act to modify any provision of this Agreement.
  44. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and D&D, and the remainder of this Agreement shall remain in full force and effect.
  45. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Use of D&D Internet Hosting Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section, is prohibited.
  46. Any cause of action you may have with respect to this Agreement or D&D Internet Hosting Services must be commenced within 1 year after the claim or cause of action arose, or it shall be barred.
  47. All references to D&D web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
  48. D&D may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
  49. This Agreement will ensure to the benefit of and bind you and D&D and our respective personal and legal representatives, successors and permitted assigns.
  50. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
  51. The rights, powers and remedies of D&D in this Agreement, including without limitation the right to suspend, restrict or terminate any D&D Internet Hosting Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to D&D at law or in equity.
  52. The following provisions shall survive termination of this Agreement: Sections 6-9, 21, 23-24, 27-33, 38-54 and any other provisions that by their meaning are intended to survive termination of this Agreement.
  53. You agree that no joint venture, partnership, employment or agency relationship exists between D&D and you as a result of this Agreement or use of D&D Internet Hosting Services.
  54. The section headings in this Agreement are for convenience only and have no legal or contractual effect.