Concierge Web Hosting Canada offers Clients domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Concierge Web Hosting Canada.

Services are provided on the basis of facility and equipment availability. Concierge Web Hosting Canada reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the web and email servers is terminated upon expiry of the Service.

Details regarding your account can be found in your account control panel login

Concierge Web Hosting Canada is currently offering the following hosting plans (“Current Plans”):

• Business Essential Plan
• Business Plus Plan
• Business Professional Plan
• Business Premium Plan

Hosting plans that are not listed above (“Legacy Plans”) will no longer be offered for new applications or for plan change requests.

All Concierge Web Hosting Canada web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Client has recently setup their account with Concierge Web Hosting Canada. The “Coming Soon” default index web page may be removed by the Client at any time once they have access to the web server. The “Coming Soon” web page may include such things as, but without limitation to, the following:

• Links to additional products and services offered by Concierge Web Hosting Canada.
• Advertisements for products and services offered by third-parties.
• An internet search engine interface.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Concierge Web Hosting Canada error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:

• Links to additional products and services offered by Concierge Web Hosting Canada.
• Advertisements for products and services offered by third-parties.
• An internet search engine interface.

Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through Client Area. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.

All Concierge Web Hosting Canada web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in Client Area. Concierge Web Hosting Canada is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.

Concierge Web Hosting Canada's email service provides customers with the capability to send and receive email via the Internet. Concierge Web Hosting Canada retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Clients and to protect our computer systems.

As an operator of the equipment and other resources utilized to provide services, Concierge Web Hosting Canada has the legal right to block electronic communications from other entities on the Internet.

Concierge Web Hosting Canada’s shared hosting service is designed to meet the typical needs of an average small business or professional business website.

As such, it is important not to use your hosting account in any way that may negatively affect other Concierge Web Hosting Canada clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at Acceptable Use Policy

Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which can be found at Domain Names Terms & Conditions

All Concierge Web Hosting Canada fees and charges are quoted and billed in Canadian dollars unless otherwise noted.

Concierge Web Hosting Canada uses an automated payment processing system and only accepts PayPal payments at this time. All Clients are required to maintain valid payment information on file for the processing of any applicable service fees. Concierge Web Hosting Canada may use PayPal Subscriptions/Recurring Billing for the purpose of processing outstanding payments that are on your account.

Concierge Web Hosting Canada may take any reasonable action to validate your credit and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Services provided to Clients who have listed a Canadian address are subject to applicable taxes.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Invoices for all Concierge Web Hosting Canada services can be found by logging into the Client Area.

Billing inquiries and disputes should be brought to Concierge Web Hosting Canada’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Concierge Web Hosting Canada reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by Concierge Web Hosting Canada are not transferable and are of no cash value.

Concierge Web Hosting Canada reserves the right to modify service fees and rates, effective upon posting on the Concierge Web Hosting Canada website or on this Agreement. Current service charges include the following (non-exclusive list):

Concierge Web Hosting Canada may terminate your Service under the following circumstances (non-exclusive list):

• Non-payment of fees
• You are in breach of any term or condition of this Agreement
• Your use of the Service disrupts Concierge Web Hosting Canada business operations or affects any other party

All Client data is removed from Concierge Web Hosting Canada servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Client page of our website: Client Portal

When submitting your cancellation request, we require the correct Client ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

No Refunds will issued for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:

• If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
• If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal. You will be subject to a CAD$15.00 Refund Processing Fee for this refund.
• If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees. You will be subject to a CAD$15.00 Refund Processing Fee for this refund.

If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse Concierge Web Hosting Canada for the domain name registration when you do any of the following before your hosting plan subscription expires:

• You cancel your hosting plan subscription.
• You change to a hosting plan or term that does not offer a free domain name.
• You transfer the domain name to another domain registrar.

The amount of this fee will vary depending on the domain type and on the registration term.

Only one refund may be issued for each invoice. Concierge Web Hosting Canada reserves the right to grant or deny any refund requests.

Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.

All Clients are required to comply with applicable laws and have certain obligations with respect to their use of Concierge Web Hosting Canada Services.

When you apply to use Concierge Web Hosting Canada services, you will be asked to select a user name and password. The user name and password are the means through which you access certain services.

You acknowledge and agree that it is your responsibility to safeguard the user name and password you select from any unauthorized use.

Thus, if the security of your password has been compromised, for whatever reason, you should immediately change it in accordance with the approach outlined in this Privacy Policy.

IN NO EVENT WILL CONCIERGE WEB HOSTING CANADA BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME AND PASSWORD.

The Hosting space is intended for use in accordance with Concierge Web Hosting Canada’s Acceptable Use Policy http://conciergewebhosting.ca/policies.html, and is limited to Web files, active e-mail and content of the hosted Client Websites, not for storage (whether of media, e-mails, or other data).

Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Concierge Web Hosting Canada expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy.

Concierge Web Hosting Canada may, at its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Client Content for those Client accounts that are found to be in violation of Concierge Web Hosting Canada policies. You hereby agree that Concierge Web Hosting Canada shall have no liability due to any action that Concierge Web Hosting Canada may take, including without limitation suspension or termination of Services in connection with your violation of this Agreement.

You agree that, unless other instructions are posted on Concierge Web Hosting Canada's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Concierge Web Hosting Canada posted on the Concierge Web Hosting Canada website.

All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

The use and installation of RapidSSL Certificates offered by Concierge Web Hosting Canada are subject to the terms and conditions of Symantec Website Security: https://www.websecurity.symantec.com/content/dam/websitesecurity/digitalassets/desktop/pdfs/repository/ssl-subscriber-agreement.pdf The use and installation of COMODO SSL Certificates offered by Concierge Web Hosting Canada are subject to the terms and conditions of COMODO. Following an SSL purchase, a Concierge Web Hosting Canada technician will request a certificate from GeoTrust or Comodo (depending on the certificate) and attempt to complete its installation on your account within 72 hours. Your Web Site may experience several hours of downtime during the SSL installation process. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively with the address https://primarydomain.com, where primarydomain.com will be your domain name on which the SSL certificate installation was requested. SSL Certificates are non-transferable, non-refundable and are not covered by our money-back satisfaction guarantee.

The Concierge Web Hosting Canada’s Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Clients’ personal information. The Concierge Web Hosting Canada Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://conciergewebhosting.ca/policies.html

Emails and newsletters will only be sent directly by Concierge Web Hosting Canada in accordance with Canada's anti-spam legislation. Client information is protected by Canadian privacy legislation, Personal Information Protection and Electronic Documents Act (PIPEDA); and will not be disclosed or sold to any third parties. You may be contacted by Concierge Web Hosting Canada's designated customer service representative for customer experience and service feedback.

Concierge Web Hosting Canada’s reserves the right and sole discretion to:

• Censor any website hosted on its servers that is deemed inappropriate.
• Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
• Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Concierge Web Hosting Canada or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
• Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that Concierge Web Hosting Canada determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
• Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Client agrees that Concierge Web Hosting Canada shall not be responsible or held liable for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

Concierge Web Hosting Canada, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website. Client understands and agrees that Concierge Web Hosting Canada shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Concierge Web Hosting Canada has been advised of the possibility of such damages), resulting from:

• (i) The use or the inability to use the Service;
• (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information, Service, whether purchased or obtained, or messages received or transactions entered into through or from the Service;
• (iii) Unauthorized access to or alteration of your transmissions or data;
• (iv) statements or conduct of any third party of the Service; or
• (v) any other matter relating to the Service.

In no event shall Concierge Web Hosting Canada be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

You agree to indemnify and hold harmless Concierge Web Hosting Canada, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted; and to reimburse Concierge Web Hosting Canada with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services, or filed by a third party against any of the Concierge Web Hosting Canada Parties arising out of or relating to:

• (i) your use of the Services,
• (ii) any breach or violation by you of this Agreement; or
• (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from Concierge Web Hosting Canada's own gross negligence or willful misconduct.

The terms of this section shall survive any termination of this Agreement.

Concierge Web Hosting Canada is not liable for failure to perform its obligations, any default or delay in the performance of any of its obligations under this Agreement; if such default, delay or failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorism, nationalization, government sanction, blockage, embargo, labor dispute, strike, accidents, lockout or interruptions of transportation or communications, supply shortages or failure of electricity, internet or telephone service, the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

The rights and obligations of the parties pursuant to this Agreement are governed exclusively by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.

The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded.

By subscribing to or using any of the Services of Concierge Web Hosting Canada, the subscriber, hereafter referred to as Client, agrees that all disputes, if any, involving Concierge Web Hosting Canada shall be subject exclusively to the jurisdiction of the Provincial and Federal Courts within the province of Ontario; provided, further, that all action brought against Concierge Web Hosting Canada in Provincial Court must occur in the court located in Ottawa, Ontario and, if in Federal Court, in Ottawa, Ontario.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

The services offered through the Concierge Web Hosting Canada Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Concierge Web Hosting Canada Web Site only with the permission and under the supervision of your parents or legal guardian. Concierge Web Hosting Canada also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are a duly authorized representative to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf or you certify that you are a duly authorized representative.

You agree to

• (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data");
• (ii) maintain the confidentiality of your password and other information related to the security of your account;
• (iii) maintain and promptly update the Registration Data and any other information you provide to Concierge Web Hosting Canada, to keep such information accurate, current and complete; and
• (iv) be fully responsible for all use of your account and for any actions that take place through your account.

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

This Agreement, as may be updated from time to time and posted at http://conciergewebhosting.ca/policies.html, including documents incorporated herein by reference, represents the complete agreement and understanding between us with respect to the Service and supersedes all prior discussions, negotiations and agreements; written or oral agreement between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

The names Concierge Web Hosting Canada, Hébergement Web Concierge Canada, Greig Morrison & Company Ltd, and conciergewebhosting.ca, as well as the logos associated with these names are trademarks owned by Greig Morrison & Company Ltd. Any use of these trademarks is strictly prohibited without the prior written consent of Greig Morrison & Company Ltd. In addition, all names and trademarks belonging to third parties and appearing on the Concierge Web Hosting Canada Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Concierge Web Hosting Canada Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2018, Concierge Web Hosting Canada ALL RIGHTS RESERVED. You can view and download the information contained on the Concierge Web Hosting Canada Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Concierge Web Hosting Canada’s prior written consent is prohibited.

If you would like more information about Concierge Web Hosting Canada’s Terms and Conditions, please contact Concierge Web Hosting Canada via our helpdesk. Please contact us with your questions and concerns and we will make our best effort to assist you.

Complaints or policy violations must be reported to admin @ conciergewebhosting.ca or by mail at Concierge Web Hosting Canada, Suite 314, 11-300 Earl Grey Dr., Kanata, Ontario K2T 1C1, CANADA.

If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable under applicable law or by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

This AUP governs the usage of products and services of Concierge Web Hosting Canada or of any third party which are subscribed to or obtained through Concierge Web Hosting Canada (the "Services"). This AUP is incorporated by reference into each contract Concierge Web Hosting Canada or any such third party enters into with a Subscriber for the use of such Services. Concierge Web Hosting Canada may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Concierge Web Hosting Canada so that no person who utilizes the Web site or services of Concierge Web Hosting Canada (regardless of whether that person is a Subscriber) may take any action utilizing the Web site of Concierge Web Hosting Canada that a Subscriber would be prohibited to take utilizing the Services.

The purpose of this AUP is to enhance the quality of the Services and to protect Subscribers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Subscriber. Each Subscriber should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

Concierge Web Hosting Canada uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively the Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Concierge Web Hosting Canada of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber's responsibility to update and secure any programs or scripts available via the cPanel interface. Subscriber's failure to update and secure any programs or scripts available via the cPanel interface may result in Concierge Web Hosting Canada either updating the programs and scripts or suspending your account services until they are updated. Concierge Web Hosting Canada will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Concierge Web Hosting Canada pursuant to the terms of this section.

Concierge Web Hosting Canada reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the Subscriber to ensure that there is a valid email address and current root password for the Subscriber's dedicated server on file to prevent downtime from forced password resets. Concierge Web Hosting Canada reserves the right to audit servers and perform administrative actions as needed. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed and your password is found to be weak, we will notify you to change/update your password.

The uses of Concierge Web Hosting Canada Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of Concierge Web Hosting Canada) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund.

• Spamming

Spamming, whether or not it overloads the Services or disrupts service to Concierge Web Hosting Canada's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Concierge Web Hosting Canada requires that all email messages contain an automated opt out. We do not allow purchased lists. Concierge Web Hosting Canada's Subscribers are required to follow all rules in the Canada's Anti-Spam Legislation (additional information at: http://crtc.gc.ca/eng/internet/anti.htm) as well as our company spam rules. Concierge Web Hosting Canada reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Concierge Web Hosting Canada allows a MAXIMUM of 200 emails per hour to be sent from any individual hosting account.

• Online Pharmacies

No Subscriber may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.

• Prohibited Offerings

No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

• Profanity

Profanity or profane subject matter in the site content and in the domain name are prohibited.

• Private Information and Images

Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).

• Violations of Intellectual Property Rights

Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Concierge Web Hosting Canada is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (please see the Copyright Act of Canada here for more information).

• Misrepresentation of Transmission Information

Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

• Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms, Trojan horses, for pinging, flooding, mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service, equipment) or conduct their business over the Internet.

• Hacking

Cybercrime ("Hacking") and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, fraud and financial crimes, denial of service attacks, identity theft, Phishing scams and other activities designed to assist in computer oriented crime.

• Anonymous Proxies

Concierge Web Hosting Canada does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

• Export Control Violations

The exportation of encryption software outside of the North America and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.

• Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. Concierge Web Hosting Canada is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

• Other Illegal Activities

The use of the Services to engage in any activity that is determined by Concierge Web Hosting Canada, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). Concierge Web Hosting Canada will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

• Obscene, Defamatory, Abusive or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

• Backup Storage

Concierge Web Hosting Canada offers its services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.

• Other Activities

Engaging in any activity that, in Concierge Web Hosting Canada's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Concierge Web Hosting Canada's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Concierge Web Hosting Canada's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Concierge Web Hosting Canada in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

• Dedicated and VPS Hosting

All of the activities listed in this section are also prohibited on Dedicated and VPS Hosting accounts, with the exception of the activities described in the "BACKUP STORAGE" paragraph.

• HIPAA Disclaimer

We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Concierge Web Hosting Canada does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Concierge Web Hosting Canada is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact our Technical Support team.

Concierge Web Hosting Canada offers Clients domain name registration for the duration of the service term purchased from Concierge Web Hosting Canada.

You represent that, to the best of the your knowledge and belief, neither the registration of the Second-level domains (SLD) name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.

As consideration for the services you have selected, you agree to pay the Registrar, applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by completing and submitting this Agreement represent that the statements in your application are true.

You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.

If the registered domain name belongs to the ".info" TLD extension, you also submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP").

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.

You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities.

Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant's name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN's Transfer Policy (available here).

We are required to deny a change of registrant for any of the following reasons:

• the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
• the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
• the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
• Uniform Domain-Name Dispute-Resolution Policy (UDRP)
• Uniform Rapid Suspension (URS)
• Registrar Transfer Dispute Resolution Policy ; or
• a court order.

Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.

You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN's Transfer Policy.

For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Concierge Web Hosting Canada. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Concierge Web Hosting Canada for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Concierge Web Hosting Canada to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information.

Registrar reserves the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

You acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Registrar, and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance from you the customer concerning your promise to indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused service.

You agree to indemnify, defend and hold harmless the Registry Operators, including Afilias limited, Verisign Inc., NeuStar Inc., and Public Interest Registry, and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the domain name registration. You further agree that this indemnification obligation will survive the termination or expiration of the registration agreement.

The person named as registrant contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

As part of the registration process, you are required to provide us certain information and to notify us within seven (7) days of any change as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information (collectively, the "Registration Information"):

• Your name and postal address (or, if different, that of the domain name holder);
• The domain name being registered
• The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name.
• The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through Registrar.

• If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by Registrar as determined in its sole discretion (the "Private WHOIS Contact Information").
• Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
• The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Registrar may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
• Notwithstanding anything to the contrary, you agree that Registrar may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Registrar to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that Registrar is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, Registrar will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Registrar to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you.
• If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
• Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search.
• Registrar expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
• To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
• To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;
• To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;
• In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with Registrar, including, but not limited to, the Terms of Service;
• To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
• To avoid any financial loss or legal liability (civil or criminal) on the part of Registrar, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
• To prevent inappropriate activity that comes to Registrar's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
• Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing your Registration Information and for providing and updating valid and accurate Registration Information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless the Registered Name Holder promptly discloses the identity of the licensee to the party claiming violation or infringement of its rights.

You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and the applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through Registrar

You agree to correct and update the registration information for your registered domain name registration during the registration term for the registered domain name within seven (7) days of any change. Failure by You, to provide accurate and reliable registration information, during the registration term will be considered to be a breach of this agreement.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

If you enable the contact privacy feature for your registered domain name through Registrar or one of its domain registration providers (Provider), you voluntarily assign Provider as the official registrant of the domain name. The Provider in turn grants full use of the domain name back to you, including the right to disable contact privacy.

Pertaining to registration information given during the registration and duration of registration term of a domain using the ".info" tld extension, You also consent to the use, copying, distribution, publication, modification and other processing of registered personal data by Afilias limited (INFO Registry Operator) and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of the INFO Registry-Registrar agreement.

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us at info @ conciergewebhosting.ca or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us, shall be sent to:

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO, CANADA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

You attest that you are of legal age to enter into this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT. GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.

We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

If you would like more information about Concierge Web Hosting Canada's Domain Names Policy, please contact us via our helpdesk. We will make our best efforts to assist you.

Additional registry requirements

Listed below are additional contractual requirements that you, the registrant, must agree to should you desire to register a domain in these registries.

.com, .net, .org, .info, .biz, .name, .mobi and .tv domains must comply with ICANN's terms and regulations:
http://www.icann.org/resources/pages/policy-2012-02-25-en.

• .CA Domains

.CA domains must comply with CIRA's terms and conditions:
http://cira.ca/sites/default/files/attachment/policies/registrationrules.pdf.

.CA registrations require that you confirm your information on the CIRA web site, as per the instructions that will be sent to your administrative email address within 24 hours after the order is placed. Failure to complete this confirmation within the allocated time period will result in a canceled order. In the event of a canceled registration, you may request that WHC re-submit the registration request to CIRA, granting you a 7-day extension to complete the confirmation process. In some cases, the registration will be completed without an additional confirmation process being requested.

.CA registrations are reserved for Canadian residents and businesses. Non-residents may see their registration refused or terminated without prior notice and/or refund. See the complete CIRA terms for details.

Personal information may be withheld from the public WHOIS database by activating the .ca privacy option with CIRA. Please contact CIRA directly for additional information and conditions.

• .FR Domains

.FR domains must comply with AFNIC's terms and conditions:
http://www.afnic.fr/en/resources/reference/registry-policies/.

.FR domain registrations must specify correctly configured Domain Name Servers (DNS) during the order process. .FR domain registrants must also provide a valid address located within the European Union, as well as additional supporting documentation.

• .US Domains

.US domains must comply with NeuStar's terms and conditions:
http://www.about.us/policies

• .EU Domains

.EU domains must comply with EURid's terms and conditions:
http://eurid.eu/d/2800/Terms_and_Conditions_EN.pdf

• .BE Domains

.BE domains must comply with DNS.BE's terms and conditions:
http://www.dnsbelgium.be/en/documents/enduser-terms-and-conditions-be

• .MOBI Domains

.MOBI domains must comply with ICANN's terms and conditions, as well as MOBI's terms and conditions:
http://afilias.info/newtldcontest/terms-conditions

• .ME Domains

.ME domains must comply with .ME's terms and conditions:
http://domain.me/policies/

• .TM Domains

.TM domains must comply with NIC.TM's terms and conditions:
http://www.nic.tm/terms.html.

• .DE Domains

.DE domains must comply with DENIC's terms and conditions:
http://www.denic.de/en/domains/de-domains/domain-terms-and-conditions/.

• .CH Domains

.CH domains must comply with SWITCH's terms and conditions:
http://www.nic.ch/reg/cm/wcm-page/terms/prices.jsp?lid=en