Professional Websites Hosting Terms of Service
8588767 Canada Inc. dba ProfessionalWebsites.biz Terms of Service
Published: 7 January 2016
Last Updated: 13 September 2016
These Terms and Conditions apply to all https://ProfessionalWebsites.biz ("Professional Websites") Internet sites which reference these Terms and Conditions, including without limitation: 4business.ca, businesswebsites.me, forbusiness.ca, freeopensourcehelp.com, mycontrolpanel.me, open4business.ca, open4business.me, professionalwebsites.me, smallbusinesswebsites.me, websites4business.biz, websites4business.ca, websites4business.me, websites4business.org, websites4smallbusiness.ca, websites4smallbusiness.me, websites4smallbusiness.org, websitesforbusiness.ca, websitesforbusiness.info, websitesforbusiness.me, websitesforsmallbusiness.ca, websitesforsmallbusiness.info, websitesforsmallbusiness.org, websitesforsmallbusiness.me (each a "ProfessionalWebsites.biz" site). By using a ProfessionalWebsites.biz Site, or any of the products or services provided by ProfessionalWebsites.biz (collectively the "Services"), you agree, without limitation or qualification, to be bound by these terms and conditions.
- "We" "Us" or "Provider" or “Company” or "Professional Websites" or "ProfessionalWebsites.biz" - 8588767 Canada Inc. D/B/A ProfessionalWebsites.biz.
- "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for service or is a designate of anyone who applies for service.
- "Service" - Any product or service provided by Professional Websites
Professional Websites offers website design, content addition, content creation, web hosting and email services.
This document describes our terms of service, services offered, and what transactions are required for those services. It describes your specific responsibilities that you should be aware of before signing up with Professional Websites, and describes actions that are prohibited.
All Customers of Professional Websites' basic services are subject to the terms and conditions contained in the User Agreement. The User Agreement is a legal contract between Professional Websites and the User that contains the rights, duties and obligations of Professional Websites and the User.
Professional Websites' Usage Policy is designed to protect Professional Websites, its Users, and others from illegal, malicious, damaging and inappropriate behavior by Users of Professional Websites' services. All users of Professional Websites' services are subject to the Usage Policy. The Usage Policy lists activities that are prohibited on Professional Websites' services, such as hacking and spamming.
In our ongoing commitment to providing superior service for our customers, Professional Websites has introduced a new, more vigilant anti-spam policy. We have implemented the following policy as a part of our commitment to reducing spam-related activity.
Procedure for making claims of copyright infringement.
1. ACCEPTANCE OF TERMS OF SERVICE
- As a precondition and requirement to use the services available via ProfessionalWebsites.biz, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Professional Websites dba ProfessionalWebsites.biz, its subsidiaries and affiliates ("Professional Websites"). Each Subscriber is subject to these Terms, and by using Professional Websites' services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Professional Websites. Further, Subscriber represents and warrants all information provided by Subscriber to Professional Websites has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Professional Websites in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through Professional Websites must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
- Professional Websites intends to provide the best possible web hosting service to each of its Subscribers. Professional Websites is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Professional Websites reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Subscribers may view the most current version of these Terms at https://ProfessionalWebsites.biz/hosting-terms/ . Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the ProfessionalWebsites.biz website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
- If Professional Websites makes a significant change to these Terms, as determined in its sole discretion, Professional Websites will post a notice that we have made significant changes to the Terms on the ProfessionalWebsites.biz website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
2. ACCEPTABLE USE POLICY
Under this Agreement, Subscriber shall comply with Professional Websites' then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Professional Websites, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Professional Websites does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the "User Content"). User Content includes content of Subscriber's and/or users of Subscriber's Web site. Accordingly, under this Agreement, Subscriber will be responsible for Subscriber's users content and activities on Subscriber's Web site. Notwithstanding anything to the contrary contained in this Agreement, Professional Websites may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event Professional Websites takes corrective action due to a violation of the AUP, Professional Websites shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that Professional Websites shall have no liability to Subscriber or any of Subscriber's users due to any corrective action that Professional Websites may take (including, without limitation, suspension, termination or disconnection of Services).
3. TERM – PAYMENT – RENEWAL OF ACCOUNT AND DOMAIN
- Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2.7 and 3.1.
- Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.
- Promotional Pricing. Professional Websites may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Professional Websites will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
- Renewal of Hosting Account. As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account Professional Websites will send out a notification of upcoming renewal. Current hosting customers can purchase additional hosting at https://professionalwebsites.biz/product/proweb-series-turnkey-website/.
- Renewal of Domain(s). As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, Professional Websites will send out a notification of upcoming renewal.
Professional Websites managed domain(s)
If you are a “Turnkey Customer” and we are renewing your domain, we automatically take care of the renewal (account must be in good standing for auto-renewal) and are sending the notification for information only. No Action is needed. We will only involve you in the event that you are hosting a premium domain in excess of CDN $20/year. Then we're gonna need some money!
Subscriber managed domain(s)
If self-managed, Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain(s) that the Subscriber will be provided with an account credit representing the cost of their domain renewal up to $20 CND per year. Simply forward a copy of the domain renewal receipt or send us an email with the amount paid and renewal date and we will take care of the rest. Please include “Domain Renew Credit Request” in the subject to make it easy for us to identify and process. A credit should appear on your next statement, depending on the timing it may be the one after that.
Domain Expiration Fees
In the event that a Domain expires, the “Redemption rules” of the particular Domain provider will kick in. Some Domain providers can charge more than $200 as a Domain Redemption fee. Some domain providers will actually let a domain slip for a few days and renew it at the regular rate. This is a fee that is collected on behalf and passed on to the Domain Provider. During the Redemption period, the Domain & (associated email service) will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee (depending on Domain Provider), as well as a Renewal Fee for the current year.
After the “Redemption period” expires your domain will be made available for registration by the general public.
- Charge-backs and Reversals. In the event Subscriber issues a charge-back or reversal of charges without first following the below cancellation procedures, the Subscriber will be responsible for a $25.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.
- Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Professional Websites Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
4. CANCELLATION OF SERVICES – REFUND POLICY.
Professional Websites provides a 30-day, no questions asked, money back guarantee for new hosting account registrations, subject to the following terms and conditions:
Nonrefundable Fees. Fees paid by Subscriber in connection with the purchase of SSL certificates, design services, addon services, content creation services, content addition services, domain privacy and domain names are nonrefundable under these Terms, as are Cheque Refunds of $10.00 or less due to processing fees, unless otherwise stated in the agreement Subscriber entered into with the individual service provider. In the case of a domain name registered on your behalf, while we can not refund the money, we will transfer the domain to your control.
Notice of Cancellation. Subscriber agrees to direct all cancellation requests to Professional Websites via email, firstname.lastname@example.org. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Professional Websites. Subscriber must also confirm to Professional Websites that all emails, files, and databases are preserved and backed up somewhere other than Professional Websites server space. Once confirmed the cancellation can be processed.
5. LICENSE TO PROFESSIONAL WEBSITES.
Professional Websites claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Professional Websites, Subscriber grants to Professional Websites, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Professional Websites' servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Sections 2 and 3 of the User Agreement.
6. PROFESSIONAL WEBSITES AS RESELLER OR LICENSOR.
Professional Websites is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Professional Websites Product"). Examples include but are not limited to Linux Ubuntu Operating System, Apache Webserver, Plesk, MySql, PHP & WordPress. Professional Websites shall not be responsible for any changes in the Services that cause the Non-Professional Websites Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Professional Websites Product either sold, licensed or provided by Professional Websites to User or purchased directly by User used in connection with the Services will not be deemed a breach of Professional Websites' obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Professional Websites Product are limited to those rights extended to User by the manufacturer of such Non-Professional Websites Product. User is entitled to use any Non-Professional Websites Product supplied by Professional Websites only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Professional Websites to User through any Non-Professional Websites Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Professional Websites Product, or any technical data derived therefrom, in violation of any applicable Canadian or foreign law.
7. USAGE POLICIES AND DEFINITIONS
"UNLIMITED" USAGE POLICIES AND DEFINITIONS
“Unlimited” usage policies and definitions apply only to end user web hosting accounts and email services.
What "Unlimited" means. Professional Websites does not set an arbitrary limit or cap on the quantity of resources a single Subscriber can use. In good faith and subject to these Terms, Professional Websites makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and associated increased storage without experiencing any associated increase in hosting charges.
What "Unlimited" DOES NOT mean. Professional Websites employs complex mechanisms to protect its Subscribers and systems from abuse. Professional Websites' offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Professional Websites' hosts Virtual Private Servers in a semi-private hosting environment, which means that multiple Subscriber web sites are hosted on the same server and share server resources. Professional Websites' service is designed to meet the typical needs of small business and home business website Subscribers in the Canada. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. Professional Websites will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms. However, in order to ensure a consistent and quality experience for all Subscribers, Professional Websites does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Professional Websites can evaluate said sites resource needs.
Unlimited Hosting Space; excessive MySQL files. Professional Websites does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Professional Websites charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Professional Websites service is designed to host websites. Professional Websites does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 6500) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL tables (i.e., in excess of 250 database tables) or of database size (i.e., in excess of 75MB total MySQL usage) negatively affect the performance of the server. Professional Websites may request a reduction in the number of files/inodes, database tables, or total database usage to ensure proper performance or may terminate the Subscriber's account, with or without notice.
Unlimited File Transfer. Professional Websites does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Professional Websites charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Professional Websites reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
8. PARKED PAGE SERVICES.
Professional Websites provides Parked Page Services on domains registered through or hosted with Professional Websites. User can opt out of the Parked Page Services at any time by simply replacing the default web page on the parked domain or pointing the DNS away from Professional Websites. By using any of the Parked Pages Services, User agrees that Professional Websites may point the domain name or DNS to one of Professional Websites' or Professional Websites' affiliates web pages, and that they may place advertising on User's web page and that Professional Websites specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages. User agrees to indemnify and hold harmless Professional Websites for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Professional Websites chooses to take to remedy User's improper or illegal use of a Web site hosted by Professional Websites. User agrees it is not entitled to a refund of any fees paid to Professional Websites. If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Professional Websites harmless for damages arising out of such dispute. User also agrees that if Professional Websites is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Professional Websites that Professional Websites, in its sole discretion, may take whatever action Professional Websites deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
9. PROPERTY RIGHTS.
These Terms do not give Subscriber any rights in Professional Websites intellectual property or technology. Professional Websites and related trademarks and logos are the exclusive property of Professional Websites. Professional Websites and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Professional Websites from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
10. DISCLAIMER OF WARRANTY.
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. PROFESSIONAL WEBSITES HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BYPROFESSIONAL WEBSITES OR PROFESSIONAL WEBSITES' REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY.PROFESSIONAL WEBSITES DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT.PROFESSIONAL WEBSITES DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING.PROFESSIONAL WEBSITES DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE ORPROFESSIONAL WEBSITES IN PARTICULAR.
11. LIMITATION OF LIABILITY.
PROFESSIONAL WEBSITES SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL PROFESSIONAL WEBSITES BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT PROFESSIONAL WEBSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.PROFESSIONAL WEBSITES SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. PROFESSIONAL WEBSITES' ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL PROFESSIONAL WEBSITES' LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO PROFESSIONAL WEBSITES FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, PROFESSIONAL WEBSITES' LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You, the Subscriber, agree to defend, indemnify and hold Professional Websites, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Professional Websites' own gross negligence or willful misconduct. Professional Websites reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
Backups. For its own operational efficiencies and purposes, Professional Websites from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Professional Websites SERVERS, AND under no circumstance will Professional Websites be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Professional Websites server. Professional Websites will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.
Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Professional Websites may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Professional Websites does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Professional Websites becomes aware of any violation of these Terms, Professional Websites may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Professional Websites, and/or removing non-complying information. In addition, Professional Websites may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Professional Websites reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Professional Websites may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Professional Websites or others from harm, and/or to ensure the proper operation of the Services. ProfessionalWebsites.biz has no obligation to notify any person, including the Subscriber about whom information is sought, that Professional Websites has provided the information.
Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Professional Websites in order to avoid termination of Subscriber's Professional Websites account(s).
Duty to Notify Professional Websites of Breach. If Subscriber discovers anyone on the Professional Websites system violating any of these Terms or notices anything suspicious from the Professional Websites network, Subscriber agrees to report the violation or suspicious activity to abuse@ProfessionalWebsites.biz for investigation. Professional Websites reserves the right to and will immediately terminate any account which Professional Websites concludes to be in violation of any of these Terms.
Reservation of Rights. At its sole discretion, Professional Websites reserves the right to refuse, cancel or suspend service to any prospective Subscriber or existing Subscriber for any reason at any time with or without notice during Subscriber's hosting term with Professional Websites. Any files hosted by Professional Websites when the service has been cancelled will be provided to the user upon request. Exceptions to this are including but not limited to works that are part of projects engaged by the user where payment in full has not been received or as part of any ongoing investigation by law enforcement.
Severability. These Terms are binding upon Professional Websites, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
Governing Law. These Terms shall be governed by the laws of the Province of Ontario without reference to conflict of law principles. 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 Professional Websites, Subscriber agrees that all disputes, if any, involving Professional Websites 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 Professional Websites in Provincial or Federal Court must be brought in the Regional Municipality of Ottawa-Carleton. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Professional Websites. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Ottawa's long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Professional Websites outside the Province of Ontario; and, that Subscriber, if involved before a court in a lawsuit outside of the Province of Ontario, shall be deemed to support and to stipulate to a motion made by Professional Websites to dismiss said lawsuit with respect to Professional Websites.
14. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
- Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
- Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Professional Websites.
- Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Professional Websites, regardless of where said individual is located.
- Country-Code Top Level Domain Names for any Sanctioned Countries are hereby prohibited from use in connection with any service of Professional Websites.
- Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx ; and, https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx , as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
- Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Professional Websites.
- Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx ; and, https://www.treasury.gov/resourcecenter/sanctions/SDN-List/Pages/default.aspx , as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
- Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Professional Websites.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO PROFESSIONAL WEBSITES SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR PROFESSIONAL WEBSITES ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
- General Information. As used herein, the term "Subscriber" or "Subscribers" shall include any and all users, customers, subscribers, affiliates (including without limitation customers or non-customers to whom Professional Websites provides links or banners to promote the services or products of Professional Websites or any third party the services or products of which are offered by or obtained through or in connection with Professional Websites), resellers or others (i) who sign up for, use or obtain services or products from Professional Websites or from any third party services or products of which are offered by or obtained through or in connection with Professional Websites, or (ii) who visit the Web site of Professional Websites Web Hosting or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, ProfessionalWebsites.biz, ("Professional Websites") offers Subscribers, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Professional Websites respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Professional Websites reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Professional Websites has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber's respective service agreement and is intended as a guide to the Subscriber's rights and obligations when utilizing Professional Websites' services. This AUP will be revised from time to time. A Subscriber's use of Professional Websites' services after changes to the AUP are posted at Professional Websites ProfessionalWebsites.biz/hosting-terms/, will constitute the Subscriber's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers or others obtain information through the Internet, they must keep in mind that Professional Websites cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Professional Websites cannot monitor or censor the Internet, and will not attempt to do so, Professional Websites cannot and does not accept any responsibility for injury to its Subscribers or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Subscribers or others disseminate information through the Internet, they also must keep in mind that Professional Websites does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Subscribers or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Professional Websites' network and may reach a large number of people, including both Subscribers and subscribers and non-subscribers of Professional Websites, Subscribers' postings to the Internet may affect others and may harm Professional Websites' goodwill, business reputation, and operations. For these reasons, Subscribers violate Professional Websites policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
- Scope. This AUP governs the usage of products and services of Professional Websites or of any third party which are subscribed to or obtained through Professional Websites (the "Services"). This AUP is incorporated by reference into each contract Professional Websites or any such third party enters into with a Subscriber for the use of such Services. Professional Websites 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 Professional Websites Web Hosting so that no person who utilizes the Web site or services of Professional Websites Web Hosting (regardless of whether that person is a Subscriber) may take any action utilizing the Web site of Professional Websites Web Hosting that a Subscriber would be prohibited to take utilizing the Services.
- Purpose. 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.
- Site Security and Updates. Professional Websites uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively 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 Professional Websites 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. Subscriber's failure to update and secure any programs or scripts available may result in Professional Websites either updating the programs and scripts or suspending your account services until they are updated. Professional Websites 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 Professional Websites pursuant to the terms of this section.
- Prohibited Uses. The uses of Professional Websites 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 Professional Websites) 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 Professional Websites' 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. Professional Websites requires that all email messages contain an automated opt out. We do not allow purchased lists. Professional Websites' Subscribers are required to follow all rules in Canada's law on SPAM and other electronic threats (additional information at: http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html) as well as our company spam rules and any spam rules from any source, destination or intermediate country. Professional Websites 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, Professional Websites allows a MAXIMUM of 60 emails per hour to be sent from any individual website.
- 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. Professional Websites 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 Claims Policy 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 or Trojan horses, or for pinging, flooding or 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 or equipment) or conduct their business over the Internet.
- Hacking. "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, and other activities designed to assist in hacking.
- Anonymous Proxies. Professional Websites 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 Canada and/or violations of Canadian 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 Canada without complying with all applicable statues, codes, ordinances, regulations, and rules imposed by Canadian federal, provincial, or local law, or by any other applicable law.
- Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Professional Websites 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 Professional Websites, 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. Professional Websites 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. Professional Websites 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 Professional Websites' sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Professional Websites' business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Professional Websites' 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 Professional Websites 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.
- PHIPA Disclaimer. We are not "PHIPA compliant." Users are solely responsible for any applicable compliance with federal and provincial 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. Professional Websites 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 Personal Health Information Protection Act ("PHIPA"). Customers requiring secure storage of "protected health information" under PHIPA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under PHIPA 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 Professional Websites is not a Business Associate or subcontractor or agent of yours pursuant to PHIPA. If you have questions about the security of your data, please contact our Technical Support team at support@ProfessionalWebsites.biz. More information on PHIPA can be found at https://en.wikipedia.org/wiki/Personal_Health_Information_Protection_Act
Professional Websites maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with Canada's law on SPAM and other electronic threats.
It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the Canada's law on SPAM and other electronic threats in the following links
- You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
- Use or contain invalid or forged headers
- Use or contain invalid or non-existent domain names
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
- Use other means of deceptive addressing
- Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
- Contain false or misleading information in the subject line or otherwise contain false or misleading content
- Fail to comply with additional technical standards described below
- Otherwise violate Professional Websites' User Agreement, AUP and other Terms of Service
- Professional Websites does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Professional Websites does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are Professional Websites' confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
- Professional Websites does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Professional Websites product or service.
- We monitor for SPAM all traffic to and from our servers. Customers suspected of using Professional Websites' products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Professional Websites' policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
- Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Professional Websites may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
- Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
- Subscribers are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
- It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Professional Websites systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Professional Websites is prohibited.
- If Professional Websites believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Professional Websites may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
- Professional Websites reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Professional Websites' sole judgment, which could disrupt Professional Websites' business operations, Professional Websites reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
- To report an incidence of SPAM, please send an e-mail to tos@ProfessionalWebsites.biz.
- Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Professional Websites' rights.
- Unauthorized use of Professional Websites' network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other provincial, state and federal laws.
This privacy notice discloses the privacy practices for http://ProfessionalWebsites.biz/ . This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
1. Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
2. Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.3. Security
We take precautions to protect your information. The first precaution we take is limiting the sensitive information we collect to begin with. Other than a description of the problem you are trying to solve we only request your name, email address. You can also provide us with your phone number if you find that more convenient. We treat all your personal information the same way - we will not provide your personal information to anyone ever without your consent.
4. Commitment. The Professional Websites commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, Professional Websites will take commercially reasonable steps to ensure your right to privacy. Professional Websites is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
5. Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Professional Websites, subject to specific confidentiality agreements, Professional Websites will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
- Professional Websites will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise Professional Websites' legal rights or defend against legal claims.
- Professional Websites will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Professional Websites ("Professional Websites") system or Web site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided solely for notifying Professional Websites that your copyrighted material may have been infringed.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
ATTN: Legal Department
1363 #33017 Woodroffe Avenue
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA POSTAL MAIL. DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA POSTAL MAIL), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page with description of items on that page claimed to be infringing).
- Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
- Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
- Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Upon receipt of notification of a claimed infringement, Professional Websites will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, Professional Websites will terminate the alleged infringer's Internet access.
Professional Websites will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material (see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from Professional Websites that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
- It must be a written communication;
- It must be sent to the Service Provider's Designated Agent;
- It must include the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, Professional Websites will:
- Promptly provide the Complaining Party with a copy of the Counter Notification
- Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
- Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
CAUTION: Pursuant to Section 27 of the Canadian Copyright Act (R.S.C., 1985, c. C-42), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.