Terms of Service

As a precondition and requirement to use the services available via Agency Dominion Inc., 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 Agency Dominion Inc., its subsidiaries and affiliates (“Agency Dominion”). Each Subscriber is subject to these Terms, and by using Agency Dominion’s 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 these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Agency Dominion. Further, Subscriber represents and warrants all information provided by Subscriber to Agency Dominion. has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Agency Dominion 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 Agency Dominion 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.

Agency Dominion intends to provide the best possible web hosting service to each of its Subscribers. Agency Dominion 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, Agency Dominion 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.

ACCEPTABLE USE POLICY

(1) RESTRICTIONS ON USE

(a) You agree to use the Service for lawful purposes only. The laws of the province of Ontario, and Canada apply to this Agreement and your use of the Service. In the interest of maintaining a functional, high-class, professional service, we have a few other conditions for users of our Service. While some of these conditions may seem harsh, please understand that they are necessary given the ever-evolving nature of the World Wide Web. Some of our competitors may not require their customers to comply with such conditions, and if any of our existing or potential customers are unwilling or unable to comply with these conditions, we get it, and we respectfully invite them to seek service elsewhere.
(b) The following represents a partial listing of activities that are prohibited when using the Service, any one of which has the potential to result in account or service suspension or closure without prior or further notice. Without limitation and in no particular order, the Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:
1. Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, hateful or that violates any section of this Agreement;
2. Any Content or website that contains private or confidential information, including, but not limited to, your or any other person’s or party’s credit card information, social security number or other national identity number, non-public telephone number, address or email address;
3. Any Content or website that, in our judgment, is child pornography, child erotica, indecently depicts children, or, that poses any harm or potential harm to any child;
4. Any Content or website that contains material that, in our judgment, is pornographic, sexually explicit, obscene or violent in nature;
5. Any Content or website that is designed or used to hack or break into remote systems;
6. Any Content or website that is setup to function as an open http proxy;
7. Any Content or website that is designed or used to commit or facilitate any “phishing” attack;
8. Any Content or website that contains any malware, including, but not limited to, software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;
9. Unsolicited or bulk email (SPAM), including, but not limited to, using the Service’s SMTP service or mail script to send out SPAM over our networks or other systems with a message referencing their website. SPAM is defined in paragraph (C)(3)(c). Our definition of SPAM is different than the CAN-SPAM Act, please read it;
10. “Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);
11. Any Content or website that is, in our judgment, designed to function as a farming bitcoin, bitorrenting, pirated software website or illegal or unlicensed software or ‘warez’ website;
12. Any Content or website that is, in our judgment, designed to function as a “Tor relay” service or website;
13. Any Content or website that contains URL shortener validation software;
14. Any Content or website that contains or facilitate access to any material that is prohibited by Agency Dominion.
15. Any Content or website that contains content that infringes on any right of any person or party, including, but not limited to a person’s or party’s right to privacy or intellectual property rights;
16. Any Content or website that, in our judgment, is designed or used to exploit, extract or otherwise gather any content or information from any Agency Dominion database, including, but not limited to, incorporating data from any Agency Dominion database into any email or “white-pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
17. Any Content or website that, in our judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communications devices or resources, or any other systems, communications devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission);
1. Any Content or website that, in our judgment, is designed for, used to, operated as, or for purposes of topsites; IRC scripts/bots; IRCD (irc servers); proxy scripts/anonymizers; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP scanners; bruteforce programs/scripts/applications; mail bombers/spam scripts; banner-ad services (commercial banner ad rotation); file dump/Mirror scripts (similar to rapidshare); commercial audio streaming (more than one or two streams); escrow/bank debentures or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g. FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); sale of any controlled substance without prior proof of appropriate permits; prime banks programs; lottery/gambling sites; MUDs/RPGs/PBBGs; hacker focused sites/archives/programs; fraudulent sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com); push button mail scripts; broadcast or streaming of live sporting events (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); “tell a friend scripts”; anonymous or bulk SMS gateways; websites advertised via SPAM (“Spamvertised”); organization, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc); or mailer pro.

(2) PASSWORDS

(a) If you don’t keep your password safe, you might just get hacked. Don’t say we didn’t warn you. Notwithstanding any of the terms of this Agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access the (AD) Account, the Service and the Peripherals. Any and all activity that occur under your username and password will be considered done by you and you bear sole responsibility for that activity. Agency Dominion shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, the (AD) Account, the Service or the Peripherals, whether due to your own negligence or for any other reason. As a rule-of-thumb, it’s best that you change all of your passwords periodically and at any time you think that the (AD) Account, the Service, any of the Peripherals or any of your other usernames or passwords have become compromised.
(b) Passwords like “password1″and “love4god” are too common and are pretty easy to figure out. You are required to and solely responsible for employing industry standard best security practices, such as using secure passwords. If you use an unsecure password, the (AD) Account, the Service and/or the Peripherals are likely to be hacked or otherwise compromised, and you will be solely liable in any such case. Audits may be done to check for weak passwords. However, in no event should you rely on the performance of any possible audit by Agency Dominon. If an audit is performed, and it is determined that your password is weak, your (AD) Account may be suspended or you may be given time to update your password to a more secure password.
(c) We may be able to help you recover is your AccountCenter password. In the event that you forget your AccountCenter password, there are two methods you may use to recover it. You may either use the “Forgot your password?” link at the login page on the login page of our Website, or complete the Profile Update Form found here. If you use the “Forgot your password?” link, we will send a password reset link to the primary email address we have on file for you. Be advised, before we send the password reset link, you’ll be required to provide us with the primary domain on the (AD) Account and the primary email address we have on file for you. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address, domain or both, your only recourse for recovering your password will be to submit the Profile Update Form along with a copy of your valid government-issued photo identification. If your submission is incomplete, illegible or if you provide documentation that is expired or which we have reasonable suspicion to believe is a forgery, we may, in our sole discretion, reject your request, require additional documentation, or block all access to the (AD) Account or the Service.

(3) ADDITIONAL USAGE RESTRICTIONS

(a) Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement, or any law to which Agency Dominion is subject, to any degree, may be removed from our servers (or otherwise disabled), in our sole discretion, with or without notice and without obligation. The (AD) Account may also be suspended or closed in any such case.
(b) You agree to use the Service in a manner that does not interfere with or otherwise disrupt service to other Agency Dominion customers nor any of our systems. Agency Dominion reserves the right to suspend or close the (AD) Account, without prior notice, if, in our judgment, such interference or disruption is determined by Agency Dominion to exist. Some examples of such interference or disruption include, but are not limited to, some of the items listed in Section (C)(1)(b) and any Customer action that has caused Agency Dominion mail servers or any of our IP ranges to be placed on any “black hole” list or any other mail filtering software systems used by companies on the internet.
(c) For our purposes, simply put, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. To be clear, we don’t allow spamming on any Service on our systems. To that end, please be advised that the following limits apply to the number of emails that can be sent through any (gs) Grid-Service: 50 emails per minute/500 emails per hour. An excess of these limits is a breach of this Agreement and the (AD) Account is subject to suspension or closure, without prior notice.
(d) You are not permitted to use the (gs) Grid-Service as a remote storage server only.
(e) Agency Dominion does not permit excessive hosting service striping (“excessive striping”). For our purposes, excessive striping describes the condition where a customer attempts to use two or more Service, stored with duplicate Content, in order to collect an excessive allocation of overall bandwidth, disk space, GPUs, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive striping condition may also be achieved by closing Service before their resource limits are reached then opening a new Service with nearly identical Content to use its bundled resources. Content and resource striping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in a service suspension or closure of the (AD) Account, without prior notice.
(f) You are not permitted to knowingly allow any other website or hosting server to link to Content stored on Agency Dominion’s systems. At least 75% of any Content stored on Agency Dominion’s systems must have associated HTML, PHP or similar files at the Service linking to the Content stored on that Service.
(g) Agency Dominion will remain the sole owner of all IP network addresses within Agency Dominion’s network. You are not permitted to modify any TCP/IP configuration that will conflict with, or otherwise disrupt network service, by using configurations not allocated to you by Agency Dominion. We will use our best efforts to maintain permanency of any allocated IP address, however Agency Dominion reserves the right to change your underlying IP network address for any reason (including, but not limited to, for upgrades, security provisioning, or other network migration service), or for no reason at all, without notice. Any request for allocation of additional IP address(es) may be subject to justification. Justification requirements are subject to change. We reserve the right to reject any request for an additional IP address(es) based on insufficient justification or current IP address utilization.
(h) If we detect repeated failed login attempts, we may, without obligation of any kind, ban network access from the source of those failed attempts, and you’ll have to contact us to fix it.
1. Parallels® Plesk Panel and cPanel®. Your use of Plesk and cPanel requires acceptance of Plesk’s End User License Agreement, and cPanel’s End User License Agreement, which are hereby incorporated by reference.
2. You may not use the Service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance or merit (or lack thereof). Agency Dominion reserves the right, in its sole discretion, to close any (AD) Account for which Agency Dominion receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.

BILLING

(1) GENERAL BILLING

(a) We offer 2 billing term options (each a “Billing Term”): Monthly Subscription (Credit Card Only), Annual Subscription (Invoice Based / 1-year prepaid). Our default billing term is Annual Subscription.

If you opt for annual billing terms, generally, we will bill you the base fee for the Service once per year in advance of your services. You may request to change the billing term for a hosting Service from annual to monthly (and vice versa) by sending us a request. Your request must explicitly include all the following: (i) the desired new Billing Term; (ii) the Service to be affected by the billing term change; (iii) the desired effective date of the change; and (iv) your acknowledgement that there may be a change in the renewal fees due for the hosting Service as a result of the change. (v) Monthly subscription options may be higher cost than annual.

(b) If, in our judgment, your purchase constitutes a high risk transaction (e.g. exceeds a certain monthly or annual cost threshold), we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

(c) All fees payable in advance of the applicable term, and are due immediately upon receipt. The day you purchase a Service serves as that Service’s official anniversary day, and your billing date (“Billing Date”). As an example, if you purchased a Service on January 1, 2011, depending on the billing term you selected, your Billing Date would either occur on January 1st of each year or on the 1st day of each month. The Billing Date for a Service cannot be changed and will remain the same for as long as the Service is kept open. Because a Service’s Billing Date is specific to that Service, it is possible for a single (AD) Account to have Service with different Billing Dates.

(d) All monies are payable to Agency Dominion in U.S. dollars (“USD”). In our sole discretion, we may entirely reject or convert into USD any payment we receive that is not USD. In any event where we choose not to reject the payment, and instead to convert the payment into USD, such payment will be converted into USD using the exchange rate in effect at the time of the conversion used by our payment processor.

(e) Agency Dominion accepts the following methods of payment (each, a “Payment Method”): Visa, MasterCard, wire transfer, check and money order. The Payment Method you first specify will be set as the Payment Method for the (AD) Account until and unless you change it. You may change the Payment Method on the (AD) Account by contacting Agency Dominion. We will not honor any limiting, modifying or conditional notation you make on or with your Payment Method.

(f) You are solely responsible for ensuring that the Payment Method on file for the (AD) Account is up-to-date at all times and that the (Ad) Account balance is kept current. If the Payment Method for the (AD) Account is credit or debit card, Agency Dominion and/or our payment processor may store the credit or debit card in a database for future renewals. If the Payment Method for the (AD) Account is credit or debit card, we may automatically attempt to collect payment from such Payment Method without prior or further notice whenever a balance comes due on the (AD) Account.

(g) If the Payment Method for the (AD) Account is wire transfer, check, or money order, you must manually send payment to Agency Dominion prior to any payment becoming due. Please allow at least 5-7 business days from the time we receive your check or money order payment for the payment to be applied to the (AD) Account. Because of the manual nature of wire transfer, check and money order payments, please note that you will need to send such payment well in advance of the Billing Date to avoid interruption of the Service or closure for nonpayment. If you contact us in writing and request that we remove your credit or debit card, and we so act, and then you fail to manually pay for the renewal of your Service using wire transfer, check, money order or some other credit or debit card prior to any Billing Date, you may experience an interruption or loss of Service as a result. Agency Dominion is not liable to you or any third party as a result of any such interruption of or loss of Service.

(h) If payment is not readily available on the Payment Method on file for the (AD) Account (i.e. our attempt to collect payment from the credit or debit card is declined by the bank or financial institution), in our sole discretion, we may continue to attempt to obtain payment from your Payment Method without prior or further notice. If, during our attempts, any of the Services in the (AD) Account lapses into a past due status as a result of any inability to collect payment from your Payment Method, that entire (AD) Account may be suspended or closed for nonpayment. In no event shall Agency Dominion be held liable for any action we may take against you (such as suspending or closing your (AD) Account and deleting your Content) as a result of our inability to collect payment from your Payment Method. Any Communications we may send you concerning our inability to collect payment from your Payment Method are sent completely as a courtesy, without obligation of any kind. Accordingly, you are encouraged NOT to rely on such Communications, and any such reliance shall be at your own risk. We are unable to retrieve information about your bank account or the precise reason for your bank’s rejection/decline of any transaction.

(i) The (AD) Account is considered past due if Agency Dominion does not receive payment within 60 days of the Billing Date of any Service. The (AD) Account may be suspended, without prior notice, if the (AD) Account remains past due beyond 60 days from the Billing Date. To reinstate the (AD) Account, full payment of any past due balance must be received by Agency Dominion. If full payment of any past due balance is not received within 60 days of any Billing Date, the (AD) Account may be closed for nonpayment without further notice.

(j) Billing statements become available on a Service’s Billing Date. Billing statements are not available prior to a Service’s Billing Date. Agency Dominion may email a copy of the billing statement to at least the Account Owner. To request that we deliver your billing statement via postal mail, please send us a request.

(k) In the event a billing dispute arises, either brought by you or by Agency Dominion, the dispute must be given in writing to the other party within 30 days of the disputed transaction occurring.

(l) Should we receive a request to remove a Payment Method from the (AD) Account, from a person or party who is not the Account Owner or an Account Contact, upon receiving sufficient documentation confirming that the person making the request is the cardholder, we may, with immediate effect and without prior notice, remove the Payment Method and refund some or all unauthorized charges collected from the Payment Method on behalf of the (AD) Account. Refunds issued in connection with such a request will result in the (AD) Account immediately becoming past due (as any refunded amounts will trigger reassessment of the original charges). To avoid an interruption of the Service, you must remit payment of the past due balance and any related fees within 72 hours of our notice to you concerning the matter. If you don’t, the (AD) Account will be suspended or closed for nonpayment.

AUTO-RENEWAL

UNLESS OTHERWISE NOTED, AGENCY DOMINION SERVICES AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE. THE ONLY WAY TO DISABLE THIS AUTO-RENEWAL IS TO CANCEL THE SERVICE IN THE ACCOUNT CENTER.

(2) CREDITS AND REFUNDS

(a) Setup fees, domain name registration and renewal fees, domain name redemption fees, handling fees, the cost of service add-ons, overage fees, and any Agency Dominion assessed penalty fees (e.g. chargeback fees, returned check fees) are completely NON-REFUNDABLE. No refund will be issued for any (AD) Account closed pursuant to Section (F)(2)(a) of this Agreement.

(b) Credit issued to the (AD) Account (“in-store credit”) by Agency Dominion is not redeemable for cash and may not be transferred. Any amount of in-store credit that you do not use will remain on the (AD) Account for 2 years or until the Account is closed. The issuance of in-store credit is solely within Agency Dominion’’s discretion and is not available at Customer request.

(c) Agency Dominion may, in its sole discretion, issue the refund either (i) in the form of an in-store credit; (ii) via check. Agency Dominion also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the payment provider, payment processor or individual issuing bank associated with your Payment Method.

(d) If we issue a refund to your bank account, or debit/credit card, it could take as much as a full billing cycle for the refund to show up in your account. The issuance of check refunds is solely within Agency Dominion’s discretion and is not available at Customer request.

(e) No credits or refunds will be issued for non-usage of the Service, cancellation of month-to-month Service after the Billing Date.

(f) A prorated credit may be issued for annually billed Service upon closure of the Service by you. Annually billed Service will be issued a credit, on the basis of 12-months service.

(g) If you cancel the (AD) Hosting services within the first 30 days of purchase (the “eligibility period”), you will receive a refund. This is the only cash refund (AD) offers, and it’s only for these products. Accounts closed for breach of this Agreement are ineligible for refund of any fees, even if the account is closed during the eligibility period.

DATA CENTER SPECS

Agency Dominion leverages a 3rd party (Media Template MT) data center for hosting.
As per MT; Your data is safe with (mt). All hosting servers are under our direct control at all times in our secure, state-of-the-art East and West Coast data centers. Both centers are certified Tier 3+, meaning at least 99.999% network uptime guaranteed. They’re also connected to each other directly by a redundant, low-latency private fiber connection, and staffed 24/7/365 with HP-certified technicians and armed security. So there’s no safer place to keep your valuable data.
For further details on location and technical specifications please visit: http://mediatemple.net/company/about-us/technology/

DISCLAIMERS

(1) DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

(a) The Service is provided “as is” and our exposure to you is limited.
AGENCY DOMINION SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER AND PROVIDER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY PROVIDER IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.
AGENCY DOMINION’S SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AGENCY DOMINION SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL AGENCY DOMINION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF AGENCY DOMINION’S SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF AGENCY DOMINION’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AGENCY DOMINION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE WEB HOSTING SERVICE, THE USE OF WEB HOSTING SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO AGENCY DOMINION’S WEB HOSTING SERVICE SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND AGENCY DOMINION, EVENTS BEYOND AGENCY DOMINION’S REASONABLE CONTROL, THE NON-RECOGNITION OF THE AGENCY DOMINION WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR WEB HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
IN NO EVENT SHALL AGENCY DOMINION’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO AGENCY DOMINION FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AGENCY DOMINION’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

(2) AVAILABILITY OF SERVICE

(a) You understand and agree that interruptions of Service may occur due to scheduled or emergency maintenance, updates and repair by Agency Dominion, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Agency Dominion’s control, as defined by standard practices in the industry. From time-to-time, it may become necessary for Agency Dominion to stop, reboot, disable, reconfigure, re-route or otherwise interrupt the Service for indeterminate and unpredictable lengths of time. You agree that under no circumstances will Agency Dominion be held liable for any financial or other damages due to such interruptions. In no event shall Agency Dominion be liable to you or any other person or party for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
(b) Agency Dominion reserves the right to reset the password used to access a Service and (AD) Account, if, in our judgment, the current password is unsecure or not current. We may also reset the password used to access a Service or (AD) Account in connection with any security audit required by our data centers or any other third party with whom we contract to provide the Service.
(c) In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in adherence to any new governmental regulations or policies that may arise, either domestically or internationally.
(d) We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to refuse access to the Service to anyone, at anytime, for any reason or no reason.
(e) From time to time, it may be necessary for us to update certain software, applications and/or the Service without prior notice. An example of a needed update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected following the update. In most all cases, we are unable to rollback or otherwise reverse the update. You are solely responsible for adjusting your Content and website(s) to and ensuring compatibility with the updated version and you agree that Agency Dominion shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our update to certain software, applications and/or the Service.

(3) INDEMNIFICATION

(a) Customer agrees to defend, indemnify and hold Agency Dominion and its affiliates, directors, officers, agents and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Agency Dominion arising from or due to any claim, action, dispute or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content onto Agency Dominion’s servers. Such liabilities may include, but are not limited to: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers), (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography, (e) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (f) any other damage arising from your equipment, your business, or your use of the Service.
(b) Agency Dominion agrees to indemnify, defend and hold harmless Customer and its affiliates, directors, officers, agents and employees (collectively, the “Customer Group”) from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Customer Group arising from or due to any claim, action, dispute or demand (or any member thereof) to the extent arising from (i) any personal injury, death or physical damage to, or loss or theft of, tangible personal property caused by the gross negligence or willful misconduct of Agency Dominion or its employees, agents or subcontractors, or (ii) infringement of any U.S. or Canadian patent, copyright or other proprietary right resulting from Customer’s use of intellectual property solely developed or wholly owned by Agency Dominion and used to provide the Service; provided, however, that, in addition to the foregoing indemnification, Agency Dominion’s sole and exclusive liability with respect to this Section (K)(3)(b), and Customer’s sole and exclusive remedy with respect to this Section (K)(3)(b), is limited to Agency Dominion making the Service non-infringing or arranging for Customer’s continued use of the Service by license or otherwise, but if either of the foregoing options are commercially impracticable for Agency Dominion, in Agency Dominion’s sole discretion, upon written notice to Customer, Agency Dominion may cancel the directly affected Service, refund to Customer any prepaid fees for such cancelled Service and, if applicable, adjust Customer’s ongoing monthly fees for the continuing Service to account for such cancelled Service. Notwithstanding anything to the contrary in this Section (K)(3)(b), Agency Dominion will have no indemnification obligation to Customer under this Section (K)(3)(b) for any infringement arising from (A) an unauthorized modification of the Service by Customer, (B) Customer’s combination of the Service with any intellectual property not developed or owned by Agency Dominion if the Service would have avoided the infringement but for such combination by Customer, or (C) Customer’s failure to install updates, patches or other similar items provided by Agency Dominion or the licensor of the intellectual property that is the subject of such a claim.

(4) FORCE MAJEURE

(a) Agency Dominion shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Support

Extraordinarily good customer support is probably why you choose to host with (AD) Agency Dominion in the first place. And, we can’t thank you enough for making that choice. We take great pride in the passion, professionalism, and personality our team shares with you when you need support.
As we add new features and services for you, and as you add new third-party applications and software, it’s important that we let you know what’s included in our hosting product support and what’s not. As always, if you have questions or need support you can call, or email. and we will be there to help 24 hours a day, seven days a week, 365 days a year (unless, of course, it’s a leap year then it will be 366 days, but you knew that already because you are smart).

(1) CHANNELS OF SUPPORT

We offer a variety of channels through which you can reach us for support to help you utilize the Service. Currently, we may be reached through the following channels (“Channels of Support”): telephone, or email. Response times may vary. All inquiries are handled in the order in which they were received. Agency Dominion does not guarantee the availability or accessibility of all of the Channels of Support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.
Supported:

Installation
We ensure the installation of a Premium WordPress instance is on a physical server with an associated IP address that is responsive and accessible from major Internet carriers.

Hardware
We monitor and maintain all aspects of the server hardware. If a hardware failure occurs, we will effect a repair in a timely manner.

Monitoring & maintaining network uptime
(AD) Agency Dominion is responsible for the bandwidth and networking equipment under (AD) Agency Dominion’s or our partner’s control. Important Note: This support does not extend to the public internet.

Software versions
Security releases and version updates of WordPress take place automatically. We will ensure that our software is secure and free of exploits and vulnerabilities, and we will determine the appropriate versions of software needed for a secure, stable environment. A global provisioning standard requires stability, and therefore the software versions we deploy on your WordPress Premium Hosting service may not always be the latest. This includes WordPress Core.

Operation of standard services
We will monitor and ensure that email, web services, SSH/SFTP, and the AccountCenter and WordPress Admin panel are all functioning and accessible.

WordPress Core
We will ensure that the WordPress Core software is secure and free of exploits and vulnerabilities, and we will determine the appropriate WordPress version needed for a secure, stable environment.

Data Backup
We support the backup utility provided with the WordPress Premium hosting service and the accessibility of the backups it creates.

WordPress Admin Panel Assistance
Upon request we will provide assistance, and guidance for the WordPress admin panel.
Bugs and Feature Requests
We will relay confirmed WordPress bug reports to the WordPress Core Trac. At your request we will also relay any feature requests to be considered for future releases.

Webmail Client

(AD) Agency Dominion will support the operation, and accessibility of the webmail client provided with the WordPress Premium Hosting product.

SSL Certificates
We offer installation and full support for GeoTrust QuickSSL certificates that are purchased through (AD).
Unsupported:

Internet Training

We do not provide training or education on the operation of any aspect of Internet technology. It is expected that you will have a basic understanding of Internet concepts such as DNS, email, web, web browsers, FTP, and general computer literacy.

MISCELLANEOUS

(1) END OF LIFE POLICY

(a) We reserve the right to cease offering or providing the Service at anytime, for any reason or no reason, and without prior notice. Notwithstanding the foregoing, although Agency Dominion makes great effort to maximize the lifespan of all its software and hardware, due to the ever evolving landscape of technology, there are times when a product or service we offer will be discontinued or reach its End-of-Life (“EOL”). In the event that a product or service has reached EOL, that product or service will no longer be supported by Agency Dominion, in any way, effective on the EOL date. You are responsible for monitoring the “life status” of any Peripherals you may be using with or otherwise alongside the Service. You are solely responsible for preparing for and adjusting to the EOL of any Peripherals you may be using with the Service (including, but not limited to, updating, removing or replacing any products or services that have reached EOL). Agency Dominion shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the products and services we may offer or facilitate access to.
(b) In the event that any product or service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the product or service by migrating to a new product or service before the EOL date, or by entirely ceasing reliance on said product or service before the EOL date. Should you fail to so act, we may, with or without notice, migrate you to the most up-to-date version of the product or service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

(2) THIRD PARTY PROVIDERS

(a) Agency Dominion may subcontract the performance of certain services to third parties, and your use of the third party provided products and services shall be governed by any applicable license agreement, if any, with such third party and the third party’s terms and conditions. Agency Dominion makes no representations or warranties, and shall not be liable for, the quality, availability, timeliness, accuracy or completeness (or lack thereof) of the information, products or services provided by any third party provider.
(b) Agency Dominion is not the agent, trustee, representative or fiduciary of you or any third party provider in any transaction. Any transactions with third party providers shall be by and between the visitor and the third party provider. Any and all discounts and special offers of any third party may be subject to additional terms, restrictions and limitations.

(3) SYSTEM STATUS

(a) Agency Dominion systems may be monitored for all lawful purposes, including, but not limited to: for system management, to facilitate protection against unauthorized access, to check on and verify survivability, operational security, system integrity and security procedures. During monitoring, information and Content may be examined, copied, recorded and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.

(4) COMPLIANCE WITH LAW

(a) You agree that you will use the Service offered by Agency Dominion in a manner that is consistent with all applicable Canadian, local, provincial and federal laws and regulations, regardless of whether or not you are a citizen of Canada. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, theft, will have their accounts closed with immediate effect, without prior or further notice, and without refund of any fees. You are solely responsible for determining what laws and regulations are applicable to your use of the Service.
(b) It is our policy to cooperate with law enforcement and administrative agencies, but we don’t just roll over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, Agency Dominion may, without notice to you or your consent, provide the information requested by such agency to that agency.

(5) TAXES

(a) If any federal, state or local governmental entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by Agency Dominion under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Agency Dominion may pass the direct amount of such tax on to you, and you shall promptly pay that tax.

(6) SEVERABILITY

Any party’s failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.

(7) RELATIONSHIP OF THE PARTIES

The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Agency Dominion, any of Agency Dominion’s affiliates or its respective service providers. In addition to the foregoing:
1. Nothing in this Agreement is intended nor shall be construed to create any obligation of exclusivity between you and Agency Dominion. Nothing in this Agreement is intended nor shall be construed as limiting or otherwise restricting Agency Dominion’s right, freedom and/or ability to enter into other, and different, relationships with other persons, firms, entities and parties, and we may, and will, enter into other, and different, relationships with other persons, firms, entities and parties. In addition, neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or to assume any responsibility for, without limitation, the other party’s actions, business or operations.

(8) DISPUTES

(a) This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the provincial or federal courts in Toronto, Ontario and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Agency Dominion Inc. or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
(b) By using the Service, you agree to submit to binding arbitration. In the event any dispute or claim arises against Agency Dominion, such dispute or claim shall be handled by an arbitrator of Agency Dominion’s choosing. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
(c) In no event will Agency Dominion mediate any dispute or controversy arising between you and any third party. Agency Dominion is unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) – such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason.
(d) If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of Agency Dominion, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us at info@agencydominion.com

(9) ASSIGNMENT

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Agency Dominion’s prior written consent, which consent shall be at Agency Dominion’s sole discretion and without obligation; any such assignment or transfer shall be null and void. Agency Dominion is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

(10) HEADINGS OF NO FORCE OR EFFECT

The headings in this Agreement are just for fun and to help you grasp the concepts. We worked hard on them, but legally all of the titles, headings, subheadings and bolded explanatory phrases used in this Agreement have no effect or bearing on the meaning of any section herein at all. Sad, huh?

(11) ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications and understandings, whether written or oral, between Agency Dominion and you, other than as explained or incorporated by reference in the preamble of this Agreement.