866.543.1999
Terms & Conditions
1. Services
Thank you for selecting the services offered to you by The Media Farm ("we", "our", or "us") on this website. These General Terms of Service together with The Media Farm's Privacy Statement provided to you on the website or documentation for the The Media Farm services you have selected and the Additional Terms and Conditions for the Services (collectively, the "Agreement") govern your use of this website and The Media Farm online services to which you are granted access under this Agreement, including but not limited to programs, components, internet-based services, content, technology, tools, updates, help content, and new releases (collectively, the "Services"). This Agreement constitutes a legal agreement between you ("you" or "your") and The Media Farm. By accessing or using the Services, you indicate that you understand and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights in the Services, and you will not be able to access or use the Services. Your access to or use of any Services may also be subject to your acceptance of separate agreements with The Media Farm and/or third parties. This Agreement incorporates by reference applicable program, subscription, activation, ordering and pricing terms provided to you online or offline for the Services selected by you and for other The Media Farm services made available to you through these Services, which may be subject to change from time to time. These terms will also govern your continued purchase and use of the Services, including such additional The Media Farm internet based services made available to you through the Services you have selected.
2. LICENSE GRANT AND RESTRICTIONS
Subject to the terms of this Agreement and any applicable payments, The Media Farm grants you a personal, limited, nonexclusive, nontransferable license, during the initial term of the subscription and any applicable renewal term or other period of use provided in the activation and ordering terms, to access and use the Services, solely for the purpose described in our description for the Services, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you.
2.1 Except as expressly permitted herein or by applicable law, you must not, nor allow a third party to, do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party the Services; (ii) modify or create derivative works based on the Services or its content, in whole or in part; (iii) access or attempt to access any other The Media Farm systems, programs, features or data that are not made available in the Services or for public use; (iv) decompile, disassemble, or reverse engineer the Services; (v) interfere with the proper working of the Services, prevent access to or the use of the Services by other licensees or customers, or impose an unreasonable or disproportionately large load on The Media Farm?s infrastructure; or (vi) use the Services except as expressly allowed under this Agreement. By using the Services, you warrant to The Media Farm that you will not use the Services, including content, for any purpose that is unlawful or prohibited by this Agreement. If you violate any of these terms, your permission to use the Services automatically terminates. All license transfers are subject to written approval by The Media Farm and may be subject to a transfer fee determined by The Media Farm in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact us regarding the transfer of your license to a new company.
3. RESERVATION OF RIGHTS AND OWNERSHIP
The Services are licensed not sold, and The Media Farm reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property laws. The Media Farm and its licensors, where applicable, own all right, title and interest in and to the Services (and all intellectual property rights therein), including but not limited to its technology, content, derivatives, and modifications of the Services by whomever made. The Media Farm does not grant any license or other authorization to any user of its branding, trademarks, service marks, or other copyrightable material or other intellectual property.
4. FEES
If the Services are purchased by you on a payment or subscription basis, the following terms will apply to you. Payments are paid in Canadian dollars and credit cards will be charged in Canadian dollars unless otherwise indicated in program ordering and pricing terms provided to you on the website and/or in the program terms for the Services you have selected. The Services will be deemed accepted by you upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for the Services. Access to the Services will begin after your acceptance of this Agreement and after The Media Farm receives and processes all the information, including the credit card or bank account information requested by the registration or ordering process. You must have a valid credit card or a valid debit card acceptable to The Media Farm with an appropriate logo ("Card") or sufficient funds in a checking or savings account to cover an electronic debit of the fees to obtain access to the Services. The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly subscription term ("Renewal Term") at the then-current subscription rate to maintain access to the Services. Cancellation and renewal terms may be supplemented by program terms provided to you in writing or on the website for the Services you have selected.
5. REGISTRATION
Your registration information to use the Services must be accurate, current and complete as prompted in the sign-up process (the "Registration Data"). If you provide any Registration Data that is not accurate, current or complete, and do not promptly update your Registration Data, or The Media Farm has reasonable grounds to suspect it is not accurate, current or complete, The Media Farm may, in its sole discretion, suspend or terminate your account and refuse any current or future access and use of the Services or portion thereof.
6. PRIVACY
For details about The Media Farm's privacy policies, please refer to the Privacy Statement contained in the Services you have selected, or provided to you as a link based on the Services you have selected, or the privacy policy provided on our website relating to the Services you have selected. You agree to be bound by the applicable The Media Farm privacy policy, as amended from time to time in accordance with its terms.7. COMMUNICATION, CONDUCT, CONTENT
7.1 Your right to use the Services is personal to you (and your company and its employees, if permitted by The Media Farm). You are entirely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored by you using the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with your use of the Services. If the Services do not provide adequate features for you to provide such Information and Actions, then do not use the Services. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in complete accordance with the law. Any users suspected of having financial information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. The Media Farm does not own and is not responsible for the Content or data you submit on the website. You are encouraged to archive your data regularly and frequently and you bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data.
7.2 You agree to defend, indemnify and hold The Media Farm , its Suppliers as defined below, its corporate affiliates, officers, directors, employees, subsidiaries and agents, harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees) resulting from or arising out of a claim that your Content infringes or misappropriates the intellectual property rights, or otherwise violates any other right, of a third party or a claim resulting from or arising out of your breach or alleged breach of this Agreement.
7.3 You agree that you will not use the Services to upload, post, link to, publish, distribute, reproduce or transmit any of the following:
7.3.1 Any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, inappropriate or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute an attack or "flaming" other participants, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or foreign law; or
7.3.2 Any Content or data to impersonate other individuals or falsely represent your identity or qualifications, or that constitutes a breach of any individual?s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); or
7.3.3 Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by The Media Farm) or engage in spamming or flooding; or
7.3.4 Any information or software which contains a virus, trojan horse, worm or other disruptive or harmful component; or is obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
7.3.5 Any information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
7.4 You agree that The Media Farm has the right but not the obligation, to monitor the Services and Content from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its users. The Media Farm will not intentionally disclose any private email message unless required by law. The Media Farm reserves the right to edit, refuse to post, remove or refuse to remove any information or materials, in whole or in part, that, in its sole discretion, is alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement.
8. THE MEDIA FARM SERVICES
You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by The Media Farm ("The Media Farm Services"). If you decide to use The Media Farm Services, you may be subject to additional terms and conditions governing these The Media Farm Services and separate fees may apply. You acknowledge that in accessing certain The Media Farm Services through the Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant The Media Farm permission to use information about your business and usage experience to enable us to provide The Media Farm Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services The Media Farm may provide to you in the future.
9. DISCLAIMER OF WARRANTIES
9.1 YOUR USE OF THE SERVICES, INCLUDING ANY SOFTWARE, AND CONTENT THEREIN, IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDIA FARM, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, RESELLERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES , WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AND SIMILAR LAWS OF ANY JURISDICTION. THE MEDIA FARM AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, QUALITY OR ANY CONTENT IN THE SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE SERVICES. THE MEDIA FARM AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER
9.2 THE MEDIA FARM AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. THE MEDIA FARM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
10. LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF THE MEDIA FARM, ITS AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM THE REGISTERED USER FOR THE SERVICES TO THE MEDIA FARM, ITS AFFILIATES OR ITS SUPPLIERS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDIA FARM, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET THE MEDIA FARM SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE MEDIA FARM, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE MEDIA FARM AND YOU. THE MEDIA FARM WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.
11. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY ("CONSENT").
11.1 Consent to Electronic Communications. The Media Farm may be required by law to send "Communications" to you that pertain to the Services, the use of information you may submit to The Media Farm, and the services you choose. Certain third party services you choose may require Communications with the third parties who administer these programs ("Third Party Services"). You agree that The Media Farm, on behalf of itself, and others who administer such Third Party Services (as applicable), may send Communications to you by email. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services and Third Party Services
11.2 Consenting to Do Business Electronically. The decision whether to do business electronically is yours. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services for as long as you remain a subscriber to or use the Services. If you later decide that you do not want to receive future Communications electronically, write to us at Privacy Team, The Media Farm, 43 Grimm Road, First South, Lunenburg, B0J 2C0, NS, CA. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services. We do not provide ISP services. You are responsible at your expense for access to the internet and this website and any necessary hardware and software and obtaining your own Internet service provider (which may be a wireless carrier). You agree to notify us promptly of any change in your email address or other Registration Data. You can do so by logging into your service and updating your customer profile.
12. AMENDMENT
The Media Farm may change this Agreement from time to time effective upon posting of the modified Agreement on its website. Please review the Agreement periodically on this website for changes. The Media Farm has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services, including but not limited to, Internet based services, pricing, technical support options, and other product-related policies, upon reasonable notice, including but not limited to posting information concerning such change in the Services selected by you. Your continued use of the Services after The Media Farm's publication of any such changes shall constitute your acceptance of this Agreement as modified.
13. TERMINATION.
Your rights under this Agreement may be terminated or suspended by The Media Farm immediately and without notice if you or any of your authorized users fail to comply with any terms of this Agreement or you no longer consent to receive electronic Communications in accordance with Section 11. Upon termination you must immediately cease using the Services and all outstanding payments will become due and owing. Any termination of this Agreement shall not affect The Media Farm?s rights hereunder. Other terms regarding termination or expiration of the Services may apply in accordance with the activation and ordering terms for the specific Services you have selected. If you choose to cancel your account or any part of the Services, you must do so in accordance with the activation and ordering terms for the specific Services you have selected.
14. THIRD PARTY PRODUCTS.
In connection with your use of the Services, you may be made aware of services, products, offers and promotions provided by third parties who are not affiliated with The Media Farm ("Third Party Products"). If you decide to use any Third Party Products, you do so at your own risk and are responsible for reviewing the terms governing such Third Party Products. You authorize The Media Farm to use and disclose your contact information, including name and address, for the purpose of making the Third Party Products you choose available to you. You agree that the third party, and not The Media Farm , is responsible for the performance of the Third Party Products. The Services may contain or reference links to websites operated by third parties ("Third Party Websites"). The Media Farm is not responsible for the content of, nor any link contained in such Third Party Websites. The inclusion of any Third Party Website link in the Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by The Media Farm of any data contained in, or services made available through any Third Party Website. You acknowledge that linked Third Party Websites may contain terms and privacy policies that are different from those of The Media Farm. The Media Farm expressly disclaims any liability for use of such Third Party Products and Third Party Websites.
15. MISCELLANEOUS.
This Agreement is the complete agreement between you and The Media Farm and sets forth the entire liability of The Media Farm, its corporate affiliates and its Suppliers and your exclusive remedy with respect to the Services and its use. Any modification or waiver of the terms herein by The Media Farm must be in a writing signed by an authorized representative of The Media Farm and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of The Media Farm, but may be assigned without your consent by The Media Farm to (a) a parent or direct or indirect subsidiary, (b) in an acquisition of the assets including the Services, in whole or in part, (c) a successor by merger. Any assignment in violation of this Section will be void. This Agreement will be governed by Nova Scotian law, without regard to its conflicts of laws principles, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in the province of Nova Scotia, Canada or federal court.
January 2011
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B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by The Media Farm are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1. THE MEDIA FARM WEBSITE SERVICES (hereinafter, "The Media Farm Services").
1.1 USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE MEDIA FARM WEBSITE SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
1.1.2 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco, alcohol products and any other products or services that (i) you cannot legally sell, and (ii) are misrepresented, could cause The Media Farm or its affiliates to violate any law, statute or regulation. Additionally, The Media Farm may require you to place all or any portion of the Content behind password protection if The Media Farm determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If The Media Farm has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If The Media Farm requests you to place any Content behind password protection and you fail to do so promptly, The Media Farm reserves the right to (a) place such Content behind password protection itself, or (b) terminate this Agreement.
1.1.3 You hereby acknowledge that The Media Farm may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your website will be retained by The Media Farm, (b) maximum limits on bandwidth usage that will be allotted to you, (c) maximum limits on storage space, (d) the maximum number of websites per member account, (e) maximum number of photographs or other data according to the type of member account, (f) maximum limits on the number of pages within each member website, and (g) maximum time limitations for the retention of Content following an account cancellation. The Media Farm further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Services (including any upgrades) for which you have registered. You agree that The Media Farm has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You further acknowledge and agree that The Media Farm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Media Farm reserves the right to charge you for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees
1.1.4 You warrant and represent that you own or otherwise control the rights to the Content and grant The Media Farm a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Services and materials.
1.1.5 The services pertain to your business alone and are restricted to your website(s) that is/are hosted by The Media Farm together with the administration of your Google Apps email account. The Media Farm does not provide services for the creation/modification of any information other than on your website (for instance facebook pages, twitter tweets, linkedIn profiles, shopping portals, 3rd party software and so forth). In respect to affiliates/sponsors your business may have, The Media Farm services do not allow for you to host/maintain websites, webpages or email accounts for said affiliates/sponsors without written consent by The Media Farm. The Media Farm accepts no liability for said content outside of your main website and/or email accounts.
1.1.6 Where The Media Farm purchase stock photography, such as from http://www.istockphoto.com, it is done so on your behalf and The Media Farm is acting as your agent in this regard and does so "at cost". The Media Farm does not resell istockphoto content.
1.2 INTERNET DOMAIN NAMES. Independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, provide domain name registration services. You hereby authorize The Media Farm if requested, to transfer in or acquire your selected domain name from TPDNVs. In order to receive a domain name, you must agree and remain agreeable through the use of the domain name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion. You understand that you are creating a separate contractual relationship between you and the TPDNVs, and that you, and not The Media Farm or its affiliates, are responsible for all liability, and obligations in connection with that relationship. For more information, please see the Domain Name Services Agreement (a service offered in conjunction with Tucows, Inc.)
1.2.1 If, after registering one or more domain names that are included with any The Media Farm Service package, because of your incorrect spelling of a domain name or otherwise, you choose to delete a previously registered domain name and subsequently register one or more additional different domain names, you will be charged the resulting domain name registration fees.
1.2.2 You will be listed as the registrant and administrative contact in connection with your domain name; however, The Media Farm or its affiliates, may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV?s change is completed. You hereby authorize The Media Farm or its affiliates, to list itself as the billing contact, technical contact and name servers in connection with your domain name and to take any actions The Media Farm deems appropriate in those capacities. However, upon termination of the Service, The Media Farm and its affiliates, will immediately cease acting in those capacities including switching registrars. After such time, neither The Media Farm nor its affiliates will be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. Additionally, in the event that your account is suspended by The Media Farm for lack of payment or any other reason, The Media Farm shall not renew any domain names that may become due for renewal during the suspension of the account. You will be solely responsible for all ongoing fees, as well as removing The Media Farm or its affiliates as the billing, technical contact and name servers in connection with your domain name.
1.3 EMAIL. Some accounts may have email services provided by an independent Third Party Email Services Vendor ("TPESV"). We are not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. The Media Farm is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, you hereby release The Media Farm and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. The Media Farm will endeavour to provide assistance to you for you to set up email client(s) (such as for your iPhone, Outlook and so forth); however in the event that you are unable to set up your email client(s) even after The Media Farm have given you specific instructions, you hereby release The Media Farm and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of your failure to set up your email client(s).
1.4 STOREFRONT. A third party store vendor ("TPSV") provides e-commerce services. Neither The Media Farm nor its affiliates are responsible for the actions or inaction of the then current TPSV or the unavailability or malfunction of their network or services. Neither The Media Farm nor its affiliates are a party to, and shall not be involved in or be responsible for, transactions, agreements, and/or disputes between you and the TPSV ("the TPSV Dispute"). In the event of a the TPSV Dispute, you hereby release The Media Farm and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using these Services, you agree to the following additional terms and conditions:
a. Hosting Services. The Media Farm grants you the right to develop and operate an online storefront ("Store") on the server, subject to and in accordance with the terms of this Agreement and such hosting policies, procedures and specifications as The Media Farm may, by written notice to you, establish from time to time (the "Hosting Policies and Procedures"). The Hosting Policies and Procedures, if any, are incorporated in this Agreement in their entirety.
b. Prohibited Uses. In addition to all restrictions set forth above, you shall not use, nor permit any third party to use, the Store(s) or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit any obscene communication, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights (v) to attempt to overcome or penetrate any security measures on the server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.
c. Control. You will be solely responsible for all content and materials appearing in the Store(s), including without limitation (i) the technical operation of the Store(s), (ii) the accuracy and appropriateness of content and materials appearing in the Store(s), (iii) ensuring that the content and materials appearing in the Store(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Store(s) are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Store(s), and for handling any customer inquiries and complaints arising there from. You shall inspect and monitor the Store(s) as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Store(s). To the fullest extent permitted by law, the Store(s) will be deemed to be exclusively "under the control" of you and not "under the control" of The Media Farm or its affiliates and Suppliers.
1.5 CANCELLATION. You may cancel your account or any part of the Services at any time. The Media Farm will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must send an email to us with the subject "Cancellation". The Media Farm reserves the right to collect fees, surcharges or costs incurred before you cancel your account.
You must provide us with the following information in order for us to process the cancellation:
a. The
exact name of the Services that you would like to cancel
b.
Your email address
c. Reason for canceling the Services
Upon termination of your account for any reason, The Media Farm reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall The Media Farm be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.
If you wish to retain a copy of your website (in compressed format), including files visible online via your domain name(s) at the time of cancellation as well as a database backup file, then you may request it at the same time as requesting your cancellation. The charge for this service is $250 CAD+applicable taxes and must be paid up-front before said files can be delivered to you by email. If you terminate your account within 12 months of its activation, in order for your website files to be delivered to you, an additional early-termination fee of $750 CAD+applicable taxes must be paid up-front.
1.6 COPYRIGHT AND TRADEMARK NOTICES. All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by The Media Farm, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes The Media Farm (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of The Media Farm. Any rights not expressly granted herein are reserved. The Media Farm logo and other The Media Farm logos and product and service names are trademarks of The Media Farm (the "The Media Farm Marks"). Member agrees not to display or use The Media Farm Marks in any manner whatsoever without The Media Farm's prior permission. From time to time The Media Farm may offer a limited license to Members to display The Media Farm award logos or other symbols of merit on Member Web Sites after The Media Farm in its sole discretion confers such distinctions to the applicable Members. However, The Media Farm reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.
1.6.1 NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT. Any notifications of claimed copyright infringement should be sent to info@themediafarm.ca