WTC Communications (hereby called "The Company") is an Internet Service Provider and host of personal and business World Wide Web pages. WTC Communications maintains The Company as a service to the Internet community. The goal of WTC Communications is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep WTC Communications and the Internet enjoyable and useful for all of our subscribers. WTC Communications is committed to and supports the free flow of information and ideas over the Internet. WTC Communications does not actively monitor nor does WTC Communications exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over WTC Communications services. However, WTC Communications reserves the right to remove any materials WTC Communications does become aware of that are, in WTC Communications’ sole discretion, potentially illegal, could subject WTC Communications to liability, or violate this policy. The use of The Company is subject to the following terms and conditions.

WTC Communications may amend this agreement on an as needed basis by placing an update of this posting, and your continued use of The Company following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms and Conditions" page of The Company regularly to determine whether the terms and conditions have been modified. Terms and conditions, and all prices are subject to change without notice and are exclusive of applicable taxes. If you do not agree with the Terms and Conditions of The Company or any modifications or changes to this Agreement, you must immediately stop using The Company.

The entire content of The Company is copyrighted, and all rights are reserved. You may save to disk or print out individual or selections of information contained within The Company for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of The Company.

Terms of Service

I. Financial Arrangements

  1. Client agrees to the service for the length specified, beginning upon WTC Communications’ acceptance by phone, fax, e-mail, or express mail. Client agrees to pay WTC Communications for services rendered pursuant to the payment schedule.
  2. Initial payment is due with start of service.
  3. This service agreement will automatically renew for identical successive periods unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice.
  4. Service agreement takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the Client's package (e.g. extra traffic charges, additional colocation facilities space, additional e-mail accounts) shall be billed accordingly.
  5. All orders are subject to acceptance by WTC Communications. An order will be deemed accepted by WTC Communications when confirmation of the order is sent to Customer. WTC Communications may refuse to accept any order, or delay acceptance awaiting completion of conditions WTC Communications may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and WTC Communications agrees to provide Customer with reasonable notice by Email or fax of any intent to delay or decline the acceptance of any order.

II. Taxes

WTC Communications shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or WTC Communications’ colocation facilities. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.

III. Material and Products

WTC Communications will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. WTC Communications makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. WTC Communications also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. WTC Communications is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of WTC Communications is at the Client's own risk, and WTC Communications specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to WTC Communications and does not represent guarantees of available end to end bandwidth. WTC Communications expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. WTC Communications specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Colocation facilities-ready", WTC Communications may, at its option and at any time, reject this material, including but not limited to after it has been put in WTC Communications’ Colocation facilities. WTC Communications agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of WTC Communications. If the Client fails to modify the material, as directed by WTC Communications, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

IV. Trademarks & Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants WTC Communications the right to use such trademarks in connection with WTC Communications’ service.

V. Etiquette and Policy

  1. The network resources of WTC Communications may not be used to impersonate another person or misrepresent authorization to act on behalf of others or WTC Communications. All messages via WTC Communications should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may NOT use WTC Communications’ colocation facilities for mass e-mail or "spamming" purposes.
  2. WTC Communications may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
  3. WTC Communications may discontinue servicing any Plan, or may require fulfillment of terms or conditions WTC Communications may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and WTC Communications agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.
  4. WTC Communications’ services may not be used for illegal purposes, or in support of illegal activities. WTC Communications reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
    • Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
    • Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters, threatening bodily harm or property damage to individuals or groups, making fraudulent offers of products, items, or services originating from your account.
    • Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
    • Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
    • Forging any message header, in part or whole, of any electronic transmission, originating or passing through WTC Communications services.
    • Distributing viruses to or from WTC Communications systems.
  5. Bulk email sent through a mail service external to our system can not contain an email address or a domain name that is hosted by WTC Communications. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification.

VI. Charges for Space and Colocation Facilities

Traffic Above and Beyond that which are Allocated in Client's Hosting Plan Client agrees that it will be charged and will remit payment for extra colocation facilities traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess colocation facilities traffic are posted in the hosting section of http://www.wtccommunications.ca/. Client agrees that it will be charged and will remit payment for extra colocation facilities storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra colocation facilities storage space and extra e-mail accounts are posted in the hosting section of http://www.wtccommunications.ca/.

VII. Termination

  1. This Agreement may be terminated by WTC Communications, without cause, by giving the other party 30 days notice via e-mail or fax. In such event, WTC Communications will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, WTC Communications may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the client’s responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service.
  2. WTC Communications Setup Fees are non-refundable.

VIII. Limited Liability

  1. Client expressly agrees that use of WTC Communications’ Colocation facilities is at Client's sole risk. Neither WTC Communications, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that WTC Communications’ Colocation facilities service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Colocation facilities service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the WTC Communications Colocation facilities service, unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall WTC Communications, its offices, agents or any one else involved in creating, or distributing WTC Communications’ Colocation facilities service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WTC Communications Colocation facilities service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WTC Communications’ records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on WTC Communications’ Colocation facilities service.

IX. Indemnification

Client agrees that it shall defend, indemnify, save and hold WTC Communications harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against WTC Communications, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless WTC Communications against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with WTC Communications’ Colocation facilities; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on WTC Communications Colocation facilities.

X. Partial Invalidity

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. WTC Communications and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

XI. Disputes

The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Westport, Ontario.

Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

XII. Confidentiality

Customer acknowledges that by reason of its relationship with WTC Communications, it may have access to certain products, information and materials relating to WTC Communications’ business, plans, customers, software technology, and marketing plans that are confidential and of substantial value to WTC Communications, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by WTC Communications. Customer further agrees that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential documents shall be returned to WTC Communications or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, WTC Communications shall be entitled to injunctive relief, which relief will not be contested by Customer.

XIII. Notices

Except with respect to service of process as set forth in paragraph, all notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

XIV. General

These Terms and Conditions are governed by the laws of Canada and Ontario.