Terms and Conditions
3.
Registration, Accounts and Passwords. Certain of the Services and related features,
such as personalization, web hosting, instant messaging, and webmail, made available over the KANGUNET Network may
require registration. Should you choose to register for such Services or
related features, you agree to provide accurate and current information about
yourself as required by the relevant registration process, and to promptly
update such information as necessary to ensure that it is kept accurate and
complete. You agree to be responsible for: (a) maintaining the confidentiality
of any passwords or other account identifiers which you choose or are assigned
as a result of any registration over the KANGUNET Network, and (b) all
activities that occur under such password or account. Further, you agree to
notify KanguNet of any unauthorized use of your password or account. KanguNet
shall not be responsible or liable, directly or indirectly, in any way for any
loss or damage of any kind incurred as a result of, or in connection with, your
failure to comply with this Section 3.
4.
Rules and Conduct. In consideration of the availability, and your use, of the
Services, you agree, while visiting the KanguNet Network, not to
5.
Responsibility for Minors. In cases where you have authorized a minor to use any of the
Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the
minor's access to and use of any such Services; and (iii) the consequences of
any misuse by the minor. You acknowledge that some of the areas of the KanguNet
Network may contain material that is inappropriate for minors.
6. Monitoring. You acknowledge that
KanguNet has no obligation to monitor the KanguNet Network or any content,
products or services (collectively, "Content") accessible through the
KanguNet Network or any of the Services. However, you agree that KanguNet has
the right to monitor the KanguNet Network electronically from time to time and
to disclose any information as necessary to satisfy any law, regulation or
other governmental request, to operate the KanguNet Network or any of the
Services properly, or to protect itself or its users in accordance with KanguNet's Privacy Policy. KanguNet reserves the right to
refuse to post or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or in violation of
the Terms and Conditions. You understand that by using the Services, you may
have access to Content which may be offensive or objectionable to you. Under no
circumstances shall KanguNet be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result of, or in
connection with, any use of, or access to, any such Content.
7.
Dealings with Third Parties. You acknowledge and agree that your
correspondence or business dealings with any third parties, including any
merchants or advertisers, found on, or through, the KanguNet Network or any of
the Services, including payment for and delivery of related goods and services,
and all other terms, conditions, representations and warranties related to such
dealings, are solely as between you and such third parties. KanguNet assumes no
responsibility whatsoever for any charges you or any user of your account
incurs when making purchases or other transactions in this manner. Further, the
responsibility for ensuring compliance with all applicable laws in connection
with any such transactions shall be the user's alone.
You agree that KanguNet shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result
of, or in connection with, any of such dealings or transactions.
8.
Web Hosting. Web page hosting services are made available over the KanguNet
Network KanguNet inc. By registering for, or using the
KanguNet Services, you are creating a separate contractual relationship. the
terms of which are as set out in the KanguNet Inc. User Terms of Service made
available to you during the registration process and on the webCentre.ca site.
You agree that you, and not KanguNet, are responsible for all fees, liability,
and obligations in connection with that relationship and services you register
for and/or use. You further agree that the webCentre.ca Service is a
"Service" under these KanguNet Network Terms and Conditions.
Accordingly your use of this service is also subject to these KanguNet Network
Terms and Conditions, including for certainty the terms and conditions regarding
Disclaimer of Warranties, Limitation of Liability and Indemnity.
9. Webmail. Webmail and other web based email services made
available by KanguNet over the KanguNet Network (collectively "Webmail") are provided on an "AS IS" basis
without representations, warranties or conditions of any kind, and you
acknowledge and agree that KanguNet shall have no responsibility for, or
liability in respect of, any aspect of the Webmail
services, including without limitation for any lost or damaged data or any acts
or omissions of KanguNet.
KanguNet allows one Webmail account per individual with a legitimate electronic
mail address. Webmail is provided to individuals and
for personal use only. You acknowledge and agree that you may only use the Webmail service to send and receive personal messages only.
Any unauthorized commercial use of the Webmail
service, or resale of the Webmail service is
expressly prohibited. The amount of Webmail e-mail
storage space is limited; please consult our Webmail
section for more information. Some Webmail e-mail
messages may not be processed due to space constraints or outbound message
limitations.
The components and any
aspects of the Webmail services, including email,
information and other data you store on the Webmail
service, may be deleted by KanguNet at any time for any reason or for no reason
at all, in KanguNet's sole discretion, with or
without notice to you. KanguNet shall have no obligation to maintain any
content in your Webmail account or to forward any
unread or unsent messages to you or any third party.
In consideration of the
availability, and your use, of the Webmail services,
you agree to comply with all applicable laws and the Terms and Conditions in
using the Webmail service and are solely responsible
for all acts or omissions that occur under your account or password. In
addition to other prohibited conduct described herein, you may not use the Webmail service to post, transmit or otherwise facilitate
the creation or distribution of chain letters, junk e-mail, spam or any
duplicative or unsolicited messages, surveys, contests or pyramid schemes.
Further you may not forge headers or otherwise manipulate any identifiers
serving to disguise the origin of any content transmitted using the Webmail service.
If you wish to terminate
your Webmail account, your only recourse is to
discontinue your use of the Webmail service. However,
you acknowledge and agree that KanguNet may terminate your Webmail
account at any time for any reason or for no reason at all, in KanguNet's sole discretion, without prior notice, or any
notice.
10.
Pay Services. Certain of the Services (such as the Services offered in the
"Time Out" section of the KanguNet Network) made available over the
KanguNet Network may be offered by KanguNet on a payment basis (hereinafter
referred to as a "Pay Service"), which Pay Service may be offered by
KanguNet on a "prepaid" or on a "pay as you use" basis.
Should you choose to purchase access to a Pay Service, you will be required to
register as described in Section 3 above, and you will be assigned an account
for such Pay Service (the "Pay Service Account") based on the
information you provide to KanguNet at such time. You agree to pay all the fees
applicable to such Pay Service you incur through your Pay Service Account,
including any fees associated with the use of such Pay Service together with
all applicable taxes (the "Fees"). Unless otherwise indicated on the
relevant Pay Service description page (the "Pay Service
Description"), all Fees for a Pay Service purchased through your Pay
Service Account will be billed immediately to the credit card you designated
for the particular Pay Service Account and are non-refundable. KanguNet
reserves the right to change the amount of, or basis for determining, any Fees
for a Pay Service, and to institute new Fees or terms at any time effective
upon notice to you, which notice may for certainty include the posting of any
such changes on the relevant pages related to the use of the Pay Service.
In connection with the
forgoing, you warrant that: (a) you are of the age of majority in the
jurisdiction in which you reside, (b) all information you submit is true and
correct (including without limitation all credit card information), and (c) you
are the cardholder of the credit card you designated for your Pay Service
Account.
In consideration of the
availability, and your use, of a Pay Service, you acknowledge and agree: (a) to
the Terms and Conditions, including without limitation the disclaimers,
limitation of liability and provisions related to prohibited conduct set out
herein as well as any terms and conditions which may be set out in the relevant
Pay Service Description, (b) that you are solely responsible for all acts or
omissions that occur through your Pay Service Account, (c) that the Pay Service
is for your personal, non-commercial use and you agree not to resell,
distribute, transfer, share or otherwise use any Pay Service, including any
coupons or credits related to same for any commercial purposes whatsoever, (d)
that KanguNet reserves the right to specify an expiry date for the use of any
coupons or credits purchased in connection with any Pay Service, and (e) that
KanguNet reserves the right to suspend or terminate your Pay Service Account
and your use of a Pay Service at any time, including without limitation, where
KanguNet has determined, in its sole discretion, that your use of the Pay
Service is, or was, in breach of the Terms and Conditions. Any such termination
by KanguNet shall be in addition to and without prejudice to such rights and
remedies as may be available to KanguNet, including injunction and other
equitable remedies.
12. Downloads and Shareware. KanguNet’s Downloads sections
allow you to search for software that has been made available for downloading
by various third parties. Such software is made available to you by such third
parties subject to the terms and conditions made available to you during the
software installation process. You agree that it is your responsibility to
review and evaluate any such software and the related terms and conditions, and
that all risk associated with the use of, or reliance on, such software rests
with you. You further agree that KanguNet, including its suppliers, shall not
be responsible or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection with your use of,
or reliance on, any such software, including the failure of such software to
meet your needs, standards, expectations or specifications.
13.
Disclaimer Regarding Third Party Content. The KanguNet Network offers access to numerous
third party web pages and content available over the Internet. In such
instances, including, but not limited to, third party content contained on or
accessible through the KanguNet Network websites and web pages or sites
displayed as search results or contained within a directory of links on the
KanguNet Network, KanguNet generally exercises no control over such third party
content, web pages, or sites. You agree that it is your responsibility to
review and evaluate any such content, and that any and all risk associated with
the use of, or reliance on, such content rests with you. You further agree that
KanguNet shall not be responsible or liable, directly or indirectly, in any way
for any loss or damage of any kind incurred as a result of, or in connection
with your use of, or reliance on, any such content.
14.
Disclaimer regarding Search Content. Any and all pictures, sounds, sound effects,
sound recordings, musical works, performances, graphics, video, cinematic
productions, audio-visual works and any other works (the "Multimedia
Content") located through any KanguNet Network search services are
protected by copyright and/or other intellectual property laws. KanguNet does
not have the right to authorize you to reproduce, distribute, publicly display,
publicly perform, communicate or create derivative works from any files
containing such Multimedia Content. Where search results link to sites outside
the KanguNet Network, all of the Multimedia Content contained on such sites is
owned and served by entities other than KanguNet. The KanguNet Network provides
you with the URL or address of the Multimedia Content; this information may be
used to determine the server of the Multimedia Content. If you intend to make
use of any Multimedia Content accessed through the KanguNet Network search
services for commercial or noncommercial purposes, we strongly suggest that you
contact the server and/or owner of the Multimedia Content for permission to use
such Multimedia Content.
15.
Professional Information Disclaimer. The KanguNet Network makes available certain
information provided by third parties related to various professional fields
such as, without limitation, medicine and other health and fitness related
matters, law, accounting and financial planning and investments (the
"Professional Information"). The Professional Information is provided
for educational and entertainment purposes only and should not be interpreted
as a recommendation for a specific treatment plan, product or course of action.
Use of the KanguNet Network does not replace consultations with a qualified
medical, legal financial or other relevant professional. In addition, while the
Professional Information is frequently updated, this information changes
rapidly and therefore, some of the Professional Information may be out of date.
You agree that all risk associated with the use of, or reliance on, any of the
Professional Information rests with you. You further agree that KanguNet,
including its suppliers, shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result
of, or in connection with your use of, or reliance on, any such Professional
Information.
16.
User Content. In respect of any and all content you elect to post on the
KanguNet Network which is accessible by the general public, such as on KanguNet's public forums, you grant KanguNet a world-wide,
royalty-free, nonexclusive, and unrestricted license to use, copy, adapt,
transmit, publicly display and perform, distribute and create compilations and
derivative works from such content for the limited purposes of publishing such
content and promoting the specific Service to which such content was submitted.
Such license shall apply with respect to any form, media, or technology now
known or later developed and shall terminate at the time you delete such
content from the Service.
With respect to any and
all content you elect to post or transmit using the Services, you agree that
KanguNet may preserve and disclose any content associated with your account
where required to do so by law or where such preservation or disclosure is
reasonably believed by KanguNet to be necessary to ensure compliance with the
law, enforce the Terms and Conditions or protect the rights and interests of
KanguNet or any other person.
17.
Service Modifications. You acknowledge and agree that KanguNet reserves the right at any
time to modify or discontinue any of the Services with or without notice to
you, and that KanguNet will not be responsible or liable, directly or
indirectly, to you or any other person in any way for any loss or damage of any
kind incurred as a result of, or in connection with, any such modifications or
discontinuance.
18.
Termination. You acknowledge and agree that KanguNet, in its sole and absolute
discretion, may, without notice to you, suspend or terminate your account or
your use of, or access to, any of the Services, and remove and discard any
information or content related to such Service (and your use thereof), for any
reason, including where KanguNet believes that you have violated any of the
Terms and Conditions. You further agree that KanguNet shall not be liable to
you or to any other person as a result of any such suspension or termination.
Any service or promotion based on a
contract to KanguNet inc will renew automatically for
other year unless notified otherwise 30 days prior to
account anniversary date. Any service or promotion based on a contract to
KanguNet Stopped or interrupted before it’s deadline
will be charged a penalty fee equivalent to 3 months at the regular rate. All
cancellations of services must be submitted in written (Email, Fax, Post) at
fax:514-673-0039. .
If you are dissatisfied with the KanguNet Network, any of the Services or with
any terms, conditions, rules, policies, guidelines, or practices of KanguNet in
operating the KanguNet Network and the Services, your sole and exclusive remedy
is to discontinue using the KanguNet Network and the Services.
19.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE KANGUNET NETWORK
AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND THAT KANGUNET MAKES NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT
ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) KANGUNET
SPECIFICALLY MAKES NO WARRANTIES THAT THE KANGUNET NETWORK OR ANY OF THE
SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED
FROM OR THROUGH THE USE OF THE KANGUNET NETWORK OR THE SERVICES, WILL BE
PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH
SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS.
20.
Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT
SHALL KANGUNET, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER
INTANGIBLE LOSSES, REGARDLESS OF WHETHER KANGUNET HAD BEEN ADVISED OF OR COULD
HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR
THE KANGUNET NETWORK, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY
OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE
KANGUNET NETWORK OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE
FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF
ESSENTIAL PURPOSE.
21.
Indemnity.
You agree
to defend, indemnify and hold KanguNet, its affiliates, suppliers, co-branders
and other partners, directors, officers, employees and agents harmless from any
and all liabilities, claims, costs and expenses, including reasonable
attorneys' fees, related to or in connection with your, or any user of your
account's: (a) violation of the Terms and Conditions, or (b) use of the
KanguNet Network or any of the Services, or (c) placement, posting or
transmission of any message, information, software or other content on the
KanguNet Network or through any of the Services.
22.
No License; Intellectual Property of KanguNet and others. Except as expressly
provided, nothing herein or within any of the Services shall be construed as
conferring any license under any of KanguNet's or any
third party's intellectual property rights, whether by estoppels, implication,
waiver, or otherwise. Without limiting the generality of the foregoing, you
acknowledge and agree that certain content available through and used to
operate the KanguNet Network and Services is protected by copyright, trademark,
patent, or other proprietary rights of KanguNet, its affiliates, licensors,
and/or service providers. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer any software, applications or programs used in
connection with the Services or the KanguNet Network. Further, you agree not to
modify, alter, or deface any of the trademarks, service marks, or other
intellectual property made available through the
KanguNet Network nor use any of the forgoing for any purpose other than the
purpose for which such intellectual property is made available to users through
the KanguNet Network.
26.
Arbitration and Actions. Any controversy, claim or dispute arising out of or relating to
these Terms and Conditions, your use of the KanguNet Network or Services or the
relationship which results from these Terms and Conditions, including without
limitation, the performance, breach, enforcement, existence or validity of the
matters provided for in these Terms and Conditions which cannot be amicably
resolved, even if only one of the parties declares that there is a difference
(collectively, a "Claim"), will be referred to and finally settled
(to the exclusion of the courts) by private and confidential binding
arbitration before a single arbitrator held in Montreal, Quebec in English and
governed by Quebec law pursuant to the Arbitration Act, 1991 (Quebec), as
amended, replaced or re-enacted from time to time. The arbitrator shall be a
person who is legally trained and who has experience in the information
technology field in Canada and is independent of either party. Any such Claim
shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim, controversy or dispute of any other party. You
agree to waive any right you may have to commence or participate in any class
action against us related to any Claim and, where applicable, you also agree to
opt out of any class proceedings against us. Notwithstanding the foregoing, we
reserve the right to pursue the protection of intellectual property rights and
confidential information through injunctive or other equitable relief through
the courts.
27.
Submission of Ideas and/or Suggestions. KanguNet is always improving its websites and
Services and developing new features. If you have ideas and/or suggestions
regarding improvements or additions, we would like to hear them - but any
submission will be subject to these Terms and Conditions. UNDER NO
CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED
MATERIAL TO KANGUNET BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR
EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY
RELATED MATERIAL TO KANGUNET, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY
HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING
AND WARRANTING TO KANGUNET THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED
MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE
IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT KANGUNET IS FREE TO
IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO
DESIRES, AS PROVIDED OR AS MODIFIED BY KANGUNET, WITHOUT OBTAINING PERMISSION
OR LICENSE FROM ANY THIRD PARTY.
28.
Miscellaneous. The Terms and Conditions constitute the entire agreement between
KanguNet and you pertaining to your use of the Services and supersede any prior
agreements between you and KanguNet. KanguNet failure to insist upon or enforce
strict performance of any right or provision of the Terms and Conditions shall
not constitute or be construed as a waiver of any right or provision. If any of
the provisions (or parts thereof) contained in the Terms and Conditions are
determined to be void, invalid or otherwise unenforceable by a court of
competent jurisdiction, such determination shall not affect the remaining
provisions (or parts thereof) contained herein. The Terms and Conditions shall
be governed by and construed in accordance with the laws of the province of
Quebec and the federal laws of Canada applicable therein. The parties have
required that the Terms and Conditions and all documents relating thereto be
drawn up in English. Les parties ont demandé que cette
convention ainsi que tous les documents que s'y rattachent soient rédigés en
anglais.