Terms of Service
OpenHost Web Services Terms of Service
(updated May 5th, 2020)
OpenHost Web Services (“OpenHost”) provides this Web site located at www.openhost.ca (this “Site”), and the domain name registration service and other products and services offered on the Site (collectively, the “Service”) subject to your compliance with the terms and conditions set forth below (“Terms of Use”). Please read the Terms of Use carefully because it constitutes a legally binding contract between you and OpenHost and governs your use of this Site. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THE ASSOCIATED POLICIES OF THIS SITE. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS SITE.
In a nutshell you understand that by using our services you must agree to be governed by the policies outlined by OpenHost Web Services
USE OF THE SITE AND SERVICE
As a condition of your use of the Site and Service, you warrant to OpenHost that you will not use the Site and Service for any purpose that is unlawful or prohibited by these Terms of Use. OpenHost expressly prohibits any unauthorized commercial use of the Site and Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password. OpenHost has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, OpenHost reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request or as consistent with its Privacy Policy.
By using Openhost Web Services you will follow the rules outlined by this Terms of Use and that you and your user account will abide by all applicable local, stat,national and international laws and regulations and your responsible for for any actions that occur under your account.
We don’t monitor accounts or data related to their sessions but reserve the right to do so and provide any information to comply with any law ,regulation or legal process or government request or any Privacy Policy violation.
INTELLECTUAL PROPERTY
All trademarks, service marks and logos used on this Site are the property of their respective owners.
Don’t use content that is not yours or that you can not prove your allowed to use it on your site.
OPENHOST POLICIES
You acknowledge and understand that by accepting the Terms of Use, you agree to be bound by any pertinent rules, policies or agreements that have been or in the future may be adopted by OpenHost (the “OpenHost Policies”) and which are or in the future may be posted on this Site.
When you accept to use the services you are bound to follow the rules and policies outlines in the Terms of Use and that are posted on the site now or in the future.
ACCURATE INFORMATION
As a condition of your use of the Service and the Site, you agree to: (a) provide current, complete and accurate information where required on the Site; and (b) maintain and update this information as needed to keep it current, complete and accurate.
Your responsible to provide accurate information to us and keep it up to date.
PRIVACY POLICY
You agree that OpenHost shall have the right to use any information collected from you or provided by you in accordance with the OpenHost Privacy Policy located at https://www.openhost.ca/documents/privacy.txt. You understand that OpenHost cannot guarantee or ensure the privacy of the users of the Service or the Site.
OpenHost does not use of sell and personal/private information but cannot guarantee that it will not be provided should a legal/law enforcement agency submit the appropriate documentation to acquire it.
THIRD PARTIES
You understand that OpenHost may permit third party product and service providers (“Third Party Vendors”) to advertise or offer their products and services on this Site (“Third Party Products”) or have links to their own Web sites (“Linked Sites”), in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is OpenHost making any representations or warranties regarding any Third Party Products, nor will OpenHost be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of OpenHost and OpenHost is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. OpenHost is not responsible for webcasting or any other form of transmission received from any Linked Site. OpenHost is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by OpenHost of the Linked Site.
OpenHost will always try to provide the best “Third Party” options to assist in clients endeavors in website design and hosting. We are not affiliated with those companies and merely provide a honest recommendation when asked.
LIMITATION OF LIABILITY
You specifically agree that OpenHost and their officers, directors, shareholders, licensors, related companies, employees, agents, subcontractors and attorneys (collectively, “Related Parties”) shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service. WITHOUT LIMITING THE FOREGOING TO THE MAXIMUM EXTENT PERMITTED BY LAW, OpenHost AND ITS RELATED PARTIES SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYEES, OFFICERS, SHAREHOLDERS, YOUR BUSINESS, RELATED COMPANIES OR INDIVIDUALS AND AGENTS, AS APPLICABLE, FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED OpenHost OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
OpenHost will not be responsible or any loss or damages incurred due to using any of the provided services.
INDEMNIFICATION
You agree to release, indemnify, defend and hold OpenHost and their Related Parties harmless from any liabilities, claims, demands, losses, costs and expenses, or damages, including attorneys’ fees, asserted by any third party (“Claims”) due to or arising out of your use of or conduct on this Site or the Service. Without limiting the generality of the foregoing, you specifically agree to release, indemnify, defend and hold OpenHost and their Related Parties harmless from any Claims due to or arising out of your use of the Site, indication of interest, registration or attempted registration of any domain name.
OpenHost will not be responsible or any loss or damages incurred due to using any of the provided services.
NO WARRANTIES
THE SERVICE AND THIS SITE, INCLUDING ANY SOFTWARE, CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, OpenHost DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OpenHost DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
OpenHost researches all products recommended to clients thoroughly and sometimes uses them as well. Still we do not provide any warranty and you are to use them at your own risk.
MODIFICATIONS
You acknowledge that the practice of registering and administering domain names are evolving, and therefore, you agree that OpenHost shall have the right, in its sole discretion, to modify the OpenHost Policies from time to time. Any such modification shall be binding and effective immediately upon posting of the modified OpenHost Policies on this Site. A notice will be sent to your registered account email address 30 days prior to the posting of such modifications. You also agree to periodically review this Site to be aware of any such modifications. OpenHost reserves the right to withdraw, suspend or discontinue, in its sole discretion, any functionality or features in this Site, including the cessation of all activities and services associated with this Site.
We review on a regular basis how we conduct business and from time to time we need to update the rules to ensure we set clear expectations of what our services offer to our clients. We reserve the right to update them as needed and will send notice 30 days prior to any updates.
GENERAL PROVISIONS
a) No Relationship Created.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenHost as a result of the Terms of Use or your use of the Service.
b) Compliance with Laws.
OpenHost’ performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of OpenHost’ right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by OpenHost with respect to such use.
c) Severability.
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
d) Electronic Form.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
e) Governing Law and Jurisdiction
The parties agree that these Terms are governed by Canadian Law and the Canadian Courts have exclusive jurisdiction.
By using our services it does not make us partners in any business venture but we are still friends.
OpenHost just like anyone else should respect the law and oblige when addressed by it.
Should there be anything stated that does not comply by law then assume there will be an adjustment to make it comply and that is what will be used in it place.
Any printed version of the Terms of Use can be used in court and you acknowledge that we are follow Canadian laws.