If you accept this agreement without reading it in its entirety, you are still bound by this agreement in its entirety.
The following is the entire service agreement between DrDesign and the personal or corporate account holder/customer (you/your).
DrDesign will provide you with storage space on a DrDesign server for hosting a World Wide Web site (site) according to a selected plan at the site drdesign.ca, in exchange for you paying the prescribed fee(s).
DrDesign will not sell your personal nor financial information to any third parties. DrDesign will not give your personal nor financial information to any law enforcement authorities nor legal agents without a proper court order, subpoena or warrant.
Any content on your site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by DrDesign, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to you; you agree not to engage in any activity that can overwhelm DrDesign servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts. If you exceed the bandwidth limit for the service subscribed to, you must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in the termination of your account, without any compensation to you. You may not use any images, marks nor other content on your site that is owned by any DrDesign partner, without explicit licence or consent from that partner.
You are liable for all content on your site, including the legality and preservation (i.e. making back-ups) of same.
You agree to abide by any amendments made to this agreement, from time to time, as posted at drdesign.ca.
E-mail service is subject to the following restrictions: you agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by DrDesign, in its sole discretion, to be offensive, disruptive, obscene or inappropriate; you will not exceed the allowable storage capacity of the e-mail account. If you exceed the allowable storage capacity, you must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage. You will not send spam mail (i.e. unsolicited e-mail). You will, at all times, be liable for the safeguarding of your password and account information and if you breach any term of this agreement, DrDesign reserves the right to delete your mailbox without any compensation to you.
You will, at all times, keep DrDesign apprised of your current contact and billing information.
WEBSITE SUSPENSION OR TERMINATION
If litigation or a similar adjudicative proceeding is commenced against you in respect to your site, upon receipt by DrDesign of a court-issued copy of such proceeding, your site will be temporarily deactivated. The deactivation period will last until you have filed an appropriate defence in respect to such proceeding, and provided DrDesign with a court-issued copy of same. If you fail to defend any such proceeding, your site will remain deactivated, without any compensation to you.
DOMAIN NAME REGISTRATION
Second-level domain names registered through DrDesign by you are governed by the terms located here.
The thirty-day Web hosting refund policy of DrDesign is subject to the terms located here.
NO REPRESENTATIONS OR WARRANTIES
Services are provided as is, without any representations or warranties of any kind either expressed or implied.
LIMITATION OF LIABILITY
DrDesign is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the DrDesign server, or losses or damages arising from the use of the content or services provided by DrDesign or third parties in connection with DrDesign. DrDesign is not responsible for any financial losses by you in association with your site.
You agree to indemnify and hold DrDesign harmless from and against, and to reimburse DrDesign with respect to, any and all losses of every nature whatsoever incurred by DrDesign arising out of (i) any breach of this agreement by you; (ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual property right of any person by content on the site; or (iii) illegal, libelous or defamatory content on the site.
Both you and DrDesign have the option to terminate this agreement at any time, upon providing five business days prior notice to the other. DrDesign may terminate this agreement at any time, without notice or compensation to you if you violate any term of this agreement, engage in illegal conduct, post illegal material, overwhelm DrDesign servers or central processing units (CPUs), or engage in any conduct DrDesign deems in its sole discretion to be disruptive or harmful.
This agreement is assignable to a third party by DrDesign upon notice to you. Such notice will be published on the Web site drdesign.ca.
Any billing discrepancies must be presented to DrDesign in writing (or via email) within seven days of the invoice issue date, in sufficient detail to permit DrDesign to investigate the dispute. Invoiced charges will be deemed undisputed if no notice is given to DrDesign within the seven-day period. Customer may not withhold payment of undisputed amounts.
Upon expiration, this agreement will renew automatically for the same duration as previously agreed to, unless you advise DrDesign otherwise prior to said expiration. Renewal fees must be received by DrDesign within 15 (fifteen) days of said expiration, failing which your site and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 90 (ninety) days of expiration, all site and e-mail content will be deleted and removed from DrDesign servers, without any compensation or notice to you. DrDesign reserves the right to not automatically renew any service plan.
The following terms apply: this agreement is governed by and construed in accordance with the applicable laws of the province of Ontario and the federal laws of Canada and is treated in all respects as an Ontario-based contract; the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract; any invalid, illegal or inoperative clause of this agreement will not affect the valid reading and application of all other clauses of this agreement; this agreement, together with the policies prescribed at drdesign.ca constitute the entire agreement between you and DrDesign; any term or condition of this agreement, which by its nature extends beyond the term or expiry of this agreement, survives the termination or expiry of this agreement; this agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument; DrDesign maintains the right to refuse service if it considers it would be disruptive to its business to provide such service; any failure by DrDesign in satisfying any provision of this agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and all remedies available to DrDesign under this agreement survive termination of this agreement without limitation.
DrDesign (“us”, “we”, or “our”) operates drdesign.ca (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number (“Personal Information”).
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
DOUBLECLICK AND OTHER COOKIES
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings page.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Google Analytics employs cookies to define user sessions, which allows for the collection of data about how visitors are using the websites. Google Analytics uses only first-party cookies for data analysis. This means that the cookies are linked to a specific website domain, and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior on that specific website. According to Google, the data collected cannot be altered or retrieved by services from other domains.
If you choose, you can opt out by turning off cookies in the preferences settings in your web browser.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send.
COMPLIANCE WITH LAWS
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
LINKS TO OTHER SITES
Our Site does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.