3947751 Canada Inc. D/B/A EntirelyDigital D/B/A CanadaResellerHosting.com Terms of Service
These Terms and Conditions apply to all CanadaResellerHosting.Com, EntirelyDigital.Com ("3947751 CANADA INC.") Internet sites which reference these Terms and Conditions, including without limitation: webnethosting.net, webnethosting.com, onlinemountain.com, connectmountain.com, www.canadaresellerhosting.com, www.canadaresellerhosting.ca, www.canadaresellerhosting.net, canadaresellerhosting.com, canadaresellerhosting.ca, canadaresellerhosting.net (each a "CanadaResellerHosting.Com" site). By using a CanadaResellerHosting.Com Site, or any of the products or services provided by CanadaResellerHosting.Com (collectively the "Services"), you agree, without limitation or qualification, to be bound by these terms and conditions.
- "We" "Us" or "Provider" or "3947751 CANADA INC." or "CanadaResellerHosting.Com" - 3947751 Canada Inc. D/B/A EntirelyDigital.
- "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for service or is a designate of anyone who applies for service.
- "Service" - Any product or service provided by 3947751 CANADA INC.
3947751 Canada Inc. offers reseller, partner and end user web hosting and email services.
This document describes our terms of service, services offered, and what transactions are required for those services. It describes your specific responsibilities that you should be aware of before signing up with 3947751 CANADA INC., and describes actions that are prohibited.
2. Acceptance of Terms
By signing up with 3947751 CANADA INC. service, you agree that you have read, understood, and comply with the terms of service described on this page.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. BY SIGNING UP WITH 3947751 CANADA INC. OR ORDERING ANY OF 3947751 CANADA INC. SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR USE OF 3947751 CANADA INC. SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONTRACTING WITH 3947751 CANADA INC. D/B/A ENTIRELYDIGITAL.
3. Service Description
3.1 Service Packages
3947751 CANADA INC. provides website hosting and email services. We offer several different hosting service packages, as described on the 3947751 CANADA INC. website . While these all use similar software, they vary in terms of the configuration (e.g. allowed number of email accounts, bandwidth, disk space, domains) and other resource limitations.
3.2 Provided Software
We normally will run the latest production versions of software on the hosting service, however, the hosting service may continue to use older versions of software after newer ones have been released. We may update software without any specific notice.
3.3 Domain Names
a. The domain name or web address (URL) used to access your service will vary with the hosting package you select.
b. You acknowledge and agree that 3947751 CANADA INC. may charge a one time $14.95 fee for any domain name registrations that are obtained using a promo code if the full hosting period incurs early termination. (Either via client request or 3947751 CANADA INC. abuse incident.)
c. You acknowledge and agree that 3947751 CANADA INC. shall not be liable for any direct, indirect, incidental, punitive or other consequential damages (including, but not limited to, lost profits or damages to goodwill) related to domain name registrations, domain name transfers, late domain name renewals, failure to renew domain names, lost domain names or stolen domain names, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if 3947751 CANADA INC. has been advised of the possibility of such damages.
3.4 Resource Usage
Disk space limits are described with each plan, and administrative tools are provided as part of the software to help you monitor and manage disk space. If needed, additional disk space may be added to a plan for an additional monthly fee.
Overusage will be billed in addition to your monthly or yearly hosting fees.
We reserve the right in future to set additional resource limitations on hosting plans, such as bandwidth restrictions, disk usage, email accounts, and so on.
3.5 IP Addresses
All IP addresses assigned to customers by 3947751 CANADA INC. remain permanent and sole property of 3947751 CANADA INC., and are to be used exclusively on 3947751 CANADA INC. equipment, datacenters and network. 3947751 CANADA INC. reserves the exclusive right to change or remove any and all such IP addresses (Internet Protocol numbers and addresses), in its sole and absolute discretion. If a customer cancels their services, or 3947751 CANADA INC. cancels their services, customers may not take or claim the IPs that they used with their services, rather the IP addresses will be reclaimed by 3947751 CANADA INC. and may be re-issued to other customers for future use.
3.6 Uptime Guarantee
3947751 CANADA INC. Provides a 99.9% network uptime guarantee for all of our hosting services excluding server or network maintenance. If we do not meet the 99.9% network uptime guarantee within any service month, we will provide a 10% credit to the requesting customer off your monthly service fees.
Service uptime credits are calculated as follows:
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 30% of your monthly hosting fee
3.7 Free Website Migration Service
Free website migration service is only for cpanel accounts from existing cpanel servers and are dependant upon the previous servers ability to use the cpanel backup account features. The free migration service is not guaranteed and 3947751 CANADA INC. makes no warranties that the migrated data will be usable, recent, accurate or error-free.
3.8 Support Requests
You acknowledge and agree that 3947751 CANADA INC. reserves the right to limit support in the event that the support request method or requested details for investigation of the support request are not adequately provided to 3947751 CANADA INC.. 3947751 CANADA INC. reserves the exclusive right to determine what request method is required for the support request (e.g. phone, email or trouble ticket support method). 3947751 CANADA INC. reserves the exclusive right to determine the required details for investigation of the support request. Support requests may be completed either by issue resolution, referral to third party, support request cancellation, advice for self correction or any other reason exclusively determined by 3947751 CANADA INC..
3.9 CPU, Bandwidth and Disk Usage
A. Permitted CPU and Disk Usage.
All use of hosting space provided by 3947751 CANADA INC. is subject to the terms of this Agreement and the Acceptable Use Policy.
i.Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. 3947751 CANADA INC. expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. 3947751 CANADA INC. may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of 3947751 CANADA INC. terms and conditions.
ii.Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
B. Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
4. Payment for Service
4.1 Monthly Payment
Service packages are provided in return for a monthly payment, as described in the specific hosting package you choose. Each payment covers the next month of service. All payments are due on the invoice date.
All payments are processed for us by credit card or PayPal, a veteran online secure payment processor. When signing up for your hosting package, you will authorize 3947751 CANADA INC. or PayPal to charge your credit card every month. PayPal charges will appear on your credit card statement from "PayPal". If you are unable to pay monthly via credit card or through PayPal, please contact us to make alternate arrangements.
4.2 Termination of Service
You may terminate your service with us at any time. You will no longer be billed in following months, but payments for the current month that have already been made will not be refunded. Customers enrolled in service agreements may incur charges for contract term completion.
Refunds are provided within 30 days of account signup at the sole discretion of 3947751 CANADA INC.. Any refund requests after the first 30 days of service will be provided at the sole discretion of 3947751 CANADA INC. and will require a written request with the exact reason for refund request. All refund requests will require a faxed or email copy of the credit card used for signup and a copy of valid photo id for fraud prevention. All approved refunds will require a 60 day processing period.
4.4 Late Payments
3947751 CANADA INC. may cancel, suspend or terminate your service without prior warning or notification for any payments that are 15 or more days late (15 or more calendar days after the invoice date). 3947751 CANADA INC. reserves the right to cancel, suspend or terminate any website, hosting account, reseller account or hosting server for late payment without prior warning or notification.
5. Administering the Service
5.1 Your Administrative Responsibilities
When using our service, you will be given select administrative access to your website hosting account. You should read and understand the sections in the software user manuals about administration. It is your responsibility to administer the hosting account as if you were running it yourself.
Remember that your materials will be hosted on a publically accessible server. You are responsible for security of your hosting account / website. In particular, 3947751 CANADA INC. provides facilities, described in the user manuals, for restricting who can access a site, modify a site, and how it can be accessed. Any software or scripts you upload to your hosting account or server (including any software or scripts contained within your hosting account or server) must be secure and must not allow remote access via css (cross site scripting) or vulnerable / insecure coding. Any website, hosting account or server found hosting insecure software or scripts will be suspended or terminated with or without notice. Any website, hosting account or server with insecure passwords will be suspended or terminated with or without notice.
a. You are responsible for making offsite backup copies of any data stored within your hosting account or server. While we will attempt to provide them, we do not guarantee that we will have backups available. We will particularly not be able to restore older copies of your data.
b. You can download current (within 24 hours) backups of your entire cpanel hosting account at any given time during active account status by using the cpanel backup tool within the cpanel control panel. If you need to restore the entire cpanel accounts content, you can then send us the cpanel backup archive file and we can use it to replace the current contents of your cpanel account. Cpanel accounts larger than 4GB may not be able to use the cpanel backup utility.
c. 3947751 CANADA INC. does not guarantee or warrant that the cpanel backup archive files will be available, suitable for restore or the data contained within the cpanel backup archive files will be usable, recent, accurate or error-free. 3947751 CANADA INC. does not guarantee or warrant that the cpanel backup tool / operation will be available during active or non-active account status.
Please see our FAQ / Knowledgebase for more information on downloading and uploading website content, cpanel backup archive files, ftp file transfers, etc.
d. 3947751 CANADA INC. makes no warranties that we will have data/content backups available. 3947751 CANADA INC. makes no warranties that the backups we have available will be suitable for restore or the data contained within the backups will be usable, recent, accurate or error-free. You are responsible for making offsite backup copies of your data and maintaining proper offsite backup archives of your data.
e. IN NO EVENT SHALL 3947751 CANADA INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DAMAGES RELATED TO DELETION OR CORRUPTION OF WEBSITE DATA, EMAIL DATA AND OR DATABASE DATA) ARISING OUT OF YOUR USE OR INABILITY TO USE 3947751 CANADA INC.'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF 3947751 CANADA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.4 Technical Support
We provide a variety of supporting documentation online that can assist you with problems. Additional technical support questions are handled by phone,email or instant chat.
5.5 Customer Software
You are responsible for all software, scripts, programs, content and data within your hosting account or server. 3947751 CANADA INC. is not responsible for any modifications to software, scripts, programs, content and data hosted within your hosting account or server. Any upgrades, changes or modifications to our plans, packages, server settings and resource limitations may conflict with the software, scripts, programs, content and data hosted within your hosting account and you agree that it is your responsibility to upgrade or modify the software, scripts, programs, content and data within your hosting account to conform with any upgrades, changes or modifications implemented within 3947751 CANADA INC. servers.
6. User Conduct
6.1 Full Responsibility for Your Hosted Site
You understand that you have full responsibility for your hosted site, including the actions of all users that access your materials.
In particular, you understand that all information, data, text, graphics, or other materials stored on your hosting account are your responsibility. 3947751 CANADA INC..Com does not monitor or control the content provided by the hosting service.
There are no set limits on the disk space or data transfer (bandwidth) that we provide in our shared and reseller hosting plans. We want you to have the resources you need to build a great online presence.
That being said, we do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth in the normal operation of a personal or small business website. While it is rare, we may need to put constraints on accounts that are using resources that impact other customers on the same server.
Typically, customers only run into issues if they use their accounts for storage or file sharing, which is not what our services are intended to support. In accordance with our Terms of Services the disk space and bandwidth you use must be integrated into the normal operation of your website.
For Example, customers who are affecting other clients or are using 25% or more of system resources for longer then 90 seconds would be in violation. Please see our TOS or contact us for complete details and restrictions.
6.2 Restricted Content
You and your users cannot upload, post or otherwise transmit any content that (a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (d) interferes with or disrupts the hosting service or networks connected to the hosting service.
You may not use this hosting service to violate intellectual property laws (e.g. distributing software cracks/warez, or RIAA/MPAA violations), or for any pornographic purposes.
6.3 Unsolicited Email / SPAM Email or Bulk Email
a. Unsolicited email, spam email or bulk emailing is not permitted within any of our hosting products / services. The use of 3947751 CANADA INC. servers or networks to transmit unsolicited email, spam email or bulk email is strictly forbidden. Under no circumstances is the transmission of unsolicited email, spam email or bulk email acceptable or tolerated.
b. Any transmission of unsolicited email, spam email or bulk email from our servers or networks can cause irreparable monetary damages. All damages caused by unsolicited email / spamming will be prosecuted to the fullest extent of the law.
c. Any client caught explicitly spamming, sending unsolicited email or bulk email from our servers or networks will have their account immediately suspended or terminated without notice.
d. 3947751 CANADA INC. reserves the right to cancel, suspend or terminate any website, hosting account, reseller account or server for any transmission of unsolicited email, spam email or bulk email from our network without prior warning or notification.
6.4 Unauthorized Content / Material / Scripts / Programs or Data
The following content / material is not permitted within our network. Any account or server hosting such content may be suspended, or terminated without notice.
- Pirated Software/Warez
- IRC Scripts/IRC Bots
- Proxy Scripts/Anonymizers or Anonymous Proxy Surfing Programs
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- File Dump/Mirror Scripts (similar to rapidshare, megaupload or hotfile)
- Audio file Hosting or Video file Hosting
- AutoSurf/PTC/PTS/PPC websites
- IP Scanners / IP Vulnerability Scanners
- Bruteforce Programs/Scripts/Applications/Databases
- Mail Bombers/Spam Scripts or Bulk Email Scripts
- Banner-Ad services (commercial or non-commercial banner ad rotation)
- Commercial Audio or Video Streaming
- Data Storage, Data Backups or Offsite Data Storage
- Escrow/Bank Debentures
- Bank Debentures/Bank Debenture Trading Programs
- High-Yield Interest Programs (HYIP) or Related websites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance / non controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Casino Sites
- Hacker focused sites/archives/programs/databases
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- 1 Click / push button mail scripts
- Broadcast or Streaming of Live Sporting/Racing Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Anonymous or Bulk SMS Gateways
You agree to indemnify and hold 3947751 CANADA INC., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content or material you submit, post to or transmit through this hosting service, your connection to the service, your violation of the terms of service, or your violation of any rights of another.
6.6 User Details
You agree to provide 3947751 CANADA INC. with updated and correct user details such as name, business name, mailing address, email address, and phone number. Any false or incomplete information provided to us will result in immediate account suspension or cancellation without prior warning or notification and that any upfront fees or payments may not be refunded.
3947751 CANADA INC. Requires that You be qualified to enter a legal contract. You agree that by signing up with any of 3947751 CANADA INC. products or services, You are at least eighteen (18) years of age. You agree that you will be held responsible for keeping all billing data accurate and up-to-date. Any misrepresentation made by You in respect of any data and/or information supplied by You during the registration process or after the registration process will result in immediate account suspension or cancellation without prior warning or notification and that any upfront fees or payments may not be refunded.
6.7 Excessive / Unreasonable Support Requests
You acknowledge and agree that 3947751 CANADA INC. reserves the exclusive right to cancel, suspend or terminate any website, hosting account, reseller account or hosting server for excessive support requests or unreasonable support requests. The determination of what requests constitutes excessive support requests or unreasonable support requests would be exclusively determined by 3947751 CANADA INC..
3947751 CANADA INC. Reserves the exclusive right to limit, at anytime and without prior notice, the type, quantity and availability of support provided to You for the Services purchased. Support shall include, but is not limited to; telephone, email, and ticket support.
6.8 Right to refuse service
You acknowledge and agree that 3947751 CANADA INC. reserves the exclusive right to refuse service to You for any reason without notice including, but not limited to the following reasons;
- Any violations of the terms of service.
- Harass, abuse, threaten or otherwise violate any legal rights of any employees of the Company, or its related partners or agents, or any other customer of the Company; attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation.
- Unreasonable support requests or excessive support requests.
6.9 Other Terms and Restrictions
a. High cpu usage and memory usage may result in the request to upgrade your service to a vps/dedicated hosting plan or account termination at the sole discretion of 3947751 CANADA INC..
b. You acknowledge and agree that the hosting service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 3947751 CANADA INC., you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part.
c. You acknowledge and agree that any web hosting or reseller hosting account that is using more than 15% of a servers resources (disk space, cpu usage, bandwidth or memory) or more than 15% of a servers total domains/cpanel accounts will result in a monthly overusage fee between $60 - $200 / month in addition to their regular hosting fees.
d. You acknowledge and agree that 3947751 CANADA INC. reserves the right to cancel, suspend or terminate any website, hosting account, reseller account or hosting server for any reason without prior warning or notification and that any upfront fees or payments may not be refunded.
e. You acknowledge and agree that 3947751 CANADA INC. reserves the right to cancel, suspend or terminate any domain name registration service for any reason without prior warning or notification and that any upfront fees or payments may not be refunded.
f. You acknowledge and agree that 3947751 CANADA INC. may charge a $20 - $40 abuse incident fee for any abuse related complaints, notifications or occurances related to your hosting service.
7. Modifications to Service
7.1 Software Updates
We will from time to time update the software running on the hosting service to newer versions. We make no guarantee on the timeliness of these updates, nor that we will provide notice ahead of time. In general, we attempt to implement our updates to be fully backward compatible with previous versions unless otherwaise noted.
7.2 Service Interruptions
From time to time, it may be necessary to interrupt the service for very brief periods for routine maintenance, upgrades or technical issues. In the event of longer interruptions, we will endeavour to minimize these interruptions to the best extent possible. 3947751 CANADA INC. is not responsible for any damages caused due to service interruptions or service unavailability.
7.3 Modification of Service Options
From time to time, we may review and modify options of our hosting plans. These modifications may include, but are not restricted to: introduction of new plans, discontinuation of old plans, changes to resource limitations, changes to features, and changes to pricing. We will attempt to offer at least 2 months notice to you before any substantial changes to your plan.
8.1 Personal Information
During registration for use of this service, we will ask for the name, phone number and email address of the person who will be the primary contact for the hosting package. This email address will be used to periodically send information deemed necessary for the operation and management of the chosen hosting package. For all hosting services we may ask for valid photo id for fraud prevention reasons or to properly identify the customer.
8.2 Data Collected
Through normal use of the hosting service, we will collect standard information such as your IP address, browser, and pages accessed. This information is used only in combination with that of other users, for statistical purposes and site maintenance and improvements.
The software also tracks information about the number of page views, edits, and downloads, which is made available to the administrator of each course or group. Additional material provided by users, such asaccess to pages, or uploaded files or images, are also of course stored and available to administrators.
8.3 Site Materials
You are responsible for the material within your hosting account(s), and are responsible for abiding by our User Conduct terms as described above. The software provides facilities whereby you can further protect your materials, for example using passwords. You should use these facilities, but understand that no security mechanism can be 100% reliable. Despite best efforts, whether through password guessing, flaws in the software or underlying operating system, or other means, it is possible that your data may be made available to others.
It is our policy to not monitor data stored by others on our hosting service. We will investigate all complaints we receive regarding content stored on the hosting service, this may include our own review of the content, and where deemed necessary, the delivery of your material to law enforcement officials.
8.4 Disclosure to law enforcement
3947751 CANADA INC. may disclose any subscriber/customer information to law enforcement agencies without further consent or notification to the subscriber/customer upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
9. Jurisdiction and Choice of Laws
This agreement shall be governed in accordance with the laws of the Province of Ontario. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario in the Territorial division of Brampton Ontario.
10. Force Majeure
3947751 CANADA INC. shall not be liable for any cause due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
11. Additional Terms
11.1 3947751 CANADA INC. reserves the exclusive right to change, amend, modify or revise any portion of this TOS policy at any time, with or without written notice to our customers.
11.2 If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
11.3 Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 3947751 CANADA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) 3947751 CANADA INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
11.4 Limitation of liability
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3947751 CANADA INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3947751 CANADA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11.5 Maximum liability for damages
MAXIMUM LIABILITY FOR DAMAGES
CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM 3947751 CANADA INC.. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF 3947751 CANADA INC. FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO 3947751 CANADA INC. BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE OR (B) THE SUM OF EIGHTY FIVE ($85.00 CDN) CANADIAN DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ALL OTHER TORTS. THE FEES FOR THE SERVICES SET BY 3947751 CANADA INC. HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE 3947751 CANADA INC. FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.