Terms of Service

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

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

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

VIII. Limited Liability

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.