Web Hosting – Terms of Service

The use of services from Compudata Systems London Inc. [hereafter referred to as Compudata], and its subsidiaries, constitutes agreement to these terms.

1.a. Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Compudata, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Compudata is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

1.b. Ownership

The credit card holder of which is utilized for payment on the account is designated as the authorized owner of the account.

1.c. Transfers

Compudata will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

1.d. Dedicated IP Address Allocation

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.  With the introduction of SNI, dedicated IP addresses are generally not required.

1.e. Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Compudata is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2. Content

All services provided by Compudata may only be used for lawful purposes. The laws of the Province of Ontario and The Government of Canada apply.

The customer agrees to indemnify and hold harmless Compudata from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email Compudata with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, etc)

Compudata services, including all related equipment, networks and network devices are provided only for authorized customer use. Compudata’s systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Compudata system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Compudata may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

Sites hosted on compudata.ca’s service(s) are regulated only by Canadian law. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Compudata is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Canadian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

Internet services providers like compudata.ca and many of compudata.ca’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, compudata.ca should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under compudata.ca’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us via email and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

  • Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
  • Direct customers: Your services will be terminated with or without notice.
  • Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.a. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the  ROKSO  may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Compudata reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Compudata reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Compudata.

3.b. Mail Policy Limits

There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user’s connecting IP address. If you exceed this you may be unable to log in again for an hour.
Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

3.c. Mailing Lists Rules

  1. Mailouts from any mailing list must be limited to 500 emails per hour. We recommend throttling the sending of mail to reduce the load on the server. If a mailout on a shared server causes a high load, and interrupts service, the process will be terminated and the account may be suspended.
  2. Large mailouts from lists consisting of over 1000 email addresses are only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.
  3. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
  4. Any mailing list MUST comply with all guidelines set forth by the Canadian Government.
  5. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

4. Payment Information

You agree to supply appropriate payment for the services received from Compudata, in advance of the time period during which such services are provided. You agree that until and unless you notify Compudata of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be made in writing via email, or through the billing portal at https://cloudservices.compudata.ca. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled, or via the portal. If you cancel using our ticket system, your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, please contact us immediately via phone. We require that cancellations of service are done online to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Compudata it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Compudata of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Compudata. Compudata reserves the right to bill your credit card or billing information on file with us. Compudata provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Compudata for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Compudata cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.

Compudata reserves the right to change the monthly payment amount and any other charges at any time.

5. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Compudata is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Compudata servers. 

6. Cancellations and Refunds

Compudata reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Canadian dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Compudata is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via email to support@compudatasystems.ca, or through the Cloud Services console at https://cloudservices.compudata.ca. Cancellations requested for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Refunds are issued at the discretion of Compudata. If eligible, refunds are determined once the account has been canceled. Payments older than 60 days may require a refund via mailed check due to our merchant account policies and procedures. There are no refunds on domain name registrations, dedicated servers, administrative fees, and install fees for custom software.

7.a. Resource Usage

Server resource usage is artificially limited on a per-account basis to help prevent one account from impacting the performance of other accounts.  While this works to limit most account abuses, there are some situations where one account may impact other or all accounts on the server.  Compudata reserves the right to immediately suspend accounts which are, for whatever reason, causing excessive load or impact to the server, without warning or promise of remediation.  It is the responsibility of the client to ensure the account is not exceeding resource usage.  Once remediation has been implemented, the client may contact Compudata support to have the account reinstated.

7.b. INODES

An inode represents a filesystem object in your hosting account such as an HTML file, a picture, an email, or even a folder. Excessive inode usage can negatively impact server performance, so Compudata imposes restrictions based on the terms of the plan in use. Accounts that slightly exceed these ‘soft’ limits are unlikely to be suspended, however, if continued excessive abuse occurs, and nothing is done to correct the issue, the offending account may be suspended without warning.

The primary cause of excessive inodes tends to be due to email accounts which are never checked and emptied, or IMAP users who never delete old emails. Over time, thousands of messages can accumulate, eventually pushing the account past our inode limits. To resolve this, configure your email client to delete email off the server as it ages. Also, make certain your ‘catchall’ account is either disabled, or checked and emptied regularly. To disable your default mailbox, login to cPanel and in the “Mail” area, click “Default Address”, “Set Default Address”, and then check the “Discard” option, and make the failure message “No Such User Here”.

7.c. Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. 

7.d. Unlimited Transfer and Storage

The following section outlines what unlimited means with regards to our shared hosting services, particularly with respect to storage and monthly data transfer. Some of our plans do not place hard limits on the use of storage and monthly data transfer with shared hosting services. This allows our customers flexibility with website traffic and data storage. Shared hosting accounts are not intended for sites that sustain high traffic or extreme use of storage. If a site is found to be exceedingly large or busy on a constant basis, we will recommend a new hosting option, or request that changes in the use of the hosting package be made. If this request is ignored, we may be forced to suspend abusive accounts. In most cases, our server will throttle excessive use, and while the effects of this are not noticeable on accounts that meet the intended use of our hosting plans, it will be noticeable on abusive sites, especially those with extremely excessive traffic volume. In these situations, it will be very evident why a different solution would be recommended. 

8. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9. Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Compudata does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Compudata will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

10. Shared (non-reseller accounts) / Semi-Dedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

11. Dedicated Servers

Compudata reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Compudata reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@compudata.ca if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

12. Price Change

Compudata reserves the right to change prices listed on compudata.ca, and the right to increase the amount of resources given to plans at any time. Compudata will provide a fair 30 day warning by the client’s registered contact email before increasing the price of an existing plan.

13.a. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Compudata harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Compudata, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Compudata against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Compudata; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Compudata’s server.

13.b) Arbitration

By using any Compudata services, you agree to submit to binding arbitration. If any disputes or claims arise against Compudata or its subsidiaries, such disputes will be handled by an arbitrator of Compudata’s choice. An arbitrator from the Canadian Arbitration Association will be selected in the Province of Ontario. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Commercial Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. 

14. Web Services and Development Terms and Conditions

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by CDS Design by Compudata ® for its clients.

14.a. Our Fees And Deposits

A 40% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 60% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 40% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

14.b. Supply of Materials

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

14.c. Variations

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $95.00 per hour.

14.d. Project Delays and Client Liability

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

14.e. Approval of Work

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 60% balance of the project price will become due.

14.f. Rejected Work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

14.g. Payment

Upon completion of the 7-day review period, we will invoice you for the 60% balance of the project.

14.h. Warranty by You as to Ownership of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

14.i. Licensing

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

14.j. Search Engines

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

14.k. Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

14.l. Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Compudata under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14.m. Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

14.n. Non-disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.  Please see our Privacy Policy for additional details: Compudata Systems London, Inc. Privacy Policy

14.o. Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

14.p. Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

14.q. Ownership of Domain Names and Web Hosting

We will supply you with account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

14.r. Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Ontario, Canada. You and Compudata submit to the non-exclusive jurisdiction of the courts in and of Canada in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

14.s. Cross Browser Compatibility

By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

14.t. E-commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Compudata and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

15. Disclaimer

Compudata shall not be responsible for any damages your business may suffer as a result of using our services. Compudata makes no warranties of any kind, expressed or implied for services we provide. Compudata disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Compudata and its employees.

16.a. Privacy

Compudata upholds the privacy requirements of PIPEDA and associated privacy laws of the Government of Canada.  Please refer to Compudata’s Privacy Policy for additional information: Compudata Systems London, Inc. Privacy Policy

16.b. Disclosure to law enforcement

Compudata may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. Please refer to Compudata’s Privacy Policy for details: Compudata Systems London, Inc. Privacy Policy  

17. Changes to the Terms of Service

Compudata reserves the right to revise its policies at any time without notice.