TERMS AND CONDITIONS
All of the services provided by Servers.ca in this Agreement are collectively referred to as “Services”.

1. Servers.ca exercises no control whatsoever over the content of the information passing through its host computers and points of presence (Servers.ca Network) Servers.ca specifically denies any responsibility for the accuracy or quality of information obtained via Servers.ca's Network or any of its Services. Servers.ca disclaims any and all warranties, representation and conditions, either express of implied, for the Services, including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose. Servers.ca will not be responsible for any damage Customer suffers, whether direct or indirect. This includes loss of connectivity and loss of data resulting from delays, non-deliveries, mis-deliveries, or interruptions of any Services. Use of any information obtained via Servers.ca’ Network is at Customer’s own risk.

2. Customer agrees that Servers.ca shall not be responsible or liable for any damage that Customer or any other person may suffer in connection with communication of private, confidential or sensitive information through Servers.ca’ Network.

3. All pricing, invoices, and payments shall be in Canadian dollars. Payment is due 15 days after date of invoice. If any account remains unpaid 30 days after date of invoice, Servers.ca may, suspend or terminate any Services or terminate this Agreement.

4. Servers.ca Services are for the exclusive use of Customer and neither the Agreement nor any Customer’s rights or obligations under this Agreement nor nay Services may be assigned or otherwise provided by Customer to any other person without Servers.ca's’ prior written consent. Use of Servers.ca’ Network is restricted by Servers.ca’ Acceptable Use Policy (A.U.P.) available from Servers.ca at customers request. Servers.ca reserves the right to suspend or terminate any Services or terminate the Agreement for a violation of the A.U.P. effective upon notice to Customer. Customer agrees to indemnify and hold harmless Servers.ca from any losses, damaged, costs or expenses resulting from any third party claim or allegation (“Claim”) arising out of or relating to the use of any of the Services, including any Claim which, if true, would constitute a violation of the AUP. Customer agrees that although Servers.ca has no obligation whatsoever to monitor, review, screen, audit or otherwise verify content of the information passing through Servers.ca’ Network, Servers.ca shall have the right to undertake any such activities concerning compliance with the restrictions under this Agreement. Any access to other networks connected to Servers.ca’ Network must comply with the rules appropriate for that other network.

5. The provision of access service at any other particular connection rate does not constitute a guarantee of the end-to-end throughput or bandwidth available to Customer.

6. Customer will have sole responsibility for obtaining, installing and maintaining all equipment, software and/or communications services necessary for interconnection with Servers.ca’ Network or other wise for use in conjunction with ant of the Services. Customer will have sole responsibility for ensuring that such equipment, software and services are compatible with Servers.ca’ requirements and that they continue to be compatible with any modifications to any of the Services b Servers.ca from time to time.

7. Servers.ca may, from time to time, modify the charges (including late payment charges) or any other term or condition of this Agreement provided that it gives the Customer at least 30 days advance written notice. Customer agrees that an insert in or a notice on Customer’s Servers.ca invoice constitutes a sufficient notice to Customer. Customer agrees to pay the new charges and abide by the new terms and conditions described in such notice, or alternately, Customer may terminate this Agreement upon giving written notice to Servers.ca prior to the expiration of the 30 day period referred to above.

8. Servers.ca shall not be liable for any delay or failure in performance due to force majeure, which shall include without limitations acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts of omissions of vendors of suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond Servers.ca's’ reasonable control.

9. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable in such province.

10. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy under this Agreement shall operate as a waiver of such right or remedy; nor shall any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy granted under this Agreement or by law.

11. If any term of this Agreement, or the application of such a term to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such term to persons or circumstances other then those to which it is held invalid, shall not be affected thereby.

12. Customer will have sole responsibility to ensure that any web sites, configuration files, operating systems or any other data that is specific to Customer is backed up on a regular basis.

13. Servers.ca reserves the right to discontinue service or adjust service charges on accounts, which appear to be using excessive amounts of network resources.

14. First months payment, pre-authorized chequing information, signed service agreement, and setup fees (if applicable) must be received upon signup. Returned NSF items are subject to a $20 charge. All sales are final.