Terms of use

Access and use of the plateform

If you browse the Platform or use the Services, it means that you have read, understood and accepted the Terms of Use.

The Platform is accessible from most internet-connected devices (computer, smartphone, tablet, etc.) using the most popular browsers.

The service

The Platform is accessible at all times only to persons who have the capacity to enter into contracts, including, without limiting the generality of the foregoing, our services are available only to persons 18 years of age or older. If you are under the age of 18, you may not use the Platform. The Company also reserves the right to restrict the use of the Platform to Users who have been temporarily or permanently suspended. If you are registering on behalf of a company, you confirm that you are a duly authorized representative of that company.

The Platform may be temporarily unavailable due to updates or technical problems. The Company is not responsible for any interruption in service or updates. The Company will attempt to make updates when traffic on the Platform is at its lowest.

The Company does not warrant that the Platform, or any portion thereof, will operate on any particular computer hardware or device. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

The Company reserves the right to add, delete and modify all or part of the content on the Platform. The Company is not responsible for any mistakes, typographical errors or bugs. Each User created in the system is the owner of the content of his/her account. The Company reserves the right to delete an unused account (with no active services) after a too long period of inactivity.

Each User of the Platform agrees, without limitation, not to :

a) Use the Platform in any manner that could damage, disable, overburden or impair the Platform

b) Interfere with the security of, or otherwise abuse, the Platform or any services, resources, systems, servers or networks connected to the Platform or to any affiliated or linked sites or accessible through them;

c) Disrupt or interfere with any other service or affiliated or linked sites' use or enjoyment of the Platform;

d) Upload, post or otherwise transmit on the Platform any virus or other harmful, disruptive or destructive computer file or program;

e) Use foul, abusive, racist or homophobic language or promote such behavior or ideas on the Platform;

f) Use any robot, spider or other automatic device or manual process to monitor or copy the Platform pages or content;

g) Transmit through the Platform unsolicited email, chain letters, junk mail or other types of mass email; and

h) Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted. In addition, User agrees that it is solely responsible for all actions and communications undertaken or transmitted to or on behalf of User, and agrees to comply with all applicable laws with respect to its use of or activities on the Platform.

Users accounts

Account creation

The creation of a User account is required to purchase products or services on the Platform, to use the Services or to submit a technical or customer support request related to the Services.

A User account may have already been created by the Company on behalf of a previous User at the time of launching the new version of the Platform.

The User can create an account by filling in the form provided on the Platform.

A general information request does not require the creation of an account.

Information accuracy

The User undertakes to keep his contact information (name, address, email, telephone) up to date with the Company and to notify the Company within a maximum of ten (10) days when the information changes. The information can be modified from the Client Area on the Platform.

The User agrees that the Company may use and depend on the information provided by the User in order to provide its Services, in accordance with the Privacy Policy. In the event that the User provides invalid, misleading or incomplete information, or if the Company has reason to believe that the information is invalid, misleading or incomplete, the Company reserves the right to terminate the User's Services and close the User's account.

Account security

User is responsible for maintaining the confidentiality of User's login information, account number, username and password ("Account Access Data") and accepts full responsibility for all activities that occur under his account.

User is also responsible for the authorization codes (AUTH-CODE) for domain names linked to User's account, login and password information for access to hosting servers (control panel, FTP accounts, SSH accounts, email accounts, etc.), and all other authorization codes, login information, passwords and other confidential information listed in User's account.

User shall immediately notify the Company of any unauthorized use of User's account or any breach of security. User agrees that Company shall not be liable for any loss incurred as a result of third-party use of Account Access Data, whether known or unknown. The User also agrees that they may be held liable for losses incurred by the Company or a third party as a result of a third party's use of their Account Access Data. The Company encourages the User to keep the Account Access Data in a secure location and to take precautions to prevent others from accessing and/or using their Account Access Data. The security of the account or the Company's infrastructure or the Platform may not be compromised in any way.

User agrees to maintain its own backups of all data stored on the Platform or on the Company's servers and not to hold the Company liable for any loss, error or interruption of service, whether or not caused by the Company.

Content responsibility

User agrees to be solely responsible for the content stored in their hosting accounts. He accepts full responsibility for activity in his account, whether initiated by him or others on his behalf, or by any other means. The Company disclaims all liability for any activity in the User's account, whether or not permitted by the User. For more details on prohibited activities, please see the Acceptable Use Policy located here: INSERT HYPERLINK.

Account suspension

The Company may suspend any account that does not comply with these Terms in order to maintain a safe and secure environment for all its customers.

The Company will attempt to notify the User of any suspension. Under certain circumstances, the Company may suspend an account without notice in order to avoid problems that could affect other users or the health of its infrastructure.

Billing for the services offered by the Company is done by e-mail. Invoices must be paid no later than the date indicated on the invoice. Overdue invoices will result in the suspension of the User's account, followed by a 72-hour notice to make payment. A .00 fee will be charged to reactivate the account, in addition to payment of the overdue invoice. Any User who fails to make payment within the prescribed time frame may have their account suspended.

Account cancellation

The Company may terminate without notice any account that does not comply with these Terms in order to maintain a safe and secure environment for all its customers.

The Company will attempt to notify the User of any cancellation.

The User may cancel the automatic renewal of the hosting service by requesting a cancellation through the Customer Area at least 30 days prior to the expiration date of the hosting service. The cancellation request must include all the details necessary for The Company to correctly identify the account in question, including the full domain name and account type.

If the User has activated the automatic renewal of the domain name service, the User may cancel the automatic renewal by requesting a cancellation through the Customer Area, by phone or by email, 90 days prior to the domain name expiration date. The cancellation notice must contain the domain name for which the account is to be cancelled, the User name and the reason for the cancellation. These deadlines and information are necessary for the Company to have time to contact the domain name provider and forward the automatic renewal cancellation request to them.

Unused Account

The User is obliged to pay for his hosting account even if it is not or hardly used. Indeed, even if an account is not used, it occupies space and uses system resources that could be used by other customers of the Company. It is the User's responsibility to ask the Company to close his unused account.

Intellectual property

Unless otherwise indicated, all intellectual property rights (trademark, copyright, etc.) (hereinafter the "Intellectual Property") related to the Platform are the exclusive property of The Company or its partners. You may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of The Company or its partners, as the case may be.

Certain names, words, titles, phrases, logos, icons, graphics, designs, domain names and the like contained on the Platform may, among other things, be registered or unregistered trademarks or trade names (for the purposes of these Terms of Use, they are all referred to as "Trademarks"). These Trademarks are protected by Canadian and foreign trademark laws and are, as the case may be, the exclusive property of the Company or its partners.

Without limiting the scope, the intellectual property elements belonging to the Company include, but are not limited to, the following elements:

All logos, drawings, graphics, photos, videos, trademarks (registered or not), symbols, texts, expressions, words as well as all the general content of the Platform not already subject to intellectual property rights.

Unless otherwise specified, all information provided on the Platform is the property of the Company, and is protected by applicable laws. In addition, the information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted or used for derivative works, public or commercial purposes without the express written permission of the Company. The information is protected under the copyright and trademark laws of Canada and the countries that host the Platform.

These Terms of Use grant you permission to view, display on your computer, download and print the text and images presented on the Platform, provided that the content of the Platform is not modified for commercial, personal and educational purposes. This permission is solely yours and may not be assigned, transferred or sublicensed to any other person.

Images and text contained on the Platform that are downloaded, copied, saved or printed are still subject to these Terms of Use. You must ensure that all copyright and trademark notices are still included. The content of the Platform is subject to change at any time without notice. For further information on the authorization to use, reproduce or republish any information presented on the Platform, please contact us at INSERT EMAIL ADDRESS.

Nothing contained herein shall be construed as conferring any license or right upon User under copyright or trademark laws.

Any unauthorized downloading, retransmission, copying or modification of the Intellectual Property or data contained on the Platform may violate laws including trademark or copyright laws, and could subject the User to legal action.

User agrees not to upload illegal content to the Platform, including content that infringes on the intellectual property of others relating to copyright, trademark or patent. The User is responsible for any infringement against it regarding the legality of the content.

Subject to applicable law, the importation, creation, submission or storage of content by the User grants the Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license. This license authorizes the Company to host, use, modify, reproduce, publish, publicly perform, create derivative works from, or distribute your content. Under this license, the Company may only use your content in connection with the operation, promotion or improvement of its services. If you wish to terminate this license, simply delete your account. However, the content you have shared will still be visible to other Users: you can request its deletion, under certain conditions, from the contact person, whom you can contact at INSERT EMAIL.

Subject to applicable laws, content created, imported, submitted or stored by the User is the property of the User and the User is responsible for ensuring that it has the rights to use it.

Backup copies

For some services, at its discretion, the Company provides courtesy backups to protect the User's data. The Company provides automatic courtesy backups for most web hosting accounts. However, backups cannot be guaranteed and the Company cannot be held responsible for any lack or deficiency in the backup service. In order to limit system load, automatic backups may be disabled by the Company for any account that uses excessive resources, disk space or inodes (files or folders), at its own discretion, and without prior notice.

Notwithstanding the foregoing, the User agrees to regularly make backup copies on their own devices of all important data stored on their server. User may make a manual backup of their account from the server, but agrees not to preserve a manual backup on the server.

Acceptable use policy

By using the Platform and Services, including the Company's hosting services, the User agrees to comply with the following Company Acceptable Use Policy:https://www.domaineplus.com/en/acceptable-use-policy.

Domain Names

By using the Platform and Services, including the Company's hosting services, the User agrees to comply with the following Company Acceptable Use Policy: https://www.domaineplus.com/en/domain-name-policy

SSL certificates

The use and installation of SSL Certificates offered by the Company are subject to the terms and conditions of the SSL Certificate provider.

SSL Certificates are non-transferable, and non-refundable.

Web consulting service

The Web Consulting Service is a technical consulting, web programming and site maintenance service offered by the Company. It is billed at a rate established on the Platform or during communications with the Company's support team, by means of a quote.

When the Company is called upon to work on a system originally designed by a third party, the Company is not responsible for anything and offers no guarantee.

Furthermore, the Company is not responsible for the interpretation and use of the information transmitted during the consultation services, nor for the consequences that this may have on the User. The User is the only one responsible for the choices and actions that result from the use of the web consultation service. In any other case in which the Company could be found responsible, its liability will be limited to the amount of the invoice issued by the Company for the Web Consultation Service.

Dedicated ip address

All dedicated IP addresses assigned to the User must be maintained in accordance with ARIN standards and regulations (https://www.arin.net/policy/nrpm.html).

With web hosting, reseller hosting and WordPress hosting services, the User will be assigned a shared IP address. Thereafter, the User may request one (1) dedicated IP address per hosting account.

Although a dedicated IP is no longer required for SSL Certificates, the Company reserves the right to evaluate the appropriateness of any request for a dedicated IP address, and to deny such requests if they do not comply with ARIN regulations. The User is aware that the Company rarely grants dedicated IP addresses and that additional fees may apply if a dedicated IP address is granted. The Company retains full control and rights to assigned IP addresses at all times, and reserves the right to change or remove assigned addresses without prior notice. A change of dedicated IP address may result in up to 24 hours of downtime for the User's website due to DNS propagation.

Website transfers

In most cases, the Company can help the User move a website from a compatible external provider to its servers. However, if the User requires a turnkey transfer service, it is possible to request an estimate from the Company. Transfer fees are charged according to the complexity and number of hours required.

The Company cannot make any guarantee as to the availability, accuracy, possibility, or time required to complete such a migration. Each hosting company is different, and some hosting platforms store data in incompatible or confidential formats which may make it difficult or impossible to migrate some or all of the data in an account. In some cases and due to technical reasons beyond the Company's direct control, the Company may be unable to assist the User in transferring data from the former hosting provider.

Indexation in search engines

The Company is not directly associated with any search engine, and is not responsible for your website's ranking in search results.

External links and partnerships

It is possible that by using a hyperlink, the User leaves the Platform to access external content (hereinafter referred to as "External Websites"). In addition to its own content, the Company provides Users with links to External Websites solely for the User's convenience and information. The Company has no control over the content of these External Websites and does not assume any responsibility for their accuracy, precision, completeness, authenticity, timeliness or suitability. The Company shall not be liable for any direct or indirect damage or consequences arising from the use of the contents of these External Websites. The Company has no influence whatsoever on the contents of the linked external websites and accepts no responsibility for the careful selection of the contents of the external links, in particular for those that have been changed after the link was set up. The Company does not require the transmission of information, does not select the recipients of the transmitted information or the information itself, and does not modify it. In addition, the Company does not automatically save these external links on a short-term basis in accordance with the current method of creating and viewing links. Therefore, the responsibility for the content of external websites accessible via external links lies exclusively with their operators.

In addition, the Company cannot guarantee that these External Websites or their contents are free of any violation of any law, including the violation of copyrights or trademarks or the rights of third parties, or that they are free of viruses or other harmful components.

No warranty is given as to the authenticity of the materials available on the Internet.

The Company, reserves the right from time to time and at its sole discretion, to enter into partnerships with third parties. These partnerships, with no guarantee of duration, may provide benefits to Users. However, under no circumstances shall Users have any right to maintain the Company's partnership with a third party. Users have no recourse against the Company under these partnerships, even if the terms of the partnership are modified or terminated without notice.

Social media

The following terms apply when you access a social media page, User account, website, network or any application contained therein that has been designed and operated by a social media (individually, a "Social Media" and collectively, "Social Media").

General statement

By using the Social Media pages and submitting a comment, photo, video or other material, you (and your parent/legal guardian if you are under the age of majority in the province or territory in which you reside) agree to be bound by and comply with The Company's Terms of Use and Privacy Policy and the Terms of Use of third-party Social Media providers.

Social Media Terms of Use

Some of the comments and other materials posted on the Social Media pages may not represent the views of The Company. Therefore, you agree not to post or submit any information, postings, links or other materials of any kind to the Social Media pages that fall into any of the categories described below with respect to the Company:

• Any defamatory content;
• Any abusive content;
• Any forged content;
• Any obscene content;
• Any deceptive content;
• Any illegal content;
• Any content that oherwise violates the rights (including privacy rights) of others;
• Any content that contains advertising;
• Any promotional materials or any form of unwanted solicitation;
• Any content whose origin or source is falsified;
• Any financial or personal information about you or any other person; and
• Any information that the Company deems to be in violation of the Terms of Use.

Any information, message, link or element that the Company considers to belong to one of the above categories will be deleted immediately, without any liability to the Company.

Furthermore, the Company does not assume responsibility for filtering messages posted on Social Media.

The Company disclaims all liability with respect to entities that own or operate Social Media, including for any direct or indirect loss or damage arising from any action or decision made by you or any other person in connection with the use of Social Media websites.

Disclaimer, warranty exclusion and indemnification

The Company does not warrant the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided "as is" without warranty or condition of any kind, either express or implied, including, but not limited to, implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of warranties.

The Company is not responsible for the content posted on the Platform by Users and for any damages that may result from it. Each User is responsible for the content he/she exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

When the User is a consumer within the meaning of the Quebec Consumer Protection Act, the latter does not allow the exclusion of guarantees and the non-liability of the Company for certain damages. In this case, the User has additional rights and is not subject to certain limitations mentioned below.

Except in cases where the Consumer Protection Act is applicable, the Company shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profits or anticipated economic benefits, arising out of the use of or inability to use the Platform, the information, documents and software contained therein, with their content, even if the Company has been advised of the possibility of such damages or even if such damages can be reasonably anticipated.

As a User, you will indemnify and hold harmless the Company, and, where applicable, its directors, officers, shareholders, partners, employees, agents, consultants, and other stakeholders of the Company, from and against all claims, liabilities, losses, and expenses (including legal fees) arising out of your use of the Platform and/or violation of these Terms of Use, whether such violation is by you or any third party user of your account.

You may not use or export the Information or any copy or adaptation of the Information in violation of any applicable laws or regulations.

Disclaimer and limitation of liability

EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SERVICES OR PRODUCTS OFFERED OR RENDERED BY THE COMPANY, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE COMPANY'S PLATFORM, CONTENT AND RELATED SERVICES AND (II) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, SUBJECT TO THE WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, BY USING OR ATTEMPTING TO USE THE COMPANY'S PLATFORM, USER EXPRESSLY ACKNOWLEDGES THAT THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR PRODUCTS RENDERED OR OFFERED BY THE COMPANY, EITHER DIRECTLY OR THROUGH A RESELLER, AND WITH RESPECT TO THE CONTENT OF THE PLATFORM: (I) NO WARRANTY OR REPRESENTATION IS MADE WITH RESPECT TO THE CONTENT OF THE COMPANY'S PLATFORM AND ITS CURRENTNESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO PLATFORM USERS, THE COMPANY INCLUDES LINKS TO OTHER WEB SITES OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO ENDORSEMENT OR REPRESENTATION WHATSOEVER REGARDING THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT OF SUCH WEBSITES, AND USERS HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO SUCH WEBSITES; AND (III) THE COMPANY MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN SERVICES WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PARTY OR FOR ANY DAMAGES OR INJURY ARISING OUT OF (INCLUDING, WITHOUT LIMITATION) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, OR ANY SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, WITH RESPECT TO THE PLATFORM OR ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA CONTAINED IN YOUR INFORMATION MANAGEMENT SYSTEM, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHILE THE COMPANY STRIVES TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS MAY OCCUR. IF THE COMPANY NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND AFFECTED USERS WILL BE NOTIFIED ACCORDINGLY.

Complete contract

These Terms, together with the related policies available at https://www.domaineplus.com/en/terms-and-conditions, as well as the service agreements executed by the parties constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior proposals, discussions and writings between the parties. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING. In the event of any dispute or discrepancy between these Terms, any attachments and/or any Service Agreement, the Service Agreement shall take first priority and these Terms shall take second priority in interpreting the rights and obligations of the parties.

Force majeure

The Company will make every effort to keep its Platform and Services operational. However, certain technical difficulties and other factors beyond its control may, from time to time, cause temporary interruptions in service. The User agrees not to hold the Company liable for the consequences of such interruptions.

Modification of this terms and conditions

We will occasionally update these Terms of Use. Continued use of the Platform constitutes the User's agreement to these Terms of Use and any updates.

The User accepts and acknowledges that The Company reserves the right, at any time and without prior notice, to modify, change or update the Terms of Use. If the User objects to any modification made to these Terms of Use, he/she must cease all use of the Platform. The Company will attempt, to the extent possible, to inform Users of any changes to these Terms of Use. However, it is the User's responsibility to review these Terms of Use on a regular basis to be aware of any changes. However, the Company will notify the User thirty (30) days prior to any changes to these Terms of Use coming into effect. This notification will be made via a banner on the Company's website. If the User refuses these modifications and no longer wishes to use the Platform, he must cease all use of the Platform.

However, where the Consumer Protection Act applies, the Company shall notify the Platform Users thirty (30) days prior to the entry into force of the modification of these terms and conditions. If the User refuses these modifications and wishes to terminate the contract, he or she shall have no more than thirty (30) days following the coming into force of the modifications to send a notice to the Company and terminate, without charge or penalty, his or her obligations to the Company.

Interpretation

The headings of the foregoing sections are inserted for convenience of reference only and shall not affect the construction or interpretation of the provisions of these Terms of Use.

Wherever the context requires, words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa.

Contact

If you have any questions or comments regarding any content on the Platform, please contact us at support@domaineplus.com.

Divisibility

If any provision of these Terms is unlawful, void or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any other provision.

Applicable law and jurisdiction

These Terms, and their interpretation, are subject to the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties shall irrevocably submit any disputes arising out of this Policy to the courts of the District of Montreal, Province of Quebec, including disputes regarding the interpretation of the Terms and their effect on the user.

Last update 2022-07-05.