Ocean Digital Corp provides Service(s) to Clients subject to and as set out in a written Agreement between Ocean Digital Corp and each Client and these Terms & Conditions.
Provision of Service(s)
- Ocean Digital Corp reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between Ocean Digital Corp and the Client under this Contract.
- These Conditions together with any terms set out in the Agreement between Ocean Digital Corp and the Client constitute the entire agreement between the parties, supercede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
- Canadian law shall apply to any Contract unless specifically stated otherwise, and the parties agree to submit to the exclusive jurisdiction of Canadian courts.
- Ocean Digital Corp reserves the right to review and revise these Conditions from time to time without prior notice.
- Ocean Digital Corp may at any time without notifying the Client make any changes to the Service(s) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and or quality of the Service(s).
- All charges quoted to the Client for the provision of the Service(s) are exclusive of any Government Sales Taxes, for which the Client shall be additionally liable at the applicable rate from time to time.
- Ocean Digital Corp warrants to the Client that Service(s) will be provided using reasonable care and skill and as continuously as reasonably possible, at all times subject to restrictions resulting from third parties (whether as a result of their action or inaction). Where Ocean Digital Corp supplies Service(s) in connection with services or goods supplied by a third party, Ocean Digital Corp does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. However, where possible, the benefit of any warranty, guarantee or indemnity given by the supplier of goods/services to Ocean Digital Corp will be assigned to the Client.
- Ocean Digital Corp shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipment or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
- The entire liability of Ocean Digital Corp under or in connection with any contract for Service(s) shall not exceed the amount Ocean Digital Corp charges for the provision of the Service(s), except as expressly provided in these Conditions.
- Ocean Digital Corp shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Ocean Digital Corp’s obligations in relation to the Service(s), if the delay or failure was due to any cause beyond Ocean Digital Corp’s reasonable control.
Ownership of Information
All Client information, mail messages and other data stored on Ocean Digital Corp equipment is treated as private and solely the property of the Client at all times (with the exception of any work that has not been paid for in full – see the relevant sections below for full conditions) and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purposes of Ocean Digital Corp back-up routines and/or providing the Client with support services or as required by the law.
- Domain names registered on the Client’s behalf are at no time the property of the Client or Ocean Digital Corp. The Client, upon registration, merely receives the right of use of such name(s) for such time as it (they) are:(a) validly registered to the Client and
(b) paid for in full.This provision is subject to such rules of the duly appointed Naming Committees/Organisations as are in force from time to time.
- The Client shall meet all third party costs arising from the registration of a domain name.
- Ocean Digital Corp does not charge fees to release control of a domain name (commonly referred to as ‘transfer-out’ charges); however control of a domain will not be released if there are monies owing to Ocean Digital Corp for any Service(s) provided to the Client.
- There are absolutely no refunds on domain names. This is regardless of length of time purchased, or any spelling errors that may have been made.
- Where there might be a conflict between these terms of service and CIRA’s Registrant Agreement, CIRA’s terms apply.
- Hosting is payable on monthly, quarterly, semi-annual, or annual terms, payable in advance, unless a separate contract is agreed in writing.
- The minimum period for the provision of this service is 1 months from the date of acceptance; the expiry date of the service will be clearly stated in the invoice issued regarding the service.
- Ocean Digital Corp shall be entitled to restrict bandwidth available to the client at any time to protect all clients from time to time where necessary.
- Ocean Digital Corp will turn off hosting services if they are not paid for promptly.
At least one reminder will be sent to the Client’s last notified contact address before this action is taken.
Should services be suspended a $50 re-activation fee will be liable. This fee, together with the full amount outstanding for hosting, must be received as cleared funds before the service is re-activated.
- Regular backups are made on all servers. However, where Ocean Digital Corp is not directly responsible under specific monthly contract for the maintenance of a Client’s web site, Ocean Digital Corp shall have no liability for loss of data, graphics or any other item in connection with site. It is the owner of the site’s responsibility to assure that he/she has all relevant material backed up.This does not apply to sites maintained by Ocean Digital Corp, where Ocean Digital Corp shall keep up-to-date back-ups of all site material for so long as the maintenance contract remains in place.
Where Ocean Digital Corp has designed / constructed a website then backups will be kept. However if the Client subsequently carries out work (or has further work carried out) then Ocean Digital Corp is not responsible for making further backups of the latest version of a website.
- Where third party or ‘open-source’ software (such as a forum) has been installed and Ocean Digital Corp becomes aware that there is a security vulnerability in this software which could lead to unauthorized access to all or part of a server, the client will be informed of the need for improvements to be made (usually this means upgrading to the latest version of the software). Ocean Digital Corp is entitled(a) To charge for upgrades or modifications (although always with the client’s prior written consent)
(b) to suspend the service if the client, after being informed that the software poses a security threat to the server, takes no action to have the threat removed within 2 days.
If Ocean Digital Corp. determines, in their sole discretion, that the vulnerability puts any systems at unsatisfactory risk, immediate actions may be taken to disable or otherwise remove said software from the system.
- Ocean Digital Corp. does not allow the hosting or linking to of any illegal of copyrighted material (this includes warez, software cracks, copyrighted movies or music, etc). Ocean Digital Corp also does not allow IRC clients or bots, hosting torrents or running torrent trackers, or the running of any proxy server software. If Ocean Digital Corp. determines, in their sole discretion, that such software exists within a client’s account, the account will be shut down immediately and a refund will not be issued.
- Mail awaiting delivery is stored securely and is non-accessible to other internet users. However, once the Client’s decrypted data passes onto the internet, it is no longer secure and is open to unscrupulous use
Ocean Digital Corp cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Client and Ocean Digital Corp recommends the use of encryption for transfer of sensitive data or information.The Client undertakes that the Client’s data (whether stored or sent over the internet) will not contain anything obscene, offensive or defamatory. The Client will indemnify Ocean Digital Corp and keep Ocean Digital Corp fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to Ocean Digital Corp as a result of any breach of the said undertaking.