Shaw Hosting Terms & Conditions

Welcome to Shaw Cablesystems G.P. web hosting services!

This is a contract between you ("you" or "your") and Shaw Cablesystems G.P.. It states the terms and conditions which apply to your purchase and use, in any manner, of the Shaw Cablesystems G.P. web hosting ,e-mail and domain services (collectively, the "Services").

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE "END-USERS"). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.

Shaw Cablesystems G.P. reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and todetermine whether and when any such changes apply to customers. Any changes or modification will be posted by Shaw Cablesystems G.P., and become effective upon posting of the revisions on the Site. Shaw Cablesystems G.P. will post a notice of such changes or modifications on the Site for thirty (30)days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following Shaw Cablesystems G.P.'s posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICESAND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.

1. Term and Payment for Services

1.1 Term and Termination. The Services are provided on a fixed term basis and shall be provided, unless Shaw Cablesystems G.P. receives additional payment from you, until the last day of the fixedterm ("Termination Date"). Either party may at any time terminate this Agreement, prior to the Termination Date, provided that Shaw Cablesystems G.P. will provide the Services until the Termination Date. Subject to 1.2 below, no credits shall be provided to you for the value of the Services between the date that you notify Shaw Cablesystems G.P. that you no longer wish to receive the Services and the Termination Date.

Notice of Termination. You must provide Shaw Cablesystems G.P. with notice of termination in writing bye-mail (from the email account specified by you when first ordering the Services). Any notice of termination will be effective thirty (30) days following Shaw Cablesystems G.P.'s receipt thereof.

1.2 Thirty-Day Refund Policy. If you terminate this Agreement within thirty (30) days of agreeing to be bound hereto, you shall receive a refund for all amounts paid by you to Shaw Cablesystems G.P. for the Services, excluding any amounts paid for Non-Refundable Amounts, as defined below. "Non-Refundable Amounts" include set-up fees, Miva Merchant license key fees, additional bandwidth charges and additional storage charges.

1.3 Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, Shaw Cablesystems G.P. will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. Shaw Cablesystems G.P. shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, Shaw Cablesystems G.P. shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by Shaw Cablesystems G.P..

1.4 Charges. You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by Shaw Cablesystems G.P.. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by Shaw Cablesystems G.P.. Shaw Cablesystems G.P. shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by Shaw Cablesystems G.P.. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Shaw Cablesystems G.P.'s net income.

1.5 Payment. All charges for the Services must be paid in advance according to the then current price applicable to the Services. When ordering the Services through the sign-up server at the Site, you must elect to pay for the Services by credit card. Shaw Cablesystems G.P. reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.

1.6 Credit Card Payment. When you pay for the Services by credit card, you expressly authorize Shaw Cablesystems G.P. or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and Shaw Cablesystems G.P. does not receive payment from the card issuer, you agree to pay all amounts due, upondemand by Shaw Cablesystems G.P.. You must notify Shaw Cablesystems G.P. of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Shaw Cablesystems G.P. from charging your account.

1.7 Failure to Pay. If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card payments, late charges of the lesser of one and one-half per cent(1.5%) per month (i.e. 18% per annum) or the maximum amount allowable under applicable law shall also become payable by you to Shaw Cablesystems G.P.. In addition, your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying Shaw Cablesystems G.P.'s immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating the Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.

2. Use of Services

2.1 Responsibility for Use. You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitationall activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services.You agree to immediately notify Shaw Cablesystems G.P. of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to Shaw Cablesystems G.P., as requested, to stop, prevent or remedy any breach of security.

2.2 Applicable Policies and Agreements.

The Shaw Cablesystems G.P. Acceptable Use Policy (appended to the end of this document) governs the general policies and procedures for use of the Services. This policy may be updated or amended from time-to-time.

2.3 Material and Product Requirements. You must ensure that all material and data placed on Shaw Cablesystems G.P.'s equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Shaw Cablesystems G.P.. Shaw Cablesystems G.P. will make no effort to validate any of this information for content, correctness or usability. In the event that your material isnot "server-ready", Shaw Cablesystems G.P. has the option at any time to reject this material. Shaw Cablesystems G.P. will notify you of its refusal of the material and afford you the opportunity to amend ormodify the material to satisfy the needs and/or requirements of Shaw Cablesystems G.P.. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not Shaw Cablesystems G.P.'s responsibility to provide this knowledge or customer support.

2.4 Bandwidth, Storage, and E-Mail Use. You agree that use of the Services hereunder will not exceed the bandwidth, storage and E-mail usage limits set out in the Site for the Services ordered by you. If you use any bandwidth or storage space in excess of the agreed upon numberof megabytes per month or if you exceed E-Mail storage and attachment size limitations, Shaw Cablesystems G.P. may, in its sole discretion, assess you with additional charges according to Shaw Cablesystems G.P.'s then current pricing policy, suspend the performance of the Services, or terminate thisAgreement. In the event that Shaw Cablesystems G.P. elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Warning messages will be emailed to you as you exceed 80% and 90% of your package's respective bandwidth and disk space limits. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.

2.5 Domain Names. As part of the Services, you will provide Shaw Cablesystems G.P. with a registered domain name or names or Shaw Cablesystems G.P. will register such domain name(s) selected by you, providedthat such domain name is available for registration and does not violate any registrar's policies, or any law or regulation. You agree to promptly reimburse Shaw Cablesystems G.P. for any fees paid by Shaw Cablesystems G.P. to any registrar with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Shaw Cablesystems G.P. will attempt to register with the registrar an alternative domain name chosen by you. You agree to be bound by the terms the registrar's then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of a domain name. The inability to use a domain name shall not entitle you to a refund by Shaw Cablesystems G.P. of any fees paid with respect to the registration of such unusable domain name. There is no charge for indefinite parking of domains on Shaw Cablesystems G.P. servers or to transfer to another service provider. However, in the event a domain that was registered by Shaw Cablesystems G.P. is transferredto another service provider, and requires manual intervention by Shaw Cablesystems G.P. support staff to complete the transfer, there will be an administrative transfer cost charged for each domain plus applicable taxes. Domain Parking does NOT include any hosting services. You may not submit your own DNS entries because Shaw Cablesystems G.P. is NOT a Registrar and hosting services for domain names residing on the Shaw Cablesystems G.P. system must be provided by Shaw Cablesystems G.P.. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment with respect to domain names will NOT be refunded or credited to your credit card. You are responsible for spelling a domain name correctly while registering it online. Shaw Cablesystems G.P. will not provide refunds or credits for misspelled domain names.

2.6 Miscellaneous Components. You acknowledge that the Services do not include, without limitation, content design, development, FTP master maintenance, uploading and publishing, CommonGateway Interface scripts and other such executables and that all of the foregoing are your responsibility. You may not compile or install binary files other than the ones provided by Shaw Cablesystems G.P.. Shaw Cablesystems G.P. does not make C compilers available and the PERL binaries provided will not have networking support (for example, socket ph, ftp.pl, etc.) You may use ftp to access your home directory for the purpose of installing and editing your web pages.

3. Intellectual Property Rights

3.1 Shaw Cablesystems G.P. Property. You hereby acknowledge and agree that all programs (in object codeand source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of Shaw Cablesystems G.P., its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. Shaw Cablesystems G.P. shall also maintain and control ownership of all Internet protocol ("IP") numbers and email addresses that may be assigned to you by Shaw Cablesystems G.P.. Shaw Cablesystems G.P. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and email addresses at any time.

3.2 Your Content. Shaw Cablesystems G.P. does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to Shaw Cablesystems G.P. or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to Shaw Cablesystems G.P. or any third party, using the Services, you have thereby granted Shaw Cablesystems G.P. a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Shaw Cablesystems G.P. for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement You expressly (a) grant to Shaw Cablesystems G.P. a license to cache the Content, and (b) agree that such caching is not an infringement of any of your rights or any third party's rights.

4. Enforcement

4.1 Investigation of Violations. Shaw Cablesystems G.P. may investigate any reported violation of this Agreement, its policies and guidelines or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its interests, including without limitation, its systems, servers, facilities, customers and/or third parties. Shaw Cablesystems G.P. willnot access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

4.2 Actions. Shaw Cablesystems G.P. reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Agreement, its policies or guidelines, third-party intellectual property rights or any laws. Shaw Cablesystems G.P. may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on Shaw Cablesystems G.P.'s systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distributionvia the Services, or (iii) other content not supplied by Shaw Cablesystems G.P.. It is Shaw Cablesystems G.P.'s policy to terminate Services to infringers. The above stated rights of action, however, do not obligate Shaw Cablesystems G.P. to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that Shaw Cablesystems G.P. has no obligation tocensor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In theevent Shaw Cablesystems G.P. takes action due to such possible violation, Shaw Cablesystems G.P. shall not be obligated to refund to you any fees paid in advance of such action.

4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Shaw Cablesystems G.P.'s systems and customers, or to ensure the integrity and operation of Shaw Cablesystems G.P.'s business and systems, Shaw Cablesystems G.P. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP address and traffic information, usage history, and content residing on Shaw Cablesystems G.P.'s servers and systems. Shaw Cablesystems G.P. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Shaw Cablesystems G.P.'s Privacy Policy and Shaw Cablesystems G.P.'ss right to disclose under this section, Shaw Cablesystems G.P.'ss right to disclose under this section will prevail.

5. Warranties and Disclaimers

5.1 Your Warranties and Representations to Shaw Cablesystems G.P.. You warrant, represent, and covenantto Shaw Cablesystems G.P. that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.Shaw Cablesystems G.P. DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although Shaw Cablesystems G.P. will use commercially reasonable measures to maintain the security of the Services, Shaw Cablesystems G.P. assumes no responsibility for the effectiveness of these security measures provided by Shaw Cablesystems G.P..

6. Exclusion and Limitation of Liability

6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Shaw Cablesystems G.P., ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "Shaw Cablesystems G.P. ENTITIES" AND EACH, A "Shaw Cablesystems G.P. ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE Shaw Cablesystems G.P. ENTITIES HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH Shaw Cablesystems G.P.'s SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE Shaw Cablesystems G.P. ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITYOF THE Shaw Cablesystems G.P. ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO Shaw Cablesystems G.P. BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (US$100.00) US DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Shaw Cablesystems G.P. HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE Shaw Cablesystems G.P. ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.

6.3 Interruption of Service. You hereby acknowledge and agree that Shaw Cablesystems G.P. and its suppliers will NOT be liable for any delay, outages or interruptions of the Services. Further, Shaw Cablesystems G.P. shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical electronic, communications or third-party supplier failure).

7. Indemnification

7.1 Indemnity to Shaw Cablesystems G.P.. You hereby release and hold harmless, and agree to indemnify, the Shaw Cablesystems G.P. Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the Shaw Cablesystems G.P. Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use theServices; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

7.2 Third Party Beneficiaries. You are hereby notified that the Shaw Cablesystems G.P. Entities are intended third-party beneficiaries of this Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.

8. General Provisions

8.1 Entire Agreement. This Agreement, including any domain registration agreements, documents, web sites, rules, terms, policies and guidelines referenced herein, constitutes the entireagreement between Shaw Cablesystems G.P. and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between Shaw Cablesystems G.P. and you with respect to such matters.

8.2 No Waiver. The failure of Shaw Cablesystems G.P. to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Shaw Cablesystems G.P. nor trade practice shall act to modify any provision of this Agreement.

8.3 Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and Shaw Cablesystems G.P., and the remainder of this Agreement shall remain in full force and effect.

8.4 Choice of Laws. This Agreement shall be governed by and construed in accordance with thelaws of the Province of Ontario without reference to rules governing choice of laws and the federal laws of Canada applicable therein. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts situated in the Province of Ontario in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph, is prohibited.

8.5 Successor Sites. All references to Shaw Cablesystems G.P. web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).

8.6 Assignment. Shaw Cablesystems G.P. may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.

8.7 Enurement. This Agreement will ensure to the benefit of and bind you and Shaw Cablesystems G.P. andits respective personal and legal representatives, successors and permitted assigns.

8.8 Currency. All monetary amounts expressed in this Agreement are in US dollars, unless otherwise expressly stated.

8.9 Cumulative Rights. The rights, powers and remedies of Shaw Cablesystems G.P. in this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to Shaw Cablesystems G.P. at law or in equity.

8.10 Survival. Any provisions, including without limitation the disclaimers of warranty and limitations and exclusions of liability contained herein, that by their meaning are intended to survive termination of this Agreement shall survive the termination of this Agreement.

8.11 Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between Shaw Cablesystems G.P. and you as a result of this Agreement or use of the Services.

8.12 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.

8.13 Notices. Any notices or other communications sent by Shaw Cablesystems G.P. to you shall be deemedto have been duly given and delivered to you when delivered by email to the account specified by you when first ordering the Services

Any notices or other communications sent by you to Shaw Cablesystems G.P. shall be deemed to have been duly given and delivered to Shaw Cablesystems G.P. when delivered by email.

PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.

THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Shaw Cablesystems G.P. ("Shaw Cablesystems G.P.", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services ("Services").

A. ACCEPTANCE:

1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;

2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO Shaw Cablesystems G.P. THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND

3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.

B. PROHIBITED CONDUCT

You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:

(a) Spamming

(i) Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming")

(ii) Maintaining an open SMTP relay

(b) Facilitating a Violation of this Policy

(i) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software

(c) Infringing Intellectual Property Rights

(i) Engaging in any activity that:

(a) infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities

(b) violates privacy, publicity, or other personal rights of others

(d) Obscene Speech or Materials

(i) Using Shaw Cablesystems G.P. Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. Shaw Cablesystems G.P. shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Shaw Cablesystems G.P. Services

(e) Promoting Violence or Injury

(i) Advocating, promoting or providing assistance in carrying out violence or any otherunlawful activity against any persons, animals or any governments, businesses or other entities

(ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances

(iii) Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property

(f) Defamatory or Abusive Language

(i) Using Shaw Cablesystems G.P.'s Services as a means to transmit or post defamatory, harassing, abusive, or threatening language

(g) Forging of Headers

(i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message

(h) Illegal or Unauthorized Access to Other Computers or Networks

(i) Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")

(ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)

(i) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks

(ii) Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment

(j) Export Control Violations

(i) Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States

(k) Illegal Activities

(i) Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software

(l) Gambling

(i) Engaging in or promoting gambling

(m) Promoting Intoxicants

(i) Illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance

(n) Instructing others in Prohibited Activities

(i) Providing instructions with respect to any activities listed in (a) through (n) above

(o) Other Activities

(i) Engaging in any other activity, whether lawful or unlawful, that Shaw Cablesystems G.P. in itssole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.

C. FAILURE TO ABIDE BY THIS ACCEPTABLE USE POLICY

Shaw Cablesystems G.P. reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. Shaw Cablesystems G.P. may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on Shaw Cablesystems G.P.'s systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by Shaw Cablesystems G.P.. It is Shaw Cablesystems G.P.'s policy to terminate Services to infringers. The above stated rights of action, however, do not obligate Shaw Cablesystems G.P. to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that Shaw Cablesystems G.P. has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event Shaw Cablesystems G.P. takes action due to such possible violation, Shaw Cablesystems G.P. shall not be obligated to refund to you any fees paid in advance of such action.