Conditions of Use

DOT CA INC - Service Agreement

Terms & Conditions

This agreement represents the complete understanding between DOT CA INC, (hereinafter called DOTCA) and the customer or customer's agent (hereinafter called CLIENT).

DOTCA agrees to keep an updated list of these terms and conditions, including changes, additions or removal of services on-line. DOTCA agrees to provide advance notification to existing CLIENTS of such changes to terms and conditions.

By submitting an on-line order form or by sending an email request for service, CLIENT acknowledges having read this agreement and agrees to be bound by its terms and conditions.

Services

DOTCA will provide domain registration, computer software, hardware, network and internet services to CLIENTS in exchange for payment of fees and compliance with the terms and conditions of this agreement. DOTCA reserves the right to refuse service to any new or existing customers.
DOTCA hosting services are defined as storage and maintenance of files and software on behalf of CLIENTS for access over the Internet. DOTCA custom programming services are defined by a project quotation issued by DOTCA and approved of by the CLIENT. DOTCA administration services are defined as providing file setup and DNS service for the website, reasonable customer service support and file update transfers, search engine site promotion, and submitting and maintaining ownership of a domain name at the request of the CLIENT. DOTCA does not assume any responsibility for the acceptance of the domain name. CLIENT acknowleges responsibility for 1) the accuracy and completeness of the information on order forms, 2) keeping the information current on update forms, 3) the legal right to register and use the domain name(s) registered, and 4) agrees to pay non-refundable domain registration fees, if applicable. CLIENT agrees to be bound by the Uniform Domain Name Dispute Resolution Policy found here and here for .uk domains when registering a domain and agrees that their domain will be governed by standards of performance and responsibility found here for .ca and found here for .tv and found here and here for .uk.

DOTCA agrees not to share CLIENT information with any third party except as required to register a domain or as required by law.

CLIENT agrees to obtain permission from copyright holders prior to submitting any Copyright material storage request to DOTCA. Material which is considered obscene in nature, prohibited by law or otherwise objectionable will not be stored by DOTCA. CLIENTS using DOTCA mail list services agree to only include recipients who have expressed interest in being on the list and agree to include a method for receipients to easily unsubscribe in every transmission. DOTCA reserves the right to terminate service for the distribution of unsolicited email.

CLIENT will direct DOTCA to CLIENT's development or ftp site or will send content via email or upload files via 24 hr FTP. DOTCA will perform a reasonable number of page updates throughout the year at no additional charge with turnaround times satisfactory to CLIENT.

In no event shall DOTCA be liable to the CLIENT for any damages of any kind arising out of the use or inability to use any DOTCA service. In the event of DOTCA' inability to perform hosting service which the CLIENT has paid for, DOTCA' maximum liability shall be limited to a prorated amount equivalent to remaining months of service and a one time transfer of backup files.

CLIENT agrees to indemnify and to hold DOTCA, and any third party entities related to DOTCA services, including Network Solutions Inc, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to the CLIENT's breach of any of the representations and warranties herein, or any other third party claim or related to any unauthorized use of CLIENT's password protected resources.

We give attention to your privacy and security a priority. You may use our free domain name search utility to check for domain name availability and browse our website without disclosing any personal information. We do not use cookies to store personal data nor do we link non-personal information stored in cookies with personal data. We do not collect information about our visitors from other sources, such as public records or bodies, or private organizations. We do collect the personal data you may volunteer when completing a form for service and this information is used to validate domain ownership or to contact you to provide you with details about your service and in advance of service expiry to give you the opportunity to renew. Personal information is not shared with any third party except as required to provide service or as required by law. You are notified in advance by registrar@dot.ca if the use of your personal information changes and your objection to any changes will be respected.

Our order forms collect both personal data (such as name and contact details) as well as credit card information through a secure server. Passwords are available (to recall your personal information, not credit card information) online by email via http://admin.DOTCA.com. If your email address changes before you are able to obtain a copy of your password, email registrar@dot.ca with the new email address. We have security policies, rules and technical measures to protect the personal data that we have under our control from: unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data. You may access a copy of your personal information via http://admin.dot.ca anytime by providing proof of your identity. Under no circumstances will we refuse to allow you access to your information or to change it. If you have any concerns about your security or privacy please contact webmaster@DOTCA.com.

Fees

Prices are stated in Canadian Funds unless otherwise quoted. Fees are billed in Canadian Dollars. Customers outside of Canada receive the benefit of the exchange rate through their financial institution.

Every order form lists the price the CLIENT agrees to pay for the service selected. Every order is replied to with an email receipt which lists services, the term of service and applicable fees for service.

Hosting, DNS and other administrative service payments are due in advance of receiving service.

Custom programming service payments are due 50% with approved project quotation and 50% within 30 days of project completion.

There is a $25.00 service charge for each returned cheque. There is a $50.00 service charge for administration for a chargeback. When payment is submitted by credit card, the CLIENT acknowleges that they have the legal right to use the card or are the owner of the card. DOTCA reserves the right to delay or interrupt service for non-payment of fees.

Domain registration fees, where applicable as well as fees to establish domain name ownership are non-refundable.

Annual services (website hosting, DNS, redirection and domain name ownership) will automatically renew on the anniversary date DOTCA starts providing the service unless notification to discontinue service is received from the CLIENT via email or regular mail. Renewal fees are due within 15 days of notification from DOTCA. Monthly services will automatically renew on or about the 15th of every month unless notification to discontinue service is received from the CLIENT via email or regular mail. For domain names, a minimum of 3 pre- and post-expiration notifications are emailed. DOTCA may, at it's discretion use additional phone, mail and fax domain renewal notifications methods. Fees, including multi-year and multi-domain volume discounts are available here.

DOTCA provides a 30 day money back guarantee from the date DOTCA starts providing the service however you may also discontinue service by sending email to registrar@dot.ca or by sending regular mail to DOT CA c/o TransCanada Network Services 2100 Bloor Street West, Suite 6007, Toronto, ON Canada M6S 5A5.

A compresensive fee schedule is available upon request, anytime.

Governing Law

This agreement shall be governed under the laws of the province of Ontario, Canada.