Terms and Conditions

1. ACCEPTANCE OF TERMS

Welcome to the IDEA website builder. This website creation and hosting service (the "Service"), is provided by Register.ca Inc., operating as "IDEA". Your use of the Service is subject to your agreement to these Terms of Service ("TOS"). IDEA reserves the right to update and change the TOS from time to time without notice or acceptance by you. You can view the most current version of the TOS at any time. Please review these Terms of Service from time to time so you will be apprised of any changes. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.

IDEA may also offer other services from time to time that may be governed by the terms of service of the respective service partners.

Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

2. DESCRIPTION OF SERVICE

The Service is web-based and registered users (each an "Account Holder") to create and update an online website on IDEA.ca. Once registered with the Service, each Account Holder receives his or her own Web Site to post Content" (as such term is defined in these TOS). Unless explicitly stated otherwise, any new features, including the release of new IDEA tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from IDEA, such as service announcements, administrative messages and the IDEA Newsletter, and that these communications are considered part of IDEA membership and you will be able to opt out of receiving them.

3. REGISTRATION

In order to use the Service, you must have a valid IDEA ID. To be an Account Holder with your own website, you must provide IDEA with a valid email address and other information ("Registration Data"). You agree to (a) immediately notify IDEA in writing of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IDEA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IDEA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDEA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are prohibited from using the Service.

4. CANCELLATION AND TERMINATION

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Web site and all information contained therein may be deleted by IDEA. IDEA accepts no liability for such deleted information or content.

You agree IDEA, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your website if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if IDEA believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted website (as applicable) and all its parts, at IDEA's discretion, will be terminated as well. IDEA may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice for any reason or for no reason at all. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that IDEA may immediately deactivate or delete your website, as applicable, and all related information and files. IDEA reserves the right to bar any further access to such files or the Service. You agree that IDEA shall not be liable to you or any third-party for any termination of your access to the Service.

5. REFUND POLICY

Monthly package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.

Yearly package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.

UNDER NO CIRCUMSTANCES WILL IDEA BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

6. IDEA PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

7. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

You are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify IDEA in writing of any unauthorized uses of the account or any other breaches of security. IDEA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will IDEA be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

8. CONTENT AND CONDUCT RULES AND OBLIGATIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not IDEA, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. IDEA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IDEA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that IDEA does not pre-screen Content, but that IDEA and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, IDEA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in IDEA's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDEA or submitted to IDEA. You acknowledge and agree that IDEA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of IDEA, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in IDEA's sole discretion as to what action should be taken.

You agree that you will not:

If any user is reported to be in violation with the letter or spirit of these terms, IDEA retains the right to terminate such account at any time without further warning.

9. ADDITIONAL SOFTWARE

With respect to any additional software that may be made available by IDEA in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.

You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.

10. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

11. CONTENT SUBMITTED

IDEA does not claim ownership of the Content you place on your IDEA website. By submitting Content to IDEA for inclusion on your IDEA website, you grant a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website on IDEA's Internet properties. This license exists only for as long as you continue to be a IDEA customer and shall be terminated at the time your Web site is terminated.

You acknowledge that IDEA does not pre-screen Content, but that IDEA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, IDEA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

12. ADVERTISERS

You understand and agree that the Service may include advertisements and that these advertisements are necessary for IDEA to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IDEA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IDEA has no control over such sites and resources, you acknowledge and agree that IDEA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IDEA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. INDEMNITY

You agree to indemnify and hold IDEA, and its subsidiaries, affiliates, officers, director's, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

15. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by IDEA.

16. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that IDEA may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.

17. MODIFICATIONS TO SERVICE

IDEA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that IDEA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

18. IDEA'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IDEA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

IDEA does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized IDEA representative, any material, information or idea you transmit to IDEA by any means may be disseminated or used by IDEA or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

19. SITE EDITS USING IDEA.CA SOFTWARE

IDEA.ca is unable to reverse any changes to any website constructed using our software. You acknowledge that any changes made to the site, including, but not limited to, widget placement, widget deletion, style changes, settings changes, theme changes, and template changes, are conscious modifications to the site appearance, and the only means of restoring the edited site to its former settings is to use the editor to delete, replace, or otherwise recreate the site as it appeared previously. No site changes will be applied to the live site unless the Publish button is clicked, at which point any edits will be applied and visible to the public.

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDEA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IDEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

22. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

23. GENERAL

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and IDEA shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and IDEA agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario, Canada. The failure of IDEA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and IDEA and govern your use of the Service, superseding any prior agreements between you and IDEA (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other IDEA services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.