Totalconnect’s Customer Service Agreement (Terms of Service)
Terms of Service Agreement (“TOS”)
Last Edited: June 5, 2020 – Version 1.2
This is an agreement between the you (hereafter referred to as the Customer) and Totalconnect regarding your use of Totalconnect equipment, services, interactive information, communication and facilities. This Agreement governs the terms and conditions under which Totalconnect makes the services offered by Totalconnect available to consumers through a personal computer or similar access, or to individual customer or business in connection with the Totalconnect facilities, services, or equipment. Under this Agreement, you must comply with Totalconnect’ current “Acceptable Use Policy,” as updated from time to time by Totalconnect. By opening an account with Totalconnect, you are agreeing to our Terms of Service Agreement (this document), our Terms for Telephone Services and our Privacy Policy. You further accept our Emergency Services Dialing – E911 terms.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Warranty
Totalconnect’ services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchant-ability, fitness for a particular purpose or non-infringement. Totalconnect expressly disclaims any representation or warranty that the Totalconnect services will be error-free, secure or uninterrupted. No oral advice or written information given by Totalconnect, its employees, licencors or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
Shared Hosting
Totalconnect will host an account for the Customer’s chosen service(s), for the period of time (the Term) corresponding with the payment plan(s) chosen by the Customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated by the Customer. We require written notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next term’s rate. There are no refunds on any services provided by Totalconnect. The Customer’s billing account will be processed one to two weeks prior the Term renewal due date.
The Virtual Web Server account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Customer agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Totalconnect, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Totalconnect based upon the severity of the violation. Totalconnect reserves the right to refuse service if any of the content within, or any links from, the Customer’s system is deemed illegal, misleading, or obscene, or is otherwise in breach of Totalconnect’ then current Acceptable Use Policy, in the sole and absolute opinion of Totalconnect.
General
Notwithstanding anything in this Agreement, the content of the Customer’s system(s) is the sole responsibility of the Customer. The Customer agrees to indemnify and hold harmless Totalconnect from any and all claims, losses, damages, liabilities, judgements, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Totalconnect, (collectively, claims) related to or in connection with the content of the Customer’s system(s). The terms of this Section will survive any termination of this Agreement.
Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. Customer is aware that Totalconnect reserves the right to change the specified rates and charges from time to time.
The Customer agrees to follow generally accepted rules of “Netiquette” when transmitting communications and content. The Customer is responsible for security of their password(s). Totalconnect will not change passwords to any account without proof of identification, which is satisfactory to Totalconnect, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Customer, Customer understands that Totalconnect will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Totalconnect be liable for any losses incurred by Customer during this time of determination of ownership, or otherwise. The Customer agrees to indemnify and hold harmless Totalconnect from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
The Customer agrees not to harm Totalconnect, its reputation, computer systems, programming and/or other persons using Totalconnect’ services. Totalconnect reserves the right to select the server for Customer’s service(s) for best performance. The Customer understands that the services provided by Totalconnect may be provided on a shared server. This means that one system cannot be permitted to overwhelm the server with heavy resource usage.
If the Customer’s system overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared servers, and will need to relocate the Customer’s service(s) to a higher level system with more resources. If the Customer refuses to comply with this Section, then Totalconnect has the right to terminate the services provided to the Customer without any refunds of the unused portion prepaid by the Customer. The Customer is encouraged to contact support to arrange for an upgrade to their service(s).
The Customer agrees to indemnify and hold harmless Totalconnect and any other Customer from any and all claims resulting from the Customer’s use of the services provided by Totalconnect. The terms of this Section will survive any termination of this Agreement.
Totalconnect shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading of materials from the server. In no event shall Totalconnect be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this web server.
Backups
Customer has sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the server. Customer will not make a claim against Totalconnect for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the web server. Customer agrees to hold Totalconnect harmless from, and acknowledges that the Customer will not sue Totalconnect for, any claims based on or related to the use of the Totalconnect services, network, or equipment.
The Customer’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Totalconnect.
Totalconnect has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Totalconnect Acceptable Use Policy.
The e-mail distribution by the Customer of “SPAM”, “BULK MAIL”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL EMAIL”, is expressly prohibited. If the Customer refuses to remove any advertising or other third party content deemed objectionable by Totalconnect, Totalconnect may terminate the services being provided to the Customer. Totalconnect has sole discretion to determine what is objectionable and constitutes the terminated of the services provision for the Customer.
Service Level Agreement (SLA)
Totalconnect will use its best efforts to maintain a full time internet connection for the Customer. The Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disasters, acts of God, or human error. In no event shall Totalconnect be liable to the Customer for any damages resulting from or related to any failure or delay of Totalconnect in providing access to the Internet under this Agreement. In no event shall Totalconnect be liable to the Customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Totalconnect under this Agreement, if any, shall in no event or circumstance exceed the total monthly amount actually paid by the Customer here-under. The terms of this Section will survive any termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Totalconnect account may not be transferred without prior written approval from Totalconnect. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of the Totalconnect services, including any damages resulting there from, until the Customer notifies Totalconnect’ customer service.
If Totalconnect assigns the Customer an Internet Protocol (IP) address in connection with the Customer’s use of the Totalconnect services, the right to use that Internet Protocol address will remain with and belong only to Totalconnect, and the Customer will have no right to use that Internet Protocol address except as allowed by Totalconnect in its sole and absolute discretion.
This Agreement may be terminated by Totalconnect for nonpayment by Customer. Totalconnect may terminate the Agreement, at any time, without notice, if, in Totalconnect’ sole and absolute discretion and/or judgement, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Totalconnect’ sole and absolute discretion and/or judgement, could disrupt Totalconnect’ operations. If in the event any amount due to Totalconnect is unpaid three (3) business days after such payment is due, Totalconnect, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
This Agreement constitutes the entire agreement between the Customer and Totalconnect with respect to the Totalconnect services and supersedes all prior agreements between the Customer and Totalconnect. Totalconnect’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Surrey, BC Canada. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
The Customer agrees to indemnify and hold Totalconnect harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and Totalconnect will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
Totalconnect may include the Customer’s name and contact information in directories of Totalconnect service subscribers for the purpose promoting the use of the services by additional potential clients. However, Totalconnect is not authorized to print the Customer’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Customer.
The interpretation and enforcement of this Agreement shall be governed according to the laws of the province of BC (excluding its choice of law rules) and the federal laws of Canada applicable therein. The Customer hereby consents to personal jurisdiction in the federal and provincial courts of Surrey, BC Canada for any action arising out of or relating to the Customer’s use of the Totalconnect services. The federal and provincial courts of Surrey, BC Canada will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Totalconnect has been decided to create its no adult sites policy for its virtual server users.
Money-Back Guarantee – Virtual account holders can receive a refund if account is cancelled within the initial thirty days after sign up. Re-seller Customer’s can receive a refund if account is cancelled within the initial seven days after sign up. If the Customer cancels after the time period specified, there will be no refund given.
Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. There is no refund for domain registrations regardless of whether or not it is within the 30 day initial period of time after sign up. If the account holder cancels after the time period specified (30 days), there will be no refund or partial refund given. All cancellations can be done in writing or by email. Totalconnect will acknowledge cancellation request by customer within 48 hours at which time the cancellation request has been accepted by Totalconnect.
Domains, Domain Renewals, & Domain Transfers
It is the sole responsibility of the Customer to make sure that their domain is renewed before the expiration date. A domain that is not renewed by the date of expiration shall be deemed to be abandoned. Any site or services associated with the domain will no longer resolve to the Customer’s system(s) or related services. After ten (10) days after the expiration date, Totalconnect may permanently delete the domain if it has not been renewed by the Customer.
Starting December 1, 2016 all registrars must follow ICANN’s new Transfer Policy. This new policy, briefly, states that any “material” change to a domain’s registrant, organization, or email address will trigger a new Change of Registrant process. Any time a change is made to the above-mentioned registrant information, Totalconnect and its registrar partners, will auto-approve the change. We will then send out a confirmation email to all parties. The domain will then be placed in a 60-day transfer lock.
Service Renewals
It is the sole responsibility of the Customer to make sure that their account is in good standing and that any related bills are paid on or before their expiration date. Any service that is not renewed by the date of expiration will be deemed to be abandoned. Any services associated with the particular service that has not been renewed may cease to function. After ten (10) days after the expiration date, Totalconnect may permanently delete the service if it has not been renewed by the Customer.
If you have any additional questions, please contact us at:
Totalconnect
203A – 19232 Enterprise Way
Surrey, BC
Canada
V3S 6J9