OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between IGenius Inc., a Canadian company, (“IGeniusHost”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with the following policies, including Privacy Policy and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to IGeniusHost. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. IGeniusHost may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, IGeniusHost may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. IGeniusHost assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of British Columbia / Canada or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, IGeniusHost finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. IGeniusHost shall not be liable for any loss or damage resulting from IGeniusHost’s reliance on any instruction, notice, document, or communication reasonably believed by IGeniusHost to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, IGeniusHost reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to IGeniusHost that all information you submit when you create your Account is accurate, current, and complete, and that you will keep your Account information accurate, current and complete. If IGeniusHost has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, IGeniusHost reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, IGeniusHost recommends that you change your password at least once every six (6) months for each Account. You must notify IGeniusHost immediately of any breach of security or unauthorized use of your Account. IGeniusHost will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss IGeniusHost or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs, or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, IGeniusHost may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Trial Services”. If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided AS-IS, so we do not recommend using them in production or mission critical environments; (iv) IGeniusHost reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases; (vi) IGeniusHost may limit availability of customer service support time dedicated to support of the Trial Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Trial Services shall be owned exclusively by IGeniusHost; (viii) You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to IGeniusHost; (ix) The Trial Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, IGeniusHost disclaims any and all warranties, statutory, express or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with IGeniusHost. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
IGeniusHost reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
YOUR USE OF IGENIUSHOST CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of IGeniusHost Content and User Content posted to IGenius’s corporate websites (i.e., those sites which IGenius Inc directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. IGeniusHost Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“IGeniusHost Content”), are owned by or licensed to IGeniusHost in perpetuity, and are subject to copyright, trademark, and/or patent protection in Canada and foreign countries, and other intellectual property rights under Canada and foreign laws. IGeniusHost Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of IGeniusHost. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. IGeniusHost reserves all rights not expressly granted in and to the IGeniusHost Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to IGeniusHost that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any IGeniusHost Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the IGeniusHost Content or the User Content therein.
USE OF USER CONTENT
The provisions in this Section apply specifically to IGeniusHost’s use of User Content posted to IGeniusHost’s corporate websites (i.e., those sites which IGeniusHost directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
With Respect to User Content (Other Than User Submissions).
If you have a website or other content hosted by IGeniusHost, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize IGeniusHost to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant IGeniusHost a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and IGeniusHost’s (and IGeniusHost’saffiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that IGeniusHost may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, IGeniusHost shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or IGeniusHost’s (or IGeniusHost’s affiliates’) business(es).
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
IGeniusHost generally does not pre-screen User Content (whether posted to a website hosted by IGeniusHost or posted to this Site). However, IGeniusHost reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. IGeniusHost may remove any item of User Content (whether posted to a website hosted by IGeniusHost or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by IGeniusHost in its sole and absolute discretion), at any time and without prior notice. IGeniusHost may also terminate a User’s access to this Site or the Services found at this Site if IGeniusHost has reason to believe the User is a repeat offender. If IGeniusHost terminates your access to this Site or the Services found at this Site, IGeniusHost may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
ADDITIONAL RESERVATION OF RIGHTS
IGeniusHost expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by IGeniusHost in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by IGeniusHost in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of IGeniusHost, its officers, directors, employees and agents, as well as IGeniusHost ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue IGeniusHost.
IGeniusHost expressly reserves the right to terminate, without notice to you, any and all Services where, in IGeniusHost's sole discretion, you are harassing or threatening IGeniusHost and/or any of IGeniusHost's employees.
NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email abuse@igeniushost.com
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
TRADEMARK AND/OR COPYRIGHT CLAIMS
IGeniusHost supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to IGeniusHost’s Trademark and/or Copyright Infringement Policy referenced above and available here.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by IGeniusHost. IGeniusHost assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, IGeniusHost does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release IGeniusHost from any and all liability arising from your use of any third-party website. Accordingly, IGeniusHost encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. IGENIUSHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IGENIUSHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND IGENIUSHOST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY IGENIUSHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL IGENIUSHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT IGENIUSHOST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall IGeniusHost’s total aggregate liability exceed $1,000.00 U.S. Dollars.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
INDEMNITY
You agree to protect, defend, indemnify and hold harmless IGeniusHost and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by IGeniusHost directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
DISCONTINUED SERVICES; END OF LIFE POLICY
IGeniusHost reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although IGeniusHost makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by IGeniusHost, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, IGeniusHost will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by IGeniusHost in its sole and absolute discretion. IGeniusHost may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. IGeniusHost will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
FEES AND PAYMENTS
You acknowledge and agree that your Payment Method will be charged and processed by IGenius Inc – BC/Canada
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. IGeniusHost expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. You acknowledge and agree that where refunds are issued to your Payment Method, IGeniusHost's issuance of a refund receipt is only confirmation that IGeniusHost has submitted your refund to the Payment Method charged at the time of the original sale, and that IGeniusHost has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then IGeniusHost, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. IGeniusHost also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store creditsare solely within IGeniusHost’s discretion and are not available at customer request. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, IGeniusHost will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with IGeniusHost at IGeniusHost’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and IGeniusHost shall not be liable to you or any third party regarding the same. In addition, IGeniusHost may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, IGeniusHost will automatically update your payment profile on your behalf. IGeniusHost makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and IGeniusHost shall not be liable to you or any third party regarding the same. If for any reason IGeniusHost is unable to charge your Payment Method for the full amount owed for the Services provided, or if IGeniusHost receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that IGeniusHost may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. IGeniusHost also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks IGeniusHost may perform outside the normal scope of its Services, (ii) additional time and/or costs IGeniusHost may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by IGeniusHost in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by IGeniusHost staff or by outside firms retained by IGeniusHost; (iii) recouping any and all costs and fees, including the cost of Services, incurred by IGeniusHost as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with IGeniusHost. IGeniusHost may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and IGeniusHost makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
Refund Policy: Products and Services available for refunds are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within thirty (30) days of purchase (“Refund Period”). For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested. In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on IGeniusHost’s website and is not subject to any promotion, discount, or other reduction in price.
In no event will you be eligible for more than one refund of the same product.
(B) PAY BY PAYPAL
By using IGeniusHost’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor IGeniusHost shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and IGeniusHost may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
(E) Cryptocurrencies, tokens and digital assets
Unless stated otherwise, following words refer to blockchain-based software ledger data entries: "digital asset", "asset", "coin", "cryptocurrency", "ledger entry", "altcoin" and "token".
IGeniusHost offers a variety of cryptocurrencies, tokens and digital assets payment options through a Cryptocurrency Payment Provider (“CPP”). In the event you select a CPP, you represent that you have already agreed to any and all of the CPP’s applicable customer service agreements in advance of completing your transaction at IGeniusHost. If applicable, an “Exchange Rate Conversion Fee”, as well as "Transaction Fee" and any other fees or charges applicable to your agreement with the CPP (collectively, the “CPP Fees”), from your Funding Sources. You understand and agree that CPP Fees are subject to change at any time by the CPP without notice to you by IGeniusHost.
You acknowledge and agree that (i) the CPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through. In such event, neither the CPP nor IGeniusHost shall be liable to you or any third party regarding the same. You acknowledge that IGeniusHost will not attempt to fulfill the Services purchased by you until IGeniusHost receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the CPP confirms payment through its associated payment processor. If IGeniusHost does not receive confirmation of payment from the CPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Governing Law
Our Terms of Service shall be governed and construed in accordance with the laws of the State of British Columbia within Canada, where our offices are located.
Our failure to enforce any right or provision of this Terms of Service agreement will not be considered a waiver of those rights. If any provision of the terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The terms constitute the entire agreement between you and our company, replacing or superseding any prior agreements regarding the Website.
Fees for Use
The Website is a freemium subscription-based service that offers both free and paid plans for our users. We may offer trial periods of premium features that allow you to use upgraded plans without charge for a period. Once such a trial period ends, continued usage of the premium features will require you to subscribe to an upgraded plan if desired.
All subscription charges from the Website will be billed monthly or annually on a recurring basis until canceled based on the selected plan. Switching between active plans occurs on a prorated basis for both upgrades and downgrades based on the unused time remaining on your plan. Therefore, it is possible to not incur a new charge until necessary if enough previously charged credit can be applied during a plan switch.
As we continue development on the Website by introducing additional features, we reserve the right to adjust the prices of our subscription plans in the future. For users with active plans, we will give at least (45) days notice via email before the next billing cycle in which the changes will take effect.
The charges incurred from the Website are exclusive of any taxes, levies, or duties imposed by international taxing authorities and you may be responsible for payment of such if applicable depending on your jurisdiction.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
IGenius Inc
200 -18 Gostick Place
North Vancouver, BC, V7M 3G3
Canada
