Terms of Service
Last revision: April 18, 2009
Table of Contents
Main Terms and Conditions
Schedule A - Terms and Conditions for Yoltek
Schedule B - Terms and Conditions Applicable
to all Website and Hosting Services
Main Terms and Conditions
1. INTRODUCTION. In this Service Agreement ("Agreement"),
"you" and "your" refer to each client ("Client")
and "we", "us" and "our" refer to
Yoltek Communications Inc. ("Yoltek"). This Agreement
explains our obligations to you, and your obligations to us in relation
to your use of our services. By selecting Yoltek service(s) you
have agreed to establish an account with us for such services. When
you use your account or permit someone else to use your account
to purchase or otherwise acquire access to additional Yoltek service(s)
or to modify or cancel your Yoltek service(s) (even if we were not
notified of such authorization), this Agreement covers any such
service or actions. Any acceptance of your application(s) for our
services and the performance of our services will occur at our office
in Toronto, Ontario, Canada, the location of our principal place
2. SECURITY. When you establish an account with us, we provide
you with a password that can be used to modify your account information
and your Yoltek service(s). It is your responsibility to safeguard
your password. You accept full responsibility for modifications
made to your account or your Yoltek service(s) using this password.
3. VARIOUS SERVICES. The terms of this Agreement are applicable
to any and all of the Yoltek services you have chosen, and to any
additional services you may choose in the future which may be offered
by Yoltek from time to time.
4. FEES AND PAYMENT. As consideration for the services you have
selected, you agree to pay Yoltek the applicable service(s) fees
set forth on our Website at the time of your selection. Unless we
specify otherwise, all fees are due immediately and are non-refundable.
You should be aware that the continued provision of services by
Yoltek requires the ongoing payment of fees for services you have
selected. If we are unable to collect fees by the due date, Yoltek
may take all remedies available to collect fees owed and may recover
from you all costs and expenses (including reasonable attorney fees)
incurred by Yoltek to collect such fees. These remedies include
without limitation any or all of the following: (i) the suspension
or termination of your account or any services you have selected,
(ii) the transfer of ownership of the domains in your account to
Yoltek, (iii) the update, modification or removal of DNS server
information associated with any or all domains in your account to
anything Yoltek deems reasonable or appropriate.
If you qualify, we may extend payment terms to you.
5. TERM OF SERVICE. Unless otherwise specified, each Yoltek service,
including domain name registration, is for a one-year initial term
and renewable thereafter for successive one-year terms. Any renewal
of your services with us is subject to our then current terms and
conditions and payment of all applicable service fees at the time
of renewal and, in the case of domain name re-registration, the
domain name registry's acceptance of your domain name registration.
6. TRANSFERS. You agree that a domain name transfer fee will immediately
become due and payable upon your application to transfer the domain.
This fee must be paid prior to transferring the domain to another
7. ACCURATE INFORMATION. As further consideration for the Yoltek
service(s), you agree to:
(1) provide certain current, complete and accurate information
about you as requested by us;
(2) maintain and update this information as needed to keep it current,
complete and accurate; and
(3) respond within fifteen (15) calendar days to a request by us
to update or confirm the accuracy of your information.
We rely on this information to carry out our services for you and
comply with the requirements of the registries of domain names and
to send you important information and notices regarding your account
and our services. Any failure by you to provide or update such information
or to respond to our request is a material breach of this Agreement.
incorporated herein by reference, sets forth your and our rights
and responsibilities with regard to your personal information. You
We will post such revised policy on our Website at least thirty
(30) calendar days before it becomes effective. You agree to periodically
review our Website to be aware of any such revisions. You agree
become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate
this Agreement by providing us with notice in accordance with this
Agreement. We will not refund any fees paid by you if you terminate
your Agreement with us. We will not process the personal data that
we collect from you in a way incompatible with the purposes and
reasonable precautions to protect your personal data from loss,
misuse and unauthorized access, disclosure, alteration or destruction.
9. THIRD PARTY INFORMATION. You represent and warrant that you
have provided notice to, and obtained consent from, any third party
individuals whose personal data you supply to us as part of our
services with regard to:
(1) the purposes for which such third party's personal data has
(2) the intended recipients or categories of recipients of the
third party's personal data;
(3) which parts of the third party's data are obligatory and which
parts, if any, are voluntary; and
(4) how the third party can access and, if necessary, rectify the
third party's personal data.
You further agree to provide such notice and obtain such consent
with regard to any third party personal data you supply to us in
the future. We are not responsible for any consequences resulting
from your failure to provide notice or receive consent from such
individuals or for your providing outdated, incomplete or inaccurate
10. LICENSING OF DOMAIN NAME. If you license the use of the domain
name or our domain name registration services to a third party,
you will remain our client and you are responsible for complying
with all terms and conditions of this Agreement.
11. USE OF INFORMATION. Subject to the requirements of our privacy
policy, in order for us to comply with the current rules and policies
for the domain name system, you hereby grant to Yoltek the right
to disclose to the public the following mandatory information that
you are required to provide when registering or reserving a domain
(1) the domain name(s) registered by you;
(2) your name and postal address;
(3) the name(s), postal address(es), e-mail address(es), voice
telephone number(s) and where available the fax number(s) of the
technical and administrative contacts for your domain name(s);
(4) the Internet protocol numbers of the primary nameserver and
secondary nameserver(s) for such domain name(s);
(5) the corresponding names of those nameserver(s);
(6) the original creation date of the registration; and
(7) the expiration date of the registration.
All accredited domain name registrars are required to make this
information available in bulk form to third parties who agree not
to use it to (a) allow, enable or otherwise support the transmission
of mass unsolicited, commercial advertising or solicitations via
e-mail (spam) or (b) enable high volume, automated, electronic processes
that apply to registrars' systems to register domain names.
12. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in
this Agreement, you agree, during the term of this Agreement, that
(1) revise the terms and conditions of this Agreement; and/or
(2) change the services provided under this Agreement at any time.
Any such revision or change will be binding and effective immediately
upon posting of the revised Agreement or change to the service(s)
on Yoltek's Website, or upon notification to you in accordance with
this Agreement. You agree to periodically review our Website, including
the current version of this Agreement available on our Website,
to be aware of any such revisions. If you do not agree with any
revision to the Agreement or change to the services, you may terminate
this Agreement at any time by providing us with notice in accordance
with this Agreement. Notice of your termination will be effective
on receipt and processing by us. Any fees paid by you prior to termination
of your Agreement with us are non-refundable. By continuing to use
Yoltek's services after any revision to this Agreement or change
in service(s) is posted on our Website, you agree to abide by and
be bound by any such revisions or changes. We are not bound by nor
should you rely on any representation concerning this Agreement
or our services made by:
(3) any agent, representative or employee of any third party that
you may use to apply for our services; or
(4) information posted on our Website of a general informational
nature. No employee, contractor, agent or representative of Yoltek
is authorized to alter or amend the terms and conditions of this
13. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the Account Number and
the Password that was provided to you by Yoltek. Please safeguard
your Account Number and Password or any security authentication
option from any unauthorized use. In no event will we be liable
for the unauthorized use or misuse of your Account Number or Password.
14. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a
.ca domain name through us, you agree to be bound by CIRA's Domain-Name
Dispute-Resolution Policy and Rules that are incorporated herein
and made a part of this Agreement by reference. The current version
of the dispute policy and rules may be found at CIRA's Website:
Please take the time to familiarize yourself with that policy.
If you reserved or registered a .com, .biz, .info, .name, .net,
or .org domain name through us, you agree to be bound by ICANN's
Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP")
that is incorporated herein and made a part of this Agreement by
reference. The current version of the ICANN UDRP may be found at
ICANN's Website: http://www.icann.org/udrp/udrp.htm.
Please take the time to familiarize yourself with that policy.
15. DOMAIN NAME DISPUTES. You agree that, if your use of our domain
name registration services is challenged by a third party, you will
be subject to the provisions specified in our dispute policy (the
"Dispute Policy") in effect at the time of the dispute.
The Dispute Policy is currently as follows. You agree that in the
event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions
set forth below in this Agreement. If we are notified that a complaint
has been filed with a judicial or administrative body regarding
your domain name registration or your use of our domain name registration
services, you will not be permitted to make any changes to your
domain name record without our prior approval. We will not allow
you to make changes to such domain name record until:
(1) we are directed to do so by the judicial or administrative
(2) we receive written notification by you and the other party
contesting your registration or use of our domain name registration
services that the dispute has been settled.
Furthermore, you agree that if we and/or you are subject to litigation
regarding your registration or use of our domain name registration
services, we may deposit control of your domain name record into
the registry of the judicial or administrative body.
16. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we,
in our sole discretion, may modify our Dispute Policy. We will post
any such revised policy on our Website at least thirty (30) calendar
days before it becomes effective. You agree to periodically review
our Website to be aware of such revisions. You agree that, by maintaining
the reservation or registration of your domain name after modifications
to the Dispute Policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement by providing written
notice to us in accordance with this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
17. AGENTS. You agree that, if your agent purchased our service(s)
on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the CIRA Domain Name Dispute
Resolution Policy and Rules, the ICANN UDRP, and the Dispute Policy,
whether your agent was authorized by you or not. You certify that
your agent is authorized to apply for our services on your behalf,
that he or she is authorized to bind you to the terms and conditions
of this Agreement and that he or she has apprised you of the terms
and conditions of this Agreement. In addition, you are responsible
for any errors made by your agent. We will not refund any fees paid
by you or your agent on your behalf for any reason based on any
act or omission of your agent.
18. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as
our client of information that we deem is of potential interest
to you. Notices and announcements may include commercial e-mails
and other notices describing changes, upgrades, new products and
services or other information pertaining to Internet services, Internet
security or to enhance your identity on the Internet and/or other
relevant matters. If you do not wish to receive bulk e-mail solicitation
notices or announcements please send us an e-mail at email@example.com.
19. LIMITATION OF LIABILITY. To the extent permitted at law, Yoltek
and its contractors shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from your
use or inability to use any of the Yoltek services or for the cost
of procurement of substitute services. We disclaim any and all loss
or liability resulting from, but not limited to:
(1) any failure or inability to register the domain name;
(2) any third party claims arising from or based on your use of
(3) access delays or access interruptions;
(4) data non-delivery or data mis-delivery;
(5) acts of God;
(6) the unauthorized use or misuse of your Account Number or Password;
(7) errors, omissions, or misstatements in any and all information
or service(s) provided under this Agreement;
(8) the deletion of or failure to store e-mail messages;
(9) the development or interruption of your Website;
(10) our processing of your application for our services, our processing
of any authorized modification to your domain name record or your
agents failure to pay any fees, including the initial registration
fee or re-registration fee; or
(11) the application of the CIRA Domain Name Dispute Resolution
Policy and Rules, the ICANN UDRP, or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy,
with respect to any Yoltek service(s) provided under this Agreement
and/or for any breach of this Agreement is solely limited to the
amount you paid for such service(s).
20. INDEMNITY. You agree to release, indemnify, and hold Yoltek,
our contractors, agents, employees, officers, directors, shareholders,
affiliates and assigns harmless from all liabilities, claims, damages,
costs and expenses, including reasonable attorneys' fees and expenses,
relating to or arising from your domain name registration or use
of your domain name or the Yoltek services provided hereunder. When
we are threatened with suit or sued by a third party, we may seek
written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered by
us to be a material breach of this Agreement. In addition, in the
event we are made a party to any claim, suit or action by you which
is unsuccessful or by a third party in each case relating to or
arising from your domain name registration or use of your domain
name or the Yoltek services provided hereunder, you will reimburse
us, at a reasonable rate, for all personnel time and expenses expended
by us in response to such claim, suit or action including without
limitation, all attorney fees and expenses incurred by us with respect
to such response.
21. BREACH. You agree that your failure to abide by any provision
of this Agreement, any Yoltek operating rule or policy, the CIRA
Domain Name Dispute Resolution Policy and Rules, the ICANN UDRP,
or the Dispute Policy may be considered by us to be a material breach
of this Agreement and that we may provide to you a written notice
in accordance with this Agreement, describing the breach, to you.
If within ten (10) calendar days of the date of such notice, you
fail to provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain
name, transfer the domain name to Yoltek and/or terminate the other
Yoltek service(s) you are using without further notice. We will
not refund any fees paid by you prior to the termination of your
Agreement due to your breach. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in response
to that, or any other breach, by you.
22. NO GUARANTY. You agree that, the registration of your chosen
domain name does not confer immunity from objection to either the
registration or use of your domain name.
23. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:
(1) the information that you or your agent on your behalf provide
to us during the application process to register your domain name
or to apply for other Yoltek service(s) is, accurate and complete,
and that any future changes to this information will be provided
to us in a timely manner;
(2) to the best of your knowledge and belief neither the registration
of your domain name nor the manner in which you intend to use such
domain name will directly or indirectly infringe the legal rights
of a third party;
(3) you have all requisite power and authority to execute this
Agreement and to perform your obligations hereunder; and
(4) you are of legal age to enter into this Agreement.
You agree that your use of our service(s) is solely at your own
risk. You agree that all of our services are provided on an "as
is," and "as available" basis.
24. DISCLAIMER. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES
AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S)
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES
OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
25. REVOCATION. You agree that we may delete your domain name if
the information that you provide to us or subsequently modify contains
false or misleading information, or conceals or omits any information
we would likely consider material to our decision to register your
domain name or to continue to provide you domain name registration
services. You agree that we may terminate immediately and without
notice our service(s), including our domain name registration services,
in the event that you use such service(s) for any improper purpose,
as determined in our sole discretion. Furthermore, you agree that
we may suspend, cancel or transfer your domain name in order to:
(1) correct mistakes made by us or the registry in registering
your chosen domain name, or
(2) to resolve a dispute under the CIRA Domain Name Dispute Resolution
Policy and Rules, the ICANN UDRP, or the Dispute Policy. We will
not refund any fees paid by you prior to termination of our services.
26. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
(1) refuse to register your chosen domain name or register you
for other Yoltek service(s); and
(2) delete your domain name within the first thirty (30) calendar
days from receipt of your payment for such services. In the event
we delete your domain name within such thirty (30) calendar day
period, we agree to refund any applicable fee(s) you have paid,
minus any applicable administration fees.
You agree that we shall not be liable to you for loss or damages
that may result from our refusal to register your domain name, the
deletion of your domain name, or our refusal to register you for
other Yoltek service(s).
27. POWER OF ATTORNEY. You hereby constitute and appoint Yoltek
as your true and lawful attorney to take any and all action(s) necessary
or desirable to obtain, maintain, renew or cancel the registration
of your chosen domain name, including, without limitation, any action
required to add to, delete, update or correct any or all information
regarding the domain name or to comply with or respond to any requests
of the registrar received by Yoltek relating to the domain name.
This power of attorney is granted to Yoltek, and being coupled with
an interest, shall not be revocable by you for any reason prior
to the termination of this agreement.
28. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain
in full force and effect.
29. ENTIRETY. You agree that this Agreement, the rules and policies
published by us, the CIRA Domain Name Dispute Resolution Policy
are the complete and exclusive agreement between you and us regarding
our services. This Agreement, our rules and policies, the CIRA Domain
Name Dispute Resolution Policy and Rules, the ICANN UDRP, the Dispute
and understandings, whether established by custom, practice, policy
30. NON-ASSIGNMENT. Your rights under this Agreement are not assignable.
Any attempt by you to assign your rights shall render this Agreement
voidable at our option. Any attempt by your creditors to obtain
an interest in your rights under this Agreement, whether by attachment,
garnishment or otherwise, shall render this Agreement voidable at
31. GOVERNING LAW. You agree that this Agreement and any disputes
hereunder shall be governed in all respects by and construed in
accordance with the laws of the Province of Ontario, Canada, excluding
its conflict of laws rules. You and we each submit to exclusive
subject matter jurisdiction, personal jurisdiction and venue of
the courts of that Province. You agree that any action, suit or
application will be brought and heard in Toronto, Canada.
32. AGREEMENT TO BE BOUND. By applying for the service(s) of Yoltek
or an affiliate through our application process or by applying for
and registering a domain name using the service(s) provided by Yoltek
or its affiliates under this Agreement, you acknowledge that you
have read and agree to be bound by all terms and conditions of this
Agreement, the CIRA Domain Name Dispute Resolution Policy and Rules,
the ICANN UDRP, the Dispute Policy, and any pertinent rules or policies
that are or may be published by Yoltek, CIRA, or ICANN.
33. NOTICES. All notices to be provided by either party to this
Agreement to the other shall be in writing and shall be validly
given if sent by e-mail, personal or courier delivery or by ordinary
mail as follows:
(1) to Yoltek, at Yoltek Communications Inc., Suite 219, 34 Eglinton
Ave West, Toronto, Ontario, Canada M4R 2H6; and
(2) to Client, at the e-mail and postal address provided by you
as part of the application process for Yoltek service(s). Any notice
sent by e-mail shall be deemed to have been received upon receipt;
by personal or courier delivery on the date of delivery, and by
post on the 5th calendar day after mailing.
34. INCORPORATION BY REFERENCE. All terms and conditions set forth
below are incorporated by reference into this agreement, and apply
as applicable, to your domain name(s) and any applicable Yoltek
services purchased by you and you agree to be bound by them.
Schedule A. Terms and Conditions
for Yoltek E-mail Service
The following terms and conditions of use and any amendments thereto
(the “E-mail Terms”) apply to your access to, and use
of, the Yoltek e-mail and related services offered by Yoltek (the
“E-mail Service”). These E-mail Terms may be changed
in the future without further notice, and your continued use of
the E-mail Service following any such changes constitutes your acceptance
of the new terms. These E-mail Terms do not alter in any way the
non-conflicting terms or conditions of this Agreement or any other
agreement you may have with Yoltek for products, services or otherwise.
To the extent any of the E-mail Terms are in conflict or inconsistent
with any other term or condition of the Agreement, these E-mail
Terms shall govern to the extent of the conflict or inconsistency.
that Yoltek may access and disclose information about you or your
use of the E-mail Service when Yoltek deems necessary or appropriate
to comply with the law or legal process, to protect Yoltek's systems
and clients, or to ensure the integrity and operation of Yoltek's
business and systems. Such disclosure may include, without limitation,
user profile information (e.g., name, e-mail address, etc.), IP
address and traffic information, usage history, and posted content.
Yoltek's right to disclose any such information shall govern over
2. Access Restriction & Password Security
Yoltek reserves the right to deny in its sole discretion any user
access to the E-mail Service or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of your
password(s) and user name(s) issued to you by Yoltek, and for any
use or misuse of your account or the E-mail Service resulting from
any third party using a password or user name issued to you.
3. No “Spamming”
Users shall not use the E-mail Service for chain letters, junk
mail, “spamming” or any use of distribution lists to
any person who has not given specific permission to be included
in such a process. An e-mail advertisement which is (a) addressed
to a recipient with whom the initiator does not have an existing
business or personal relationship and (b) is not sent at the request
of or with the express consent of the recipient to receive such
communications from you (“spam” or “spamming”)
is strictly prohibited by Yoltek. If any user uses the E-mail Service
for spamming, Yoltek reserves the right to immediately terminate
that user’s access to the E-mail Service and to seek appropriate
legal recourse as necessary. If any user believes that others are
using the E-mail Service for spam, please contact Yoltek at firstname.lastname@example.org.
4. User Conduct
Yoltek reserves the right, but does not assume the responsibility,
to monitor or review user conduct on the E-mail Service. Use of
the E-mail Service is subject to all applicable local, state, provincial,
federal and international laws and regulations. You agree: (1) to
comply with U.S. and Canadian law regarding the transmission of
technical data exported from the United States or Canada through
the E-mail Service; (2) not to use the E-mail Service for illegal
purposes; and (3) not to interfere or disrupt networks connected
to the E-mail Service.
In using the service, you agree not to:
(1) Harvest or otherwise collect information about others, including
without limitation names and e-mail addresses, without their consent;
(2) Transmit through the E-mail Service any unlawful, harassing,
defamatory, abusive, threatening, harmful, vulgar, obscene, sexually
explicit, or otherwise objectionable material of any kind or nature;
(3) Invade another’s privacy or violate rights of publicity
or intellectual property rights (including but not limited to copyright,
trademark and patent rights) while using the E-mail Service;
(4) Transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, provincial, federal or international
law or regulation;
(5) Interfere with another User’s use and enjoyment of the
E-mail Service or another entity’s use and enjoyment of similar
(6) Advertise or offer to sell or buy any goods or services for
any non-personal purpose;
(7) Transmit or upload any material that contains viruses, trojan
horses, worms, time bombs, cancelbots, or any other harmful or deleterious
(8) Interfere with or disrupt networks connected to the E-mail
Service or violate the regulations, policies or procedures of such
(9) Attempt to gain unauthorized access to the E-mail Service,
other accounts, computer systems or networks connected to the E-mail
Service, through password mining or any other means;
(10) Use or attempt to use another’s account, service or
system without authorization from Yoltek, or create or use a false
identity on this E-mail Service; or
(11) Engage in any other conduct which, in Yoltek’s sole
discretion, is considered unauthorized or objectionable.
5. Proprietary Rights
You acknowledge and agree that any material, including but not
limited to text, compilations, graphics, software, music, sound,
photographs, video, or other material contained or distributed on
or through the E-mail Service, by Yoltek, its advertisers or other
third parties (“Content”), is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. You may not use or distribute any Content received through
the E-mail Service without the authorization of the content owner,
except for your personal, non-exclusive use. You agree not to modify,
copy, reproduce, republish, upload, post, transmit, sell or distribute
Content available through the E-mail Service, including code and
software, in violation of applicable copyright and other intellectual
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
YOLTEK SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE,
DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY
TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export control
laws and regulations of the United States and Canada. You agree
not to export or re-export the Software, directly or indirectly,
to any countries that are subject to U.S. or Canadian export restrictions.
Yoltek and the Yoltek logo are trademarks of Yoltek, and may not
be copied, imitated or used, in whole or in part, without the prior
written permission of Yoltek. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of Yoltek or its contractors or suppliers, and
may not be copied, imitated, or used, in whole or in part, without
the prior written permission of Yoltek. All other trademarks, registered
trademarks, product names and company names or logos mentioned herein
are the property of their respective owners.
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in the
form of e-mail or submissions to Yoltek, or postings on this E-mail
Service, are non-confidential and shall become the sole property
of Yoltek. Yoltek shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use of
these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. The submission of any materials
to Yoltek, including the posting of materials to any forum or interactive
area, irrevocably waives any and all “moral rights”
in such materials, including the rights of paternity and integrity.
You may not use, frame or utilize framing techniques to enclose
any Yoltek trademark, logo or other proprietary information, including
the images found at this E-mail Service, the content of any text,
or the layout/design of any page or form contained on a page, without
Yoltek’s express written consent. Further, you may not use
any meta tags or any other “hidden text” utilizing any
Yoltek name, trademark, or product name without Yoltek’s express
written consent. Except as noted above, you are not conveyed any
right or license by implication, estoppel, or otherwise in or under
any patent, trademark, copyright, or proprietary right of Yoltek
or any third party.
Yoltek makes no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability
of Websites accessible by hyperlink from this E-mail Service, or
Websites linking to this E-mail Service. The linked sites are not
under the control of Yoltek, and Yoltek is not responsible for the
contents of any linked site or any link contained in a linked site,
or any review, changes or updates to such sites. Yoltek is providing
these links to you only as a convenience, and the inclusion of any
link does not imply affiliation, endorsement, or adoption by or
between Yoltek and any third party.
9. Third Party Content & E-mail Services
Yoltek may provide links to Web pages and content of third parties
(“Third Party Content”) as a service to those interested
in this information. Yoltek does not monitor, and has no control
over, any Third Party Content or third party Websites. Yoltek does
not endorse or adopt any Third Party Content and can make no guarantee
as to its accuracy or completeness. Yoltek does not represent or
warrant the accuracy of any information contained therein, and undertakes
no responsibility to update or review any Third Party Content.
When leaving the Yoltek site, you should be aware that Yoltek’s
terms and policies no longer govern, and, therefore, you should
review the applicable terms and policies, including privacy and
data gathering practices, of that site. Your use of these links
and Third Party Content contained therein is at your sole risk.
10. Copyright Policy & Copyright Agent
Yoltek may remove content that appears to infringe the copyright
or other intellectual property rights of others. In addition, Yoltek
may terminate the accounts of users who appear to infringe the copyright
or other intellectual property rights of others.
If you believe that Yoltek or any user of our site has infringed
your copyright in any material way, please notify Yoltek, and provide
the following information:
(1) A physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest.
(2) An identification of the copyrighted work claimed to have been
(3) An identification of the material that you claim is infringing
so that we may locate it on the E-mail Service.
(4) Your address, telephone number, and e-mail address.
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law.
(6) A statement by you that the above information in your Notice
is accurate, made under penalty of perjury, and that you are authorized
to act on behalf of the owner of the copyright interest involved.
11. No Resale
You agree not to resell or make any commercial use of the E-mail
Service without Yoltek’s express written consent.
Notwithstanding any of these terms and conditions of use, Yoltek
reserves the right, without notice and in its sole discretion, to
terminate your use of this E-mail Service, to change or eliminate
any of the services we provide, and to block or prevent future access
to and use of this E-mail Service. If your account is terminated
for violation of these E-mail Terms, you will not be entitled to
any refunds. Should you object to these E-mail Terms or become dissatisfied
with the E-mail Service in any way, your only recourse is to immediately
discontinue your use of the E-mail Service and terminate your account.
If any provision of these terms and conditions shall be deemed
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the E-mail
14. Modification & Amendments
Yoltek reserves the right to amend at any time any policies governing
this E-mail Service, including these E-mail Terms, by posting the
amended terms and providing notice of such amendments. The amended
terms shall be effective upon posting. If you do not accept the
amended terms, you should cease using this E-mail Service.
Schedule B. Terms and Conditions
Applicable to all Website and Hosting Services
1. Definitions. For purposes of this Schedule, the following capitalized
terms shall have the meanings ascribed to them below:
a. "Yoltek Template Website" means any pre-designed,
customizable Yoltek website template licensed by Yoltek to end users.
b. "Web Hosting Service" means the web hosting services
provided by Yoltek as described on the Yoltek website located at
c. "Subscription Service" means any of the Yoltek subscription
service packages that are available for purchase by end users on
an annual basis, for an annual fee, all as described on the Yoltek
website located at www.yoltek.com.
2. Payment. In addition to the payment terms in Section 4 of the
Agreement, the following provisions shall also apply solely with
respect to the Subscription Service:
a. Yoltek, in its sole discretion, shall determine the prices it
will charge for the Subscription Service, and the terms and conditions
applicable to the same, and Yoltek may, upon providing thirty (30)
days' notice to you, amend such pricing and/or terms and conditions.
If you do not agree to the change(s), you may terminate your Subscription
Service as provided in Section 5 of this Schedule within that thirty
(30) days; otherwise all such changes shall thereafter be effective
with respect to your account.
b. Unless Yoltek agrees to another payment method, payments for
the Subscription Service will be by cheque.
3. Conduct. You agree to abide by the terms and conditions set
forth herein and be bound by the applicable provisions of any applicable
Yoltek Acceptable Use Policy and other applicable Yoltek policies
and procedures, incorporated herein and made part of this Agreement
by reference, in connection with your use of the services described
in this Schedule. You are responsible for ensuring that your website
conforms to all local, provincial, state, federal and international
laws. Further, you are responsible for ensuring the legal copyright
to any images, audio files, text or other website elements that
are not provided by Yoltek. You warrant that the website being hosted
by Yoltek will not be used in connection with any illegal activity
and that it will not conflict with the legal rights of a third party
or a third party's trademarks or trade name.
4. Yoltek's Rights. Yoltek explicitly reserves the right and sole
discretion to: suspend any website (including indefinite suspension)
without notice for non-payment of fees due hereunder; censor any
website hosted that, in Yoltek’s sole discretion, is deemed
inappropriate; review every Web Hosting account for excessive space
and bandwidth utilization and to terminate or apply additional fees
to those accounts that exceed allowed levels; modify its pricing
through e-mail notification; terminate your Subscription Service
for unsolicited, commercial e-mailing (i.e., SPAM); illegal access
to other computers or networks (i.e., hacking); distribution of
Internet viruses or similar destructive activities; non-payment
of Web Hosting fees; and other activities whether lawful or unlawful
that Yoltek determines to be harmful to its other clients, operations,
or reputation; terminate Your Subscription Service if the contents
of your website result in, or are the subject of, legal action or
threatened legal action, against Yoltek or any of its affiliates
or partners, without consideration for whether such legal action
or threatened legal action is eventually determined to be with or
You agree you will not be entitled to a refund of any fees paid
to Yoltek if, for any reason, Yoltek takes corrective action with
respect to your improper or illegal use of the Subscription Service.
5. Cancellation. You may cancel your Subscription Service at any
time. To cancel your Subscription Service you must submit your written
notice of cancellation to Yoltek (as provided herein) and include
the following information: (i) Your Yoltek Account Number; (ii)
your Yoltek Website Web address; and (iii) your reason for requesting
cancellation. In the absence of such written notice of cancellation,
Yoltek will automatically continue the Subscription Service indefinitely
and Yoltek will bill for the Subscription Service at Yoltek’s
then current rates.
6. Term and Termination.
a. Term. Your Subscription Service shall be on an annual basis
for successive annual periods, unless either party notifies the
other of termination in accordance with this Agreement.
b. Notice of Service Cancellation by You. Any termination of your
Subscription Service must be in accordance with our cancellation
policy. Unless terminated earlier as provided herein, this Schedule,
and the Agreement (if you have no other services with Yoltek) will
be terminated on the day in which your cancellation notice was received
and processed by Yoltek.
7. Website Content.
a. Copyright. You agree to only provide content that is properly
licensed for use on your website. You must either be the copyright
holder, or you must license the content for use on your website.
b. Excessive Content. In Yoltek's sole discretion, if the content
you wish to place on any of the web pages on your website is excessive
in quantity or complexity, Yoltek may charge additional fees to
place the content on your website. Yoltek will inform you if this
is the case.
8. Hosting Uptime Guarantee. Yoltek offers an uptime guarantee
for the Web Hosting Service of 99.9% of available time. In a given
calendar month, if Yoltek fails to maintain 99.9% availability of
your website during that calendar month, you may contact Yoltek
and request a $5 credit for that calendar month. The credit may
be used only for the purchase of further products and services from
Yoltek, and is exclusive of any applicable taxes. The credit does
not apply to service interruptions caused by: (i) periodic scheduled
maintenance or repairs Yoltek may undertake from time to time; (ii)
errors caused by you from custom scripting or coding; (iii) outages
that do not affect the appearance of the website but merely affect
access to the website such as FTP and e-mail; and (iv) causes beyond
the control of Yoltek or that are not reasonably foreseeable by
Yoltek. Total uptime shall be solely determined by Yoltek and shall
be calculated on a monthly basis.