a. These Terms of Service (the "Agreement") describe Frontier Web's current policies and practices with regard to its service offerings (the "Services"). b. The terms "we", "us", "our", and "ours" when used in this Agreement refer to Frontier Web, which includes all its parents, subsidiaries, divisions, branches, affiliates, and/or companies under common ownership or control of Frontier Web. c. The terms "you", "your", and "yours" when used in this Agreement refer to any current client of Frontier Web (the "Client").
a. Frontier Web's Services are made available to you provided that you are of legal age to form a binding contract and are not a person barred from using such Services. b. In order to access certain Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Services. c. You are solely responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. Frontier Web shall have no responsibility nor shall it be liable for losses or damages due to unauthorized access to, or use of, your account. It is solely the Client's responsibility to verify whether there has been unauthorized access to their account, and to promptly inform Frontier Web.
a. The Client acknowledges that as between Frontier Web and the Client, Frontier Web owns all right, title, and interest in and to the Services, including all intellectual property rights associated therewith. Except as expressly set out in this Agreement, all rights in and to the Services are reserved by Frontier Web. b. Frontier Web hereby grants to the Client a personal, non-transferable, non-exclusive, limited license to use the Services for internal business or personal purposes, and solely with respect to a single website (the "Client Website"). c. You agree that you will not, and will not attempt to: (i) copy the Services or any part thereof; (ii) assign this Agreement or transfer, lease, export, or grant a sublicense of the Services to any other party unless authorized by Frontier Web in writing; (iii) reverse engineer, decompile, or disassemble the Services; (iv) use the Services except as permitted in this Agreement; (v) permit third parties to use the Services.
a. Payment of any ongoing costs contracted in a Client Agreement, such as hosting and maintenance fees, will be due and payable initially upon the commencement of the Services and on the anniversary thereafter. The Client is required to supply Frontier Web with payment and/or the appropriate billing information. b. In the event of overdue or non-payment by the Client for a period of sixty days, Frontier Web reserves the right to cease providing Services to the Client until such time as all overdue amounts are paid in full.
a. Frontier Web warrants that in case of an interruption of access to the Client's Website due to problems in Frontier Web's software, the Client Website will not be inoperative for an accumulated total of more than one day per year. If Frontier Web fails to meet this level of service, the Client will receive free Services for the month during which the interruption took place. b. For greater certainty, this warranty relates only to Frontier Web's own Services and does not cover third party services, such as its co-location partner and email dispatch partners, which Frontier Web has no control over. Frontier Web does not warrant that there will be no interruptions due to loss of services as supplied to it by third parties or by general outages of the Internet. c. Except as provided in sub-sections a and b, Frontier Web provides the Services to you on an "as is" and "as available" basis, without representations, warranties or conditions of any kind whatsoever, whether express or implied, statutory, or arising otherwise in law or from a course of dealing, or usage. d. In any case, Frontier Web's maximum cumulative liability under the Terms of Service shall not exceed in the aggregate the sum of fees (net of taxes) paid to Frontier Web by the Client in the prior twelve (12) months.
a. The Client agrees to use the Services in a responsible manner. The Client agrees to not request the following personal data from visitors: Social Insurance Number, driver's license, passport, or credit card. Frontier Web will not be responsible for the presence of any such data in the Client's database. b. The Client agrees to abide by the Human Rights Code of Canada and all other applicable laws and regulations. The Client agrees to not upload and/or display content that promotes intolerance of any social or religious groups on their Website. The Client agrees to not upload and/or display pornographic content on their Website. The Client understands that it is illegal to appropriate copyrighted material whether it be, music, imagery, text, etcetera and use it as content for their Website. The Client agrees to not promote the unauthorized exchange of copyrighted material on or through their Website. c. Frontier Web reserves the right, but has no obligation, to review all hosted sites from time to time to determine whether the above restrictions are being respected. Frontier Web reserves the right to immediately modify or remove any content that violates this section. d. Users outside of Canada agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from Canada or your country of residence. e. The Client agrees not to engage in any activities that interfere with or disrupt the Services, or any systems, servers, or networks which are connected to the Services. f. The Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of Frontier Web's Services or Client Websites.
Frontier Web may automatically make upgrades to the Services such as bug fixes, patches, enhancements, and additions of new functionality.
a. The Client hereby agrees to indemnify and hold harmless Frontier Web and its officers, directors, employees, agents, and professional advisors on a full recovery basis against all claims, damages, liability, loss, and expense of any nature (including reasonable legal fees) which Frontier Web may suffer or incur as a result of or in connection with: (i) violation of these Terms of Service; (ii) any demand, claim, suit, action, or proceeding by a third party against the Client due to or in connection with content published to the Client's Website; (iii) damage to Frontier Web's systems resulting from the introduction by the Client of any virus, worm, trojan horse, or other limiting, disabling or otherwise harmful device, code or effect. b. This indemnification obligation shall survive expiry or termination of this Agreement.
a. Frontier Web may cancel its Agreement with the Client for any of the following reasons: (i) if the Client breaches any of the Terms of this Agreement; (ii) if the Client becomes insolvent or subject to bankruptcy proceedings; (iii) on a change of control of the Client; or (iv) if the Agreement becomes an inconvenience for Frontier Web. b. The Client may cancel this Agreement for any or no reason by providing Frontier Web with written notice of the same at least two weeks prior. In the event of cancellation by the Client, in addition to any other rights of or remedies available to Frontier Web, the Client shall pay to Frontier Web any outstanding amounts owing. Such payment shall be payable within thirty days of the Clients notice of cancellation. c. Upon expiry or cancellation, the license granted under this Agreement shall automatically terminate and the Client will thereafter not be entitled to use the Services. d. In the event of expiry or cancellation of this Agreement and upon receiving full payment for services rendered to date, Frontier Web will provide, at the request of Client, an HTML version of the visible portions of the Client's Website. Due to technical limitations, certain database-driven features such as catalogues and other similar custom applications cannot be provided. e. Due to the nature of the Services, Frontier Web does not offer refunds.
a. As part of this Agreement, a site credit such as "Powered by Frontier Web" may be posted at the bottom of every page of the Client's Website and/or on every email communication sent on behalf of the Client. b. The Client acknowledges and agrees that Frontier Web may list the Client on its website as a Client of the same, and may display the Client's Website as part of its portfolio.
Neither party will be liable for any delay, interruption, or failure in the performance of its obligations if caused by an act of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected. This section does not apply to excuse a failure by the Client to make any payment when due.
If any provision or part thereof contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions or parts thereof contained herein shall not be in any way affected or impaired thereby.
a. No supplement, modification or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. b. No waiver of or consent to depart from the requirements of any provision of this Agreement shall be binding against either party unless it is in writing and is signed by the party giving it. Such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it has been given and shall not be deemed or constitute a waiver of any other provisions (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. No failure on the part of either party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. c. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Each party irrevocably submits to the non-exclusive jurisdiction of the Courts of Ontario with respect to any matter arising hereunder or related hereto. d. This is an agreement between separate legal entities and neither is the agent or employee of the other for any purpose whatsoever. The parties do not intend to create a partnership or joint venture between themselves. Neither party shall have the right to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party. e. This Agreement shall inure to the benefit of and be binding upon each of the Parties and their heirs, personal representatives, respective successors (including by amalgamation or statutory arrangement) as applicable.
If you have any questions about our Terms of Service, please feel free to contact us. Last updated: 24 October 2017