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Conditions of Use

TransCanada Network - Service Agreement

Terms & Conditions

This agreement represents the complete understanding between TransCanada Network Services, (hereinafter called TCNS) and the customer or customer's agent (hereinafter called WEBSITE CLIENT).

TCNS agrees to keep an updated list of these terms and conditions, including changes, additions or removal of services on-line. TCNS agrees to provide advance notification to existing WEBSITE CLIENTS of such changes to terms and conditions.

By submitting an on-line order form or by sending an email request for service, WEBSITE CLIENT acknowledges having read this agreement and agrees to be bound its terms and conditions.

Services

TCNS will provide computer software, hardware, network and internet services to WEBSITE CLIENTS in exchange for payment of fees and compliance with the terms and conditions of this agreement. TCNS reserves the right to refuse service to any new or existing customers.

TCNS hosting services are defined as storage and maintenance of files and software on behalf of WEBSITE CLIENTS for access over the Internet. TCNS custom programming services are defined by a project quotation issued by TCNS and approved of by the WEBSITE CLIENT. TCNS administration services are defined as providing file setup and DNS service for the website, reasonable customer service support and file update transfers, search engine site promotion, and submitting and maintaining ownership of a domain name at the request of the WEBSITE CLIENT. TCNS does not assume any responsibility for the acceptance of the domain name. WEBSITE CLIENT acknowleges responsibility for 1) the accuracy and completeness of the information on order forms, 2) keeping the information current on update forms, 3) the legal right to register and use the domain name(s) registered, and 4) agrees to pay non-refundable domain registration fees, if applicable. WEBSITE CLIENT agrees to be bound by the Uniform Domain Name Dispute Resolution Policy found here and here for .uk domains when registering a domain and agrees that their domain will be governed by standards of performance and responsibility found here for .ca and found here for .tv and found here and here for .uk.

TCNS agrees not to share WEBSITE CLIENT information with any third party except as required to register a domain or as required by law.

WEBSITE CLIENT agrees to obtain permission from copyright holders prior to submitting any Copyright material storage request to TCNS. Material which is considered obscene in nature, prohibited by law or otherwise objectionable will not be stored by TCNS. WEBSITE CLIENTS using TCNS mail list services agree to only include recipients who have expressed interest in being on the list and agree to include a method for receipients to easily unsubscribe in every transmission. TCNS reserves the right to terminate service for the distribution of unsolicited email.

WEBSITE CLIENT will direct TCNS to WEBSITE CLIENT's development or ftp site or will send content via email or upload files via 24 hr FTP. TCNS will perform a reasonable number of page updates throughout the year at no additional charge with turnaround times satisfactory to WEBSITE CLIENT.

In no event shall TCNS be liable to the WEBSITE CLIENT for any damages of any kind arising out of the use or inability to use any TCNS service. In the event of TCNS' inability to perform hosting service which the WEBSITE CLIENT has paid for, TCNS' maximum liability shall be limited to a prorated amount equivalent to remaining months of service and a one time transfer of backup files.

WEBSITE CLIENT agrees to indemnify and to hold TCNS, and any third party entities related to TCNS services, including Network Solutions Inc, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to the WEBSITE CLIENT's breach of any of the representations and warranties herein, or any other third party claim or related to any unauthorized use of WEBSITE CLIENT's password protected resources.

We give attention to your privacy and security a priority. You may use our free domain name search utility to check for domain name availability and browse our website without disclosing any personal information. We do not use cookies to store personal data nor do we link non-personal information stored in cookies with personal data. We do not collect information about our visitors from other sources, such as public records or bodies, or private organizations. We do collect the personal data you may volunteer when completing a form for service and this information is used to validate domain ownership or to contact you to provide you with details about your service and in advance of service expiry to give you the opportunity to renew. Personal information is not shared with any third party except as required to provide service or as required by law. You are notified in advance by webmaster@tcns.com if the use of your personal information changes and your objection to any changes will be respected.

Our order forms collect both personal data (such as name and contact details) as well as credit card information through a secure server. Passwords are available (to recall your personal information, not credit card information) online by email via http://admin.tcns.com. If your email address changes before you are able to obtain a copy of your password, email webmaster@tcns.com with the new email address. We have security policies, rules and technical measures to protect the personal data that we have under our control from: unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data. You may access a copy of your personal information via http://admin.tcns.com anytime by providing proof of your identity. Under no circumstances will we refuse to allow you access to your information or to change it. If you have any concerns about your security or privacy please contact webmaster@tcns.com.

Fees

Prices are stated in Canadian Funds unless otherwise quoted. Fees are billed in Canadian Dollars. Customers outside of Canada receive the benefit of the exchange rate through their financial institution.

Every order form lists the price the WEBSITE CLIENT agrees to pay for the service selected. Every order is replied to with an email receipt which lists services, the term of service and applicable fees for service.

Hosting, DNS and other administrative service payments are due in advance of receiving service.

Custom programming service payments are due 50% with approved project quotation and 50% within 30 days of project completion.

There is a $25.00 service charge for each returned cheque. There is a $50.00 service charge for administration for a chargeback. When payment is submitted by credit card, the WEBSITE CLIENT acknowleges that they have the legal right to use the card or are the owner of the card. TCNS reserves the right to delay or interrupt service for non-payment of fees.

Domain registration fees, where applicable as well as fees to establish domain name ownership are non-refundable.

Annual services (website hosting, DNS, redirection and domain name ownership) will automatically renew on the anniversary date TCNS starts providing the service unless notification to discontinue service is received from the WEBSITE CLIENT via email or regular mail. Renewal fees are due within 15 days of notification from TCNS. Monthly services will automatically renew on or about the 15th of every month unless notification to discontinue service is received from the WEBSITE CLIENT via email or regular mail. For domain names, a minimum of 3 pre- and post-expiration notifications are emailed. TCNS may, at it's discretion use additional phone, mail and fax domain renewal notifications methods. Fees, including multi-year and multi-domain volume discounts are available here.

TCNS provides a 30 day money back guarantee from the date TCNS starts providing the service however you may also discontinue service by sending email to info@tcns.com or by sending regular mail to TransCanada Network Services 2100 Bloor Street West, Suite 6007, Toronto, ON Canada M6S 5A5.

A compresensive fee schedule is available upon request, anytime.

Governing Law

This agreement shall be governed under the laws of the province of Ontario, Canada.
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