Terms of Service

Terms of Service
DEFINITIONS

CLIENT : an individual having made an order of SERVICES and being the contract holder.

CONTENT : all components such as text, images, audio, video, programs and in general, all information of any kind made available online through the Internet by means of the SERVERS. The CONTENT includes, in particular, all the components of the content placed online by the CLIENT, including components provided by third parties.

IXANET: refers to the provider of the SERVICES, located in Canada.

SERVERS : secure hardware platform administered and maintained by IXANET at its premises, to which the CLIENT will be able to transfer the CONTENT via the Internet for public and private use. IXANET servers are located in Canada.

SERVICES : the services offered by IXANET to CLIENTS, including the supply of the following services and any other related service:

Cloud Services;Web Services; Various web solutions accessible through the Internet network by means of the SERVERS, including, among others, private cloud services and any other service of the same kind, which may be provided by IXANET;

Provision of Service(s)

IXANET reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between IXANET and the Client under this Contract.These Conditions together with any terms set out in the Agreement between IXANET and the Client constitute the entire agreement between the parties, supercede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
Canadian law shall apply to any Contract unless specifically stated otherwise, and the parties agree to submit to the exclusive jurisdiction of Canadian courts.

The Service(s)
IXANET may at any time without notifying the Client make any changes to the Service(s) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and or quality of the Service(s).

IXANET does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.

Ownership of Information

All Client information, and data stored on IXANET servers is treated as private and solely the property of the Client at all times with express or implied permission of the Client and/or for the purposes of IXANET back-up routines and/or providing the Client with support services or as required by the law.

CLOUD SERVICES

IXANET shall be entitled to restrict bandwidth or other system resources available to the client at any time to protect all clients from time to time where necessary.
IXANET will turn off cloud services if they are not paid for promptly. At least one reminder will be sent to the Client’s last notified contact address before this action is taken. The full amount outstanding for services must be received as cleared funds before the service is re-activated in the event of service suspension.

Regular backups are made on all servers. However, where IXANET is not directly responsible under specific monthly contract for the maintenance of a Client’s Cloud Service, IXANET shall have no liability for loss of data or any other item in connection with the service. It is the owner of the site’s responsibility to assure that he/she has all relevant material backed up.

If IXANAET determines, in their sole discretion, that the vulnerability puts any systems at unsatisfactory risk, immediate actions may be taken to disable or otherwise remove service from the system.

IXANET  does not allow upload or linking to of any illegal of copyrighted material (this includes warez, software cracks, copyrighted movies or music, etc). IXANET does not allow IRC clients or bots, torrents or running torrent trackers.

DATA

All Data is stored securely and is non-accessible to other internet users.

IXANET cannot accept responsibility or liability for any data or information.

The Client undertakes that the Client’s data (whether stored or sent over the internet) will not contain anything obscene, offensive or defamatory. The Client will indemnify IXANET and keep IXANET fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to IXANET as a result of any breach of the said undertaking.

 

ACKNOWLEDGMENT AND ACCEPTANCE OF THE CONTRACT

The use of the SERVICES by any CLIENT implies acceptance of the CONTRACT.

DESCRIPTION OF THE SERVICES

IXANET undertakes to provide the SERVICES to the CLIENT.

IXANET makes technical assistance available to the CLIENT in connection with the SERVICES by email, Live Chat and through the member space.

IXANET will offer 24/7 access but is unable to guarantee such access due to the nature of the network.

 

CLIENT’S OBLIGATIONS AND RESPONSIBILITY

The CLIENT confirms having verified that the SERVICES meet his requirements and that IXANET has provided him with all the information and advice necessary to enter into this commitment knowledgeably and willingly.

The CLIENT may not use the SERVICES  violating any applicable law

The CLIENT must keep a personal backup copy of its CONTENT on its personal computer or any other backup device.

The CLIENT must use the SERVICES reasonably, responsibly, and in compliance with the use intended by IXANET. The CLIENT must, in particular, ensure that these programs do not adversely affect the SERVERS on which they are deployed (with respect to server storage, CPU or memory resources).

The CLIENT undertakes to use the SERVICES in compliance with the law, including with third parties’ rights, and particularly third parties’ personality, intellectual property rights such as copyrights, patents or trademarks.the Client’s data (whether stored or sent over the internet) will not contain anything obscene, offensive or defamatory

The CLIENT acknowledges that it is responsible for any activity on its IXANET account or via such account. The CLIENT undertakes to protect the confidentiality of its password.

Some of the SERVICES enable the download, upload, storage, sending or reception of CONTENT. The CLIENT retains all rights to its intellectual property on such CONTENT.

The use of SERVICES does not convey any right over intellectual property rights on the SERVICES or the CONTENT that may be accessed thereby. The CLIENT agrees not to use any CONTENT obtained through SERVICES without prior permission of the content owner, unless authorized by law. The CONTRACT does not convey a right to use any trademark or logo displayed on the SERVICES. The CLIENT is not permitted to remove, hide, or modify the legal notices set out in the SERVICES or with the SERVICES.

IXANET gives the CLIENT a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software, which is provided by IXANET as part of the SERVICES. This license is exclusively intended to allow the CLIENT to use and benefit from the SERVICES provided by IXANET, in accordance with the CONTRACT. The CLIENT shall not be entitled to copy, modify, distribute, sell or rent all or a part of the SERVICES or of the software that is part of it. Similarly, the CLIENT shall not be entitled to decompile or otherwise attempt to extract the source code of the software, except in those cases where the right to compile is permitted by law and within the limits allowed by law, or where the CLIENT has obtained IXANET’s prior written permission.

PRICE AND BILLING

All prices shall include all taxes and be payable in the currency chosen by the CLIENT, including Canadian dollars and U.S dollars.

STORAGE AND OTHER LIMITATIONS

A storage capacity shall be allocated to the CLIENT depending on the selected SERVICES. The CLIENT may purchase additional storage space from IXANET. Exceeding any applicable or reasonable bandwidth limit or storage capacity is forbidden and may prevent the CLIENT from performing backups or adding CONTENT. If the use of the SERVICES by the CLIENT or any other behavior, whether intentionally or not, threatens IXANET’s ability to provide the SERVICES or other systems, IXANET may take all reasonable measures to protect the SERVICES and IXANET’s systems, including the suspension of the CLIENT’s access to the SERVICE. Repeated breach of the stated restrictions may result in the termination of the CONTRACT, the SERVICES and the CLIENT account.

TERMINATION

CLIENT may at any time and at its discretion, terminate the CONTRACT by sending a notice to IXANET. The amounts paid by the CUSTOMER in relation to services are not refundable.

IXANET may terminate the CONTRACT at its sole discretion, upon 30 days’ prior notice.

In situations where the SERVICES or any obligation of IXANET under the present CONTRACT are prevented, limited or disrupted by any force majeure event beyond the reasonable control of IXANET, including but not limited to: fires, explosions, failure of the transmission networks, collapse of infrastructures, epidemics, earthquakes, floods, electrical failure, war, embargo, law, injunction, government requirements, strike, boycott, failure of its network service provider, IXANET shall be relieved of its obligations under the CONTRACT.

In these situations, IXANET shall be released from its obligations within the confines of this impediment, limitation or disruption.

COMPENSATION

The CLIENT shall release and indemnify IXANET, its associated companies, its agents and employees from any liability for claims, demands, suits or actions arising from or related to its use of the SERVICES or consequent upon the violation of the present Terms and Conditions, including any liability and financial burden arising from claims, recorded losses or damages, prosecutions and court decisions, legal fees and associated counsel’s fees.

DISCLAIMER OF WARRANTIES

IXANET cannot be held responsible for any of the following circumstances:

Deterioration of an application caused by the CLIENT and/or non-compliance with given advice;
Improper use of the SERVERS and software by the CLIENT or its customer base;
Partial or complete destruction of the information transmitted or stored caused by errors that are directly or indirectly attributable to the CLIENT.
IXANET shall not be held responsible for the CLIENT’s non-compliance with the rules, laws and with national and international public policy and moral obligations.

Given the characteristics of the Internet of which the CLIENT declares having knowledge, IXANET shall not be held responsible for:

The content of the information that is transmitted, displayed or collected, its operation and update as well as any file and notably address files and also audio, text, images, formal aspects, data accessible on the cloud in any way whatsoever.
The possible misuse of passwords, secret codes, and more generally of any information sensitive to the CLIENT. IXANET cannot be held responsible for such management, for which the responsibility lies with the CLIENT.
Indirect damages, referring to losses that do not directly and exclusively result from the partial or total failure of the SERVICES, such as commercial damage, loss of orders, deterioration of the brand’s image, any business damage, loss of profit or loss of CLIENTS (for instance, the inappropriate disclosure of confidential information, as a result of a defect or system hacking), for which the CLIENT will act as its own insurer or may take out the appropriate insurance. Any action brought against the CLIENT by a third party constitutes an indirect loss, and thus cannot give rise to compensation.

IXANET shall not be held responsible for the full or partial non-compliance with an obligation and/or a failure of the operators of the networks providing access to the Internet, and in particular of its access provider(s). In consequence, IXANET informs the CLIENT that the provision of SERVICES depends on other technical operators and that it shall not be held responsible for their default.

LIMITATION OF LIABILITY

Within the limits of the law, IXANET, its suppliers and distributors cannot be held responsible for the loss of profit, income, data or the indirect, special, accessory or punitive damages and interest.

 

APPLICABLE LAW AND JURISDICTION

The laws of  Canada other than its conflict of law rules applicable in this province govern any dispute arising from the CONTRACT or the SERVICES.