Webware Group Inc. owns and operates the Website. Webware Group Inc. and related words, domain names and logos are trademarks and are the property of Webware Group Inc. and used by its affiliates and authorized distributors under license from Webware Group Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The material contained on the Website, including all content, site design, text, graphics, and the selection and arrangement thereof are copyright ©. ALL RIGHTS RESERVED. No material from the Website or any Website owned, operated, licensed or controlled by Webware Group Inc., may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Website only for the purpose of reference. The use of any such material for any other reason, on any other Website, or the modification, distribution or republication of this material without the prior written consent of Webware Group Inc. is strictly prohibited.

Disclaimer

The Website and the information or materials herein are provided on an "as is" basis. Webware Group Inc. makes no representations or warranties, either express or implied, of any kind with respect to the Website or its contents. By using or attempting to use the Website, the user acknowledges that Webware Group Inc. makes no warranties or representations regarding the content of the Website. There are no warranties or representations made regarding the content of the Website in terms of how current it is, its accuracy, or its completeness.

Webware Group Inc. obtains photographs and graphic images directly, or from other third parties. All images produced by Webware Group Inc. are the property of Webware Group Inc.. All other photographs or images are purchased directly or are collected from Public Domain sources.

From time to time as a service to users of the Website, Webware Group Inc. may include links to other web sites. In such cases, Webware Group Inc. provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and the user hereby irrevocably waives any claim against Webware Group Inc. with respect to such websites.

Limitation of Liability

Except as specifically stated on the Website, neither Webware Group Inc. nor any of its partners, employees or other representatives will be liable for damages arising out of or in connection with the use of the Website, or any linked web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, special, punitive, incidental, exemplary or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. These limitations apply even if Webware Group Inc. has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Governing Law

The Website (excluding linked websites) is controlled by Webware Group Inc. from its offices within the Province of Ontario, Canada. The Website can be accessed from countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Website, the user agrees that all matters relating to access to, or use of, the Website, or any other hyperlinked web site, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the user does so voluntarily and is responsible for complying with local laws.

Hosting Service Agreement

Data Integrity

The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Webware Group Hosting servers).

Webware Group is NOT RESPONSIBLE for any lost files, information or data.

Webware Group makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.

Although Webware Group hosting backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Webware Group does not guarantee to possess the most current copy of a subscriber's website in its own backups.

WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION

Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. WEBWARE GROUP INC. HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY WEBWARE GROUP INC. OR WEBWARE GROUP INC.'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. WEBWARE GROUP INC. DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. WEBWARE GROUP INC. DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. WEBWARE GROUP INC. DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR WEBWARE GROUP INC. IN PARTICULAR.

Limitations on WEBWARE GROUP INC.'s Liability. WEBWARE GROUP INC. SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL WEBWARE GROUP INC. BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WEBWARE GROUP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WEBWARE GROUP INC. SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. WEBWARE GROUP INC.'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL WEBWARE GROUP INC.'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO WEBWARE GROUP INC. FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, WEBWARE GROUP INC.'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification of WEBWARE GROUP INC.. You, the Subscriber, agree to defend, indemnify and hold WEBWARE GROUP INC., its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from WEBWARE GROUP INC.'s own gross negligence or willful misconduct. WEBWARE GROUP INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.

DOWNTIME CREDIT POLICY

COVERAGE
This Downtime Credit Policy Agreement applies only if you are a Webware Group Website Hosting Client.

UPTIME
Webware Group Inc. strives to maintain 99.9% service availability. Uptime coverage includes web site, email, and other virtual services only. Third party control panel applications are excluded. Downtime does not include inability to access clients website due to malware warnings or malicious third party code.

CREDITS
In the event of an outage where Webware Group Inc. does not meet 99.9% uptime, Webware Group Inc. will issue a credit to the client's account only for the monthly service as calculated below. This will be calculated by a 24 hour day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month. Credits are only issued to accounts in good financial standing with Webware Group Inc.

CREDIT CALCULATION METHOD
One(1) hour is equal to One(1) day of service. For outages of 8 hours or more a maximum credit of one full month of service will be credited to the client's account.

Example credits on the Linux Starter Hosting plan:

HOW TO REQUEST CREDIT
In order to receive a credit to your account, you must request a credit within seven (7) business days of your experienced downtime. All requests must contain your account name and/or user name, the dates and times of the downtime of your web site, the domain that experienced downtime, the ticket number of a support request regarding the issue (if applicable), and the server said domain is hosted on. Webware Group Inc. will make every effort possible to credit your account in a timely manner. Credit to your account shall be the exclusive resolution to any website downtime. All credits issued are at the sole discretion of Webware Group Inc. Credits will be made in the form of savings on future billing charges. No cheques or other monies shall be sent direct to the client as a result of an account credit.

RESTRICTIONS
Credits shall not be provided to you in the event that you have downtime resulting from scheduled maintenance, account suspensions or downtimes resulting from a client's own coding or applications, or circumstances beyond Webware Group Inc.'s control, including and without limitation, malware attacks, trojans, acts of any governmental body, acts of God, war, insurrection, embargo, sabotage, fire, flood, labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of services.