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Terms of Service

This is a contract between you (“you” or “your”) and HOSTSELLERS.COM ("HOSTSELLERS"). It states the terms and conditions which apply to your purchase and use, in any manner, of the HOSTSELLERS web hosting, Email and domain services (collectively, the "Services"), as described at www.hostsellers.com  (the "Site").

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE “END-USERS”).  YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.


HOSTSELLERS reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to customers. Any changes or modification will be posted by HOSTSELLERS, and become effective upon posting of the revisions on the Site. HOSTSELLERS will post a notice of such changes or modifications on the Site for thirty (30) days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following HOSTSELLERS' posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.

1. Term and Payment for Services

1.1 Term and Termination. The Services are provided on a fixed term basis and shall be provided, unless HOSTSELLERS receives additional payment from you, until the last day of the fixed term (“Termination Date”). Either party may at any time terminate this Agreement, prior to the Termination Date, provided that HOSTSELLERS will provide the Services until the Termination Date. Subject to 1.2 below, no credits shall be provided to you for the value of the Services between the date that you notify HOSTSELLERS that you no longer wish to receive the Services and the Termination Date.

Notice of Termination. You must provide HOSTSELLERS with notice of termination in writing by Email (from the Email account specified by you when first ordering the Services) to sales@hostsellers.com. If you wish to fax in your Notice of Termination, we will provice you with a fax number upon request. Please telephone the following number(s) to obtain our fax number: 1-877-433-4678 (North America) / 1+416-916-4678 (International).

You shall provide HOSTSELLERS with sufficient identification information so that HOSTSELLERS may properly identify you and your account. Any notice of termination will be effective thirty (30) days following HOSTSELLERS' receipt thereof.

1.2 Thirty-Day Refund Policy. If you terminate this Agreement within thirty (30) days of agreeing to be bound hereto, you shall receive a refund for all amounts paid by you to HOSTSELLERS for the Services, excluding any amounts paid for Non-Refundable Amounts, as defined below.  “Non-Refundable Amounts” include set-up fees, Miva Merchant license key fees, additional bandwidth charges and additional storage charges. Thirty-Day Refund Policy applies to new accounts only.

1.3 Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, HOSTSELLERS will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. HOSTSELLERS shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, HOSTSELLERS shall have no obligation to forward any Email messages, data, information or other content related to your use of the Services, and you acknowledge that all such Email messages, data, information and content may be immediately deleted by HOSTSELLERS.

1.4 Charges. You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by HOSTSELLERS. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by HOSTSELLERS. HOSTSELLERS shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by HOSTSELLERS. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on HOSTSELLERS' net income.

1.5 Payment. All charges for the Services must be paid in advance according to the then current price applicable to the Services. When ordering the Services through the sign-up server at the Site, you must elect to pay for the Services by credit card. HOSTSELLERS reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.

1.6 Credit Card Payment. When you pay for the Services by credit card, you expressly authorize HOSTSELLERS or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and HOSTSELLERS does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by HOSTSELLERS. You must notify HOSTSELLERS of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit HOSTSELLERS from charging your account.

1.7 Suspension of Services. Payment in full must be received by HOSTSELLERS on or before the date of expiry. Failure to renew your website hosting account will result in an immediate suspension of services as provided by HOSTSELLERS.

1.8a Failure to Pay. If you fail to pay any fees and taxes within five (5) days from applicable due date, late charges of the lesser of two per cent (2%) per month (24% per annum) or the maximum amount allowable under applicable law shall also become payable by you to HOSTSELLERS. In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying HOSTSELLERS' immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating the Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.

1.8b Returned and NSF Cheques. Any payment made by cheque which subsequently is returned as NSF (or for any other reason) shall incur a fee of $25.00 per cheque returned. The original amount of the cheque is still due as are any fees as outlined in 1.8a above.

1.9 Non-Transferable. Services are non-transferable. Pre-paid and unused portions of any and all services can not be moved, applied, refunded or credited to another domain, account, user, customer or any other. Website, Email and other hosting products are linked to a specific domain name and can not be moved or transfered in whole or in part. Domain Name registrations are pre-paid for a minimum of one year and are non-refundable.

2. Use of Services

2.1 Responsibility for Use. You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify HOSTSELLERS of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to HOSTSELLERS, as requested, to stop, prevent or remedy any breach of security.

2.2 Applicable Policies and Agreements.
The HOSTSELLERS Acceptable Use Policy at:
http://www.hostsellers.com/company/policies/aup.php (the "Use Policy") governs the general policies and procedures for use of the Services.

The HOSTSELLERS Privacy Policy at:
http://www.hostsellers.com/company/policies/privacy.php (the "HOSTSELLERS Privacy Policy") describes how HOSTSELLERS collects, stores, processes and uses information associated with your use of the Services. You hereby consent to the collection, use and disclosure by HOSTSELLERS and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the HOSTSELLERS Privacy Policy.

The Domain Registration Agreements at:
http://www.hostsellers.com/domains/policies/index.php govern the use of domain names and applicable dispute resolution processes.

The Service Level Agreement at:
http://www.hostsellers.com/company/policies/sla.php sets out the minimum service levels provided and guaranteed by HOSTSELLERS.

All agreements and policies may be updated or amended from time-to-time.

2.3 Material and Product Requirements. You must ensure that all material and data placed on HOSTSELLERS' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by HOSTSELLERS. HOSTSELLERS will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", HOSTSELLERS has the option at any time to reject this material. HOSTSELLERS will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of HOSTSELLERS. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not HOSTSELLERS' responsibility to provide this knowledge or customer support.

2.4a Bandwidth, Storage, and Email Use. You agree that use of the Services hereunder will not exceed the bandwidth, storage and Email usage limits set out in the Site for the Services ordered by you. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed Email storage and attachment size limitations, HOSTSELLERS may, in its sole discretion, assess you with additional charges according to HOSTSELLERS' then current pricing policy, suspend the performance of the Services, or terminate this Agreement. In the event that HOSTSELLERS elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Warning messages will be Emailed to you as you exceed 80% and 90% of your plan's respective bandwidth and disk space limits. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.

2.4b Backup. It is your responsibility to always maintain and save a backup of all files and Email you store on our servers. HOSTSELLERS is not responsible for the loss of files or Email stored on our servers.

2.5 Domain Names. As part of the Services, you will provide HOSTSELLERS with a registered domain name or names or HOSTSELLERS will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any registrar’s policies, or any law or regulation. You agree to promptly reimburse HOSTSELLERS for any fees paid by HOSTSELLERS to any registrar with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request HOSTSELLERS will attempt to register with the registrar an alternative domain name chosen by you. You agree to be bound by the terms the registrar’s then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of a domain name. The inability to use a domain name shall not entitle you to a refund by HOSTSELLERS of any fees paid with respect to the registration of such unusable domain name. There is no charge for indefinite parking of domains on HOSTSELLERS servers or to transfer to another service provider. However, in the event a domain that was registered by HOSTSELLERS is transferred to another service provider, and requires manual intervention by HOSTSELLERS support staff to complete the transfer, there will be an administrative transfer cost charged for each domain plus applicable taxes. Domain Parking does NOT include any hosting services. You may not submit your own DNS entries because HOSTSELLERS is NOT a Registrar and hosting services for domain names residing on the HOSTSELLERS system must be provided by HOSTSELLERS. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment with respect to domain names will NOT be refunded or credited to your credit card. You are responsible for spelling a domain name correctly while registering it online. HOSTSELLERS will not provide refunds or credits for misspelled domain names.

2.6 Miscellaneous Components. You acknowledge that the Services do not include, without limitation, content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other such executables and that all of the foregoing are your responsibility. You may not compile or install binary files other than the ones provided by HOSTSELLERS. HOSTSELLERS does not make C compilers available and the PERL binaries provided will not have networking support (for example, socket ph, ftp.pl, etc.) You may use ftp to access your home directory for the purpose of installing and editing your web pages.

2.7 SSL Certificates. SSL certificates must be installed on your web server. Therefore, an end-to-end SSL installation support is possible only in cases where the domain is hosted at HostSellers. If the domain is hosted with any other provider, please contact their support for assistance with CSR generation and SSL installation.

3. Intellectual Property Rights

3.1 HOSTSELLERS Property. You hereby acknowledge and agree that all programs (in object code and source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of HOSTSELLERS, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. HOSTSELLERS shall also maintain and control ownership of all Internet protocol ("IP") numbers and Email addresses that may be assigned to you by HOSTSELLERS. HOSTSELLERS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and Email addresses at any time.

3.2 Your Content. HOSTSELLERS does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to HOSTSELLERS or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to HOSTSELLERS or any third party, using the Services, you have thereby granted HOSTSELLERS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by HOSTSELLERS for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement You expressly (a) grant to HOSTSELLERS a license to cache the Content, and (b) agree that such caching is not an infringement of any of your rights or any third party's rights.

4. Enforcement

4.1 Investigation of Violations. HOSTSELLERS may investigate any reported violation of this Agreement, its policies and guidelines or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its interests, including without limitation, its systems, servers, facilities, customers and/or third parties. HOSTSELLERS will not access or review the contents of any Email or similar stored electronic communications except as required or permitted by applicable law or legal process.

4.2 Actions. HOSTSELLERS reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Agreement, its policies or guidelines, third-party intellectual property rights or any laws. HOSTSELLERS may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on HOSTSELLERS' systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by HOSTSELLERS. It is HOSTSELLERS' policy to terminate Services to infringers. The above stated rights of action, however, do not obligate HOSTSELLERS to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that HOSTSELLERS has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event HOSTSELLERS takes action due to such possible violation, HOSTSELLERS shall not be obligated to refund to you any fees paid in advance of such action.

4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect HOSTSELLERS' systems and customers, or to ensure the integrity and operation of HOSTSELLERS' business and systems, HOSTSELLERS may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, Email address, etc.), IP address and traffic information, usage history, and content residing on HOSTSELLERS' servers and systems. HOSTSELLERS also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of HOSTSELLERS' Privacy Policy and HOSTSELLERS's right to disclose under this section, HOSTSELLERS's right to disclose under this section will prevail.

5. Warranties and Disclaimers

5.1 Your Warranties and Representations to HOSTSELLERS. You warrant, represent, and covenant to HOSTSELLERS that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOSTSELLERS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although HOSTSELLERS will use commercially reasonable measures to maintain the security of the Services, HOSTSELLERS assumes no responsibility for the effectiveness of these security measures provided by HOSTSELLERS.

6. Exclusion and Limitation of Liability

6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL HOSTSELLERS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "HOSTSELLERS ENTITIES" AND EACH, A "HOSTSELLERS ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE HOSTSELLERS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH HOSTSELLERS' SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE HOSTSELLERS ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE HOSTSELLERS ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO HOSTSELLERS BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (CDN$100.00) CANADIAN DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY HOSTSELLERS HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE HOSTSELLERS ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.

6.3 Interruption of Service. You hereby acknowledge and agree that HOSTSELLERS and its suppliers will NOT be liable for any delay, outages or interruptions of the Services. Further, HOSTSELLERS shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical electronic, communications or third-party supplier failure).

7. Indemnification

7.1 Indemnity to HOSTSELLERS. You hereby release and hold harmless, and agree to indemnify, the HOSTSELLERS Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the HOSTSELLERS Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

7.2 Third Party Beneficiaries. You are hereby notified that the HOSTSELLERS Entities are intended third-party beneficiaries of this Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.

8. General Provisions

8.1 Entire Agreement. This Agreement, including any domain registration agreements, documents, web sites, rules, terms, policies and guidelines referenced herein, constitutes the entire agreement between HOSTSELLERS and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between HOSTSELLERS and you with respect to such matters.

8.2 No Waiver. The failure of HOSTSELLERS to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and HOSTSELLERS nor trade practice shall act to modify any provision of this Agreement.

8.3 Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and HOSTSELLERS, and the remainder of this Agreement shall remain in full force and effect.

8.4 Choice of Laws. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without reference to rules governing choice of laws and the federal laws of Canada applicable therein. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts situated in the Province of Ontario in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph, is prohibited.

8.5 Successor Sites. All references to HOSTSELLERS web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).

8.6 Assignment. HOSTSELLERS may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.

8.7 Enurement. This Agreement will ensure to the benefit of and bind you and HOSTSELLERS and its respective personal and legal representatives, successors and permitted assigns.

8.8 Currency. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.

8.9 Cumulative Rights. The rights, powers and remedies of HOSTSELLERS in this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to HOSTSELLERS at law or in equity.

8.10 Survival. Any provisions, including without limitation the disclaimers of warranty and limitations and exclusions of liability contained herein, that by their meaning are intended to survive termination of this Agreement shall survive the termination of this Agreement.

8.11 Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between HOSTSELLERS and you as a result of this Agreement or use of the Services.

8.12 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.

8.13 Notices. Any notices or other communications sent by HOSTSELLERS to you shall be deemed to have been duly given and delivered to you when delivered by Email to the account specified by you when first ordering the Services

Any notices or other communications sent by you to HOSTSELLERS shall be deemed to have been duly given and delivered to HOSTSELLERS when delivered by Email to support@hostsellers.com.

 

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