This is a contract between you and the Gavamedia Corporation listed in the section titled “Gavamedia Corporation, Applicable Law, and Place for Resolving Disputes” in this contract. This contract refers to Gavamedia as “we,” “us,” or “our.” This contract applies to any Gavamedia sites (and their successor sites), services (including pre-release services) and software, including all updates, support, and content. This contract refers to all of these as the “service.” This contract also covers your use of any additional Gavamedia services for which you sign up while this contract is in force, unless other terms accompany those services. If so, those terms apply. You represent that you are at least 18 years of age or have attained the age of majority where you live, and that all information you supply is true and correct. Each service may have other posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this contract.

You may only use the service if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the contract carefully.

• Provision of Service

1. Gavamedia will provide you with the service ordered as described in the order summary. You understand and agree that Gavamedia will publish the Web site solely in accordance with the information provided by you in written form and telephone interview. After you provide all information and files, Gavamedia will begin building the Web site. The Web site will be made available for you to view prior to hosting for purposes of editing for corrections to content only. Editing beyond correction of content will be considered as additional services or part of the monthly update service (if you select this service) and will be billed as such. Gavamedia will bill final balance upon the earlier of i) 7 business days of making the site available for your review or ii) 45 days from purchase date, regardless of Web site progression. Gavamedia will attempt to contact you to notify that the site is completed, and ready to publish. In the event you do not respond within 7 business days, the site shall become “passively accepted” by you, and Gavamedia will publish the site and bill the remaining amount.

• How You May Use the Service

1. In using the service, you will

1. • comply with all laws,
   • comply with any codes of conduct or other notices we provide,
   • keep your password secret, and
   • promptly notify us if you learn of a security breach related to the service.

• Your Service Account

1. You may establish a service account and password for the service on the Gavamedia website. The service may enable you to have other people create member accounts and passwords associated with your account. We call these “associated accounts.” You are responsible for all activity under your account, associated accounts, and passwords.

• Associated Account Users

1. If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and in some cases, to request and receive computer and service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and Gavamedia.

• How We May Change This Contract

1. Gavamedia may change this contract at any time without notice. If we make a material change to this contract, we may notify you if we see fit. If you do not agree to the change, you must cancel and stop using the service. If you do not stop using the service, your continued use of the service will be under the changed contract.

• Charges and Billing

1. This section applies in all situations in which you pay Gavamedia directly for a service. If you pay a company other than Gavamedia for a service, then the charges and billing terms are as stated by that company. Even if you do not pay for the service, you may still incur other charges incidental to using the service; for example, charges for phone or Internet access, mobile text messaging, wireless service and other data transmissions.

1. 1. • Payment. All service use and access fees and other charges, including taxes, are due and payable within 30 days, or as specified by Gavamedia on invoices to you or the person or company paying the bill or as otherwise arranged with you by Gavamedia. Your service use, access fees and other charges will continue until the service is terminated. All amounts not paid by the due date are overdue and you must also pay a late payment charge of 5% per month on all overdue amounts. Any credit balance less than or equal to $5 at the time of cancellation of your Gavamedia account for the service will not be refunded to you. A returned payment administration fee will be charged on your next invoice for any payments not honoured by a financial institution or credit card company. Gavamedia may bill you exclusively by posting your bill on the Internet. If Gavamedia bills you through Internet posting, you agree that (i) you shall receive your bill, and applicable late payment charges shall begin to accrue, when Gavamedia posts your bill online at the website specified in the notice and (ii) you waive pre-notification of the amounts and dates of debits from your account. You agree that we can charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
      • Pre-Authorized Payments. You may enable pre-authorized payments if you provide a credit card or bank account (or another pre-authorized payment method) to Gavamedia for your payments. You authorize Gavamedia to charge your credit card or debit/charge your account for all outstanding fees, taxes, and account balances due under this contract, including any applicable late payment charges and termination charges, and this constitutes Gavamedia’s good and sufficient authority for doing so. You confirm that the credit card or bank account is in your name, is valid, and has not expired. You agree to promptly advise Gavamedia if your credit card or bank account information changes. Invoices will be sent 15 days before a pre-authorized payment is made. If you question or dispute any fees on your invoice when you have enabled pre-authorized payments, you must do so within 14 days of the invoice date; otherwise we will presume that you accept all fees, and you will be charged using a pre-authorized payment method. Disputed fees will not be considered past due unless Gavamedia has conducted an investigation and concluded that the fees are correct and there is no basis for the dispute, or reasonably believes you are using the dispute to evade or delay payment.
      • Charges. You will pay service charges in advance. We may charge you at one time for more than one of your prior billing periods. If we told you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
      • Updates to your Billing Account. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You must notify Gavamedia of billing changes by contacting: billing@gavamedia.com. You may change your payment method at any time. If you tell us to stop using your payment method and do not provide an alternative payment method, we will cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
      • Trial Period Offers. You may receive a limited time of free service or some other trial period offer. Unless we tell you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges or having your service downgraded to a service for which there is no subscription fee. If you do not cancel your service and we have told you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service. If we downgrade your service to one for which there is no subscription fee, some of your data may not be available to you and Gavamedia may delete that data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
      • Prices and Price Increases.
        • The price for the service excludes taxes, phone and Internet access charges, mobile text messaging, wireless service and other data transmissions, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your contract with your payment method provider.
        • If there is a specific time length and price for your service offer, then that price will remain in force for that time. When the offer period ends, we will charge you a new price for that service.
        • We may change the price of the service from time to time, but we will give you at least 30 days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect. If your service is on a period basis (for example, monthly or annually), then the new price will start on the date that we indicate.
      • Service Conversion. You may be able to switch your service to a different service. If you do, you authorize us to charge your payment method for any new service charges. If you switch to a service for which we do not charge a subscription fee or for which we charge a lower fee, we may, but are not required to, refund the unused portion of the service charge for the subscription fee service you previously used or the difference in the amount of the service fees. You may not credit any refunds to other services.
      • Refunds. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any returns will be at your expense, unless otherwise provided by law.
      • Payments to You. To receive a payment, you must promptly provide us with all information we need to make the payment (for example, bank account information for receiving the payment). You must provide us with the information we request before your right to receive payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment, and you agree to cooperate with us.
      • Online Statement; Errors. We will only provide you with an online billing statement either via e-mail or a website. Contact Gavamedia at billing@gavamedia.com request a copy of your statement. If you ask us to mail a copy to you, we may charge you a retrieval fee. We can only provide a paper copy that covers the 120 days prior to your request. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you do not tell us within this time, we will not be required to correct the error. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error.
      • Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. The late charge will be 5% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may limit, suspend, or cancel your service if you do not pay in full and on time.

• Limited License to the Background Technology

1. “Background Technology” means computer programming and formatting code or operating instructions developed by or for Gavamedia and used to create any portion of a Web site or used to operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, menu utilities, and PHP code, whether in database form or dynamically driven.

1. All Background Technology is property of Gavamedia, and you are denied from copying, distributing, transmitting, displaying, performing, creating derivative works of, and otherwise use any such Background Technology that is incorporated into a Web site, in whole or in part. You may not duplicate or distribute any Background Technology to any third party. All rights to the Background Technology are retained by Gavamedia. Without limiting the foregoing, you agree not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology.

• Limited License to Content

1. You hereby grant Gavamedia the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any User Materials, or any Marks you provided to Gavamedia hereunder.

• Changes to the Service; Cancellation or Termination

1. 1. • By Gavamedia. We may change the service at any time and for any reason without notice. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account. If we cancel the service without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.
      • By You. You may cancel your service at any time for any reason. Contact Gavamedia at billing@gavamedia.com for information about cancelling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
      • Data. Upon termination or cancellation of the service by you or us for any reason, Gavamedia may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
      • Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.

• Limits On Service

1. Gavamedia may establish limits on the service. For example, we may limit
   1. • the number of days the service will retain e-mail messages, message board postings and other content that Gavamedia, you or other users may post or provide,
      • the number and size of e-mail messages that you may send or receive through the service,
      • the maximum storage space on Gavamedia’s servers available to you,
      • the amount of bandwidth available for traffic to a Web site that we host for you,
      • the number of users on your account or any associated accounts,
      • the number of service accounts to which you may subscribe with one credit card,
      • how long we retain an inactive service account, which we define as one where you do not sign in to the service for an extended period of time, and
      • the number of transactions you can conduct through the service.
   If you exceed the published service limits, Gavamedia reserves the right to cancel your service.

• A Service May Be a Pre-release Version

1. A particular service may be a pre-release version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a pre-release service at any time without advance notice to you.

• Gavamedia Does Not Have Editorial Control

1. 1. • Content. Gavamedia, you, your associated account users and third parties may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Web sites (“content”) on the service. The service includes publicly accessible areas, such as a public Web site that Gavamedia hosts for you, a community bulletin board service, shared calendar or other public area that allows you to communicate with others (“public areas of the service”). It also includes areas of the service to which you can control access by others, such as shared work sites on Gavamedia servers (“private areas of the service”).
      • Intellectual property rights. Gavamedia does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others’ copyrights and intellectual property rights violates this contract. You represent and warrant that the use and publication of the content by you and others does not violate the intellectual property rights of any third party. You understand that Gavamedia may remove content at any time without notice when the content violates this contract or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.
      • Posting content. You understand that Gavamedia does not control or endorse the content that you and others post or provide on the service. Gavamedia doesn’t claim ownership of content that you and others post or provide. By posting or providing content you grant to Gavamedia and the public (for content posted on public areas of the service), or those members of the public to which you have granted access (for content posted on private areas of the service), free, unlimited worldwide and perpetual permission to
        • use, modify, copy, distribute, and display the content in connection with the service, and
        • publish your name with the content.
        You also give the public, or those members of the public to which you have granted access, permission to grant these rights to others. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. Gavamedia will not pay you for content you post on public areas of the service. This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.
      • Private areas of the service. You understand that certain technical processing of content posted on private areas of the service may be required to
        • store and retrieve the content,
        • conform to connecting networks’ technical requirements, or
        • conform to the limitations of the service.
      • Links to third-party Web sites. The service may contain links to third-party Web sites. These third-party Web sites are not under Gavamedia’s control. If Gavamedia has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by Gavamedia of any third-party Web site, service or product. Gavamedia reserves the right to disable links to any third-party Web site that you or other customers post on the service.

• Privacy

1. 1. • Access and Disclosure. In order to operate and provide the services, we collect certain information about you. We use and protect that information as described in the Gavamedia Online Privacy Statement. In particular, we may access or disclose information about you, including the content of your communications, in order to
        • comply with the law or respond to lawful requests or legal process,
        • protect the rights or property of Gavamedia or our customers, including the enforcement of our contracts or policies governing your use of the services, or
        • act when we believe, in good faith, that such access or disclosure is necessary to protect the personal safety of Gavamedia employees, customers or the public.
        You consent to the access and disclosures outlined in this section.
      • Transfer of personal information. Personal information collected through the service may be stored and processed in Canada or any other country or region in which Gavamedia or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country or region.
      • Performance and usage data. In order to provide you the service, we may collect certain information about service performance, your computer and your service use. We may automatically upload this information from your computer. This data will not personally identify you.
      • Filtering technology. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. Examples include filtering to stop spam and viruses or increase security. These means may hinder your use of the service.
      • Your privacy practices. In using the service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to (a) post a privacy policy on your Web site that, at a minimum, discloses any and all uses of personal information that you collect from such third parties, (b) provide a hypertext link to your privacy policy on the home page of your Web site and on all pages where you collect personal information from third parties, including on check out pages, and (c) use personal information only as expressly permitted by your privacy policy.

• Software

1. 1. • Use. If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we (or, based on where you live, one of our affiliates) grant you the right to use the software only for the use of the service authorized under this contract and only on that number of computers stated in your service offer. We (or, based on where you live, one of our affiliates) reserve all other rights to the software. Unless we notify you otherwise, your right to use the software ends when your right to use the service terminates or expires, and you must promptly uninstall the software. We may disable the software after the date the service ends.
      • Update. We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.
      • Scope of License. Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. Gavamedia reserves all other rights. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
      • Export Laws. The software is subject to Canadian export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

• Materials that Gavamedia Licenses to You

1. 1. • Media Elements and Templates. You may have access to media images, clip art, animations, music, sounds, shapes, video clips, templates and other forms of downloadable content (“media elements”) associated with the service. If so, you may copy and use the media elements, and license, display and distribute them, along with your modifications as part of your software products, including your web sites, but you may not (i) sell, license or distribute copies of the media elements by themselves or as part of any collection, or product if the primary value of the product is in the media elements; (ii) grant customers of your product any rights to license or distribute the media elements; (iii) license or distribute any of the media elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, entity, or activity; or (iv) create obscene or scandalous works, as defined by law at the time the work is created, using the media elements.
        
        If you obtain media elements and templates from Gavamedia, you may use them only if you have a valid license to do so.
      • Documents. You may have access to information on the service such as white papers, knowledge-base articles, datasheets and FAQs (“documents”). You may use the documents only for informational purposes. You may not copy, distribute, modify or make derivative works of the documents. Educational institutions that are officially accredited under local law may download and copy the documents for distribution only in the classroom.
      • Limitations. The license grant to use media elements, templates, and documents provided with the service does not include a license to the design or layout of the service or any Gavamedia owned, operated, licensed, or controlled Web site. You should not copy or retransmit any logo, graphic, sound, or image from the service, unless Gavamedia expressly permits it. Gavamedia and its suppliers do not warrant or guarantee that the media elements, templates, and documents are accurate and suitable for your purposes. Their inclusion with the service is not an endorsement of them by Gavamedia. Nothing available from the service is intended to be professional advice, including but not limited to, investment, tax, or legal advice.

• Gavamedia ID

1. We may provide you with Gavamedia ID credentials to use with the service. A Gavamedia ID is a multi-purpose authentication Web service that makes it easy for you to sign in to Web sites. We may contact members of a Gavamedia ID from time to time. Gavamedia ID members can opt-out of such communications any time. You may not use any software or hardware that reduces the number of users directly accessing or using Gavamedia ID (sometimes called “multiplexing” or “pooling” software or hardware). We require creating Gavamedia IDs for your customers in most situations, including, but not limited to, customers buying goods or services from you on a Gavamedia Web site, or adding subscribers to your own mailing list. Gavamedia will not share any personally identifiable Gavamedia ID information with third parties or advertisers. You are solely responsible for any dealings with third parties (including advertisers) that support Gavamedia ID, including the delivery and payment for goods and services. This contract applies to you whenever you access or use Gavamedia ID credentials. When you use Gavamedia ID to gain access to any site or service, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit.

• Your Dealings with Others

1. If you obtain anything from a third party (including third party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with Gavamedia. In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against Gavamedia, even if Gavamedia assisted in billing for the third party offering. You are solely responsible for your dealings with any third party, including
   1. • delivery of and payment for goods and services,
      • processing and verifying orders, payments and other transactions,
      • customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.),
      • determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions, and
      • the purchase and use by you and your associated accounts of any third party products and services.
   You represent and warrant that
   2. • the products and services you advertise, sell, and distribute are legal for sale and distribution and do not violate this contract,
      • you have all licenses necessary to sell, distribute, and advertise the goods and services you offer,
      • all sales and advertisements will comply with applicable law, and
      • you will comply with all applicable laws and regulations (including privacy laws and regulations that relate to your collection of information from third parties).

• Feedback

1. If you give feedback about the service to Gavamedia, you give to Gavamedia, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a Gavamedia software or service that includes the feedback. You will not give feedback that is subject to a license that requires Gavamedia to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.

• Our Notices to You; Your Notices to Us

1. This contract is in electronic form. We have promised to send you certain information in connection with the service and we have the right to send you this information in electronic form. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.

We may provide required information to you

• by e-mail at the e-mail address you specified when you signed up for the service, or
• on your home page when we first send you an e-mail notice alerting you to the notice on your home page.

Notices will be deemed given and received on the transmission date of the e-mail. 

1. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service.

• No Warranty

Gavamedia makes no guarantee about the reliability, accuracy, or timeliness of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.

We provide the service “as-is,” “with all faults,” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, the Gavamedia parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.

• Liability Limitation

You can recover from the Gavamedia parties only direct damages up to an amount equal to your service charge for one month or the equivalent of $5 CAD (whichever is greater). To the extent permitted by law, you cannot recover any other damages from the Gavamedia parties, including consequential, lost profits, special, indirect, or incidental damages.

1. This limitation applies to anything related to:
   1. • the service,
      • content (including code) on third party Internet sites, third party programs or third party conduct,
      • viruses or other disabling features that affect your access to or use of the service,
      • incompatibility between the service and other services, software, and hardware,
      • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
      • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

1. It also applies even if
   1. • this remedy does not fully compensate you for any losses, or fails of its essential purpose, or
      • Gavamedia knew or should have known about the possibility of the damages.

Some provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your sate or country or region may not allow the exclusion or limitation of incidental, consequential, or other damages.

• Claim Must Be Filed Within One Year

To the extent permitted by law, any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to Gavamedia and its successors and assigns.

• Gavamedia Company, Applicable Law, and Place for Resolving Disputes

1. This contract is between you and the Gavamedia company in Oakville, Ontario, Canada.

1. Gavamedia company with which you are contracting:

1.    Gavamedia Corporation

1.    275 Canning Court

1.    Oakville, Ontario  L6J 5Y4

1.    Canada

Governing law and place for resolving disputes

1. Ontario provincial law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your province of residence in Canada, or if you live outside Canada, the laws of the country or region to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the provincial or federal courts in Ontario, Canada, for all disputes arising out of or relating to this contract.

• Contract Interpretation

1. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between Gavamedia and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.

• Assignment

1. Gavamedia may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.

• Force Majeure

1. Gavamedia will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of god.

• Notices

Copyright Notice

1. All contents of the service are Copyright © 2022 Gavamedia and/or its suppliers, 275 Canning court, Oakville, Ontario, Canada. All rights reserved.

Respect Copyright

1. Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights, have permission from the owner, or such sharing is otherwise legal.

• Domain Name Service

1. 1. • Service. If you register, renew, or transfer a domain name through the service, Gavamedia connects you with an accredited registrar called WebsiteSpot.com. WebsiteSpot.com or another accredited registrar will register, renew, or transfer the domain name. The domain service contracts for ccTLDs and gTLDs (the “Domain Service Contracts”) are contracts between WebsiteSpot.com or another accredited registrar and you, and not between Gavamedia and you. The Domain Service Contracts apply to the registration, renewal and transfer of your domain name. Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). These policies include the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/#udrp.
      • Gavamedia does not control the availability of any domain name you seek to register or renew. You represent and warrant that any domain name you register, renew or transfer through the service and WebsiteSpot.com will not infringe the rights of third parties.
      • Public registry. You understand that your contact information, such as your name, postal address, phone number, and e-mail address, will be collected by WebsiteSpot.com and placed in a public registry.
      • Termination of service. Except during the first 5 days after you subscribe to the service, if you or we cancel your service, your domain name will remain registered for its current annual term. It, however, will no longer work with the service. It will not work with your e-mail service or point to your Web site. You will be responsible for renewing and paying the applicable renewal fee for your domain name after you or we cancel your service. Cancellation of your service may incur cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges and cancellation charges made to your billing account.
        
        
   2. Arbitration Agreement
   You agree that any dispute, claim or controversy arising out of or relating in any way to the Gavamedia service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. You agree that, by agreeing to these Terms of Use, that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Gavamedia membership.

1. If you elect to seek arbitration or file a small claim court action, you must first send to Gavamedia, by certified mail, a written Notice of your claim (“Notice”). The Notice to Gavamedia must be addressed to: Gavamedia Corporation, 275 Canning Court, Oakville, ON L6J 5Y4 (“Notice Address”). A Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Gavamedia and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Gavamedia may commence an arbitration proceeding or file a claim in small claims court.

1. During arbitration, the arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Gavamedia and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GAVAMEDIA ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Gavamedia agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.