CONDITIONS AND TERMS FOR WEBSITE HOSTING

 1.00 Website Hosting

 All approved and ordered quotes for website hosting services made to 9318-4448 Qc Inc., hereinafter referred to as JCN, is automatically linked to the terms and conditions below and available at any time at www.imprimetout.ca

2.00 SUBJECT

2.01 Services

JCN is committed to provide the following services (hereinafter called "services"):

a) registering in the customer's name the domain name provided by the customer or, in the event of non-availability, any other available domain name proposed by the customer, from the responsible organization, in relation to the client's website ( hereinafter called "the website");

OR

Routing the customer-provided domain name (hereinafter referred to as "the specifications") to the responsible organization in relation to the customer's website (hereinafter referred to as "the website");

OR

grant the customer's website (hereinafter referred to as "the website") the subdomain name provided by the customer for the period from January 1 to December 31 of the current year.

OR

grant to the client's website (hereinafter referred to as "the website"), the directory name provided by the client, for the period from January 1 to December 31 of the current year.

 

b) Install and configure the website on the JCN Web server (hereinafter referred to as "the Web server"), according to the specifications, including, if applicable, but not limited to, the installation and configuration of :

* pages of the website (hereinafter collectively referred to as "the web pages");

* its graphic elements, including, but not limited to, the texts, drawings, icons, images, illustrations, photographs, tables and other elements indicated in the specifications (hereinafter collectively referred to as "the graphic elements"), 

* of its software components, including, where applicable and without limitation, scripts, applets, applications, programs, executable files, software, search engines, multimedia components and databases (hereinafter collectively referred to as " software components "), as long as these have been previously verified and approved by JCN technicians, web pages, graphics and software components (both those to be delivered by the customer to JCN under specifications that those to be installed in the future) are hereinafter collectively referred to as the "Web Folder"; 

c) running and running tests of the website;

d) provide the client with a username and password to access the Web site area on the Web server in File Transfer Protocol (FTP) and Telnet mode;

e) provide the customer with the e-mail address (es) specified in the specifications;

f) Host the website for the period of January 1st to December 31st of the current year subject to compliance by the customer with all of its obligations, including paying the amounts due to JCN, under the terms and conditions payment terms specified in the specifications;

(g) provide the client with information and documentation relating to access and operation of the Website;

h) provide the customer with technical support in accordance with the specifications.

3.00 CONSIDERATION

3.01 Price

In consideration of the provision of hosting services and other services, the Customer must pay JCN the price quoted in the bid that relates it to the terms and conditions stated in this Contract, plus any applicable taxes. All accommodation invoices are annual and billed from January 1st to December 31st of the said year, for all renewals OR from the 1st day of the current month to December 31st of the same year, during a new subscription that would be made , during the year. 

3.02 Invoicing

All invoices from JCN is sent to the customer at the email address that the customer communicates to JCN, when making the website hosting submission. 

3.03 Payment terms

The customer must pay by check or credit card, no later than January 31 of the current year, otherwise JCN reserves the right to disconnect the customer's website from its server. Any connection and reconnection of the site, for lack of payment, automatically entails a charge of TWENTY FIVE DOLLARS (25.00 $) plus taxes.

 

4.00 PARTICULAR DISPOSITIONS

4.01 Representation of the parties

Each party acknowledges that the person it designates in the specifications (or any substitute of the designated person, after notice to the other party), represents and has the authority to the acts, make the decisions and give the authorizations required for the execution of this contract. 

4.02 Client Obligations

Customer agrees and binds JCN to the following:

a) The client must provide the Web Folder in the form and within the time specified in the specifications of the bid, unless JCN is the Web Record Provider;

(b) Customer shall provide JCN with all its cooperation and provide it with all the information required to perform the services to be provided;

c) The customer must take all necessary means to prevent the unauthorized disclosure of his username and password, allowing him to access the website in FTP mode;

d) The customer must promptly report to JCN any problem brought to its attention concerning:

* the operation of the Web server;

* the posting of the website;

e) The customer is solely responsible for the content of the website and the damage that may result from its use or display;

(f) The Client must take up the case against JCN if JCN is involved in, or involved in, any third-party legal proceedings alleging JCN misconduct resulting from the presence, use or posting the website or the information contained therein, and indemnify JCN against any monetary conviction for capital and interest and any legal and extrajudicial costs that JCN may incur as a result;

g) The Customer may not assign to any third party any of its rights in this Agreement, including, without limitation, those relating to the use of disk space, domain name, subdomain name and the URL, without the prior written consent of JCN;

h) The Customer shall pay the price of JCN Services and pay the price of any additional services that may be required subsequent to the signing of this Contract in accordance with the terms and conditions of payment specified in the Specifications.

 

4.03 JCN’s Obligations

JCN is committed to and commits to the customer, to the following:

a) The website must be professionally hosted, in accordance with generally accepted industry rules, and according to specifications;

b) The running-in and basic functional testing of the website must include verification:

* the proper functioning of hypertext links and e-mail;

* the proper functioning of the software components;

* the download, operation and appearance of the website based on the major commercial web browsers, including their successive versions, a list of which appears in the specifications;

c) The web server must contain all software required by the specifications;

d) The web server must be under the direct or indirect control of JCN at all times;

e) The web server must have a constant connection to the Internet, allowing uninterrupted access to the Web site, as specified, except for periods of time scheduled for web server maintenance and network downtime, not assignable. at JCN;

f) Subject to the preceding paragraph, the web server must have the ability to process a simultaneous request from the Internet users, according to the specifications, without significantly affecting the download speed of the web pages;

g) JCN shall resolve any problem affecting the operation of the Web server as soon as possible after JCN becomes aware of the problem or following the notice given to the latter by the Customer, whichever comes first;

h) The web server must be adequately and permanently protected against unauthorized intrusion, both physical and virtual, and must offer all the security guarantees generally recognized by the industry (or: the security guarantees provided in the specifications); more specifically, but without limiting the generality of the foregoing, the web server must prohibit any unauthorized third party from accessing the file (s) containing the software components (eg: cgi-bin) and their contents ;

i) The web server must be regularly maintained and free from any known and identifiable virus;

j) The web server and the software associated with its operation must be kept up to date; software updates and fixes must be incorporated on a regular basis as soon as they become available; more particularly, the corrections of the software associated with the operation of the Web server, to solve security problems, must be integrated as soon as possible, according to their availability;

k) The files, software and software components of the Web folder should be regularly backed up, stored in appropriate media, in a secure location.

 

4.04 Règles d'hébergement

The JCN Hosting Rules, which may be changed from time to time (hereinafter collectively referred to as the "Hosting Rules"), shall be enforced for the duration of this Agreement, subject to any specifications that take precedence over any rule incompatible hosting, and the customer agrees to be fully bound by them:

a) The elements of the website must comply with all applicable laws and regulations, including, but not limited to, laws and regulations relating to intellectual property, advertising, promotional contests, consumer protection, information protection personal and the protection of minors;

b) The Customer shall provide to JCN, upon request of JCN, proof of its right, title or interest in any copyright, trademark or other intellectual property right concerning one or more elements of the Website.

c) The elements of the website must be free from any design and operating defect and from any known and identifiable virus;

d) Web pages must be encoded in HTML or any other language generally recognized by the industry;

e) No webpage shall be designed to allow the display, within a frame, of all or part of the content of one or more pages of another website, unless the customer does not provide JCN with the written consent of the owner of that other website to the display in question;

(f) Words, expressions, references, special characters and graphic symbols, internationally recognized for the purpose of identifying copyright, trademark and other intellectual property rights, as well as their owners, shall appear where required on each web page, in relation to the texts and graphic elements, whether belonging to the client or not;

g) Any software component:

* must be performed according to the rules generally recognized by the industry;

* Can be verified by JCN technicians before installation on the web server;

* must be installed by JCN technicians unless otherwise authorized in writing by JCN technicians;

(h) JCN may, in its sole discretion, refuse to host the Website or deactivate the Website without delay if it believes that all or part of its content:

* is or is likely to be obscene, slanderous, immoral, illegal, defamatory or hateful;

* is or is likely to damage the reputation of JCN;

* violates or is likely to violate any right, title or interest of intellectual property belonging to a third party;

* causes or is likely to cause any damage to a third party, directly or indirectly;

* causes or is likely to cause problems affecting the proper operation of the Web server;

* does not comply with any of the hosting rules or specifications;

i) The client may not, for whatever reason, use the website or access to it, directly or indirectly, by proxy or otherwise, with the intention of:

* cause or attempt to cause any damage to a third party, directly or indirectly;

* access or attempt to access a third party's web server or web site without the permission of the third party;

* modify, alter or delete or attempt to modify, alter or erase all or part of the content of the web server or the website of a third party;

* commit or attempt to commit an illegal act;

In either of the above cases, JCN may immediately terminate the Website and terminate this Agreement without notice or notice, subject to all other rights and remedies against the Customer. .

JCN reserves the right to terminate the hosting of a site if the following conditions are not met.

It is your responsibility to ensure that updates to your site are made.

If not, you will receive a JCN submission to remedy the situation; you will be free to proceed with the company of your choice and you will have ten (10) days to make a decision and thirty (30) days to make your updates.

If applicable, JCN will terminate the hosting of your site without refunding your current hosting plan.

 

4.05 Attendance Statistics

For the duration of the hosting, JCN may provide access to the customer to website traffic statistics (hereinafter collectively referred to as "attendance statistics").

 

JCN makes no warranties, express or implied, regarding the accuracy of the attendance statistics. Therefore, the customer expressly releases JCN from any liability arising from the customer's use of attendance statistics.

 

4.06 Intellectual Property

4.06.01  Domain Name

All rights, title and intellectual property interests in the domain name (if any) belong to the customer. The use of the domain name by JCN is limited to the hosting of the website.

4.06.02   Web Site Content

All rights, title and intellectual property interests in the domain name (if any) belong to the customer

All rights, titles and intellectual property interests in the elements of the website belong to the customer. The use of the elements of the website by JCN is limited to the hosting of the website.. The use of the domain name by JCN is limited to the hosting of the website.

4.06.03  Respect of third party intellectual property (by JCN)

The Content, including the software associated with the operation of the Web Server and the Website, is, to the knowledge of JCN, and must be entirely original and does not infringe any copyright, trademark or other right. title or interest in intellectual property belonging to any third party.

Failure to comply with any of the foregoing obligations, in whole or in part, shall require:

(a) replace any unlawfully used content with content that is entirely original or in which JCN has rights, and that has the same functions as the previous one, all without delay and at its expenses.

 

 

4.06.04  Respect of third party intellectual property (by the CLIENT)

The elements of the website provided or installed by the client must be entirely original and not infringe any copyright, trademark and any other right, title or interest of intellectual property belonging to any third