Hosting agreement between you and Platypi Designs Inc. for shared web hosting and email services
1.01 These Terms of Service govern the use of the Platypi website and its services. The term “Platypi Designs” is
used to refer to the company Platypi Designs Inc. The term “account” refers to the access, content, and services
that Platypi Designs provides to its users.
1.02 By using the Platypi Designs web site, hosting services, any support services, any Platypi Designs software,
or any other products or services of Platypi Designs, you agree to be bound by the terms of this Agreement.
Platypi Designs reserves the right to change, amend and/or otherwise alter the Platypi Designs services with
equivalent or otherwise equal services without prior notice to you.
1.03 The terms contained herein supersede and replace any other agreement or negotiation between you and
Platypi Designs, whether oral, written or otherwise, including any statements made to you by any representative
of Platypi Designs at any time. Any amendments, changes, additions, deletions or other modifications of this
Agreement are void unless specifically expressed in writing and agreed to by Platypi Designs.
1.04 Platypi Designs reserves the right to cancel any account, including files and content, for any reason, or no
reason at all, at any time. You agree to maintain back-up files of all information you post on Platypi Designs and
you agree that Platypi Designs will have no liability for removing any data you have posted.
1.05 Subscribers to Platypi Designs services must be at least 18 years of age or require the approval of the
minor’s legal guardian.
2.00 Domain Names and Registration Services.
2.01 At your request, Platypi Designs may acquire a Second-Level domain Name (“Domain Name”), on your
behalf and in your name, assuming that the Domain Name you request is available for registration. Platypi
Designs will not own or otherwise legally control any Domain Name registered on your behalf under this Section.
Platypi Designs provides this service as a convenience to you only and you hereby waive any and all claims
which you may have, or which may later arise, against Platypi Designs for any and all damages, losses, claims or
expenses arising or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by
Platypi Designs to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Platypi
Designs at an amount determined by Platypi Designs, at their sole discretion.
2.02 Before using a website under a Domain Name, Platypi Designs may list advertisements on the website for
Platypi Designs services or for the products and services offered by business partners of Platypi Designs or by
other third parties.
2.03 Domain Names may be registered by Platypi Designs on your behalf through a variety of Domain Name
Registration services (each a “Registrar”). Each Registrar has its own terms and conditions concerning the
registration and maintenance of Domain Names and you agree to be bound thereby. In particular, registration of
Domain Names binds you to the terms of the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which
governs the resolution of most disputes regarding the registration of Domain Names.
2.04 You warrant to Platypi Designs that any Domain Name you may seek to register through Platypi Designs
does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable
steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that
this is the case. You agree to indemnify and hold harmless Platypi Designs, its officers, directors, employees and
agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of
claims of third parties concerning your use of any such Domain Name on the Internet.
2.05 You agree to inform Platypi Designs of any proceeding instituted by any party challenging your rights to use
any Domain Name hosted on Platypi Designs servers, including but not limited to disputes under the Uniform
Domain Name Dispute Resolution Policy (“UDRP”). Should you for any reason lose your right to use a Domain
Name hosted on the Platypi Designs Servers, through expiration of the registration of the Domain Name, judicial
decree, and or administrative decision under the UDRP or otherwise, you agree to immediately inform Platypi
Designs of such loss of rights. To the extent your loss of rights to a Domain Name is accompanied by any judicial
decree or administrative decision granting rights to the Domain Name to a third party, you agree to immediately
inform Platypi Designs in writing of the identity of the party to whom such rights are to be transferred, as well as of
any other information regarding the nature and scope of the decision of the judicial body or administrative panel
that rendered the decision.
2.06 You agree and understand that Platypi Designs may, should your rights to a Domain Name be challenged in
any way, suspend the Platypi Designs services associated with such Domain Name and take any other steps
required under any such proceeding, including but not limited to actions required under the UDRP. In any such
case, Platypi Designs will take every reasonable step to assure that no loss of data occurs as a result of such
actions and Platypi Designs may make such data available to you for storage elsewhere.
3.00 Cancellations and Billing
3.01 Setup Fees are nonrefundable.
3.02 The initial term shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon
commencement of the services to Customer. After the Initial Term, this Agreement shall automatically renew.
Additionally, after the initial term, customer acknowledges, agrees and authorizes Platypi Designs to automatically
bill for successive terms of equal length as the initial term, unless terminated or cancelled by either party as
provided in this section.
3.03 Platypi Designs reserves the right to offer subsequent promotional rates which may or may not be more
favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect
the then existing right and responsibilities of each party. Promotional offers and rates may not be combined.
3.04 To the extent that you qualify for any promotional rates or special offers from Platypi Designs, these terms
and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the
terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein,
3.05 Platypi Designs charges a non-refundable set up fee as well as its periodic service fee which in some cases
may be refundable as further set forth elsewhere herein. Platypi Designs may also charge you for Domain service
fees and specifically reserves the right to institute additional charges upon notice to you. Platypi Designs reserves
the right to alter, change, amend or delete charges at its sole discretion. Platypi Designs further reserves the right
to institute new services and charge fees in association with the provision of such new services as it deems
3.06 Payment for all products and services is due in advance, unless specifically stated otherwise in the offer or
promotion pursuant to which you have ordered or are ordering the Platypi Designs services. All payments shall be
made in Canadian Dollars.
3.07 The hosting services may be terminated by the following methods:
- by either party by giving the other party thirty (30) days prior written notice,
- by Platypi Designs in the event of non-payment by Customer,
- by Platypi Designs, at any time, without notice, if, in Platypi Designs’ sole and absolute
discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement
and related agreements, or Customer’s use of the services disrupts or, in Platypi Designs’ sole
and absolute discretion and/or judgment, could disrupt, Platypi Designs’ business operations
- by Platypi Designs upon verbal request by Customer if Customer provides satisfactory
authorization and account verification.
- by Platypi Designs in accordance with other cancellation terms listed herein.
3.08 If a customer cancels their hosting service prior to the end of the Initial Term or any Renewal Term
- customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of
- Refunds of service fees will be not normally be made. Platypi Designs may grant refunds
under specific circumstance it deems appropriate without waiving any other rights hereunder.
There will be no refunds of Domain service Fees. Fees paid for certain additional services,
including but not limited to services for extra storage space, web mail tools or special groupware,
are also not refundable.
3.09 If Platypi Designs cancels a customer’s account prior to the end of the Term for the customer’s breach of the
Terms of Service and related agreements, the Customer’s use of the services will disrupt and Platypi Designs
shall not refund to customer any fees paid in advance of such cancellation with customer being obligated to pay
all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to
pay 100% of all charges for all services for each month remaining in the Term.
3.10 Upon termination of a customer’s account for any cause or reason whatsoever, neither party shall have any
further rights or obligations under these terms of service, except as expressly set forth herein. Termination of a
hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any
other legal or equitable rights or remedies to which Platypi Designs may be entitled.
4.01 Platypi Designs reserves the right to access and review its user’s content, files, or web pages for any reason
at its sole discretion.
4.02 Platypi Designs does not preview the content of its users and therefore all user content is provided “AS IS”
and without warranty of any kind by Platypi Designs.
4.03 Platypi Designs does not endorse any content contained within its user’s pages.
4.04 Platypi Designs will cooperate with all law enforcement efforts pertaining or involving the use of Platypi
Designs’ user’s web space, e-mail, and content. This may result in Platypi Designs disclosing all information given
to Platypi Designs including but not limited to information contained in Platypi Designs’ customer database
records and servers.
5.00 Inappropriate Content
5.01 Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation,
ordinances, or these guidelines is prohibited. Platypi Designs reserves the rights to restrict or prohibit any and all
uses of the services or content on your web site(s) and to remove such material from its servers that Platypi
Designs determines in its sole discretion is harmful to its servers, systems, network, reputations, good will, other
Platypi Designs Customers, or any third party.
5.02 The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is
prohibited under this agreement:
- nudity, pornography, anything of a sexual, lewd, indecent or obscene nature.
- violations of any copyright or any other right of any third party, including, without limitation,
material protected copyright, trademark, patent, trade secret, or other intellectual property right
used without proper authorization.
- threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable.
- promotion of illegal activities (info on hacking, cracking, making illegal devices, etc).
- information, instructions, or software containing or about any kind of virus.
- hate speech or hate propaganda.
- content that links to content that violates Platypi Designs’ Terms of Service in any way.
- misrepresentation of user’s identity, or the impersonation of anyone, including Platypi Designs
- collection of personal information for illegal purposes.
- content that is deemed by Platypi Designs, in its sole discretion, to be harmful to Platypi
Designs, another company or organization, or individual.
- solicitation or sale of any products or services that are harmful, illegal, dangerous,
pornographic, or indecent.
- use of Platypi Designs servers or a link to Platypi Designs servers for spamming, bulk mail,
web bombing, etc.
6.00 Export Violations and CISG
6.01 Platypi Designs does not permit the posting or sending of software or technical information in violation of
Canadian export laws.
6.02 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to
7.00 Harmful Content
7.01 Disseminating or hosting harmful content including, without limitation, viruses, trojan horses, worms, time
bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously
intercept or expropriate any system, program, data or personal information.
8.00 Fraudulent Conduct
8.01 Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast
schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online
application or registration, or the fraudulent use of any information obtained through the use of the services,
including without limitation use of credit card numbers.
8.02 You agree not to make or attempt any unauthorized access to any Platypi Designs website or the website of
any Platypi Designs customer.
9.00 Security Violations
9.01 Violations of Platypi Designs’ or any third party’s server, system or network security through the use of the
services are prohibited, and may result in criminal and civil liability. Platypi Designs may investigate incidents
involving such violations. Platypi Designs may involve and cooperate with law enforcement if a criminal violation is
suspected. Any violation by Customer of Platypi Designs security will be considered grounds for cancellation
under section 4.00.
Examples of server, system or network security violations include, without limitation, the following:
9.02 Example 1: Hacking. Unauthorized access to or use of data, systems, server or networks, including any
attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or
authentication measures without express authorization of the owner of the system, server or network.
9.03 Example 2: Interception. Unauthorized monitoring of data or traffic on any network, server, or system without
express authorization of the owner of the system, server, or network.
9.04 Example 3: Intentional Interference. Interference with service to any user, host or network including, without
limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system,
broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of
any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal
session, via any means, locally or by the Internet.
9.05 Example 4: Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a
9.06 Example 5: Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations
placed on the services such as timing out.
9.07 Example 6: Failure to Safeguard Accounts. Customer fails to prevent access to the accounts, including any
10.00 Disallowed File Types
10.01 Platypi Designs does not permit the following file types: .cmd, and .bat.
11.00 Account Usage
11.01 Customers utilizing bandwidth, disk space or SQL usage in excess of current plan limitations will be subject
to additional fees for the applicable rate for the excess bandwidth, disk space or SQL space.
11.02 Customer agrees to not collect or attempt to collect personally identifiable information of any person or
entity without their express written consent and you shall maintain records of any such written consent throughout
the terms of this agreement and for three years thereafter.
12.00 E-mail Communication
12.01 Platypi Designs users agree to:
- Maintain a current email address in the Platypi Designs database. Failure to notify Platypi
Designs of an e-mail change could result in the termination of your Platypi Designs account.
- Receive updates, offers, notifications and newsletters in email from Platypi Designs.
- Check all of their email accounts in regular intervals and to download the email stored therein
in order to maintain an acceptable data-transfer volume. Platypi Designs may, should the
capacity of your email boxes be exceeded at any time, return all subsequently received emails to
the senders without notice to the customer.
12.02 Customer may not use Platypi Designs’ mail server or another web site’s mail server to relay mail without
the express permission of the account holder or the web site. Posting the same or similar message to one or
more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
13.00 SPAM/Bulk Mail Policy
13.01 Platypi Designs users agree not to distribute, publish, or send any of the following types of e-mail:
- Harassing e-mail, whether through language, frequency, or size of messages.
- Chain letters.
- UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising or solicitations (commonly
referred to as “spam”). Platypi Designs reserves the right to decide what it considers “spam”,
“UCE”, “mail bombing”, or “bulk e-mail”, and to determine from all of the evidence whether or not
the e-mail recipients were from an “opt-in” e-mail list. Further, you agree to indemnify and hold us
harmless from any claim resulting from your use or distribution of electronic mail services through
the service provided through this Agreement. Anyone using our services for spamming will be
immediately subject to a $250 cleanup/network abuse fee.
- Unsolicited postings to newsgroups advertising any URL (Domain) hosted by Platypi Designs.(e) Promoting any software program, product, or service that facilitates the use of spam/bulk mail.
- E-mails containing forged or falsified information in the header (including sender name and
routing information), or any other forged or falsified information.
13.02 Malicious e-mail, including without limitation “mail-bombing” (flooding a user or web site with very large or
numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses).
14.00 Termination of Service
14.01 A partial list of the actions that may cause termination of account:
- Purposely circumventing the receiving of emails.
- Posting or providing links to content that violates these Terms of Service.
- Using an account that is not yours or is inactive.
- Reproduction or use of another user’s content without permission.
- Invalid e-mail address for correspondence with Platypi Designs.
14.02 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS
OF SERVICE BY YOU.
15.00 Ownership of Intellectual Property and Confidentiality
15.01 It is understood and agreed that during the term of this agreement and thereafter you may come into
possession of information which is the confidential and proprietary information of Platypi Designs including but not
limited to the Platypi Designs customer service tools. You acknowledge that all right and title to any such Platypi
Designs intellectual property shall remain the sole property of Platypi Designs and that you have no right, title or
interest therein. You further agree not to provide access to the Platypi Designs services to any third party. Any
and all right or title to any engineering, coding, programming or customer service work around or other
modification of the Platypi Designs services shall also remain the sole property of Platypi Designs.
15.02 During the term of this agreement you may have access to certain information and materials relating to the
Platypi Designs business, customers, software technology and marketing which Platypi Designs treats as
confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement
and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any
“Confidential Information” without the express prior written consent of Platypi Designs; and (ii) not use or disclose
any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this
agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential
Information is a trade secret under applicable law and shall continue for three (3) years following termination of
this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
15.03 For purposes of this Article 17, Confidential Information also includes passwords and access codes.
16.00 Limitations of Liability
16.01 HOSTING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLATYPI DESIGNS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
16.02 PLATYPI DESIGNS MAKES NO WARRANTY THAT (i) PLATYPI DESIGNS WILL MEET YOUR
REQUIREMENTS OR THAT, (ii) PLATYPI DESIGNS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PLATYPI DESIGNS
HOSTING IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLATYPI
DESIGNS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLATYPI DESIGNS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF PLATYPI DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM PLATYPI DESIGNS; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16.03 You agree to indemnify and hold Platypi Designs, and its subsidiaries, affiliates, officers, agents, cobranders
or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of any information or data you post on Platypi Designs your use
of Platypi Designs, your violation of these Terms of Service, or your violation of any rights of another.
16.04 These Terms of Service constitute the entire agreement between you and Platypi Designs and govern your
use of Platypi Designs, superseding any prior agreements between you and Platypi Designs. You also may be
subject to additional terms and conditions that may apply when you use affiliate services, third-party content or
third-party software. These Terms of Service and the relationship between you and Platypi Designs shall be
governed by the laws of the province of Ontario. You and Platypi Designs agree to submit to the personal and
exclusive jurisdiction of the courts located within the province of Ontario. The failure of Platypi Designs to exercise
or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.01 If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.00 Support Hours
18.01 Server maintenance and operation is provided by a 3rd party company who monitors the systems 24/7, and
will take care of any problems that should happen to arise as soon as they are encountered. If you have an issue
that you need taken care of you would contact Platypi Designs for support. We are available M-F 9am-5pm EST,
excluding major Canadian holidays, by emailing email@example.com. In some instances Platypi Designs
may require up to 1 extra business day to respond to support requests, but we generally endeavour to have a
resolution to requests within 3 hours of notification (during business hours).