Eazyjungle Webhosting and Services, Registered

General Terms and Conditions

Last Updated: May 29, 2021

By accessing or using the website operated at http://www.eazyjungle.com and such other locations as made available from time to time (collectively, the “Website”) and the services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with Eazyjungle Webhosting and Services (“us”, “we”, “our” and/or grammatical variants), in all respects with respect to the Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website. THIS AGREEMENT SHALL BECOME EFFECTIVE AS OF THE DATE OF (1) YOUR ELECTRONIC SIGNATURE ON OR ACCEPTANCE OF THIS AGREEMENT, (2) THE ACTIVATION OF YOUR ACCOUNT OR (3) YOUR RECEIPT OF AN E-MAIL FROM EAZYJUNGLE WEBHOSTING AND SERVICES CONFIRMING YOUR ORDER, WHICHEVER HAPPENS FIRST.

Terms and Conditions

1. DEFINATIONS : For the purposes of this Agreement:

a. “Our Equipment” shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by us and/or our aﬃliates, agents, or assignees which provide our Services.

b. “Our Services" shall mean the products and services provided by us or our aﬃliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, website development, SSL Certificates, and any associated support services, where our services may be changed, amended, and/or otherwise altered at any time in our sole discretion.

c. "Our Software" shall mean any software provided by us at any given time, whether downloaded to your computer, provided to you on any form of removable media, or utilized online as part of our assets and/or services.

d. "Bandwidth" shall refer to the rate of data transmission in bits per second using Our owned and/or rented Equipment.

e. "Content" shall mean the downloadable ﬁles which are interpreted by a client web browser for display with or without plug-ins.

f. "Customer Service" and/or “support” shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

g. "Fee" shall mean monies and other consideration you are obligated to pay to us for the right to use our Services and Bandwidth subject to the terms and conditions of this agreement.

h. "Fee Schedule" shall mean the fees for the OUR Services as published on the website, which may be modiﬁed at any time in our sole discretion.

i. "International Customers" shall mean customers residing in or accessing our Services from outside of Canada.

j. "Laws" shall mean the laws, statutes, and regulations then in eﬀect within Canada and its various provinces and dependencies as well as the laws of Your country of residence or the country in which you use or access our website and our services and the laws of any provinces, states, or dependencies thereof.

k. "Parties" shall collectively refer to us and you.

l. "Payment Account" shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services.

m. "Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from your website or via your services.

n. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

o. "website space" shall mean a quantity of computer memory and/or disk space allocation, as outlined in the program description for your services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) and/or gigabytes (GB’s) wherein data comprising your website is stored and is accessible by our web server equipment.

p. "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of our Services and stored on or transmitted by our Equipment.

q. "your website" shall mean data transmittable via the Internet by us which is stored in your allotted web space (website).

r. "Your Services" shall mean our speciﬁc Services for which you have contracted, subject to the limitations and speciﬁcations of the service(s) eﬀective as of the date of contract.

2. OUR SERVICES

2.1. General Use of Our Services: Subject to and conditioned upon Our retained rights and all other terms and conditions set forth in this Agreement, we oﬀer our Services as soon as practicable after registration for and payment of any and all due fee. You will receive a username, password, account number, and instructions upon completion of the registration process. You are responsible for maintaining the conﬁdentiality of both your password and your account details and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify us of any unauthorized uses of the account or any other breaches of security. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances we will be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2.2. Webhosting Services:

a. We shall provide to you a revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the amount of website Space allocated to you for storing Your website data and disseminating such data via the Internet through the use of our owned or rented equipment for purposes consistent with this agreement.

b. We, either directly or through our assignee or licensee, shall provide Technical and/or customer Support relating to Your Website. Any and all requests for Customer/Technical Support may be refused by us with or without reason, at our sole discretion. Any customer/technical Support, may be terminated at any time without notice to you and without any liability to us.

c. All use of website space and provision of services to you by us shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or our services by entering into multiple agreements.

d. Unless provided otherwise in the speciﬁcations for your services, bandwidth use, including but not limited to data retrieval from your website, e-mail traﬃc, and downloads, shall not exceed ten gigabytes per month. Your combined mailbox use per account shall not exceed twenty gigabytes per month. You are responsible for monitoring your bandwidth and mailbox use and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits we may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that we may debit the Payment account for usage in excess of permitted amounts at the rates set forth in the then-current fee schedule.

e. The term “unlimited” as stated in our services and service plan(s) mean unlimited requests for increasing the disk or traffic quota as set forth in 2.4. We reserve the right to refuse “unlimited requests” with or without cause.

f. Some of our services may not be available to International Customers, and we reserve the right to alter, amend, or discontinue the provision of some or all of our services to International Customers in a particular market at any time in our sole discretion.

g. We may suspend or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove your data from our Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your website violates the intellectual property rights of any third party or is otherwise the subject of a dispute, or involved in illegal activities including pornography, inciting violence and causing social unrest.

h. You are responsible for backing up your data on your own computer. We do not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved and will not be responsible for any archiving or backup of your data. If any of your data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, we will have no obligation or liability to you.

i. Our web hosting packages are subject to a maximum limit of 200000 individual ﬁles. In Eazyjungle-All-In-One web hosting package the customer can initially have over 20 gigabytes of web space. Once the web space reaches at least 75% use of the available web space, it will be increased in increments of 10 gigabytes upon request., free of charge, until the amount of used web space is once again below 75%. Packages with unlimited mail space are initially conﬁgured with 20 GB of available mail space per mailbox. In the event customer's usage approaches the limits of the available mail space, we will increase the mail space conﬁguration in increments of 5 gigabyte at no further cost to the customer, but no more than once per week.

2.3. Domain Name Registration and Services:

a. When you choose to register a domain name through us, we will register a second level domain name on your behalf, provided such domain name is available for registration. We act only as an intermediary between you and the organization providing the domain name and has no inﬂuence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of third-party registrars and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP" ). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in eﬀect at the time of the dispute. We assume no liability in the event the domain name is unavailable or otherwise not assigned to you and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, we shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize us to debit the Payment Account for any such fees and costs. Unless terminated, at the end of each term your domain name will automatically renew for an additional term, and you further authorize us to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such debit, we may, in our sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as it sees ﬁt, with no obligation whatsoever.

b. You acknowledge and agree that We or our agents, assignees or licensees may associate any data of any kind, in our sole discretion, with the domain name registered in association with your website or any URL incorporating said domain name until you replace such data with your website.

c. You, the Customer agree and accept that for reasons of security the Company will apply a transfer lock to protect the transfer of a domain name. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.

d. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company.

e. You shall inform us of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within ﬁve days of notiﬁcation of same. Should you lose your right to use a domain name which is used in connection with our Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform us immediately of the party to whom the domain name is to be transferred and you authorize us to take any and all action necessary to eﬀect such.

f. We will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name, you authorize us to debit your Payment Account for the one-year registration fee and any related fees or charges.

g. You acknowledge and agree that we may suspend, cancel, transfer, or modify your domain name registration at any time, for any reason, at the sole discretion. Without limiting the foregoing, we may, at our sole discretion, suspend, cancel, transfer or modify a domain name registration.

h. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modiﬁcation pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including ) or registry administrator procedures, or (iv) any other TLD registry administrator procedures.

i. By ordering or applying SSL Certiﬁcates in connection with our products, you acknowledge and agree to comply with the Terms and Conditions set forth by provider of SSL certificates.

2.4. SSL Certificates: When you choose our service to buy and install SSL Certificate in your domain/website, we will do a search and buy the possible SSL product based on your need, and install or help you install. The use and installation of SSL Certificates offered by us are subject to the terms and conditions of third-party SSL Certificate providers. Following an SSL Certificate order, our technician will request a certificate on your behalf and attempt to complete its installation on your account. If you have requested a Dedicated IP address during your SSL order, your Web Site may experience up to 12 hours of downtime during the SSL installation process, due to a process called DNS Propagation. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively on the domain name or subdomain that was requested during your order. SSL Certificates are non-transferable. The installation of an SSL certificate does not guarantee the use of encrypted https protocol throughout your website. Additional website configuration changes are recommended to fully make use of your certificate's data encryption. We do not provide guarantees on third-party provided SSL Certificates. We provide free consultation to determine the best option for purchase of SSL Certificate suitable for your domain.

2.5. Website Design and Development: We provide free consultation to determine the best option(s) for your website design and development based on your needs. When you choose our service design and develop your website, it may require integration of additional services including but not limited to described in various sub-sections of Section 2 (our services) and all the applicable rules described therein.

2.6. Provision of Software:

a. We may, in our sole discretion, provide you with any exclusive or third-party Software in combination with your services. Upon payment of all fees due and owing to us under this agreement, we hereby grant, and you hereby accept, a non-transferable, revocable, non-sublicensable, and non- exclusive license to use our Software and all related documentation for your own personal or business use during the term of this agreement. Any rights not expressly granted herein shall be reserved for us.

b. We allow the use of third-party software (the "Third-Party Software") installed under your domain. You are solely responsible for installation, use and maintenance of Third-Party Software. We are not responsible for any liability associated with any Third-Party Software. You represent and warrant that the software installed your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company.

2.7. Limitation to Services: The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the website and/or our services is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed

3. ACCEPTABLE USE AND PROHIBITIONS

3.1. Lawful Use:

a. You only use our Website and your Website for lawful purposes.

b. If at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation

3.2. Prohibited Conduct:

3.2.1. Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the website, directly or indirectly do or permit any of the following:

3.2.1.1. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that;

a. is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam" (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,

b. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive, or surreptitious component,

c. is defamatory, infringing, or unlawful,

d. is inappropriate, profane, obscene, indecent, or contains information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),

e. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or

f. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, religious fanaticism and/or extremism, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and pornography;

g. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;

h. scan or probe another computer system, obstruct, or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;

i. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the website;

j. impersonate or falsely represent your association with any person, including a representative of us;

3.2.1.2. Disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system either directly or indirectly.

3.2.1.3. Disable or circumvent any access control or related process or procedure established with respect to the Website;

3.2.1.4. Sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us

3.2.1.5. Extract, gather, collect, or store personal information about others without their express consent.

3.3. Abuse of Unlimited Traffic and/or Unlimited Storage: One or more of our webhosting plans may offer unlimited website traffic, unlimited web/disk file/content storage, and unlimited emails for the clients. The intention behind the “unlimited” term is to provide clients with a decent space to serve web documents, but not an offsite storage area for electronic files. All of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. We will be the sole arbiter as to what constitutes a violation of provision for “unlimited” resources. To maintain the integrity of our service the following limitations apply to such hosting plans with features described with the term “Unlimited”:

a. Sites with Banners, graphics or cgi scripts running from their domain used on other domain

b. Sites with picture galleries (This is any site where 50% of the files transferred is graphics)

c. Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)

3.4. Our Remedies: Without limiting any of our rights, we may suspend, restrict or terminate our services and your use of the website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above in #3 as “ACCEPTABLE USE AND PROHIBITIONS”.

4. PRIVACY: You acknowledge hat you have read the Privacy Statement located at Eazyjungle Website, as it may be updated from time to time (the "Privacy Policy"), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.

5. MONEYBACK GURANTEE: We are fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied for the service obtained within 30 days of your purchase, we will refund your hosting costs. Cost of domain registration and SSL certificates is non-refundable.

6. LANGUAGE: The parties have requested and agree that these Terms and Conditions and all documents relating there to be drawn up in English. We may arrange services details, documentation and support in languages other than English upon request, but not guaranteed.

7. SEVERABILITY: Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

8. FORCE Majeure: We will make every effort to keep our web site and services operational. However, certain technical difficulties and other factors outside of our control may, from time to time, result in temporary service(s) interruptions. You agree not to hold us liable for any of the consequences of such interruptions.

9. APPLICABLE LAW AND JURISDICTION: This Agreement and its interpretation are subject to the laws of the province of Saskatchewan and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Saskatoon, Province of Saskatchewan, including disputes regarding the Agreement’s interpretation and its effects.

10. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES:

10.1. Customer Acknowledgement: You acknowledge and agree that:

10.1.1. ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN RISK;

10.1.2. OUR WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY;

10.1.3. THE ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN;

10.1.4. THE WEBSITE PROVIDED UNDER THESE TERMS AND CONDITIONS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

10.2. DISCLAIMER OF WARRANTIES :

10.2.1. NO CONDITIONS - WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY OTHER PRODUCTS SUPPLIED UNDER THESE TERMS AND CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER

10.2.2. NO LIABILITY— NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, "WE" OR "US") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE OF THE WEBSITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.

10.2.3. APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.