1. General and Acceptance

BY USING AND/OR VISITING THE WWW.WEBTEMPLE.CA WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.WEBTEMPLE.CA (as defined below; collectively, including all content available through the Webtemple.ca domain name, the “Webtemple Website”, or “Website”), is owned, maintained and operated by TD Labs Ltd. under the Webtemple brand (“Webtemple”) and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF Webtemple’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://webtemple.ca/terms-service, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Webtemple Service.

Webtemple is a service offered by TD Labs, which facilitates
For the purpose of these Terms of Use, a “Sub-website” of Webtemple shall be considered as any website which is part of the Webtemple service offering and which refers to these Terms of Use as the terms governing the use of such websites.
This Terms of Use Agreement sets forth the legally binding terms for your use of the Webtemple Services and they shall apply to all users of the Webtemple Website, including users offering content and/or other materials or services on or through the Website. By using the Webtemple Services, you agree to be bound by this Agreement. You are only authorized to use the Webtemple Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE Webtemple Website AND DISCONTINUE USE OF THE Webtemple SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE Webtemple SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain Webtemple Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Webtemple.ca Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Webtemple.ca may modify this Agreement from time to time and such modification shall be effective upon posting by Webtemple.ca on the Website. You agree to be bound to any changes to this Agreement when you use the Webtemple Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

2. Eligibility

By using the Webtemple Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Webtemple Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

Minors are not allowed to purchase Premium/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.

3. Provided Services

Subject to full compliance with the Terms of this Use Agreement, Webtemple shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the “Content”). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Webtemple may charge fees for such Services. The Services are provided by Webtemple AS IS and Webtemple assumes no responsibility for any failure in providing the Services to the Users.Webtemple may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Webtemple may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Webtemple may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Webtemple product or image or webpage including such which have been created by users unless stated otherwise.The Premium/Upgraded Services provided by Webtemple (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.

4. General Undertakings

You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the Webtemple.ca services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not upload, distribute or promote any kinds of adult content through this site.

5. The Webtemple Website

The Webtemple Website may contain third party content and links to third party websites that are not owned or controlled by Webtemple. Webtemple has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Webtemple will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Webtemple from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Webtemple Website and to read the terms and conditions, and privacy policy of each other website that you visit.

 6. Website Access

A. Webtemple hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Webtemple; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use someone else’s account. You may not grant access to any other person to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Webtemple immediately of any breach of security or unauthorized use of your account. Although Webtemple will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Webtemple or others due to such unauthorized use.

7. Third Party Content

A. Linked Third Party Content: Webtemple enables you to link to images, animations, videos, audio, fonts, and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by Webtemple, but this is separate from the Linked Content, and the existence of your creation in Webtemple does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
Webtemple may provide its users the ability to embed images, animations, videos, audio, fonts, and other content owned or provided by third parties into Webtemple created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content. The terms for the use of any Applications offered by Webtemple shall be according to the specific terms set forth in Section 10 below.
B. Third Party Content: Webtemple may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties (“Third Party Content“). You acknowledge and agree that Webtemple shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the Webtemple Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the Webtemple Website (“Your Webtemple Content”). If you do not obey to such instructions, and you do not remove the Third Party Content from Your Webtemple Content within no later than 24 hours from the time on which Webtemple provided you the relevant notice, Webtemple SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR Webtemple CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO Webtemple, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO Webtemple.

To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which Webtemple requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by Webtemple; and (iii)  use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.

8. Online Sharing through Third Party Services

Webtemple enables you to share your creations and/or User Content (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.

9. Third Party Services

You are fully aware of the fact that Webtemple shall not have any responsibility or liability with regard to any third party services used by you on or through your Webtemple formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a ‘PayPal’ button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Webtemple.

10. Application

A. General: Webtemple may offer its Users through the Website (including as part of templates offered by Webtemple and as part of the offering in the Webtemple Application Market located at: http://webtemple.ca/add-ons/ ; the “Add Ons and Upgrades Market”) various applications and professional services that can be used in conjunction with or as part of the web Content created by Users (“Applications”). Applications may be provided and operated by Webtemple or by third-parties not affiliated with Webtemple. The provider of each Application is clearly identified in the Website or, in event of Application embedded into templates, can be easily identified by the Users. You agree that Webtemple is not responsible for any Application that is offered by any source other than Webtemple.
Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to Webtemple Users. Accordingly, if You are not registered as a Webtemple User or if your Webtemple account has been suspended, you will not be able to purchase or use Applications.
Applications may be provided to Users by Webtemple as an integral part of a template offered on the Webtemple Website. In such event, the User using such template shall be notified in a manner determined by Webtemple that it includes a third party Application and that the use of such template may require the purchase of such Application and/or consent to terms and conditions determined by the provider of the Application.

B. Availability of Applications: Webtemple shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Application (or of any features or components thereof). You agree that in such event Webtemple shall have the right, in addition to the discontinuation of the offering of such Application to remotely remove such Application from Your Webtemple Content at its sole discretion. In such event, You shall have no claims towards Webtemple as result of any loses of data or other content.
C. Terms of Application Purchase: The terms for the purchase of an Application shall be as determined by the provider of such Application (Webtemple or a third party) as provided on the Webtemple Website including in the App Market (the “App Terms”). By purchasing and/or downloading and Application You agree to be bound by and to abide by the App Terms of such Application. You agree that You are solely responsible for all fees associated with purchases of any Applications according to the respective App Terms. You agree to use the Applications only for purposes that are permitted by (a) the App Terms and (b) any applicable laws and regulations.
D. Responsibility and Liability: You acknowledge that other than Applications offered and provided by Webtemple, all Applications are offered on an AS-IS basis and Webtemple shall have no responsibility in relation to the proper functionality and/or availability of any Application. The entity or person providing an Application shall have the sole and exclusive responsibility for availability, maintenance, bug fixing, support (including by linking from the Application) and proper functioning of the respective Application. You agree that You are solely responsible for and that Webtemple has no responsibility to you or to any third party for your use of the App Market and/or any Application, any breach of your obligations under the App Terms, and for the consequences (including loss or damage of any kind which Webtemple may suffer) of any such breach. It shall be noted that unless clearly provided otherwise on the Website, upgrade of your Webtemple content by purchasing Charged Services (as defined below) shall not include purchasing of any other services or upgrades of any Application.
E. Ownership of Rights: Webtemple or third parties providing Applications shall own all right, title and interest in and to the App Market and the Applications offered to Users, including without limitation all applicable Intellectual Property Rights in the Applications.

11. Fees and Payment

Some of the Services offered on the Website require payment of fees (“Charged Services” ). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Webtemple reserves the right to change its prices at any time. You authorize Webtemple directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Webtemple.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Webtemple does not receive a request by the user, through the managed premium section under Webtemple Website, for Charged Services termination you acknowledge and understand that Webtemple will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services.  All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Webtemple expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user.  Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.  THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR.  WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING.  THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION Webtemple WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH WEBTEMPLE AT WEBTEMPLE’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME.  IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS WEBTEMPLE IN RELATION TO THE DISCONTINUATION OF THE SERVICES.

11.A. Late Fees

Section 11.A. is in effect starting Nov 27, 2016. All invoices still open at that date as well as any new invoices generated will be subject to the following late payment terms. 

If TD Labs doesn’t receive your payment for your bill within 30 days of the bill date, you will be charged late payment fees as follows:

  • 3% monthly (42.5% per annum)

A late payment charge may be applied to any unpaid balance 30 days after the billing date.

  • Payments sent by mail are credited the day we receive them.
  • Late fees will be applied to your invoice every 30 days until paid in full.
  • A new invoice including your late fees will be generated every 30 days.

If you think there is a billing error, please contact us and we will be happy to review your bill.

11.BA. Suspended Websites

If a website is not renewed, or renewal fails, the website may get deactivated. Deactivated websites will feature an interstitial message or advertisement from one of our advertising partners. If a website is suspended for a period of more than 30 days, it may get deleted without any further notice.

11.C. Marketing Plans

If a TD Labs or Webtemple marketing campaign is being run for a website, that website shall qualify for an exemption from webtemple fees. If a marketing campaign is paused or removed temporarily, or for any reason no payment for a marketing campaign is being made towards that campaign for more than 60 days, the website will be assigned its previous plan, or de-activated immediately.

11.D Activating and Re-Activating

Inactive Websites can be re-activated at any time by subscribing them to a plan found here (website.ca/maintenance).

WEBSITES THAT ARE INACTIVE FOR MORE THAN 30 DAYS MAY BE DELETED WITHOUT ANY FURTHER NOTICE. ONCE DELETED, A WEBSITE CANNOT BE RECOVERED. WEBTEMPLE AND TD LABS LTD. DO NOT ASSUME ANY RESPONSIBILITY FOR LOST BUSINESS OR DATA AS A RESULT OF DELETING A WEBSITE THAT HAS BEEN INACTIVE FOR 30 DAYS OR MORE. 

12.  Ownership of Content

Webtemple does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:
(i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a free User (and which Webtemple has not been paid for), the owner of such content shall be considered as the Webtemple User listed as the owner of the Webtemple account under which the content has been created

or uploaded to the Website;

(ii) in respect to websites created on Webtemple’s Website and which have an external URL (i.e. a domain name imported or purchased as part of a “Premium

Upgrade”), Webtemple shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid Webtemple for the Charged Services shall not be

considered by Webtemple as creating any ownership or other rights in or in relation to such website;

Webtemple shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.

13. Cancellation & Money Back

The Webtemple Charged Services are provided on a prepay basis. Webtemple users may decide to discontinue their use of any Charged Services at any time after the lapse of the term (see 14.2). Such cancellation is done by the users themselves on the Webtemple Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the Webtemple Website.
WEBTEMPLE DOES NOT OFFER ANY REFUNDS OR MONEY BACK. You are provided with a free trial of 30 days during which you have the opportunity to evaluate the service.

THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. WEBTEMPLE WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.

14. Term and Termination

14.1 Term Commencement

This Agreement shall become effective when client registers to have site built.

14.2 Term

This Agreement shall remain in effect for twelve (12) months after TD Labs Ltd. receives initial registration. Following the twelve month term the agreement shall renew on annual basis and remain in effect until TD Labs Ltd. receives written notice of termination from the Client twenty (20) days prior to the next renewal, or there is a termination for default or termination for non-payment. Following termination, (a) client will be responsible to pay the remaining term b) after which no amount not then payable under this Agreement will become payable nor will any amount paid be reimbursable, and  (b) TD Labs Ltd. shall own all work product produced up to such time and TD Labs Ltd..

14.3 Domain Names

Upon the terminating event, TD Labs Ltd. agrees to transfer, assign or make available to the Client the domain name of every website which is the subject of this agreement for a fee of $250.

14.4 Termination for Default

Either party may provide written notice to the other of any default to any term or obligation contained in this Agreement.  The defaulting party will have ten (10) days to cure that default, failing which the non-defaulting party may terminate this Agreement.

14.5 Termination for Non-Payment

If any part of Client’s account remains outstanding for a period of thirty (30) days or more from the date the initial payment was due, TD Labs Ltd., may remove the website from the host server and terminate this Agreement immediately. Should Client wish to reinstate this Agreement, TD Labs Ltd. will be entitled to a fee of two hundred dollars ($200.00) associated with the reactivation of the website, in addition to amounts already owing.

15. Intellectual Property Rights

The Content on the Webtemple Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Webtemple uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Webtemple document). Webtemple reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Webtemple Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Webtemple Website or any of the Content therein.

Should we consider that you violated our copyright, IE used materials, graphics or text without our consent, not necessarily on webtemple.ca or on your website(s), we reserve the right to immediately suspend your account until the manner is remediated.

16. User Content

A. The Webtemple Website permits the submission and uploading of Content submitted by you and other users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Webtemple does not guarantee any protection with respect to such User Content.

B. YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT Webtemple, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. Webtemple DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.

C. WHILE Webtemple IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, Webtemple RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT Webtemple DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.

D. Webtemple does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Webtemple Website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Webtemple Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on such publicly accessible areas of the Webtemple Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by other users of the Webtemple Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Webtemple Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by Webtemple).

E. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT Webtemple AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE Webtemple OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON.

If you become aware of misuse of the Webtemple Services by any person, please contact Webtemple (according to the contact information in Section 24 below) or by email to:[email protected]

Webtemple does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Webtemple expressly disclaims any and all liability in connection with User Content.

F. COPYRIGHT. Webtemple DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND Webtemple WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.

Webtemple respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA“). If you believe that your work has been copied in a way that infringes your copyrights, please email us at [email protected] and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.

The details of the Webtemple Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found at the website of the US Copyrights Office – at http://www.copyright.gov/onlinesp/list/a_agents.html.
Repeat Infringer: Webtemple reserves the right to remove Content and User Content without prior notice. Webtemple will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. Webtemple also reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Webtemple may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
G. You understand that when using the Webtemple Website, you will be exposed to User Content from a variety of sources, and that Webtemple is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Webtemple with respect thereto (if any), and agree to indemnify and hold Webtemple, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

17. Additional Prohibited Uses

In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:(a) harm minors in any way;(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;(c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;(e) “Spamming” to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to “spam” including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;(f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;You agree to indemnify and hold Webtemple harmless from any claims resulting from the use of the Services which damages you or any other party. Webtemple reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Webtemple benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Webtemple’s sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Webtemple may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against Webtemple for such action.

18. Security

You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Webtemple in writing of any unauthorized uses of your account or any other breaches of security. Webtemple 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 will Webtemple be liable, in any way, for any acts or omissions by any Webtemple User or other third party, including any damages of any kind incurred as a result of such acts or omissions.

19. Warranty Disclaimer & Limitation of Liability

A. YOU AGREE THAT YOUR USE OF THE WEBTEMPLE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Webtemple, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Webtemple MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEBTEMPLE WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE WEBTEMPLE WEBSITE .
B. IN NO EVENT SHALL Webtemple, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Webtemple Website. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
C. YOU SPECIFICALLY ACKNOWLEDGE THAT Webtemple SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. WEBTEMPLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBTEMPLE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBTEMPLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
E. WEBTEMPLE DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
F. WEBTEMPLE MAKES NO REPRESENTATIONS THAT THE WEBTEMPLE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBTEMPLE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

20. Indemnity

You agree to defend, indemnify and hold harmless Webtemple, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Webtemple Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Webtemple Website.

21. Events Beyond Control

Under no circumstances shall Webtemple be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of,  relating to or in connection with events beyond the reasonable control of Webtemple, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

22. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Webtemple without restriction or limitations.

23. General

You agree that: (i) the Webtemple Website shall be deemed solely based in Israel; and (ii) the Webtemple Website shall be deemed a passive website that does not give rise to personal jurisdiction over Webtemple, either specific or general, in jurisdictions other than Israel. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and TD Labs Ltd. that arises in whole or in part from the Webtemple Website shall be decided exclusively by a court of competent jurisdiction located in Ontario Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by Webtemple on the Website, shall constitute the entire agreement between you and Webtemple concerning the Webtemple Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Webtemple’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND Webtemple AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Webtemple Website MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

By registering to the Webtemple Website and providing your email address, you expressly agree to receive promotional content from Webtemple, by mail or email, from time to time. If you provide Webtemple with your phone number (at any stage of use of the Services), Webtemple shall be entitled to call you or send you promotional SMS notices from time to time.  If you wish not to receive such promotional content / notices, you may notify Webtemple at any time.

24. Ethical Code of Conduct

We reserve the right to terminate any user and content without any prior warning or of proof if one or more of the following circumstances arise:

The user created content which drives in an unusually high amount of spam comments.

The user created content that is abusive, false in nature or is intended to mislead or otherwise cause any damage to the reader.

The user created content that in any way threatens the security of the Webtemple Website or any other webtemple subsite.

The user is generating fake traffic through any external services.

25. Customer Service Contact

To get in touch with our Customer Service – please use any of the options listed below:
1. Send an email message to: [email protected]

26. Coupons & Store Credit

Customers may be issued coupons and store credit against products or services on Webtemple.ca. All coupons and credit may be subject to an expiration date and additional restrictions. Such restrictions may be listed on the coupon or may be presented during the checkout process on the checkout page.

All coupons and store credit may not be redeemed for cash and can only be used on Webtemple.ca

 

27. Reward Points

Reward points are awarded as 1 point per $ CAD spent on Webtemple Services. Reward points are calculated based on the actual amount spent, after applying coupons and before applying tax. 10 Reward Points can be redeemed for $1 CAD against services offered on webtemple.ca.

Reward points are only good against services offered on webtemple.ca and may not be redeemed towards TD Labs services or for cash.

28. Referral Discounts

Webtemple may choose to offer a referral discount to existing customers for referring new businesses. The referral discount consists of a new website. Referral discounts may not be claimed in conjuncture with any other discounts or promotions.
Referral discounts may not be claimed agains the first 3 (three) months of service. TD Labs Ltd. reserves the right to change the amount of the referral discounts without prior notice. Referrals are earned, once the referred client has paid for the service for 3 (three) consecutive months.

Should you have multiple websites in one account, the referral discount will only apply against the the website with the lowest package. Packages are ranked from low to high as follows: Basic, Business, Pro.

29. Account Limitations

In order to ensure fair use of the service, Webtemple has set the following service limits on webtemple websites. The following limits are expressed in the maximum number of man-hours allowed per website per month. While we try our best to allow for fluctuations, we reserve the right to enforce these limits if we notice that the the service limit has been exceeded by 100%.

  • Pro Websites: 6 hours or 12 requests
  • Business Websites:  4 hours or 8 requests
  • Basic Websites: 2 hours or 4 requests

Requests are estimated at 30 minutes per request, however, they may take longer than that. Once we notice higher than normal usage, we may begin enforcing usage limits. Should you exceed the maximum number of man-hours allowed for your website, we will assess extra charges, based on a hourly rate of $35.

The hourly rate is subject to change without notice.

30. Managed Content and Unmanaged Content

Managed Content is defined as content that is created and maintained by Webtemple or TD Labs representatives. Plans come with a finite amount of managed content:

  • Basic Websites: Up to 5 Managed Pages
  • Business Websites: Up to 10 Managed Pages
  • Pro Websites: Up to 15 Managed Pages and 20 Products

You may also find this information on https://webtemple.ca/pricing/. Both clients and webtemple may edit managed content.

Unmanaged Content is defined as content which is not managed by webtemple. Unmanaged content is created and maintained by the website owner, and webtemple staff does not have access to edit unmanaged content.

You may purchase licenses for content management from the webtemple add-on store (https://webtemple.ca/add-ons). Each purchased page will add 0.5 hours or 1 ticket (whichever comes first) to your monthly maximum, while each purchased product pack will add 1hour or two requests (whichever comes first) to your monthly limit

© copyright 2014 TD Labs Ltd. Webtemple and the webtemple logo are trademarks of TD Labs Ltd.

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