Espace Code Terms & Conditions
Last modified: September 12, 2016
Welcome to Espace Code!
Thank you for choosing Espace Code for your websites and other IT solutions. For the purpose of this Espace Code Terms & Conditions agreement, the term “Espace Code websites” shall refer to any webpage, content, application or service hosted on espacecode.com and any of its subdirectories and subdomains.
Scope and Purpose of Espace Code Terms & Conditions
This Espace Code Terms & Conditions agreement governs your use of “Espace Code websites”. By using “Espace Code websites”, you agree to and accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use “Espace Code websites”, as that condition prohibits you from doing so. Espace Code reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize “Espace Code websites”. By using “Espace Code websites” after changes have been made to this agreement, you agree to accept those changes, whether or not you have reviewed them.
Rights to Information Published on “Espace Code websites”
All materials on “Espace Code websites” are protected by copyright and intellectual property laws and are the property of Espace Code. Unless stated otherwise, you may access and download the materials from “Espace Code websites” for personal, non-commercial use only. You may not reproduce this material on your personal website, blog, social network, or any other online resource. Any and all content (including user and visitor generated content) submitted via email, comment forms, or any other page hosted at espacecode.com and any of its subdirectories and subdomains and its content aggregation systems becomes the property of Espace Code. Espace Code reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content.
Our Rights to Remove or Reproduce any User-Generated Material
For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to Espace Code via any method on “Espace Code websites” or any other content communication or submission medium or forum. By sharing any contribution or “user-generated material” (including any text, photographs, graphics, video, audio or any other type of media or content) with “Espace Code websites” you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of said material). You hereby confirm that your contribution is your own original work, is not defamatory, and does not infringe upon any laws of the country from which you are utilizing this site, nor the laws of Canada or The United States of America, and that you have the full rights to accept this condition.
“Espace Code websites” Content (quality, accuracy and use)
Visitors who use “Espace Code websites” and rely on any information do so at their own risk. “Espace Code websites” and the attached documents are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found on “Espace Code websites” will not always be up to date and cannot necessarily be relied upon. The information is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on “Espace Code websites” without first consulting with a qualified professional. They are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between Espace Code and you. Only actual Espace Code hosting clients are considered to have a professional-client relationship with Espace Code. Clients who have neglected to pay any amounts due by the date of payment specified on a bill are not considered having a professional-client relationship with Espace Code. By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of Espace Code.
Restrictions on Use of “Espace Code websites”
If you are under 18, please obtain permission from a parent or guardian before taking part in any “Espace Code websites” community. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address, or email address). By visiting any page on “Espace Code websites” you understand that "adult" content may be encountered that is not suitable for children. You must be at least 18 years of age or have a parent/guardian present while viewing any page or other correspondence or content from “Espace Code websites”, (which includes any content or code relating to or from “Espace Code websites” that was transmitted via email or other means). Espace Code cannot be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing to any sort of content on “Espace Code websites”.
External links & limiting liability for links to other web sites
We are not responsible for the contents or reliability of any other websites to which “Espace Code websites” provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
The Actions and Opinions of Other Users
You must not use “Espace Code websites” in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of “Espace Code websites” is created by members of the public. The views expressed are theirs and, unless specifically stated, are not those of Espace Code. We accept no responsibility for any loss or harm incurred from the use of “Espace Code websites” or any of its information or content.
Viruses, Damage and Availability
Espace Code makes no warranty or claim that functions available on “Espace Code websites” will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for your security as well as that of the device used by you to view any content from “Espace Code websites”.
Whenever you use “Espace Code websites” to contact Espace Code, you are communicating with us electronically. If you are a client of Espace Code, you also consent to receive communications from us electronically regarding administrative or account information. We will communicate with you by email (if you have provided your email address to us), or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law. Since administrative communications between you and Espace Code are essential to the professional-client relation between you and Espace Code, the only way to opt-out is to cancel your account. You may cancel your account by contacting us. Sending mass emails (to more than 50 email addresses) can be illegal if in violation of Bill C-28, and all mass emails that respect this law must be sent via a specific platform provided either by Espace Code or another provider.
Breakdown of Responsibilities: Client and Espace Code
Under this provision, the term client refers to all persons or businesses having an active, uninterrupted, unsuspended nor terminated business relationship with Espace Code. Espace Code agrees to provide a hosting service as stipulated in the control panel of each Espace Code client (each client account may have different technical specifications) with an availability rate of 99.9% and standards conforming to the rules of the profession. Espace Code reserves the right to momentarily interrupt all service following the detection of a vulnerability in the security system or when updating their servers is deemed necessary. Espace Code agrees to rapidly intervene in cases of non-consecutive incidents of improper use of Espace Code services by a client following a client request for intervention. Espace Code reserves the right to temporarily or permanently suspend business ties with any client who represents a threat to maintaining the security and performance of the Espace Code hosting platform, whether because a client's site was hacked or a programming error was made by an employee or service provider responsible for a client's site or by a client. Espace Code reserves the right to temporarily or permanently suspend the account of any client who has not paid any and all service invoices issued by Espace Code after the payment due date of the issued invoice from Espace Code. The client acknowledges that Espace Code allows other of its clients to use Espace Code servers and that Espace Code will in no event be liable for any and all damages, costs, or losses incurred by the client (or its clients) as a result of the actions of another client. The limit of Espace Code’s liability toward the client concerning performance or non-performance in any manner related to this agreement, for any and all claims, will not, in the aggregate, exceed the total fees paid by the client to Espace Code exclusively for the website hosting plan for a maximum (3) months immediately preceding the date the claim arose. Espace Code will in no event be liable for any lost profits, special, indirect, consequential, incidental or punitive damages. The client agrees to refrain from any and all activities of intrusion or attempts at intrusion from their Espace Code website hosting account. For security reasons, Espace Code reserves the right to temporarily or permanently suspend the account of any client who is proposed, whether in return of payment or free of charge, any services for malicious, fraudulent or illicit use. Concerning data backups, it is the client's responsibility to take all necessary precautions to safeguard their data. This action can be performed via the client's Espace Code control panel.
Limited Liability of Content for “Espace Code websites”
Espace Code and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of Espace Code at any location within “Espace Code websites” or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence). Though we make a reasonable effort to maintain the resources of “Espace Code websites”, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using “Espace Code websites” you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on “Espace Code websites” or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to Espace Code in any way.
Registrar Registrant Agreement for Domain Names
Please also visit our Domain Registrant Agreement before using our domain registration service.
The Federal laws of Canada and the Provincial laws of Quebec shall otherwise govern your use of “Espace Code websites” where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.