The following terms and conditions constitute the full and complete Agreement between the user and Clickable Hosting (hereinafter known as "Clickable Solutions Company").  Use of the Clickable Solutions Company Web Site, Hosting Services, Support Services, and/or any Clickable Solutions Company software acknowledges the user's Agreement to be bound by these terms.  The terms outlined below replace any previous agreements or negotiations between the user and Clickable Solutions Company, whether made orally or in written form, including statements made at any time by any Clickable Solutions Company representative.

1. Web Hosting Services

Per the terms of the Agreement, Clickable Solutions Company agrees to provide web hosting services according to the plan selected and activated by the user.  Clickable Solutions Company has the right to change, amend, and/or otherwise alter the services it provides without giving the user prior notice.  The user also agrees to receive periodic updates and services.

2. Domain Registration Services

If the user requests it, Clickable Solutions Company may acquire a Second-Level Domain Name ("Domain Name") on behalf of the user.  Per this paragraph, Clickable Solutions Company will not own or control any domain name registered on the user's behalf, as Clickable Solutions Company only provides this service as a convenience to the user.  As a result, the user must waive any and all claims, present or future, against Clickable Solutions Company for any and all charges, losses, claims or expenses arising from or relating to the acquisition, registration, and/or use of the Domain Name.  Any costs incurred by Clickable Solutions Company to obtain and/or maintain the Domain Name on the user's behalf will be charged to the user, as indicated elsewhere in this agreement.  The user will also permit Clickable Solutions Company to supply any relevant personal information provided to the relevant domain registrars in accordance with such domain registration policies.

3. Payment of Fees

3.1  The following fees are charged when applicable and are subject to change with 14 days notice.

• Services Fees

• Domain Registration Fees

• Product Fee

3.2  Clickable Solutions Company reserves the right to give special offers which may or may not be more favourable than the terms into which the user originally entered.  Any such offers shall not affect the existing rights and responsibilities of each party.

3.3  Clickable Solutions Company charges periodic service fees which may be refundable as further defined elsewhere in this document.  Depending upon the services ordered, Clickable Solutions Company may charge the user for Domain Registration Fees,  and reserves the right to make the charges upon notice to the user.  Furthermore, Clickable Solutions Company has the right to alter, amend or delete charges at its sole discretion.  Clickable Solutions Company further reserves the right to institute new services and charge fees with regards to the new services as it deems appropriate. 

3.4  Payment of Fees:  The following forms of payment are accepted: credit card (American Express, Visa, Mastercard, Discover), personal check, cashier's check, money order, bank draft, or PayPal.

3.5 Payment by credit card

3.5.1.  Before the user's account is activated, the user agrees to allow Clickable Solutions Company to charge their credit card the agreed-upon service fee, along with any installation charges, registration fees, or any other charges further defined in this service agreement.  The user further authorizes Clickable Solutions Company to charge his or her credit card for all period fees either at a reasonable amount of time before, or at the beginning of, the period.  The user will keep Clickable Solutions Company or any of its billing partners apprised of valid credit card information for the purpose of paying Clickable Solutions Company's fees as these fees come due.  Refusal to pay any charge or portion thereof will be grounds for account suspension and/or termination at Clickable Solutions Company's sole discretion, as described in Paragraph 8.

3.6  Payment by check

3.6.1  To pay by check, the user must submit a check in either U.S. or Canadian dollars against a bank in either the U.S. or  Canada.  Until the amount of the check has cleared that particular bank, Clickable Solutions Company is not obligated to initiate service.  If any subsequent fees are involved, payment is due and payable as soon as the invoice is received. In no instance is payment due later than the expiration of the last day of the previous period without regard to invoice.  It is the user's responsibility to be certain that Clickable Solutions Company receives the payment.  If a check or any portion thereof is refused, rejected or returned for any reason, an administration fee of $25.00 will be assessed to the user.  Furthermore, refusal, rejection or return of any such check or any portion thereof is grounds for account suspension and/or termination at Clickable Solutions Company's sole discretion as described in Paragraph 8.

3.6.2  In order to avoid any service interruptions, it is recommended that the user submit payment to Clickable Solutions Company in advance of the current period expiration date so that it reaches Clickable Solutions Company before the renewal.

3.7  Refunds of fees are only made for pre-paid service fees beyond the renewal date after the Agreement is terminated (see paragraph 8.1).  Refunds are pro-rated based on the number of days for which service remains as of the renewal date.  Clickable Solutions Company may also grant other refunds under circumstances it deems appropriate without waiving any other rights. 

4. License

Clickable Solutions Company grants the user a non-exclusive, limited, personal, non-transferable license to use the Clickable Solutions Company Web Hosting Service for the term of the agreement, pursuant to the terms and conditions set forth in this agreement.

5. Acceptable Use

Clickable Solutions Company strictly enforces the following terms of acceptable use set forth in this paragraph.  The user agrees to maintain his or her website in full accordance with these terms and failing to comply is cause for immediate suspension and possible termination under Paragraph 8.

5.1  The user will not violate the laws, regulations, ordinances or other such provisions of any applicable Federal, Provincial, or Municipal government.

5.2  The user agrees not to harm minors or perform any activity which could cause this kind of harm.

5.3  The user will not undertake any action which encourages or constitutes any threat of harm to any person or property.

5.4  The user will not send any advertisements, commonly known as spam.  The following actions regarding spam are prohibited:

• Spam includes but is not limited to bulk mailing of commercial advertisements, informational announcements, charity requests, petitions, and political or religious emails. These messages may only be sent to people who have specifically asked for them.

• Forging, altering or removing electronic mail headers - any domain that sends stealth spam will be terminated without warning and without refund.

• Sending "mail bombs" - defined as sending numerous copies of the same or similar messages with the intent to disrupt a server or account.

• Spamming newsgroups - most newsgroups will not tolerate spam, and inappropriate postings may be grounds for account cancellation. Sending a spam message to different off-topic newsgroups is unethical.

• Harassment or intimidation of others via email - harassment may include language, frequency of messages or the size of messages. A single unwelcome message may be considered harassment. If the user is asked to stop sending mail to a receiver, the user must do so immediately.

• Providing spamware - Spamware is any type of software used to send spam or to gather email addresses for the purpose of sending spam. The user is also prohibited from placing links to such software on their site. To do so means the removal of or cancellation of the account.
  Using the service of another provider, including but not limited to, the use of third-party address lists to promote a web site hosted by or through Clickable Solutions Company. This is called spamvertising and this Agreement will treat this as if the spam was sent through the Clickable Solutions Company servers.
   

5.5  The user will not make any type of inappropriate communication to any Newsgroup, Mailing List, Chat Room or Internet Forum.

5.6  The user is prohibited from making or attempting unauthorized access of any Clickable Solutions Company website.  This policy holds for the Clickable Solutions Company customer websites as well.

5.7  The user is prohibited from infringing upon any copyright, trademark, patent, trade secret, or other proprietary right of any third party including but not limited to the unauthorized copying of copyrighted material, the digitization of and distribution of photos from magazines and books, or any other copyrighted material and the unauthorized transmittal of copyrighted software.

5.8  The user will not collect or attempt to collect personally identifiable information or any person or entity without their express written consent.  Records of this written consent must be kept throughout the terms of the Agreement and for three years thereafter.

5.9  The user will not undertake any action that could be or is potentially harmful to the Clickable Solutions Company server structure. 

5.10  The user will not sublease their account or offer free space to other clients.  The Clickable Solutions Company plans are for single users only.

5.11  The following uses of the account are prohibited.

• Accounts cannot provide material that is grossly offensive, including blatant expressions of racism, hatred or bigotry.
   

• Accounts cannot promote or provide instructional information about illegal activities or promote physical harm against a group or individual.
   

• Accounts cannot display any form of pornography including material that exploits children under the age of 18.
   

• Accounts cannot infringe upon any copyright, trademark, patent, trade secret, or other proprietary right of any third party including but not limited to the unauthorized copying of copyrighted material, the digitization of and distribution of photos from magazines and books, or any other copyrighted material and the unauthorized transmittal of copyrighted software.
   

• Accounts cannot provide space, either paid or free, to other clients. This includes but is not limited to, web space, and/or email mailbox space. Reseller clients are exempt from this.
   

• Accounts cannot distribute information regarding creating and/or sending viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks, or anything that disrupts other clients' ability to use the network or any connected system.
   

• Accounts cannot advertise, transmit or make available any software product that is designed to violate this Agreement including spam initiation software, initiation of pinging, flooding, mail bombing, denial of service or software piracy.
   

5.12  The user shall not abuse the resources of the shared server environment.  Server abuse is defined as any process that affects normal shared server operation, resources or connectivity and which causes a server to become overloaded.  Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth.  Possible causes of this abuse include but are not limited to the use of CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP.  If server resource abuse is found, Clickable Solutions Company can take the following actions which include but or not limited to:  disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation.  If the overload is a result of abuse, these actions will be taken without prior notice or warning.

5.13  The user will not abuse our SMTP mail server.  Abuse is defined but not limited to sending more than 7200 emails a day or 300 emails an hour or running a vulnerable script which enables third parties to abuse the system.

6. Term

The initial period of this Agreement shall be one (1) month with automatic renewal for additional months after the expiration of the initial term.  Clickable Solutions Company reserves the right to accept pre-payment of renewal periods and may occasionally offer incentives for such pre-payment. The term of the Agreement will however, remain one (1) month.

7. Ownership of Intellectual Property and Confidentiality

7.1  The user acknowledges that all right and title to any Clickable Solutions Company intellectual property - which includes but is not limited to Clickable Solutions Company customer service and maintenance tools - remains the property of Clickable Solutions Company.  The user has no right, title or interest therein.  The user also agrees that he or she will not provide access to these services to any third party.  Further, the user agrees not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, license, distribute, market or otherwise dispose of any portion of the Clickable Solutions Company services.  Clickable Solutions Company retains any and all rights or titles to any engineering, coding, programming or customer service work or other modification of the Clickable Solutions Company service.

7.2  During the term of this agreement, the user will likely have access to certain information and materials relating to the Clickable Solutions Company business, customers, software technology, and marketing which are treated as confidential (hereinafter "Confidential Information").  The user agrees to at all times during the term of this Agreement and otherwise as set forth in this Agreement to (a) hold this information in confidence and not disclose or reveal it to any person or entity without the express prior written consent of Clickable Solutions Company; and (b) not to use or disclose any confidential information for any purpose at any time other than pursuant to the user's rights under the Agreement for the purpose intended.  The user's obligation to protect confidential information will continue for as long as the information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement if the confidential information involved is not a trade secret.

8. Suspension and Termination

8.1  Suspension - At the sole discretion of Clickable Solutions Company, for any reason outlined in this Agreement, or in the event the user breaches any term of this Agreement including but not limited to Section 4 (Payment policy) and Section 3 (Acceptable Use Policy), Clickable Solutions Company may deactivate the user's account by deactivating any access by the user or by web users to any information posted by the user on their Clickable Solutions Company account.  Suspension shall specifically include the disabling of the user's domain and/or access to information or data related to the breach.  In the event of any such suspension, the user will be notified and given an opportunity to correct such a breach.  In the event that it is not corrected in ten (10) days the account may be terminated.  Service charges will continue to accrue on suspended accounts as if they were not suspended.  The user is responsible for any charges during such a period of suspension.

8.2  Termination - This Agreement in its entirety will remain in full force and effect until it is terminated.  Termination includes the removal of any and all of the user's information from the Clickable Solutions Company servers.  Such information or data may or may not be made available to the user after such a termination.  This Agreement may be terminated either (a) after a suspension period or (b) by either party upon 45 days notice in advance of a renewal period for any reason.

8.3  In the event of termination, there will be no refund provided to the user.  In addition, Clickable Solutions Company may charge the user an additional termination fee not to exceed $100.00 at its discretion.  This fee will not affect the rights of Clickable Solutions Company to recover losses, damages, indemnity, defense costs, collection costs, and/or attorneys fees or other costs of any kind that may be applicable under laws of the Province of Ontario.

8.4  In the event of any termination any services fees paid in advance beyond the next renewal date following the notice period will be refunded to the user.  This refund will not include any installation fees, Domain Registration fees or other fees which are all non-refundable.

9. Survival

Sections 2, 3, 4, 7, 8, 10, 11, 12, 14, 15, 16, 17, and 18 shall survive the termination of this Agreement and shall remain in full effect after any such termination.

10. Notice

10.1  Clickable Solutions Company will send any notice to the user via email at the address provided by the user to Clickable Solutions Company at the beginning of the Agreement or as Clickable Solutions Company is subsequently advised.  Notice to the user at this email address is deemed sufficient regardless of the user's receipt of such email.  If the user wishes to update the email address, Clickable Solutions Company should be contacted by email through the following address:

10.2  Any notice from the user to Clickable Solutions Company shall be made via registered/certified mail.  Such notice may also be sent via mail to the following address:

11. Warrantees and Limitations

11.1  Clickable Solutions Company will make every reasonable effort to ensure the operation of the Clickable Solutions Company service. However, due to many events that are beyond the control of Clickable Solutions Company, Clickable Solutions Company does not in any way warrant or otherwise guarantee the availability of the Clickable Solutions Company system or servers and is in no way responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues, due either to the active or passive negligence of Clickable Solutions Company.

11.2  THE Clickable Solutions Company SERVICE IS PROVIDED ON AN "AS-IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

11.3  In general, Clickable Solutions Company has no control over information contained on the Internet.  Information obtained from the user over the Internet may be inaccurate, offensive, or in some cases even illegal.  Clickable Solutions Company accepts no responsibility for what the user receives from the Internet.  The user must verify the accuracy, legality, and ownership of the information received on the Internet, as well as the reputation of the individuals with whom they may deal.  Clickable Solutions Company provides no warrantee for any goods or services that are obtained over the Internet nor the compatibility of any such services with the Clickable Solutions Company system.

11.4  The user waives any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is actually infringing.

11.5  THE TOTAL REMEDY AVAILABLE TO THE USER AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICES FEES PAID BY THE USER TO Clickable Solutions Company IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEMDY.  IN NO EVENT SHALL Clickable Solutions Company BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR LOSS OF BUSINESS S THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

12. Assignment

This Agreement is not transferable or assignable except that Clickable Solutions Company may assign its rights hereunder to anyone or any entity who shall become a principle owner or shareholder of Clickable Solutions Company.  Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

13. Force Majeure

This Agreement is not transferable or assignable except that Clickable Solutions Company may assign its rights hereunder to anyone or any entity who shall become a principle owner or shareholder of Clickable Solutions Company.  Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

14. Indemnity

14.1  The user agrees to fully indemnify and defend and hold harmless Clickable Solutions Company from any and all third party claims, causes of action, demands, costs, damages, including both direct and consequential damages, specifically including attorneys fees, and costs, expert fees and costs and mediation and/or arbitration fees, and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or negligence whether active or passive or any negligence of Clickable Solutions Company in any way related to the user's use of the service or any portion thereof.

14.2  The user agrees to fully defend and indemnify and hold harmless Clickable Solutions Company from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property of any third party which is in any way related to the user's Clickable Solutions Company account or any part thereof.  Choice of counsel remains exclusively that of Clickable Solutions Company.

14.3  The user agrees that upon assignment of a user ID and password that the account information will remain confidential and the user assumes all responsibility of any loss, theft or other destruction of any data as the result of any access to the user's account via the use of the user ID.  The user further agrees to defend and indemnify and hold Clickable Solutions Company from any and all third party claims, causes of action, demands, Clickable Solutions Company costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential user ID and Password information.  Choice of counsel remains that of Clickable Solutions Company.

15. Choice of Law

This Agreement is interpreted under the laws of the Province of Ontario without regard to any conflict of law provisions.  Any action between the parties to this agreement for the breach of the agreement or any action or claim in any way relating thereto shall be venued in the Courts of the Province of Ontario, Regional Municipality of Peel.  The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defence of any kind related to jurisdiction or venue.

16. No Agency

Clickable Solutions Company is not the agent, partner or joint venturer in any respect of the user.

17. Severability

If any term, clause or provision hereof is ruled by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18. Amendment

Clickable Solutions Company may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Clickable Solutions Company web site in place of the old.  Each and every such amendment shall become effective immediately for all pre-existing and future accounts.