HiWAAY Information Services – Terms and Policies

By establishing an account and continuing use of any HiWAAY Service, you agree to be bound by the Terms and Conditions (Terms) as well as the Service Agreement (Agreement) for each service that you purchase or subscribe to.

HiWAAY’s Terms and Agreements are linked below and are provided in your service/subscriber agreement at the time of purchase. Continuing to use a HiWAAY Service indicates your agreement to abide by the Terms and Agreements below as each are amended from time to time.

Should you have any questions regarding the agreements or terms, please call HiWAAY Customer Support at 888-244-9229 Support.

General Terms and Conditions

Terms and Conditions

HiWAAY’s Terms and Conditions

HiWAAY Information Services, Inc., dba HiWAAY Internet Services, (the “HiWAAY”) is pleased to provide you, the subscriber (hereinafter referred to as a “Member”), with the services you have selected (the “Service”). By establishing an account or using the Service, you agree to be bound by HiWAAY’s Terms and Conditions (the “Terms and Conditions”), which are incorporated into the HiWAAY’s Service Agreements (the “Agreements”) by reference. Should you have any questions regarding the agreements or terms, call HiWAAY at 888-244-9229.

I. GENERAL TERMS OF AGREEMENT.

A. For each type of Service you purchase from HiWAAY, these Terms and Conditions are incorporated by reference into a Service Agreement and a subscriber agreement (or sale contract), which, along with HiWAAY’s other product-specific policies and procedures posted on its Website, www.HiWAAY.net, (the “Website”) comprise the entire agreement between HiWAAY and the Member. The Service Agreement for your Service (linked from http://www.HiWAAY.net/terms/) describes additional terms and conditions particular to the Service you have purchased. Together, the Terms and Conditions and applicable Service Agreement are hereinafter referred to as the “Agreement.”

B. You understand and agree that HiWAAY may revise, discontinue or modify any and all aspects of the Service in its sole discretion and without prior notice.

C. You agree that by using the Service you represent that you are at least eighteen (18) years old and that you are legally able to enter into this agreement under the laws of the state of Alabama. You further agree to provide HiWAAY with an accurate and complete legal name, address, telephone number, and other information that may be required for your Service. You understand that if you fail to provide HiWAAY with accurate information your Service may be terminated immediately.

D. You understand and agree that your use of the Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations and you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability, legality or usefulness of any Content available to you on or through the Service. You further agree that neither HiWAAY nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Service.

E. You understand and agree that you will be the only user of your account or Service username and password. You further agree that you will not disclose either your account or Service ID or password to any other person (except that you may at your own risk and on your own responsibility permit other members of your family or business associates to access the Service using your username and password), and that you will be responsible for all usage of the Service and any other services accessed through the Service using your username and password whether or not authorized by you.

F. You understand and agree NOT to post or transmit in any way, any content or data capable of being posted or transmitted on or through the Internet that is in violation of any applicable law of the United States or elsewhere. You also agree to NOT post or transmit fraudulent content nor false, deceptive, or misleading advertising or promotional materials. You further agree to NOT post or transmit or sponsor any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals, or entities, except in those areas that are designated for such a purpose. You also agree that HiWAAY has the right, but not the obligation, to remove or block access to, either permanently or temporarily, any content or data which HiWAAY, in its sole discretion, determines to be in violation of this Agreement, the Digital Millennium Copyright Act or any other applicable laws and regulations.

G. You understand and agree NOT to abuse in any way nor attempt to access any of HiWAAY’s systems and services by unauthorized means.

H. You understand and agree that HiWAAY has the right, but not the obligation, to monitor or disclose the contents of any private communication, if HiWAAY, in its sole discretion, reasonably believes that such action is necessary:

(i) to comply with applicable law or valid legal process;

(ii) to protect HiWAAY rights or property;

(iii) in emergencies when a person’s physical safety is at issue;

(iv) to research network abuse complaints; or

(v) to protect HiWAAY’s network infrastructure. You further agree that HiWAAY reserves the right to disclose the identity of a member to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.

I. All product and service marks contained on or associated with the Service that are not HiWAAY marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply HiWAAY’s endorsement, sponsorship or recommendation of the third party, information, product or service. You agree that use of third party information, products or services is done so at your own risk.

II. ACCOUNT CHARGES.

A. You understand and agree that all payment for Service is due on receipt of your bill. If your balance remains unpaid by the payment due date each month, you’ll be billed a late charge of 5% of the balance past due or $5, whichever is greater. This fee will be applied on the day after the payment due date. It will be applied each month until the overdue amount is paid.

If your account becomes past due, in addition to owing late fees, your account may be suspended for non-payment, and you may be responsible for collection and related legal costs. For accounts more than 180 days past due, actions may include referring your account to a third-party collection agent. We may report information about your account to credit bureaus, so late payments, missed payments, or other defaults on your account may be reflected in your credit report.

B. You agree that all charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than thirty (30) days old.

C. You agree that if you pay by credit or debit card you provide HiWAAY with a valid credit or debit card number and other specified account information from the card issuer. You authorize HiWAAY to automatically charge the credit or debit card account number associated with your account for any Service charges that accrue from month to month. This authorization will remain valid until you terminate your authorization in writing. HiWAAY is not responsible for any penalty charges or expenses resulting from charges billed by HiWAAY.

D. You understand and agree that if your account is unpaid within thirty (30) days from the invoice date or due to reversals of payments, declined credit cards or debit cards, returned instruments or any other non-payment of account charges, your account will be in default. You agree HiWAAY reserves the right to block or terminate any account that is in default. You further agree if your account is in default, you will pay HiWAAY its reasonable expenses, including any returned check fees, attorneys’ fees and collection agency fees incurred in enforcing HiWAAY’s rights under this Agreement.

III. TERMINATION.

A. You understand and agree that HiWAAY retains the right to terminate your Service for any reason with 30 days prior notice.

B. You also understand and agree that HiWAAY retains the right, but not the obligation, to restrict or terminate your Service at any time with or without notice, if HiWAAY, in its sole discretion, determines that you are in violation of this Agreement, a Service’s Service Agreement or for non-payment or other default. You agree that HiWAAY will have no liability to you for any restriction or termination of your Service.

C. You may terminate your Service at any time by providing notice of intent to terminate to HiWAAY according to the following policies:

(i) With the exceptions of dial-up, DSL and ISDN, ALL Business Internet access Services require a minimum of 30 days prior written notice for cancellation signed by an authorized person representing your company sent by postal mail addressed to HiWAAY Information Services, Inc., 2705 Artie St., Bldg 500, Ste 37, Huntsville, Alabama 35805; or by fax to: 256-650-4986, marked Attn: Corporate Sales, Cancellation. Cancellation requests must specify the specific product or Service you wish to cancel and the requested termination date.

(ii) Business Services not covered by the above or by additional termination provisions in the Service’s particular Service Agreement, may terminate service with a written request signed by an authorized person representing your company sent by postal mail addressed to HiWAAY Information Services, Inc., 2705 Artie St., Bldg. 500, Ste 37, Huntsville, Alabama 35805; or by fax to: 256-650-4986, marked Attn: Corporate Sales, Cancellation. Cancellation requests must specify the specific product or service you wish to cancel and the requested termination date.

(iii) Residential customers may terminate monthly subscription-based services by calling Support, or through HiWAAY’s Account Service Center, cp.hiwaay.net/asc/. Only the person named on the Service shall have the right to change user identification(s) and/or password(s) for the Service, and/or cancel an existing Service.

(iv) You agree that if you cancel a term agreement prior to the end of the term, the balance of said term and any applicable cancellation fees will be due upon cancellation.

(v) All term agreements of 12, 24, or 36 months shall automatically renew for 12 months upon expiration of the term, unless HiWAAY receives customer cancellation written notice at least 30 days before term expiration date.

(vi) All cancellations take place on the 1st of every month. Cancellations submitted after the 28th day of the month will take place the next billing month, whereby you will be billed for one additional month of Service.

D. You agree that your only right with respect to any dissatisfaction with

(i) any agreement term, policy, or practice of HiWAAY in operating the Internet Service,

(ii) any Content available on or through the Internet Service or change therein, or

(iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph (a) of this Section.

E. You agree and understand that (i) cancelled Services will be terminated by HiWAAY no later than the last full business day of the month in which the Service is cancelled. (ii) You further agree and understand that HiWAAY has the right, but not the obligation, to delete all program, data, or other files on HiWAAY’s computer servers and to disconnect any Internet or other network connections associated with your Service at the time of termination without further notice to you.

IV. COPYRIGHT AND USE OF INFORMATION, MATERIALS AND MARKS.

A. You may use, copy and distribute materials found on the Service for noncommercial, internal informational use only. All copies you make of this material must bear the copyright, trademark or other proprietary notices, pertaining to the copied material. Except as authorized above, you are not granted licenses or rights to the material described therein. All such rights are retained by HiWAAY, its affiliates and/or any third party owner of such rights.

B. HiWAAY logos, company names and all related product and service names, marks and slogans are the property of HiWAAY or its affiliates. You are not authorized to use any HiWAAY name, mark or other HiWAAY copyrighted material in any advertising, publicity or in any other commercial manner without the prior written consent of HiWAAY.

C. All data, feedback, answers, questions, comments, suggestions, ideas or the like, which you send to HiWAAY will be treated as non-confidential and nonproprietary. HiWAAY is under no obligation to protect this information from disclosure and further, will be free to reproduce, use, and distribute the information to others without restriction. HiWAAY is also free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever. HiWAAY reserves the right to market to you, as a subscriber, other HiWAAY products and services.

D. You further understand and agree that HiWAAY’s intellectual property items such as usernames, passwords, IP addresses, URLs (Uniform Resource Locators), domain names and email addresses that are provided for your use in connection with the Service are HiWAAY’s property, and HiWAAY may alter or replace them at any time.

E. You agree that by posting, transmitting or otherwise distributing material to any public area, to the extent that such material is subject to any Rights of yours or a third party, you automatically

(i) grant, and/or represent that owner of any such material has expressly authorized you to grant, HiWAAY a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or

(ii) represent that the publication, distribution, performance and display of such material (in whole or in part) by HiWAAY, is otherwise authorized by law.

V. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

In addition to the disclaimer of warranties and limitation of liability contained in your service agreement, the following disclaimer of warranties and limitation of liability apply:

A. You assume full responsibility and risk for use of the service and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.

B. The service is provided on an “as is” and “as available” basis. HiWAAY does not warrant that any of the products will be uninterrupted, error-free, or free of viruses or other harmful components. HiWAAY makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information, or service provided through the products or the Internet generally. No advice or information given by HiWAAY or its representatives shall create a warranty. HiWAAY and its agents and employees are not liable for any costs or damages arising directly or indirectly from your use of the products or the Internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, HiWAAY’s cumulative liability to any member for any and all claims relating to the use of any of the products shall not exceed the total amount of service fees paid during a one-month period. Except to the extent that such disclaimers are expressly prohibited by law, HiWAAY disclaims any and all loss, damage or liability arising out of or relating to your use of the products, including, but not limited to, any loss, damage or liability relating to:

(a) loss or corruption of data;

(b) loss of or damage to software or hardware;

(d) computer viruses;

(e) non-delivery or mis-delivery of data;

(f) the negligent acts and/or omissions of HiWAAY or HiWAAY members;

(g) any defects, failures, errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Internet service; and

(h) loss or liability resulting from acts beyond HiWAAY’s control.

C. Your rights and HiWAAY’s responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by HiWAAY to govern the use of the Service.

VI. INDEMNIFICATION.

A. You agree to defend, release, indemnify, and hold HiWAAY, its affiliated companies and licensors, and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Service.

B. You agree that HiWAAY has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph (A) of this Section. In such event, you shall have no further obligations pursuant to Paragraph (A) of this Section.

VII. MISCELLANEOUS.

A. You agree that this Agreement comprises the entire understanding between HiWAAY and you, and supersedes any prior agreements or correspondence between you and HiWAAY and/or any prior postings or other notices from HiWAAY with respect to the subject matter of this Agreement.

B. You agree that any controversy or claim arising out of or relating to this Agreement or breach thereof shall be settled by final and binding arbitration in Huntsville, Alabama, in accordance with the rules then in effect of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction. In reaching a decision, the arbitrator shall have no authority to change or modify any provision of this Agreement, including, without limitation, the liquidated damages provisions. Notwithstanding the rules then in effect of the American Arbitration Association, if only one arbitrator is appointed, then the arbitrator shall, in all cases, be an attorney-at-law, or if more than one arbitrator is appointed, then at least one of the arbitrators shall be an attorney-at-law.

C. The Service is offered without regard to race, color, religion, disability, national origin, gender, age, sexual orientation, marital or veteran status, or any other legally protected status.

D. This Agreement is governed by the laws of the State of Alabama, without regard to principles concerning choice of law. You agree that proper venue for any action arising out of or in connection with this Agreement shall be Madison County, Alabama, or if such action is brought in federal court, the Northern District of Alabama.

E. You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.

F. HiWAAY may revise, amend, or modify this Agreement, its billing rates and account surcharges, the Service, and any other user policies and agreements. All revisions, amendments, or modifications will be posted on HiWAAY’s Website (https://www.hiwaay.net/about/terms/index.cgi). You agree that by continuing to use the Service following any revision to the Terms and Conditions, the Service Agreements, HiWAAY’s billing rates, HiWAAY’s account surcharges, the Service, or any other user policies or agreements, you accept any such revisions and agree to abide by any such revisions. If any revision to this Agreement, HiWAAY’s billing rates, HiWAAY’s account surcharges, the Service, or any other user policies or agreements, is unacceptable to you, you may terminate your service as specified under these terms and under the additional cancellation terms specified for your Service(s).

Rev. 11/19/2010

Product Specific Terms and Agreements

AnteSpam Service Agreement

I. INTRODUCTION. HiWAAY Information Services, Inc. (dba HiWAAY Internet Services) (the “HiWAAY”) will provide to you, (a “Subscriber”), AnteSpam Email Security Services (“AnteSpam” is owned and maintained by Ironic Designs, Inc.) for your domain as described below (the “Service”). By purchasing and continuing use of the Service, you agree to be bound by and to use the Service in compliance with this Agreement and the Terms and Conditions, as each are amended from time to time. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Service. If you are a current subscriber and do not agree with these conditions, you must terminate your use of the Service as provided under HiWAAY’s Terms and Conditions and this Service Agreement.

II. SUBSCRIBER REQUIREMENTS. The Service does not include Internet access, domain or email hosting. You are solely responsible for obtaining access to the Internet, domain or email hosting, whether through HiWAAY or another provider. Current prices for HiWAAY’s Services are posted on HiWAAY’s Web site at http://www.hiwaay.net (the “Web site”) or may be obtained by calling your HiWAAY Corporate Sales Representative at (888) 244-9229 or (256) 650-4900 (“Sales”).

III. HiWAAY’S OBLIGATIONS. A. HiWAAY will provide you with the Service to filter and restrict email sent to your domain. The service level you have purchased determines the number of email addresses that may be filtered and other limits and available options. B. HiWAAY will provide Technical Support for using AnteSpam. C. The Service is provided as is and HiWAAY in no way guarantees all unwanted email will be filtered by the Service. D. The Email Backup option only backs up email sent through the AnteSpam servers. Outgoing email and email not received via the AnteSpam servers is not backed up. Backed up is stored only for the time period purchased.

IV. CUSTOMER RESPONSIBILITIES. A. You understand and agree that violation of the Terms and Conditions and of this Service Agreement may result in your account being disabled by HiWAAY without prior notice or warning. B. You understand and agree that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. C. You understand and agree that to use the Service, you must have a valid Internet domain that can receive email and access to an Internet email server (whether purchased through HiWAAY or another provider). D. You further understand and agree that to manage the Service, you must have Internet access (whether purchased through HiWAAY or another provider) and equipment and software needed to use the Internet and the World Wide Web. E. You understand and agree that HiWAAY is not responsible or liable for any loss or damages, alleged or otherwise, to you or your computers, network, data, business, or any distress that might result from any email lost during the use of the Service. F. You further understand and agree that HiWAAY is not responsible or liable for any loss or damages, alleged or otherwise, to your or your computers, network, data, business, or any distress that might result from any email not filtered by the Service.

V. TERMINATION OF AGREEMENT. Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and to terminate your account based on the guidelines referenced in the Terms and Conditions.

VI. MISCELLANEOUS. This Agreement, the Terms and Conditions and HiWAAY’s other user policies posted on its web site constitute the entire agreement between you and HiWAAY with respect to your use of the Services. HiWAAY may revise, amend, or modify this Agreement, the Terms and Conditions, and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be handled as referenced in the Terms and Conditions.

Rev. 04/12/2011

Domain Registration Service Agreement

DOMAIN REGISTRATION SERVICE AGREEMENT

1. AGREEMENT. In this Registration Agreement (“Agreement”) “you” and “your” refer to you, the customer, “we”, us” and “our” refer to Tucows.com Inc. and “Services” refers to the domain name registration provided by us as offered through HiWAAY Internet Services, the Registration Service Provider (“RSP”). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither the registration of the SLD (second level domain) name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.

3. FEES. As consideration for the services you have selected, you agree to pay to your respective RSP who remits payment to us on your behalf, the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). You, by completing and submitting this Agreement represent that the statements in your application are true.

4. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy.

8. DOMAIN NAME DISPUTES. 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 specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.

9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name.

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).

11. ANNOUNCEMENTS. We and the RSP reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

15. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

16. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

i) Your name and postal address (or, if different, that of the domain name holder); ii) The domain name being registered iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name. iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your RSP.

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and the applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

25. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us or to the RSP to lhutz@Tucows.com or domains@hiwaay.net or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to the RSP shall be sent to:

Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1 and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

28. INFANCY. You attest that you are of legal age to enter into this Agreement.

29. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Hosting Service Agreement

I. INTRODUCTION. HiWAAY Information Services, Inc. (dba HiWAAY Internet Services) (the “HiWAAY”) will provide to you, (a “Subscriber”), Web Hosting Services for your web site to reside on our web servers as described below (the “Service”). By purchasing and continuing use of the Service, you agree to be bound by and to use the Service in compliance with this Agreement and the Terms and Conditions, as each are amended from time to time. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Service. If you are a current subscriber and do not agree with these conditions, you must terminate your use of the Service as provided under HiWAAY’s Terms and Conditions and this Service Agreement.

II. SUBSCRIBER REQUIREMENTS. The Service does not include Internet access. You are solely responsible for the design, development, publishing and maintenance for your web site and for obtaining access to the Internet, whether through HiWAAY or another provider. Current prices for HiWAAY’s Services are posted on HiWAAY’s Web site at http://www.hiwaay.net (the “Web site”) or may be obtained by calling your HiWAAY Corporate Sales Representative at (888) 244-9229 or (256) 650-4900 (“Sales”).

III. HiWAAY’S OBLIGATIONS. A. HiWAAY will provide you with: (a) web-hosting and (b) email services on a HiWAAY server. The service type you have purchased determines disk quotas and other limits and available options. B. HiWAAY does not provide PCI compliant hosting on shared web hosting servers nor does HiWAAY provide PCI compliance scans or certifications. C. HiWAAY respects its subscribers’ privacy and does not randomly filter, monitor or disclose the contents of private email or other private communications. However, HiWAAY will, under appropriate circumstances, disclose the identity of a subscriber to third parties in response to a valid legal subpoena and will otherwise cooperate with legitimate police inquiries and lawful civil proceedings.

IV. CUSTOMER RESPONSIBILITIES. A. You understand and agree that violation of the Terms and Conditions may result in your account and web site being blocked by HiWAAY without prior notice or warning. B. You are solely responsible for the registration of your domain name and for any registration fees charged by the registrar of your domain name. C. All sites hosted through HiWAAY’s servers must comply with Copyright laws as well as the stipulations specified in the Terms and Conditions and the DMCA. D. Making your site compatible with our servers is your responsibility. Certain programming languages or operating systems may not be used or supported on HiWAAY’s web servers. It is your responsibility to edit your web site to fit the Service you purchase. E. Uploading your site to the web servers is your responsibility. HiWAAY accepts no responsibility for moving your web site files to or from another Service Provider or to or from another computer or server. You may contract for these services under separate arrangements. Contact Sales regarding the types of consulting services available

Rev. 02/14/2011

Policies

Digital Millennium Copyright Act

HiWAAY is committed to complying with U.S. copyright law and expects all end users who access some of our Services but do not have accounts (“Visitors”) as well as those who pay a monthly service fee to subscribe to the Services (“Members”) to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet Service Provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, HiWAAY will remove or block access to the allegedly infringing material. If a Member or user of the HiWAAY Service believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counternotice to HiWAAY. HiWAAY will not be a party to disputes over alleged copyright infringement.

Notification of Claimed Copyright Infringement

If you believe that a web page hosted by HiWAAY is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with HiWAAY’s designated agent in the manner described below.

By Mail:
HiWAAY Information Services, Inc.
2705 Artie St., Bldg 500, Ste 37
Huntsville, Alabama 35805
By telephone: (256) 650-4900
By email: abuse@hiwaay.net

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit HiWAAY to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Counternotification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counternotification with HiWAAY’s designated agent at the address listed above. Such counternotification must contain the following information:

A physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

If HiWAAY receives a valid counternotification, the DMCA provides that the removed material will be restored, or access re-enabled.

Please be advised that U.S. copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement.

HiWAAY’s 5-Point Anti-Spam Policy

1. HiWAAY never sells your email address to anyone for any reason. That does not mean that spammers won’t figure out your email address, because there are a great many ways to find valid email addresses. However, you can rest assured we never reveal your address to spammers.

2. HiWAAY maintains automated filters that attempt to block spam before it enters our systems. These filters do not operate based upon content, but rather upon objective criteria that typically characterize spam. They are not perfect, some spam does get through, but overall they allow us to reject a significant amount of spam. Our policy is proactive because our subscribers do not need to take special action to block spam, it’s done automatically.

3. HiWAAY offers an optional content filter on individual mailboxes. This filter, known as AnteSpam, can sideline specific messages, which have been previously identified as spam based on the content of the message. The owner of the mailbox may view these messages seperately and choose to redirect the mail or they may choose to ignore all messages identified as spam. AnteSpam filtering may be disabled on a user selectable basis.

4. HiWAAY’s email gateway cannot be used as an unwitting accomplice to propagating spam. Our SMTP gateways will not allow “relay” of email originating from outside our domain to other addresses that are also outside our domain. Thus, email transiting HiWAAY must either originate from our subscribers or be addressed to our subscribers, to pass through our system. This has had no detrimental effect on our services to our subscribers, but does help protect our resources from being used to broadcast spam to the Internet.

5. HiWAAY has a near “zero tolerance” for spam originating from our domain, terminating the account of any subscriber who creates outbound spam using our resources. Our Terms & Conditions do not allow our subscribers to issue spam from our domain. Spam originating from HiWAAY is especially troublesome. It can result in other Internet domains or backbones blocking the HiWAAY domain from access to their systems if we do not take actions to prevent spam from entering their systems. On average, HiWAAY terminates the account of one or two subscribers every month for originating spam from within our domain.

Privacy Policy

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how HiWAAY Internet Services collects information from all end users of HiWAAY’s services (the “Services”)–those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay a monthly service fee to subscribe to the Service (“Members”)–what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information. HiWAAY requests that you read this Privacy Policy carefully.

Personal Information HiWAAY Collects and How It Is Used

Introduction – HiWAAY collects information in different ways from Visitors and Members who access the various parts of our Services and the network of web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.

Registration – Members are asked to provide certain personal information when they sign up for our Services, including such information as name, address, telephone number, billing information (such as a credit card number), and/or the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.

HiWAAY may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

HiWAAY Partners and Sponsors – Some HiWAAY products and services are offered to Visitors and Members in conjunction with a non-affiliated partner. For example, we outsource the provision of stock quotes and operation of your stock portfolio (accessible through your Personal Start Page) to a third-party vendor. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. Additionally, many HiWAAY Members have co-branded Personal Start Pages that are cosponsored by non-affiliated partners. HiWAAY will share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

Online Shopping – At some web sites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. HiWAAY has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so.

If you order products directly from HiWAAY, such as through the “HiWAAY Store,” we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.

Online Advertisements – HiWAAY may display online advertisements. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process, as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. HiWAAY does not share personal information about its Visitors or Members with these advertisers.

Responses to Email Inquiries – When Visitors or Members send email inquiries to HiWAAY, the return email address is used to answer the email inquiry we receive. HiWAAY does not use the return email address for any other purpose and does not share the return email address with any third party.

Voluntary Customer Surveys – We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if a third party conducts the survey. Participation in our customer surveys is voluntary.

We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other HiWAAY customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

Special Cases – It is HiWAAY’s policy not to use or share the personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, HiWAAY may disclose personal information about Visitors or Members, or information regarding your use of the Services or web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our terms and conditions, service agreements, or other user policies; to operate the Services properly; or to protect HiWAAY and our Members.

“Cookies” and How HiWAAY Uses Them – A “cookie” is a small data file that can be placed on your hard drive when you visit certain web sites. HiWAAY may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. If you are a Member and have created your own Personal Start Page, we will use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information. Additionally, be aware that if you visit non-HiWAAY web sites where you are prompted to log in or that are customizable, you may be required to accept cookies.

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

HiWAAY’s Commitment to Children’s Privacy – Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.

HiWAAY recommends that children ask a parent for permission before sending personal information to HiWAAY, or to anyone else online.

Public Forums – Please remember that any information you may disclose in our Member Directory, or other public areas of our web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

HiWAAY’s Commitment to Data Security – Services and web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party entities from illegally obtaining this information.

How to Access or Modify Your Information – HiWAAY offers Members the opportunity to access or modify information provided during registration. To access or modify such information, visit the Account Service Center online from the home page at http://www.hiwaay.net or contact Customer Support at (888) 244-9229.

Where to Direct Questions About HiWAAY’s Privacy Policy – If you have any questions about this Privacy Policy or the practices described herein, you may contact:

Customer Service
HiWAAY Information Services, Inc.
2705 Artie St., Bldg 500, Ste 37
Huntsville, Alabama 35805
support@HiWAAY.net

Revisions to This Policy HiWAAY – reserves the right to revise, amend, or modify this policy, our Dial-up Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Dial-up Internet Service Agreement.

Rev. 02/20/14

Terms and Policies.