Terms & Conditions

1. General

These Terms and Conditions (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by SeanCo Development Ltd. (“SeanCo”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between SeanCo and the individual or entity who subscribes to our service (“Member”, “Members”, “Clients”or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. SeanCo may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that SeanCo believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

SeanCo may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: http://www.seanco.ca/terms/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

2. Services

SeanCo offers Clients domain name registration, website hosting, SSL certificates and email hosting services for the duration of the service term purchased from SeanCo.

Services are provided on the basis of facility and equipment availability. SeanCo reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.

Access to the web and email servers is terminated upon expiry of the Service.

3. Web Hosting

SeanCo is currently offering the following hosting plans (“Current Plans”):

• Starter Hosting
• Bronze Hosting
• Silver Hosting
• Gold Hosting
• Platinum Hosting

Hosting plans that are not listed above (“Legacy Plans”) will no longer be offered for new applications or for plan change requests.

All SeanCo web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Member has recently setup their account with SeanCo. The “Coming Soon” default index web page may be removed by the Member at any time once they have access to the web server. The “Coming Soon” web page may include such things as, but without limitation to, the following:

• Links to additional products and services offered by SeanCo.
• Advertisements for products and services offered by third-parties.
• An internet search engine interface.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default SeanCo error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:

• Links to additional products and services offered by SeanCo.
• Advertisements for products and services offered by third-parties.
• An internet search engine interface.

Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through SeanCo's client management console. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.

All SeanCo web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in SeanCo's client management console. SeanCo is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.

4. Email

SeanCo’s email service provides customers with the capability to send and receive email via the Internet. SeanCo retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems. The maximum outgoing message count is 50 per hour before e-mails are added to a queue for the proceeding hour(s).

As an owner and operator of the equipment and other resources utilized to provide services, SeanCo has the legal right to block electronic communications from other entities on the Internet.

5. SeanCo Hosted Applications

As part of the Service, SeanCo may provide its Members with access to the SeanCo Development CMS solution.

Members shall abide by the terms and conditions set in this Agreement. The SeanCo Development CMS solution is developed and owned by SeanCo, and any reproduction, modification, creation of derivative works from or redistribution of the Software is prohibited.

SeanCo reserves the right to monitor, modify or disable any published or in-use proprietary CMS solutions with or without notice. SeanCo may request Members to, or on Members’ behalf, re-publish any published or in-use proprietary CMS solutions as part of SeanCo’s regular application maintenance routine.

SeanCo reserves the right to modify or terminate the SeanCo Development CMS solution at any time for any reason, with or without notice, without liability to you, the users of the applications or any third party.

6. Security Certificates (SSL)

SeanCo offers top-level and high quality SSL certificates and renewal services in partnership with Comodo Group. SeanCo processes registration and renewal services through these respective registrars at its discretion. All certificates retain a minimum $250,000 US trusted warranty.

You acknowledge and agree that you may be required to indentify your domain name ownership and business ownership for premium level certificates and EV certificates purchased through SeanCo.

Security certificates (SSL) which have opted in to the Automatic Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 45 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Renewal service via SeanCo's client management console.

7. Domain Name Registration

SeanCo offers domain name registration and renewal services in partnership with ICANN accredited registrars In2net Network Inc, Tucows, and Network Solutions. SeanCo processes registration and renewal services through these respective registrars at its discretion.

You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. SeanCo is authorized to deny any such transfer requests.

You acknowledge and agree that SeanCo may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.

Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 45 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via SeanCo's client management console.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.

Members who wish to transfer their domain name registration to another domain name registrar while the registration is expired are subject to a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.

SeanCo offers a wide range of regional domain names, and the Member hereby understands that additional authorization may be required for particular country oriented domain names.

8. Service Fees / Payments / Invoices

All SeanCo fees and charges are quoted and billed in Canadian Dollars unless otherwise noted.

SeanCo uses an automated payment processing system and only accepts credit card payments at this time. All Members are required to provide SeanCo with valid a credit card number for the processing of any applicable service fees.

SeanCo may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Services provided to Members who have listed a Canadian address are subject to applicable taxes.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Invoices for all SeanCo services can be found by logging into SeanCo's client management console.

Billing inquiries and disputes should be brought to SeanCo’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, SeanCo reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 2 weeks of the due date.

9. Termination / Plan Change / Refund Policy

SeanCo may terminate your Service under the following circumstances (non-exclusive list):

• Non-payment of fees
• You are in breach of any term or condition of this Agreement
• Your use of the Service disrupts SeanCo business operations or affects any other party

All Member data is removed from SeanCo's servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Support page of our website: http://www.seanco.ca/contact/

SeanCo does not provide or issue refunds for services purchased, including hosting payments, domain name registrations and security certificates. All sales of these services are final upon payment being received.

Domain name registrations and security certificates, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.

10. Member Responsibility

When you apply to use SeanCo services, you will be asked to select a Member ID and Password. The Member ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and Password you select from any unauthorized use. IN NO EVENT WILL SEANCO BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.

Members are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in SeanCo's client management console.

11. Prohibited Conduct

SeanCo does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through the SeanCo network or promoting information on websites hosted by SeanCo will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content and behavior prohibited by the Service:

• Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a SeanCo account will result in immediate account suspension.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any SeanCo service, solution or technology.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

12. Notices

You agree that, unless other instructions are posted on SeanCo's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for SeanCo posted on the SeanCo website. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission.

13. Privacy

The SeanCo Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information. The SeanCo Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.seanco.ca/privacy/

Email newsletters will only be sent directly by SeanCo. Member information will not be disclosed or sold to any third parties.

14. Reservation of Rights

SeanCo reserves the right and sole discretion to:

• Censor any website hosted on its servers that is deemed inappropriate.
• Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
• Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against SeanCo or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
• Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that SeanCo determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
• Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

15. Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. SeanCo makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. SeanCo is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by SeanCo.

In no event will SeanCo be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

SeanCo, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall SeanCo be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

16. Indemnification

You agree to indemnify and hold SeanCo harmless from and against, and to reimburse SeanCo with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by SeanCo by reason of or arising out of or in connection with:

• Any breach of this Agreement by you.
• Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
• Illegal, pornographic, or discriminatory content on your website.

17. Force Majeure

SeanCo will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

18. Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

19. Governing Law

The rights and obligations of the parties pursuant to this Agreement is governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

20. Age of Majority

SeanCo does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

21. Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.