This website www.isourcedesign.com, www.isourcedesign.ca, my.isourcedesign.com ('the Website', 'our Website') is owned and operated by iSource Design, a business located in Canada and having its registered office address at 39-1470 Road 21 West, Winkler, Manitoba, R6W 1H7, Canada ('iSource Design' 'our', 'we' or 'us').
iSource Design aims to provide a range of services to our customers that include but are not limited to website design, website maintenance/updates, content management system installation and setup, search engine optimization and shared website hosting (branded as "Personal Web Hosting" and "Business Web Hosting").
In order to maintain our system integrity and resources we expect our customers to act responsible.
iSource Design reserves the right to manage its system and network resources utilized by each website, and to make whatever changes necessary to ensure optimum performance for all of our customers.
iSource Design reserves the right to immediately cancel any hosting account at any time and without notice if it poses an immediate threat to the network, servers, or us, including our reputation, integrity, and security.
iSource Design reserves the right to monitor the content of your iSource Design hosted website and to require that you remove content which iSource Design, in its sole discretion, determines to be illegal, harmful or offensive.
You are prohibited from posting or transmitting any data, message, image, information or program ("a file") which is indecent, pornographic or obscene. You are prohibited from posting or transmitting a file which is defamatory, libelous or which discloses private or personal matters concerning any individual.
You are prohibited from posting or transmitting a file which contains viruses, 'Trojan Horses', worms or any other destructive or contaminating features.
You are prohibited from using the Service for the purpose of conducting or for the purpose of soliciting any activity considered to be illegal. iSource Design reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate action.
iSource Design reserves the right to make changes to the Service that may necessitate a change to your website address (url) or files and/or scripts. Such changes to the Service include, without limitation, changes to servers supporting the Service, the software and/or versions that are operated on those servers, or a change to the domain associated with the Service. In no event will iSource Design be liable to you for any loss or expense incurred by you if your website address (url), files or scripts are required to change because of a change by iSource Design to the Service, including without limitation, any expense incurred by you for services required to update or upgrade the url, files and scripts, new stationary or advertising materials.
You are prohibited from interfering with other users of the Service. You are prohibited from accessing illegally or without authorization computers, accounts or networks belonging to iSource Design or to any other party, or attempting to penetrate security measures of iSource Design’s or any other party’s systems (often known as "hacking" or "cracking"). Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is also prohibited.
You are prohibited from posting or transmitting a file that would infringe upon the rights of others including without limitation, trademarks or service marks, confidential proprietary information, and copyrighted materials.
You are prohibited from using iSource Design’s network as a means to transmit or post, defamatory, harassing, abusing, or threatening material, data, information or content of any kind.
You are prohibited from sending unsolicited emails (spam), from any of our servers, using an email address or domain that is maintained on our server as a reference, and from forging or misrepresenting message headers, whether in whole, or in part, to mask the originator of the message. iSource Design will be the sole arbiter as to what constitutes a violation of this provision.
All software provided with the Service or as a component of the Service is provided on an "as is" basis without any warranty or condition of any kind, including without limitation, any warranty or representation that such software will perform to any particular standard or be free from bugs, errors or remain unaffected by computer viruses or other similar features affecting performance of such software. All such warranties and conditions, express or implied are expressly disclaimed, including any warranty or condition of merchantability or fitness for a particular purpose.
You are prohibited from offering this Service, with or without charge, to any other entity (regardless of whether or not value is added to the Service).
iSource Design makes no representation or warranty that the Service will be uninterrupted or error free. You agree that your usage of the Service will not exceed the total megabyte storage limit or total bandwidth limit associated with your Service package. If you exceed either of these limits you will be upgraded to the next highest package level to accommodate your usage. Going forward, your charges for the upgrade in package level will be adjusted accordingly.
You are prohibited from installing your own Internet Relay Chat functionality (e-chat rooms) in conjunction with or as part of the Service provided by iSource Design to you in conjunction with your account.
From time to time maintenance is performed to the services iSource Design provides. During such times any or all of the Service may be unavailable. iSource Design has the right for emergency maintenance window at any time, during which time the Service may be unavailable.
You have no real property interest in any equipment space provided to you by iSource Design, and any such provision of equipment space grants you only a license to occupy the equipment space. Payment by you for the equipment space does not create or vest in you (or in any other party) any leasehold estate, easement, ownership interest, lien, or other proprietary right or interest of any nature in any part of iSource Design’s premises or facilities including the equipment space.
iSource Design allows you the ability to run command scripts (CGIs) which allow you to administer and maintain your own website/space. You are not permitted to use the CGI scripts to cause degradation to the equipment, facilities or network. iSource Design reserves the right to have you remove any scripts which iSource Design, in its sole discretion, determines to be harmful to the equipment, facilities or network. You are responsible for any and all damages that your CGI scripts cause. iSource Design may remove any scripts immediately upon identification of any problems caused by them.
iSource Design does not represent, warrant, guarantee or offer any warranty, condition or promise that the Service is secure or will not be breached or compromised, including without limitation, breach or compromise by a third party. Any and all such representations, warranties or conditions are specifically disclaimed. iSource Design will not be liable to the Customer or user of the Service or any third party for any claim, loss or damage of any kind whatsoever, whether direct or indirect, arising or resulting from, or directly or indirectly related to the Service not providing a secure environment for users of the Service or the Service environment being breached or compromised, whether or not any such loss, claim or damage was reasonably foreseeable or not.
iSource Design does not warrant, represent or guarantee in any way that the Customer or any users of the Service or any third party will not be exposed to or affected by computer viruses, trojan horses, worms or any other destructive devices such as malicious code designed to attack computers or applications. Any and all such representations, warranties or conditions are specifically disclaimed. iSource Design will not be liable to the Customer or any user of the Service or any third party for any claim, loss or damage of any kind whatsoever, whether direct or indirect, arising or resulting from, or directly or indirectly related to the Customer, any user of the Service or any third party being in any way exposed to, or affected by, a computer virus, trojan horse, worm or other malicious code, while using or having used the Service or the Customer’s application being hosted by the Service, whether any such loss, claim or damage was reasonably foreseeable or not.
Without in any way limiting the previous two paragraphs, iSource Design will not be liable for any claims or damages, direct or indirect, incidental, special or consequential which include but are not limited to, damages for loss of profits, business interruption or loss of information arising from the use or inability to use the Service, whether such claims or damages are based in contract or in tort, including negligence or based upon any other theory or liability or cause of action, whether any such claims or damages were reasonably foreseeable by iSource Design or not.
No party will be regarded as being in breach of any obligation under this Agreement where its failure to perform is a result of circumstances beyond its reasonable control, including, without limiting the generality of the foregoing, acts of God, shortages of material or labour, delays in transportation, delays in or lack of telecommunication facilities, riot, war, civil insurrection, or acts of the enemies of the lawful government. The party so prevented from performing covenants will use reasonable efforts to perform its obligations under this Agreement as soon as the effect of the force majeure has ceased.
This Agreement shall not be assignable by you without the written consent of iSource Design. The terms or conditions of this Agreement may be changed by the written mutual consent of both parties. In the event that a court deems a clause of this agreement to be in violation of any applicable law, then that clause will be removed and the remainder of this agreement remains intact.