1. General

BHWebServices.ca and Bruce Hare Web Design is owned and operated by Bruce M Hare.  This Agreement explains the terms and conditions governing your use of the services made available to you by Bruce Hare Web Design, hereinafter called "Bruce Hare Web Design" or "We". It represents the whole agreement and understanding between Bruce Hare Web Design and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you" or "Customer" or "customer" or "Client" or "client". This document is referred to as the "Agreement".

PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Bruce Hare Web Design may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Bruce Hare Web Design believes is harmful to the business of Bruce Hare Web Design or the use of the Service by others or is harmful to any other party.

Bruce Hare Web Design reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://bhwebservices.ca/services/design/64.html. 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

Bruce Hare Web Design provides web development and design services only. Bruce Hare Web Design does not provide email, hosting or domain name registration services but can, on customer request, arrange for same through a Third-Party Vendor. Responsibility for email accounts and maintenance of email accounts, hosting and hosting renewal and domain registration and domain renewal rests solely with the customer. It is the responsibility of the customer to comply with all the terms and conditions of any Third-Party Vendor used for hosting and hosting renewal, email, and domain name registration and renewal.

Access to the web and email server space is managed separately as part of any hosting and domain name registration process through an independent hosting and domain registration Third-Party Vendor or individual as arranged by the customer or on behalf of the customer by Bruce Hare Web Design on consent of the customer.

Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason.

3. Applications

As part of the Service, Bruce Hare Web Design may provide its Members with access to Third-Party Applications.  Customer shall abide by all terms and conditions of the Agreement of the Third-Party Vendor of any such application.

Bruce Hare Web Design reserves the right to monitor, modify or disable any published or in-use Third-Party Applications, without any notice. Bruce Hare Web Design may request Member to re-publish any published or in-use Applications as part of Bruce Hare Web Design's regular application maintenance routine.

Bruce Hare Web Design reserves the right to modify or terminate any Third-Party Applications at any time for any reason, and without notice, without liability to you, the users of the application(s) or any third party.

4. Service Fees

All BH Web Design fees and charges are quoted and billed in Canadian dollars unless otherwise noted. 

Service Fees are due at the time of order or on the day of renewal. All fees must be paid in full within 30 days of invoice date.

Current service charges include the following (non-exclusive list):

• Bruce Hare Web Design reserves the right to modify service fees and rates effective upon posting on the Bruce Hare Web Services website and/or on this Agreement.
• Account re-activation fee: $20.00
• Late payment charge: up to 30 days past due no charge, 10% each month thereafter
• Chargeback service charge: $40.00

5. Payment / Invoices

Bruce Hare Web Design accepts Visa, MasterCard, PayPal and cheques. Customers wishing to pay be credit card will be electronically invoiced. Clients wishing to pay by cheque will receive an invoice via email.  Full payment for all invoices sent to Member by Bruce Hare Web Design are due within 30 days of the invoice date.  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.

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

If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges.

Furthermore, if chargeback or charge dispute notices are received for a domain registration fee or domain renewal fee payment, Bruce Hare Web Design retains the right to take over the ownership of the corresponding domain name until the chargeback or dispute issue has been resolved.

Furthermore, if chargeback or charge dispute notices are received for a hosting fee or hosting renewal fee payment, Bruce Hare Web Design retains the right to take over the ownership of the corresponding hosting account until the chargeback or dispute issue has been resolved.

All development and design services require a non-refundable 50% deposit for work to commence.

6. Term / Termination

Bruce Hare Web Design offers Members web design and maintenance services for the duration of the services period purchased by the customer from Bruce Hare Web Design.

Domain services and hosting services are paid services with 12 months term. Renewal notices will be sent to you approximately 6 weeks prior to service expiry. In the absence of cancellation notification from you prior to the renewal date, the Service will be renewed for a successive term.

You may request to cancel your Bruce Hare Web Design account(s) at any time. Any or all domain registration fees and hosting plans purchased through Bruce Hare Web Design on your behalf or purchased by you cannot be cancelled until their respective renewal dates or at such times as dictated by the Third-Party Vendor providing the domain registration services or hosting services. Domains will remain active until the end of the registration term. Hosting plans will remain active until the end of the hosting term. On cancellation of your Bruce Hare Web Design account(s), the unpaid portion(s) of domain fees and hosting fees become immediately due.  Bruce Hare Web Design will invoice you for the balance owing for domain registration fees and hosting fees calculated to the end of their respective term(s).  

Domain names purchased by you directly and for which you have opted in to the automatic domain renewal service through a Third-Party Vendor will be automatically renewed for the minimum term available for that domain type at the renewal rate as specified by the Third-Party Vendor. You will be solely responsible for all renewal costs, cancellations, and for any other costs in doing so. 

Hosting services purchased from a Third-Party Vendor through Bruce Hare Web Design or purchased by you cannot be cancelled. Hosting plans will remain active until the end of the registration term.

Hosting services purchased by you directly and for which you have opted in to the automatic hosting renewal service through a Third-Party Vendor will be automatically renewed for the minimum term available for that hosting type at the renewal rate as specified by the Third-Party Vendor. You will be solely responsible for all renewal costs, cancellations, and for any other costs in doing so.

Your Service may be terminated by Bruce Hare Web Design under the following circumstances (non-exclusive list):

• fees non-payment over 30 days from due date
• you are in breach of any term or condition of this Agreement
• your use of the Service disrupts Bruce Hare Web Design business operations or affects any other party

In such termination(s) all Member Services are removed from servers including data contents.

7. Member Responsibility

When you apply to use Bruce Hare Web Design services, you may 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 BRUCE HARE WEB DESIGN BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.

You are responsible for maintaining accurate account information at all times including contact information. Contact information required by Bruce Hare Web Design includes your first and last name, your full mailing address including street, city, province, and country, as well as your email address and telephone number. Such information can be updated by notifying Bruce Hare Web Design by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

8. Prohibited Conduct

Your use of the Service must be in compliance with Canadian and US laws and 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, consuming excessive amounts of memory, CPU or bandwidth usage.

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 unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Bruce Hare Web Design 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 objectionable 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 Bruce Hare Web Design 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).

9. Notices

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

10. Privacy

The Bruce Hare Web Design Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL: http://bhwebservices.ca/component/content/article/65.html.

Email newsletters will only be sent directly from Bruce Hare Web Design and Member information is not disclosed or sold to any third parties.

11. Reservation of Rights

Bruce Hare Web Design reserves the right and sole discretion to:

• Censor any content or material sent to Bruce Hare Web Design for inclusion into a site or any self-managed content entered by you or anyone authorized by you to post content to your site that is deemed inappropriate;
• Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
• Terminate an account for non-payment of Web Hosting fees, Domain registration or Domain Renewal fees, or any fees for services of Bruce Hare Web Design or providing fraudulent account information or fraudulent payment information;
• Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Bruce Hare Web Design 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; and other activities whether lawful or unlawful that Bruce Hare Web Design determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
• Suspend Service(s) 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.

12. Limitation of Liability

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

For greater certainty and without limitation to the generality of the following:

• in no event will Bruce Hare Web Design, its officers, directors, owners, agents and employees 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;
• Bruce Hare Web Design, 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 use of the Service or the Site;
• in no event shall Bruce Hare Web Design, its officers, directors, owners, agents and employees be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, 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.

13. Indemnification

You agree to indemnify and hold Bruce Hare Web Design, its officers, directors, owners, agents and employees harmless from and against, and to reimburse Bruce M Hare and Bruce Hare Web Design 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 Bruce M Hare and Bruce Hare Web Design by reason of or arising out of or in connection with:

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

14. Force Majeure

Bruce Hare Web Design, its officers, directors, owners, agents and employees 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 of service provisioning.

15. Unenforceable Provisions

If any part of these Terms and Conditions are 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 in any way affecting the remaining parts of these Terms and Conditions.

16. Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of Ontario 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 Ontario 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.

17. Age of Majority

Bruce Hare Web Design does not accept agreements and payments from persons under the legal age of 18 years. By requesting or agreeing to services from Bruce Hare Web Services, 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.

18. Waiver

No waiver of any of the provisions of these Terms and Conditions 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.