User Obligations: When using RIMDC Digital Marketing services, you agree to comply with all applicable laws and regulations. You are responsible for any content you create, publish, or display using our services and for the consequences thereof. You agree to use our services for lawful purposes only and refrain from any misuse.
Acceptable Use Policy: Our services must not be used to disseminate spam, engage in illegal activities, or distribute malware or other malicious content. We reserve the right to suspend or terminate services for any user who violates these policies.
Prohibited Activities: The following activities are strictly prohibited and may result in immediate suspension or termination of your services:
- Unauthorized access to or hacking into our network or systems.
- Interference with the service to any user, host, or network.
- Copying or distribution of our services or tools without proper authorization.
Account Registration and Security
Account Setup Requirements: To access certain services, you may be required to create an account with RIMDC Digital Marketing. You must provide accurate and complete information during the registration process. You are responsible for maintaining the confidentiality of your account information, including your password.
Account Security Responsibilities: You are responsible for all activities that occur under your account. You agree to notify RIMDC Digital Marketing immediately of any unauthorized use of your account or any other breach of security. RIMDC Digital Marketing will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Payments, Renewals, and Cancellations
Payment Terms: Payment for services must be made in accordance with the pricing and payment schedule specified in your service agreement. All fees are due at the time of service renewal and are non-refundable, except as expressly provided in these terms.
Renewal Procedures: Unless you notify RIMDC Digital Marketing before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Cancellation Policy: Services can be canceled by you at any time with 30 days’ written notice to RIMDC Digital Marketing. Upon cancellation, you will have access to your account until the end of your current billing cycle.
Hosting Services
Monitoring of Managed Applications: RIMDC Digital Marketing provides continuous monitoring services for managed applications to ensure their optimal performance and security. We monitor application uptime, performance metrics, and functionality, addressing issues as they arise to maintain service quality and reliability.
Disaster Recovery Systems: Our disaster recovery systems are designed to protect your data and ensure business continuity. Services include regular data backups, secure offsite data storage, and a comprehensive recovery process. In the event of a system failure or data loss, we aim to restore services and access to data within 24 hours.
Uptime Guarantees and Service Level Agreements (SLAs): We commit to maintaining a 98% uptime for our hosting services, excluding scheduled maintenance and unforeseeable circumstances beyond our control. Should we fail to meet this commitment, we will provide affected customers with service credits as outlined in our SLA.
Intellectual Property Rights
Ownership and Copyright: All materials provided by RIMDC Digital Marketing, including website designs, graphics, and text, are the property of RIMDC Digital Marketing or its licensors and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from these materials without express permission.
User Content and Licensing: By uploading content to our servers or creating content using our services, you grant RIMDC Digital Marketing a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display the content for the purpose of providing and promoting the service.
Confidentiality
Handling of Confidential Information: RIMDC Digital Marketing will treat all user data and information as confidential. We will not disclose such information to third parties without your consent, except as required by law or to provide the contracted services.
Privacy Policy: Our Privacy Policy provides detailed information on how we collect, use, and protect your personal information. It is incorporated into these Terms of Service by reference. We encourage you to read it carefully.
Limitation of Liability and Warranty
Disclaimer of Warranties: The services provided by RIMDC Digital Marketing are available on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. RIMDC Digital Marketing does not warrant that the services will be uninterrupted, timely, secure, or error-free.
Limitation of Liability: RIMDC Digital Marketing, its affiliates, and its licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if RIMDC Digital Marketing has been advised of the possibility of such damages), resulting from the use or the inability to use the service.
Termination and Suspension
Conditions for Termination: RIMDC Digital Marketing reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
Effects of Termination: Upon termination, your right to use the services will cease immediately. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Dispute Resolution
Governing Law: These Terms shall be governed and construed in accordance with the laws of Ontario, without regard to its conflict of law provisions.
Arbitration Agreement: Any disputes arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Kingston,Ontario, using the English language in accordance with the Arbitration Rules and Procedures of the Canadian Arbitration Association then in effect, by one or more arbitrators appointed in accordance with said rules.
General Provisions
Updates and Modifications: RIMDC Digital Marketing reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Assignment: These Terms are not assignable, transferable, or sublicensable by you except with RIMDC Digital Marketing’s prior written consent, but may be assigned or transferred by us without restriction.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.