This is an agreement between you and REM Web Solutions Inc. for use of the WebWiz@rd Content Management System.
We are REM Web Solutions Inc. located at 72 St Leger St., Unit 2, Kitchener Ontario N2H 6R4. We will refer to ourselves in this agreement as either "REM", "we" or "our."
In this agreement, the WebWiz@rd Content Management System is also referred to as "WebWiz@rd". It is broadly defined as the proprietary web based software created by REM that a person can access to manipulate various predefined and compatible components of a website.
For the purpose of this agreement, you are an individual person or company with a valid license to use WebWiz@rd.
Please review these terms and conditions carefully before accessing and using WebWiz@rd. By accessing and using the tools and information within WebWiz@rd you accept, without limitation or qualification, these terms.
Governing Law
WebWiz@rd is located in Ontario, Canada and your access to, and use of WebWiz@rd is deemed to solely occur within the Province of Ontario, Canada. Your use of WebWiz@rd shall be governed by the laws of the Province of Ontario and any applicable federal laws of Canada, and the courts of the Province of Ontario shall have exclusive jurisdiction over any legal disputes relating to WebWiz@rd and the information contained within it.
Acceptable Use
Our complete hosting policy located here: http://www.remwebsolutions.com/userContent/documents/Hosting Terms & Conditions 2013 - No Sign.pdf explicitly governs the types of content that can be generated, stored and hosted using WebWiz@rd. In situations that WebWiz@rd is accessed and used where the hosting policy does not apply, the following conditions are still applicable to this agreement:
No material containing nudity or pornographic material of any kind can be transmitted, stored or created using WebWiz@rd;
No material that is grossly offensive to the online community can be transmitted, stored or created using WebWiz@rd, including but not limited to blatant expressions of bigotry, prejudice, racism, hatred, or profanity;
No material that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual can be transmitted, stored or created using WebWiz@rd;
No material that could defame any person or group can be transmitted, stored or created using WebWiz@rd;
No material that promotes or solicits for participation in multi-level marketing or pyramid schemes can be transmitted, stored or created using WebWiz@rd;
No material that is used to conducting raffles or contests that require any type of entry fee can be transmitted, stored or created using WebWiz@rd;
No material that suggests or promotes the exploitation of children under 18 years of age can be transmitted, stored or created using WebWiz@rd;
Manipulation of any WebWiz@rd component including but not limited to input boxes, forms, URLs and logic gates to perform any task other than its direct purpose is forbidden.
Any attempt to reverse engineer, deconstruct or otherwise reproduce any component found within WebWiz@rd is forbidden.
Using WebWiz@rd to create derivative and secret areas of your website such as creating restricted, password protected or otherwise hidden pages is forbidden without prior knowledge and consent from REM.
Linking to images, movies, audio or other files for which you do not have permission is forbidden within WebWiz@rd.
For so long as you adhere to the restrictions of the acceptable use section, you may access WebWiz@rd from any computer and update the website content associated with a valid WebWiz@rd license as often as you like.
Compatibility
Although it is impossible to provide webpages that work identically and effectively with all browsers and settings, WebWiz@rd is consistently tested against the popular and current web browsers from Microsoft, Google and Mozilla using their default settings on Windows based computers during the time of their development.
All other web browsers may work with varying levels of compatibility.
WebWiz@rd Version Updates
Valid WebWiz@rd license holders are entitled to receive free updates, enhancements and bug fixes to the basic WebWiz@rd framework as well as all modules that have been included with the license subject to the following restrictions:
Changes that require updates to the design or coding of the public facing website are not included as part of the free updates and will be quoted independently, should you desire the new functionality.
Free updates apply to minor version (i.e the second number) upgrades of WebWiz@rd such as moving from version 3.1.2 to 3.2.0 or 3.5.9 to 3.9.0. They do not apply to major (i.e. the first number) version upgrades 2.1.9 to 3.0.0.
The current version WebWiz@rd will receive continued support. Past versions will eventually reach an "end of life" phase where support will be discontinued.
Future versions of WebWiz@rd are not guaranteed to be compatible with past versions.
Support & Training
Valid WebWiz@rd license holders currently hosting with REM are entitled to receive support related to the use of the current version of WebWiz@rd and one initial training session to be held at REM's office or online at no extra cost.
The support services encompass retrieving lost passwords, reminding users how to navigate within WebWiz@rd and reminding users of basic content editing tips. Support is available through emailing [email protected] or calling 519-884-4111 x 4 from 9am to 5pm EST Monday - Friday (excluding holidays).
The included training services have been designed to provide practical examples of how to use each area of WebWiz@rd either in person or remotely through desktop sharing software.
Neither the support nor the training services are intended to be used as a content creation, formatting or publishing service. Those services can be performed by REM staff at the standard rate.
Emergency Support
24 x 7 emergency support is also available by calling 519-884-4111 x 4 for website or email outages only. This service is no charge provided an emergency exists and that it is not related to a localized problem such as an internet connection problem to your house or business.
Backups
Any website hosted by REM is backed up daily. While every effort is made to preserve your information we are not responsible for any unforeseen problems that may occur with the backup files.
REM Web Solutions Inc. reserves the right to make changes to this contract at any time and without notice. In no event shall REM Web Solutions Inc. be liable for any indirect, special, incidental or consequential damages arising out of purchase or use of WebWiz@rd.
Trademarks
Certain names, words, titles, phrases, logos, and marks displayed within WebWiz@rd may constitute trademarks or trade names of REM, its affiliates, related companies, their licensors or other third parties. Any unauthorized use of the trademarks or trade names of REM, affiliates or related companies and their licensors is strictly prohibited.
WebWiz@rd is a registered trademark of REM Web Solutions Inc. in Canada and other countries.
Copyright
All aspects of WebWiz@rd is owned or controlled by REM and is protected by worldwide copyright laws. No part of WebWiz@rd may be reproduced, transmitted in any form, by any means, without the written permission of REM Web Solutions Inc.
Links
WebWiz@rd links users and allows you to create your own links to websites not maintained by REM. REM cannot and does not warrant the accuracy, completeness, timeliness, non-infringement or fitness for a particular purpose of any information available through these links and disclaims any opinions expressed on such websites. REM's inclusion of these links and the tools to make similar links does not signify its endorsement of the websites or the information contained therein, and is in no way a suggestion that the information available through these websites is appropriate for your particular circumstances. If you follow or create these links you do so at your own risk.
License Transfers
You may not transfer any website or module that has not been paid for in full.
If you choose to move your WebWiz@rd website to an alternate hosting provider, the following conditions apply:
REM will extend the usage rights for exactly one instance of WebWiz@rd to control exactly one website.
REM will assist in moving and setting up your Website and WebWiz@rd based on a time and materials cost.
REM will activate an internal monitor that will validate the WebWiz@rd license by periodically and automatically connecting to a licensing server located within REM's infrastructure.
You may not assume ownership of WebWiz@rd or any rights that are granted as an owner of WebWiz@rd. REM is the sole owner of WebWiz@rd.
You are forbidden to reverse engineer, deconstruct or modify any aspect of WebWiz@rd in any way, for any purpose. Any attempt to do so will be in direct violation REM copyrights as well as the Digital Millennium Copyright Act and you will be prosecuted to the maximum extent allowable by law.
No warranty, support or updates will be provided by REM after the initial deployment is complete.
Timeliness and Accuracy of Information
The information within WebWiz@rd is subject to change at any time without prior notice. REM will use reasonable efforts to include current and accurate information. REM cannot, and does not, guarantee the accuracy, completeness, or authenticity of the WebWiz@rd Content Management System contents, functionality, or your transmission of any content to or from WebWiz@rd. REM shall not be responsible or liable for any detrimental reliance you place on WebWiz@rd, its contents, or the contents generated during the use of WebWiz@rd.
Exclusion of Warranties
REM makes no representation or warranty that the use of WebWiz@rd will be uninterrupted or without error. Please refer to your individual service and warranty agreement for warranty provisions.
Limitation of Liability
Neither REM nor its licensors will be liable for any damages, either direct or indirect, incidental, special or consequential, including but not limited to material loss, loss of profits, lost business or lost goodwill as a result of the use of or the inability to use any aspect of WebWiz@rd. Your sole and exclusive remedy is to discontinue using and accessing WebWiz@rd.
Severability
If, in any jurisdiction, any of these Terms and Conditions are held to be unenforceable by a court of competent jurisdiction, those Terms and Conditions deemed unenforceable shall be restricted or eliminated to the minimum extent necessary and the remaining Terms and Conditions shall otherwise remain in full force and effect.
Terms Subject to Change
REM may modify, alter or otherwise update the Terms and Conditions applicable to WebWiz@rd from time to time without notice, and you agree to be bound by the Terms and Conditions in effect at the time you access this website.
