Business Anywhere Plus Shared Hosting Services - Terms and Conditions

The Service Specific Terms and Conditions in this section apply to the Shared Hosting Services including Domain Name Services (“Shared Hosting Services”) included in the TELUS Business Anywhere Plus Services provided to the Customer. Shared Hosting Services are provided by TELUS Services Inc. Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business Anywhere Plus Services.

1.1Service Description
Shared Hosting Services provide the Customer with virtual space within TELUS’ server infrastructure and other TELUS Service Components that supports the Customer’s World Wide Web site or Internet presence. Shared Hosting Services do not include content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other executables, or programs and applications developed or used by the Customer. Shared Hosting Services Packages are specifically described at http://www.telushosting.com (the “Hosting Website”) and the Shared Hosting Services Package selected by the Customer is specified in the Solution Details.

2.1 Use
The Customer is responsible for all passwords (including the confidentiality and maintenance of passwords) related to any use of the Shared Hosting Services, and all activities of any person using the Customer’s passwords. The Customer will immediately advise TELUS by email or telephone of any unauthorized use of the Shared Hosting Services or the Customer’s passwords, or of any other breach of security, and will provide assistance requested by TELUS to stop or remedy any breach of security. The Customer shall comply with the Shared Hosting Services Usage Policy (the "UP")published at the Hosting Web Site. The Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment (the “TPC”) published at http://www.telus.com/privacy/privacy.html. TELUS may change the UP and the TPC at any time, in its sole discretion, and publishing the changed UP or TPC on their respective Web sites will be sufficient notice of the changes to the Customer. The Customer shall not permit any person under the age of majority to use the Shared Hosting Services and, if the Customer is an individual, the Customer warrants that (s)he is at least the age of majority. The Customer warrants that it has or will acquire all authorization(s) necessary for hypertext links to third-party web sites.The Customer’s use of the Shared Hosting Services will not exceed the bandwidth, storage and email usage limits set out on the Hosting Web Site. If the Customer uses any bandwidth or storage space in excess of the specified number of megabytes per month or exceeds email storage and attachment size limitations, TELUS may, in its sole discretion, bill the Customer for additional charges, suspend all or some of the Shared Hosting Services, or terminate this Agreement.

2.2 Content
The Customer is responsible for the supply, delivery and content of all information, data, software or other material (the "Customer’s Content") that is submitted to or placed on the Service Components or that the Customer posts, uploads, stores, transmits or receives through or using the Shared Hosting Services. All Customer Content submitted to the Service Components must be "server-ready," requiring no additional manipulation by TELUS, and must conform to the constraints and limitations specified on the Hosting Web Site. TELUS (a) is not responsible for, (b) does not monitor or censor, (c) exercises no control over the content, accuracy or quality of, and (d) is not responsible for re-creating or re-transmitting, the Customer’s Content or any data or information in, transmitted or received through or using the Shared Hosting Services. TELUS is not responsible to provide any support required to use the Shared Hosting Services (including support in the use of Internet languages, protocols and software).

2.3 Enforcement
In addition to its rights in the General Terms and Conditions, TELUS has the right to block access to, or to remove or require the Customer to remove from the Service Components, any Customer Content (including any hypertext links to other Web sites) that violates any provisions of this Agreement, that may expose TELUS to legal liability, or that may be deemed, in TELUS’ sole discretion, to be illegal, objectionable or infringing on any third party's rights. If TELUS exercises any of these rights, it is not obligated to refund any charges paid in advance by the Customer.To prevent damage or degradation to TELUS’ network or any Service Components, or to comply with any law, regulation, court order or other governmental request or order, TELUS may access and disclose the Customer’s Content or any information it considers necessary or appropriate including, without limitation, user profile information (name, email address, etc.), IP addressing and traffic information, or usage history, and TELUS' right to disclose under this sub-section will prevail over the TPC.

TELUS shall own all Internet Protocol ("IP") addresses and email accounts that may be assigned to the Customer by TELUS. TELUS has the right to change or remove any and all such IP numbers and email accounts at any time.TELUS does not claim ownership of the Customer’s Content. By using the Shared Hosting Services, the Customer grants TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, edit, delete, publish and translate the Customer’s Content to the extent reasonably required by TELUS to provide the Shared Hosting Services or to enforce the terms of this Agreement and the Customer confirms that, by doing so, TELUS will not infringe any intellectual property rights of the Customer or any other person.

In addition to TELUS’ rights in the General Terms and Conditions, TELUS may terminate the Shared Hosting Services and this Agreement at any time before the end of the Minimum Term by giving at least 30 days advance notice to the Customer, in which case TELUS will refund any amounts prepaid for the provision of Shared Hosting Services after the termination date. Despite anything else in this Agreement, any notice of termination by the Customer must be given by email to support@telushosting.com, and the email must provide TELUS with sufficient information so that TELUS may properly identify the Customer and the Customer’s account. Any notice of termination will be effective 30 days following receipt by TELUS. Any notice of termination by TELUS shall be given by email to the email address specified by the Customer when first ordering the Shared Hosting Services. TELUS and the Customer may change their email address for any such notices by sending a notice of the new email address to the email address of the other.TELUS is not required to notify any other person of termination of the Customer’s account nor provide any termination assistance, and is not required to forward (and may delete) any email messages or Customer’s Content.

5.1 Domain Names
TELUS will register a domain name(s) provided or selected by the Customer, provided that the domain name is available for registration and does not violate any domain registrar’s policies, or any law or regulation. The Customer shall pay TELUS all charges for the registration and maintenance of such domain name(s), and any such charges are non-refundable. If any dispute or claim arises out of or related to the domain name used by the Customer in connection with the Shared Hosting Services and the Customer so requests, TELUS will attempt to register an alternative domain name chosen by the Customer. The Customer shall be bound by the terms of the domain registrar’s domain name policy and/or the policies of the registration authorities.

5.2 New Domains
New domain names can be registered for up to 3 years. The domain name will be registered with TELUS domain name servers by default, and will not become active until 24 to 48 hours after registration is completed.

5.3 CA Domains
Upon submitting a new CA domain name registration, the Canadian Internet Registration Authority (CIRA) will direct the Customer by email to the CIRA web site to confirm and complete the registration. New CA domain names are not registered until the Customer confirms and completes registration with CIRA as directed in the confirmation email. CIRA may require additional information or documentation to complete a CA domain name registration, and, if so, CIRA will email the Customer with instructions. The Customer must meet the Canadian Presence Requirements ForRegistrants in order to qualify to register a CA domain name. If there is a conflicting CA domain name, CIRA will email the owner of the conflicting domain name three times asking that person to authorize client’s registration by replying to each of those three emails. The domain name is not registered until the owner of the conflicting domain name responds to all three emails, and during this time the domain name will not be available for use. Due to CIRA rules and registration guidelines, the Customer’s chosen domain name may not be available, and, if so, the Customer may need to register an alternate domain name.

5.4 Domain Renewals
Shared Hosting Services do not include domain name renewals. Renewals for new domain names registered with or transferred to TELUS are accepted online at http://www.telushosting.com by credit card only. TELUS will email the admin contact, at the address listed in the WHOIS / CA WHOIS / CC WHOIS database (“WHOIS Database”), prior to expiry about the approaching renewal and with renewal instructions. For domain names hosted by TELUS, the Customer must renew the domain name with the current registrar. The Customer may transfer a domain name to TELUS by submitting a transfer order online to the Hosting Web Site.

5.5 Host Domain
No registration fee is charged when the Customer uses an existing domain name.

5.6 All Registrations
The Customer must update the name servers in accordance with instructions provided by TELUS. TELUS cannot modify a Customer’s domain name. Name servers are not updated during domain name transfers. TELUS is not responsible or liable for any use of a domain name prior to confirmation of registration of the domain name. TELUS does not guarantee that any domain name can be successfully registered or transferred. The Customer must keep all contact information relating to the Customer’s domain name updated and accurate.

TELUS may change this Agreement, as it applies to the Shared Hosting Services, including the charges or any policies, at any time. Any changes to the UP and TPC will be made in accordance with sub-section 2.1 of these Service Specific Terms and Conditions. Any other changes will be posted on the Hosting Web Site, and become effective upon posting. A notice that changes have been made will be posted on the Hosting Web Site for 30 days, and the Customer must regularly review the Hosting Web Site to obtain timely notice of such changes. The Customer’s continued use of the Shared Hosting Services following posting of any such changes will constitute acceptance of such changes by the Customer. If the Customer does not agree to any such change, the Customer must immediately cease any use of the Hosting Services and notify TELUS of termination in accordance with sub-section 4 of these Service Specific Terms and Conditions.