Mainstream Marketing Incorporated and https://mainstreammarketing.ca are (hereinafter “Mainstream“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to the website annual fees -specifically pertaining to your Domain(s) hosting your website, and to your use of the services offered through Mainstream. By using any of the services or products provided or serviced by Mainstream, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.
The present Terms and Conditions have last been modified on November 10, 2022 and apply to all users.
1. Terms and Conditions
MAINSTREAM may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. MAINSTREAM may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but MAINSTREAM will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the MAINSTREAM Web Site.
1.1. Eligibility Criteria of MAINSTREAM Services
The services offered through the MAINSTREAM Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the MAINSTREAM Web Site only with the permission and under the supervision of your parents or legal guardian. MAINSTREAM also reserves the right to restrict the use of our Services by persons who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
2. Account Creation, Maintenance, Modification and Cancellation
2.1. Account Creation
You can create an account by filling in the form provided on the MAINSTREAM web site. Fees associated with our services can also be found on our web site at https://mainstreammarketing.ca/new-client-account-setup/
2.2. Accurate Information
You agree to maintain accurate information while you are using MAINSTREAM services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information within ten days of any change.
2.3. Account Maintenance and Security
You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.
You agree that you are fully responsible for maintaining the confidentiality of your login information and password (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify MAINSTREAM immediately of any unauthorized use of your account or of any other breach of security. You agree MAINSTREAM will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by MAINSTREAM or another party due to someone else using your Account Access Information. MAINSTREAM advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the MAINSTREAM infrastructure in any way.
While MAINSTREAM has several measures in place to increase the availability and reliability of the data stored on its servers, and not to hold MAINSTREAM liable for any errors or interruption of services, whether within or outside of MAINSTREAM’s reasonable control.
2.4. Responsibility for Content
You agree that you are solely responsible for the content stored on and served on your MAINSTREAM account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. MAINSTREAM disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at https://Mainstreammarketing.ca/legal/aup
2.5. Account Suspension and Cancellation
MAINSTREAM can suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.
MAINSTREAM will attempt to notify you in case of account suspensions or cancellations. In some circumstances, MAINSTREAM may suspend an account without prior warning to avoid serious harm or service degradation.
You may cancel your account and prevent an automatic renewal by requesting a cancellation via email to firstname.lastname@example.org at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a MAINSTREAM agent to properly identify the account in question, including any account details or active services.
For certain services, MAINSTREAM provides courtesy backups to help protect your data. However, backups can occasionally fail. Under no circumstance will MAINSTREAM be held responsible for any loss resulting from incomplete or incorrect backups.
Backups for: Web Hosting, WordPress Hosting & Email Hosting
MAINSTREAM performs regular courtesy backups of data stored on certain types of services, including web hosting accounts. Backups are offered as a courtesy service and while they are generally very effective, they cannot be guaranteed. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 files may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.
Backups for: Cloud & Dedicated Servers
MAINSTREAM relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run.
4. Acceptable Use Policy
In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other MAINSTREAM clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://Mainstreammarketing.ca/legal/aup.
5. Domain Names
Mainstream managed domain name registrations, renewals, and transfers include management of notices, renewal reminders and any other registration requirements on your behalf. Your company name is always set as the primary registrant. Mainstream will only list its contact information with the technical support, invoicing, and admin, preventing you from being bothered with notices and reminders that are not relevant to your domains wellbeing.
6. Domain Privacy Protection Service
If purchased in conjunction with certain types of domain names, the Privacy Protection service (also referred to as ID Protect) is intended to shield the customer’s personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer’s information with those of a confidentiality services provider. The Privacy Protection service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that may have been saved and published by other parties prior to the purchase and activation of the protection. The Privacy Protection service is not available for all domain types.
The Privacy Protection service is non-refundable. The Client must always maintain accurate contact information in their private MAINSTREAM profile, as stipulated by ICANN’s rules and regulations.
7. SSL Certificates
The use and installation of COMODO or Sectigo SSL Certificates offered by MAINSTREAM are subject to the terms and conditions of COMODO and Sectigo. Following an SSL purchase, a MAINSTREAM technician will request a certificate on your behalf and attempt to complete its installation on your account. If you have requested a Dedicated IP address during your SSL order, your Web Site may experience up to 12 hours of downtime during the SSL installation process, due to a process called DNS Propagation.
Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively on the domain name or subdomain that was requested during your order. SSL Certificates are non-transferable. The installation of an SSL certificate does not guarantee the use of encrypted https protocol throughout your website.
8. Dedicated IP Address
All dedicated IP addresses assigned to you must be maintained in a manner that conforms to the norms and regulations set forth by ARIN (https://www.arin.net/policy/nrpm.html).
If you ordered multiple IP addresses with a Cloud or Dedicated Server, they must be used at 80% within 30 days of being assigned.
At the outset, for Web Hosting or WordPress Hosting accounts, you will be assigned a shared IP address. You may request one (1) dedicated IP address per hosting account, at additional cost. MAINSTREAM reserves the right to evaluate the pertinence of any dedicated IP address request and deny such requests if they do not comply with ARIN regulations. MAINSTREAM retains full control and rights to the IP addresses assigned to you at all times and reserves the right to modify or remove assigned addresses with prior notice.
A dedicated IP address change may incur an unavailability of your web site lasting up to 24 hours, due to DNS propagation.
9. Site Transfers
In most cases, MAINSTREAM can help move your website from any other compatible web hosting provider (also called a website migration). However, transfers are provided as a courtesy service, and MAINSTREAM can not make guarantees regarding the availability, accuracy, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult or impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
A free site transfer service request can be made within 30 days of a new web hosting or Cloud or Dedicated server order by submitting your request to email@example.com which will require all necessary information to allow us to connect to your other provider’s account and retrieve all your data. Unless otherwise confirmed in writing, free website transfers are limited to a maximum of 10GB of data, 5 email accounts, and one database. More complex migrations should be discussed with our support team prior to being requested.
Site transfer requests placed after the initial 30-day period are subject to our standard service rates.
10. Search Engine Listing
MAINSTREAM is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, MAINSTREAM does offer Search Engine Optimization Services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. MAINSTREAM cannot guarantee specific results beyond what is described within the agreement terms.
11. 99.9% Guarantee Server Availability
MAINSTREAM understands the importance of having a continuously available web site and guarantees a server availability (or “uptime”) of 99.9%, calculated monthly. Our services are considered available if they respond to external PING requests from at least two different external monitoring services.
Any scheduled maintenance outage will not be considered when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be considered when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors.
In the rare case that an unscheduled outage causes a service to be unavailable for more than 0.1% of a calendar month (or 43 minutes), you will be eligible for an account credit equivalent to 5% of your pre-tax monthly fees for every additional hour of unscheduled downtime, up to 100% of your monthly hosting fees. You can request a service credit following an outage by contacting us via email at firstname.lastname@example.org. Credits can only be issued once per month, at the end of a calendar month. Domain names are not eligible for account credits.
MAINSTREAM will generate renewal invoices automatically for all your active services at least 15 days prior to their expiration date. When we generate a new invoice, we’ll send you an email with a copy of the invoice.
If you do not wish to renew a service, please submit a service cancellation request via email at: email@example.com at least 30 days prior to your service’s renewal date in order to avoid being charged for its renewal.
Expired services can be suspended if left unpaid by their due date and may be permanently deleted, at MAINSTREAM’s sole discretion. Reactivating suspended services may incur additional fees.
You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at MAINSTREAM’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.
MAINSTREAM accepts payments by Visa, Mastercard and e-Transfer to firstname.lastname@example.org or company cheque.
All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$35.00, plus taxes.
Occasionally, special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates, as shown on your invoice or in your product or service details. Special pricing promotions cannot be applied to renewals unless stated otherwise. MAINSTREAM reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations, at MAINSTREAM’s sole discretion.
14. Refund Policy
You can request a refund for services not rendered in accordance to the agreed upon contract terms.
Refunds can only be issued using the same payment. Payments made by e-Transfer can only be refunded as credit on your MAINSTREAM account.
Pre-paid funds cannot be refunded.
Refunds will generally be issued by MAINSTREAM within 7 days following the reception of your refund request, but some banks or credit card providers may incur additional delays before making those funds available to you again.
The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated servers (including associated control panel and Operating System licensing fees) and pre-paid service agreements. Setup and installation fees are non-refundable.
MAINSTREAM will not issue refunds for the same type of product more than once per account.
Billing errors can be refunded for a maximum retroactive period of 3 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact MAINSTREAM as quickly as possible to correct the error.
15. Chargebacks and Reversals
In the event you issue a chargeback or reversal of charges with your banking institution you will be responsible for a $50.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.
Bounced checks returned by MAINSTREAM’s banking institution due to insufficient funds will incur a penalty of $35.00, plus the full amount of the original transaction, plus applicable taxes.
All services on your account may be suspended until the chargeback fee is settled in full.
16. Disclaimer and Limitation of Liability
16.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, MAINSTREAM DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY MAINSTREAM, AND THE MAINSTREAM WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE MAINSTREAM WEB SITE, THE USER EXPRESSLY AGREES THAT MAINSTREAM MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY MAINSTREAM, AND THE MAINSTREAM WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE MAINSTREAM WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE MAINSTREAM WEB SITE, MAINSTREAM INCLUDES LINKS TO OTHER WEB SITES FOR WHICH MAINSTREAM HAS NO CONTROL. MAINSTREAM DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST MAINSTREAM IN CONNECTION WITH SUCH WEB SITES; AND (iii), MAINSTREAM MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MAINSTREAM DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
16.2. MAINSTREAM WILL IN NO EVENT BE LIABLE REGARDING THE MAINSTREAM WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF MAINSTREAM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
16.3. ALTHOUGH MAINSTREAM ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT MAINSTREAM NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
17. Entire Agreement
This Agreement, related policies found at https://Mainstreammarketing.ca/legal and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, MAINSTREAM MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, these Terms and Conditional will take first priority and the Service Agreement will take second priority in interpreting the parties’ rights and obligations.
18. Force Majeure
MAINSTREAM will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold MAINSTREAM liable for any of the consequences of such interruptions.
19. Trademarks and Copyrights
The names MAINSTREAM, Mainstream Marketing, Mainstream Marketing Incorporated, Mainstreammarketing.ca, as well as the logos associated with these names are trademarks owned by MAINSTREAM. Any use of these trademarks is strictly prohibited without the prior written consent of MAINSTREAM. In addition, all names and trademarks belonging to third parties and appearing on the MAINSTREAM Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The MAINSTREAM Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected. You can view and download the information contained on the MAINSTREAM Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without MAINSTREAM’s prior written consent is prohibited.
20. Questions and Concerns
If you would like more information about MAINSTREAM’s Terms and Conditions, please contact MAINSTREAM via email at email@example.com. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.
Complaints or policy violations must be reported to info@Mainstreammarketing.ca or by mail at Mainstream Marketing, 1157 Ouellette Avenue, Windsor, ON, N9A4K1Canada.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
23. Applicable Law and Jurisdiction
This Agreement and its interpretation are subject to the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of Ontario, including disputes regarding the Agreement’s interpretation and its effects.
24. Non-Solicitation of Employees
During the time you are a client with us and for 12 months following you are not permitted to:
- Encourage or solicit an Employee to complete work for you outside of the Company;
- Recruit or attempt to recruit an Employee of the Company;
- Hire or engage an Employee or former Employee whose employment agreement will have ended less than one year prior to the date of recruitment.