Terms of Service
This document, the Whatbox Terms of Service Agreement ("Terms") outlines the specific rules and regulations required to use any of our products, software, services and web sites ("Services") described for use by Customers ("Customer") offered by Whatbox Inc. ("Whatbox"). These Terms may be updated by Whatbox at any time without notice to the Customer . The most current version of Terms will be available at https://whatbox.ca/policies/terms.
Services may not be used without agreeing to the Terms. The Terms are accepted by the Customer and Whatbox whenever Services are ordered or paid for by Customer. The Terms are maintained independently of any other agreement between Whatbox and Customer.
Unless otherwise agreed in writing with Whatbox, any secondary agreements between Whatbox and Customer will always include at minimum, the Terms outlined here. If a secondary agreement between Whatbox and Customer contradicts any attribute of Terms as outlined here, the secondary agreement shall take precedence.
You may not use the Services if you are not of legal age to form a binding contract with Whatbox, or you are barred from receiving Services under the laws of Canada or the country in which you will be using the Services.
The Customer agrees and understands the Refund Policy provided by Whatbox.
To prevent abuse, Whatbox reserves the right to refuse future services to any Customer seeking multiple refunds.
The Customer understands that support provided by Whatbox is on an as is, as available basis. Whatbox makes no guarantees that support will be available or able to resolve a Customer's problem.
Failure to Pay
Whatbox retains the right remove or retain the content stored on Whatbox's servers in the event of non-payment for the Services.
Prices & Specifications
Whatbox reserves the right to alter prices, storage quantities, network rates, network volumes, computational capabilities, features and functionality of all Services at its sole discretion.
The Customer acknowledges that Whatbox owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
The Customer retains copyright and all other rights they already hold in the content which is stored on, or distributed through Services provided by Whatbox.
The Customer understands that Whatbox in providing the Services may:
- transmit or distribute said content worldwide and without discrimination
- transmit or distribute said content over various public networks and in various media
- adapt or otherwise make changes to said content due to the technical requirements of connecting networks, devices, services or media
- utilize 3rd party software, services or infrastructure to facilitate the transmission, distribution or adaptation of said content
Compliance with Law
The Customer accepts full responsibility and accountability for all content stored on, downloaded to, or distributed from their Services. The Customer certifies that they have legal rights to distribute and store everything stored on their Services. The customer certifies that all content is legal under Canadian law, the laws of the country or region in which the Customer resides, and the law of the countries in which the content is physically stored.
Under no circumstance will the Customer use the Services for the storage or distribution of pornography involving illegal acts.
Whatbox and Customer agree that Whatbox is solely acting as a common carrier in its capacity of providing services. Customer agrees that they are the publisher of any material or information and responsible for it adhering to the Terms.
Availability of Services
The Customer understands and agrees that interruptions of any Services may occur at any time and without prior notification, and may continue for any duration. The Customer agrees that under no circumstances will Whatbox be held liable for any financial or other damages due to such interruptions. In no event shall Whatbox be held liable to the Customer for any damages, including but not limited to refunds, fees, loss of profits, loss of income, or cost of replacement services. The failure or interruption shall not be considered a default under these Terms.
Limitation of Liability
Whatbox is not liable for protection or privacy of any content transmitted through the Internet or any other network provider, or services the Customer may use.
DISCLAIMER OF WARRANTIES
SERVICES PROVIDED BY WHATBOX ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WHATBOX SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WHATBOX BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF WHATBOX HAS BEEN ADVISED BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF WHATBOX'S SERVICE TO THE CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, WHATBOX SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
The Customer agrees to defend, indemnify and hold Whatbox harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Whatbox arising from or due to claims made by third parties (including customers of the Customer) that are related to or arising out of:
- false advertising claims against Customer (or customers of Customer)
- liability claims for products or services sold by Customer (or Customer's customers) any other transactions between Customer and third parties
- any content distributed by Whatbox on the behalf of the Customer
Whatbox shall not be liable to Customer or any other person, firm or entity for any failure of performance under these Terms if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Canadian government or of any other government (including provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Whatbox and Customer shall use their best efforts to keep the provisions (including price) of all agreements from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a separate agreement.
Any party's failure to insist on compliance or enforcement of any provision of these Terms shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these Terms.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
Any notice under these Terms may be emailed unless the parties have designated otherwise in writing.
Data Back-up & Recovery
The Customer is responsible for independent backup of data stored on Whatbox's servers; unless the Customer has arranged for Services which include backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by the Customer. Whatbox shall never be held liable for failure to recover data in the event of any sort of failure, and shall never be held accountable financially or otherwise for loss of data.