Terms of Service
All Dymergent services are subject to the following terms of use. Please read these terms carefully. There is no legalese here — we have made every effort to use clear and unambiguous language about the rules we must all work within when using Dymergent services. Use of Dymergent services constitutes a binding agreement with the terms and conditions below. Failure to abide by these terms of service may result in termination of service or, in extreme cases, criminal or civil liability.
Customer Responsibilities
SECURITY
The customer is solely responsible for any breaches of security affecting their data.
SYSTEM ADMINISTRATION
The customer is responsible for procuring whatever technical and system administration assistance they may require to implement changes that arise from the findings or recommendations of Dymergent scans, audits, consultation and other services.
BE RESPONSIBLE
Customers are required to use Dymergent services responsibly. This includes respecting the other customers of Dymergent. Dymergent reserves the right to suspend and/or cancel service with any customer who uses Dymergent services in such a way that adversely affects other Dymergent customers or the public. While Dymergent may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Dymergent does not monitor its customers’ communications or activities to determine whether they are in compliance with the terms of service. However, when Dymergent becomes aware of any violation of the terms of service or other user agreements, Dymergent may take any action to stop or correct such violation, including, but not limited to, denying access to Dymergent’s services.
Payments, Refunds & Cancellation
GST/HST
Canadian companies will be charged GST or HST on all services.
TERMINATION
Dymergent may terminate service at any time for any reason.
REFUNDS
Absolutely no refunds, pro-rated or otherwise, will be given to customers who voluntarily cancel their service, regardless of how far into the term the customer may be.
Illegal Use
NO ILLEGAL USE WILL BE PERMITTED
Dymergent services may be used for lawful purposes only. Use of Dymergent services to circumvent any applicable law or regulation, or to facilitate the violation of any particular law or regulation is prohibited. It is also prohibited for any customer to engage in activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with the ability of others to conduct their business over the Internet.
NO TERRORIST ACTIVITY WILL BE PERMITTED
In using Dymergent services, all Dymergent customers certify that they and/or the organization they represent in procuring services from Dymergent are not, nor have been designated, a terrorist or suspected terrorist; and are not owned or controlled by a terrorist or suspected terrorist. In addition, all Dymergent customers certify that they will not use Dymergent services to promote, support or facilitate terrorist activity.
Other
FORCE MAJEURE
Dymergent will not be liable for delays in its performance of the terms of service or Dymergent services caused by circumstances beyond Dymergent’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Dymergent will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
SUBSTITUTION
With regard to advertised specifications, Dymergent reserves the right to substitute equal or comparable components at its sole discretion for all deployments, upgrades, downgrades and other changes to Dymergent services, without adjustment in pricing to the standard fee charged.
INDEMNIFICATION
Dymergent customers agree to protect, defend, hold harmless, and indemnify Dymergent, any third party entity related to Dymergent (including, without limitation, third party vendors), and Dymergent’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Dymergent, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Dymergent’s services.
DISCLAIMER
The Dymergent service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Dymergent expressly disclaims any representation or warranty that the Dymergent service will be error-free, secure or uninterrupted. No oral advice or written information given by Dymergent, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Dymergent and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL DYMERGENT (INCLUDING, WITHOUT LIMITATION, DYMERGENT’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS DYMERGENT, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING DYMERGENT’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR DYMERGENT SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY DYMERGENT SERVICES EVEN IF DYMERGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DYMERGENT’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO DYMERGENT’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY DYMERGENT OR DYMERGENT’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED $1000 CAD.