Terms of use
Overview
Welcome to eSite.com. If you continue to browse and use our website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern eSite.com’s relationship with you in relation to this website and the services we provide.The term ‘COMPANY’ or ‘us’ or ‘we’ refers to eSite.com. The term ‘you’ refers to the user or viewer of our website and or service.The use of this website is subject to the following terms of use:
General Terms of Use
Visiting eSite.com
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the province of Ontario and the country of Canada.
Client Specifics
Contract lengths and refunds
You can utilize our services by the month, on an annual term (12 months) or biennially (24 months). Monthly accounts can be cancelled at any time and no further charges would apply. No refunds can be given on any of our packages; monthly, annual or biennial accounts.
Website setup period
Upon creating an account and payment clearing, you have a 30 day period of unlimited changes to get your website setup. After the 30 days, any changes should be submitted via your control panel and would count against your monthly allowance, based on your package.
Changes outside allotment
Extra changes to your website, outside the free allotment, can be made at a rate of $60/hr with a minimum half hour charge. Payment must be made and cleared within 30 days of application to prevent any website down time.
Add-ons
We offer a number of add-ons, such as custom POP/IMAP email accounts. Payment must be made before begin implementation.
Domain names
- eSite.com will register and absorb the cost of domain names for clients who do not have a domain name and would like us to include a domain name with their website. The cost of the domain renewals is also absorbed by eSite.com as long as you are paying for our website services. If you would like to transfer this domain name away from eSite.com for other uses, there is a one time transfer fee of $50 and you must create a free account at enomcentral.com in order for us to quickly push the domain into your own account.
- If you have your own domain name and would like to use it with our service, you can transfer the domain to us to manage while we manage your website. You retain ownership of the domain, we just manage it by setting up up to work with your website and set it up to offer email services, if you wish to have custom email. There is no transfer fee if you wish to transfer it back out of our system. You will be required to create a free account at enomcentral.com in order for us to quickly push the domain into your own account.
- If you have your own domain and would not like to transfer it to us for management while using our services, we will provide you details on settings that need made to your domain. For example, changing the A record. You would also be responsible for setting up and managing your own email accounts, as we are unable to make those changes when the domain is not in our possession.
Themes
All themes are copyright Swing Industries, Inc. This includes, but is not limited to, HTML, CSS, images, layout and appearance.
User content
All content you provide us for uploading and placing on, or attaching to, your website remains your property. You are responsible for all rights and permissions for all photos, graphics, text and content provided to us.
Site changes
All submitted site changes are attempted to be completed within 48 hours excluding weekends.
Termination
You can request cancellation of your account at any time. This can be done 24/7/365 through your eSite control panel. No new charges will be made after date of cancellation.
Disclaimer
No warranties
This website is provided “as is” without any representations or warranties, express or implied. eSite.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, eSite.com does not warrant that:
- this website, and users websites, will be constantly available; or
- the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
eSite.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if eSite.com has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit eSite.com’s liability in respect of any:
- matter which it would be illegal or unlawful for eSite.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website and service, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, eSite.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Swing Industries, Inc. officers or employees in respect of any losses you suffer in connection with the website.
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Swing Industries, Inc. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as eSite.com.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
