End User Agreement RBS and Related Services - Rogers Yahoo! Hi-Speed Internet

End User Agreement
Rogers Business Solutions and Related Services

Rogers Cable Communications Inc. ("Rogers") and Yahoo! Inc. ("Yahoo!") (Rogers and Yahoo! are collectively referred to as "we" or "our") are pleased to provide certain Internet services to you subject to the terms and conditions of this agreement (including its schedules) ("Agreement"). As a condition of using the Services, you agree to and must comply with these terms and conditions. "You" and your" means you and every person who uses the Services through your computer(s). If these terms and conditions are inconsistent with the Acceptable Use Policy posted on www.rogers.com ("AUP") or any additional terms, the terms and conditions of this Agreement prevail. Your use of the Services means you agree to these terms and conditions. If you do not agree to these terms and conditions, your sole and exclusive remedy is to discontinue your use of the Services.

Services.

Rogers provides Rogers Business Solutions, a commercial suite of various tiers of cable Internet access services and related services for commercial use, including Web Hosting Services and Domain Name Services, and certain equipment. If you require, Rogers will provide you with this equipment for your use of the Services (the "Equipment"). These Rogers services (including the Equipment) are collectively referred to as "Rogers Business Solutions". Additionally, Yahoo! provides various communications tools, personalized content and other programming provided through Yahoo!'s network of properties that are available to you at the rogers.yahoo.com website ("Rogers Yahoo! Services"). The Rogers Business Solutions services and the Rogers Yahoo! Services you subscribe for are collectively referred to as the "Services". For a detailed description, please visit www.rogers.com. When using the Services, you may be subject to additional terms. If you subscribe for the Rogers Business Solutions web hosting services ("Web Hosting Services") and/or the Rogers Business Solutions domain name services ("Domain Name Services" you agree to and must comply with the terms of service set forth in Schedule "A" (Web Hosting Terms of Service) and Schedule "B" (Domain Name Terms of Service), as applicable.
Equipment and Software Requirements

In order to use the Services, your equipment and software must meet the minimum requirements communicated by us to you from time to time. Unless you update your equipment and software, it may cease to be adequate to access the Services in which case your sole and exclusive remedy is to discontinue your use of the Services.
Agreement to Pay.

You will pay Rogers the applicable installation, administrative and Services fees, any applicable Early Cancellation Fee, as well as any cable modem rental fees and any other fees identified to you upon placing your order for the Services, together with all taxes. If you exceed website space and/or traffic limits established by Rogers from time to time, you may also be required to pay us an additional fee, per occurrence. If you subscribe for services billed by Yahoo!, you will pay Yahoo! in accordance with its billing terms. Rogers and Yahoo! may change the fees from time to time. You can incur many charges on the Internet using the Services. Neither Rogers nor Yahoo! is responsible for any charges or taxes you incur. You authorize Rogers to charge your credit card (if you have provided this information) or use another authorized payment method to collect amounts due, including costs set out in Sections 4, 13(a) and 19. You will promptly notify Rogers of any changes to your credit card account, billing address or any other information that may prevent payment collection.
Use of the Service(s).

You must comply with applicable laws and all Rogers and Yahoo! policies. Without limitation, you may not use the Services (including the Equipment) to directly or indirectly:

a. access the Internet via the Services using an IP address other than the dynamic IP addresses assigned to you by Rogers;

b. invade another person's privacy or collect or store personal data about other users; "stalk" or otherwise harass another; harm minors; unlawfully use, possess, post, upload, transmit, disseminate or otherwise make available obscene, profane or pornographic material; post, upload, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, upload, transmit, disseminate or otherwise make available objectionable information, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;

c. access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as "packet sniffers";

d. upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright, or other proprietary or contractual right (such as a nondisclosure agreement), or related derivative works, without obtaining permission of the copyright owner or rightholder;

e. copy, distribute, sublicense or otherwise make available any software we provide or make available to you, except you may make one copy of each software program for back-up or archival purposes only;

f. alter, modify or tamper with the Services (including the Equipment);

g. restrict, inhibit or interfere with the ability of any person to use or enjoy the Internet, the Services (including any Equipment), or create an unusually large burden on our networks, including without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail ("spam"); or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information;

h. disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver the Services (including any Equipment);

i. interfere with computer networking or telecommunications service to or from any Internet user, host or network, including but not limited to denial of service attacks, overloading a service, improper seizure or abuse of operator privileges ("hacking") or attempting to "crash" a host;

j. resell or use the Services (including any Equipment) for anything other than your own purposes. Without limitation, you may not use the Services to provide Internet access or any other feature of the Services to any third party;

k. operate a server in connection with the Services that is not secure; causes interference with our network, including, but not limited to, any server that uses DHCP, DNS, TFTP or TOD protocols, or any IP routing protocols' advertisement or broadcast message (including IRDP and CRDP); permits anonymous or pirate log-ins; has open mail relay; resells the Services or any feature thereof; and/or violates any other provision of this Section 4;

l. impersonate any person or entity, including, but not limited to, a Rogers or Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Multiple Users.

You agree to cause all persons who use the Services through your computer to observe and comply with the terms and conditions of this Agreement respecting such use. You further agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Services by you or by any other user using your computer, whether or not authorized by you.
Your Responsibility for Security.

You are solely responsible for taking necessary precautions to protect yourself and your equipment, software, files and data against any risks inherent in the use of the Internet. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to your failure to take appropriate security measures when using the Services.
Our Rights.

a. Services-related Information. We may send you Services-related information by e-mail and your continued use of the Services means you agree to it.

b. General Practices and Limits of Use. From time to time, Rogers or Yahoo! may establish general practices and limits concerning use of the Services, and may make modifications or updates to the Services or to your equipment or software. Your continued use of the Services means you agree to them.
Customer Information.

a. Credit Inquiries. You authorize Rogers to request and obtain credit history information from others. You authorize Rogers to disclose credit history information regarding you and your Rogers account to others. Pending approval of your credit, Rogers may require you to provide a security deposit.

b. Disclosure for Promotional and Other Purposes. Your account information may, from time to time, be disclosed to other members of the Rogers Communications organization and to its agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by Rogers that may interest you. If you do not wish to receive offers or information from related Rogers companies, please contact Rogers at business.solutions@rci.rogers.com.

c. Privacy Policies. Information about you is subject to the respective privacy policies of Rogers and Yahoo!. For more information, see the privacy policies at www.rogers.yahoo.com/privacy.
Access to Your Premises.

You authorize Rogers and its employees, agents, contractors and representatives to enter your premises to install, maintain, inspect, repair or remove the Equipment. Rogers will perform these services at a mutually agreed time.
Relocating Equipment.

You may not relocate the Equipment. If you move to a new location, you must notify Rogers using the notification procedure in Section 22. Rogers will relocate the Equipment for you at a mutually agreed time and Rogers may charge you relocation fees. If your premises are not located in a Services-ready area, Rogers cannot make the Services available to you.
Back-up Requirements.

The installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to your computer or other equipment. You should back-up your computer files by copying them to another storage medium prior to installation of the Equipment.
Non-recommended Configuration

You acknowledge that we have informed you of the recommended minimum hardware and software requirements for the efficient operation of the Services. If you proceed with the installation of the Services on one or more computers that do not meet the recommended minimum requirements, you will not be entitled to receive customer support relating to any issues other than the quality of the signal delivered to your cable modem.
Ownership.

a. Equipment. . Rogers or its licensors owns all Equipment. You may not mortgage, sell, lease, encumber or assign the Equipment. You will take reasonable steps to protect the Equipment. You will pay the full retail cost to repair or replace any lost, stolen, unreturned, damaged, mortgaged, sold, leased, encumbered or assigned Equipment, together with any costs Rogers incurs in obtaining or attempting to obtain possession of the Equipment.

b. Ownership of Addresses. You do not own any addresses provided to you, including, but not limited to IP addresses, e-mail addresses and personal web page addresses. These addresses may be modified, changed or removed without notice to you. You are permitted to use (but not register with any organization) only those IP addresses provided to you.

c. Software or Documentation Provided by Us. Any software or documentation we provide to you remains our property or that of our respective licensors. You will take reasonable steps to protect any software or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of this Agreement.
Your Equipment and Software

If Rogers damages your computer hardware as a result of its gross negligence, and you notify us in writing within 2 weeks, Rogers will pay for the repair or replacement of the damaged parts up to a maximum of $3,000. Neither Rogers nor Yahoo! are responsible for any damage to or loss or destruction of any software, files or data. You may not bring any claim, suit or proceeding against Rogers or Yahoo! more than one year after the cause of action arose.
Rogers Business Solutions Web Pages.

You represent, warrant and covenant that all texts, diagrams, illustrations, audio clips, related materials and other content that you publish or display on web pages located on our world wide web server are suitable for publication, are not libelous or defamatory, do not breach the intellectual property rights (including, without limitation, copyright) of any third party and comply with all laws, regulations, court orders and other legal requirements.
Content and Port Blocks.

a. Content. Neither Rogers nor Yahoo! has an obligation to monitor any content or your use of our networks; however, we may monitor or investigate content or your use of our networks. We may also access, preserve or disclose information to, comply with legal process in Canada or foreign jurisdictions; operate the Services; ensure compliance with this Agreement, the AUP or any additional terms; or protect ourselves, our subscribers and the public. We reserve the right to move, remove or refuse to post, any information or materials, in whole or in part, that we decide are unacceptable, undesirable, or in violation of this Agreement.

b. No Responsibility for Content. You may find content accessible through the Services offensive, or not in compliance with applicable law. For example, it is possible to access content that is pornographic, obscene, or otherwise inappropriate, particularly for children. We assume no responsibility for and exercise no control over the content contained on or accessible through the Services. Content you access or transmit using the Services is accessed and transmitted at your own risk, and we are not liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to your access to or transmission of this content.

c. Content Submitted for Inclusion on the Services. Neither Rogers nor Yahoo! owns content you make available for inclusion on the Services. However, with respect to content you make available for inclusion on publicly accessible areas of the Services, you grant Rogers and Yahoo! the following world-wide, royalty-free and non-exclusive licenses, as applicable:

(i) with respect to content you make available on publicly accessible areas of Rogers Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display this content on the Rogers Yahoo! Services solely for providing and promoting the specific Rogers Yahoo! Group. This license exists only for as long as you include content on the Rogers Yahoo! Services and terminates at the time you remove or we remove your content from the Rogers Yahoo! Services.

(ii) with respect to photos, graphics, audio or video you make available on publicly accessible areas of the Rogers Yahoo! Services other than Rogers Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display content on the Rogers Yahoo! Services solely for the purpose for which it was made available. This license exists only for as long as you include content on the Rogers Yahoo! Services and terminates when you remove or we remove your content from the Rogers Yahoo! Services.

(iii) with respect to content other than photos, graphics, audio or video you make available on publicly accessible areas of the Rogers Yahoo! Services other than Rogers Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your content and to incorporate it into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Rogers Yahoo! Services are those areas of the Rogers Yahoo! Services that are intended by us to be available to the general public. By way of example, publicly accessible areas of the Rogers Yahoo! Services would include message boards and portions of Rogers Yahoo! Groups that are open to both registered members and visitors. However, publicly accessible areas of the Rogers Yahoo! Services would not include portions of Rogers Yahoo! Groups that are limited to members and services intended for private communication, including but not limited to mail and instant messenger.

d. Port Blocks

You agree that we may from time to time block specific ports to ensure the integrity and security of our network and that we are not liable for any claims, losses, actions, damages, suits or proceedings relating to such activities.
Termination

a. Termination Rights. You may terminate this Agreement at any time by providing us with no less than 24 hours written notice. You may terminate one or more services you have subscribed for at any time by providing us with no less than 5 business days written notice. If you breach any term or condition of this Agreement, this Agreement and the Services may be terminated immediately without notice to you. Otherwise, this Agreement may be terminated upon 30 days written notice to you.

d. Fixed Term for Services, Early Cancellation Fee.

If you have subscribed for the Services for a fixed term and the Services are terminated prior to the end of the fixed term, for any reason, you will pay Rogers the Early Cancellation Fee as liquidated damages and not as a penalty. "Early Cancellation Fee" means the difference between the monthly Services fees for a month by month subscription and the monthly Services fees for your fixed term subscription multiplied by the number of months of the fixed term that have elapsed. Rogers may waive the Early Cancellation Fee if you migrate to another Rogers Internet service that has a term at least as long, and monthly Services fees no lower than, the fixed term Services subscription in question. Rogers will waive the Early Cancellation Fee if you terminate your fixed term early as a result of a material change in the Services that is adverse to you. If your fixed term subscription for the Services is not cancelled by you within 30 days of the expiry of the fixed term, we will continue to provide the Services to you on a month by month basis in accordance with the provisions of this Agreement, at the then applicable month by month Services rate.

c. Your Obligations On Termination Upon termination of this Agreement:

(i) you will pay Rogers in full for the Services up to the termination date, or the date on which the Services are disconnected and all Equipment has been returned to Rogers (in good working condition, subject to normal wear and tear), whichever date is later. You must pay Rogers for the Services for any portion of a month on a pro-rated basis;

(ii) you will pay Rogers any applicable Early Cancellation Fee;

(iii)you will pay Yahoo! in full for any amounts billed by and directly owing to Yahoo! at the termination date; and

(iv) you will return all Equipment to Rogers, and you will return or destroy all copies of any software or documentation provided to you by Rogers or Yahoo!. You will permit Rogers or its agents to access your premises at a mutually agreed time to remove the Equipment and other material we provided.
Services Provided "As Is

THE SERVICES, EQUIPMENT AND ANY SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. WITHOUT LIMITATION, NEITHER ROGERS NOR YAHOO! WARRANTS THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET, YOUR CONNECTION TO THE INTERNET, EQUIPMENT, THE SERVICES (INCLUDING THE WEB HOSTING SERVICES AND DOMAIN NAME SERVICES), OR ANY SOFTWARE PROVIDED BY ROGERS, YAHOO! OR THEIR RESPECTIVE LICENSORS. YOU BEAR THE ENTIRE RISK AS TO USE OF THE SERVICES, EQUIPMENT AND ANY SOFTWARE AND THE AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, QUALITY AND PERFORMANCE OF THE SERVICES, EQUIPMENT, AND ANY SOFTWARE AND THE RESULTS OBTAINED FROM USE OF THE SERVICES, EQUIPMENT AND ANY SOFTWARE. WE DO NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU (WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. WE DO NOT MAKE EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, EQUIPMENT, ANY SOFTWARE OR ANY MERCHANDISE, INFORMATION OR SERVICE AVAILABLE ON THE INTERNET OR THROUGH THE SERVICES. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROGERS, OR YAHOO! OR FROM THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Indemnification.

You will indemnify and hold harmless Rogers, Yahoo! and each of our affiliates, licensors, suppliers and agents (and their respective employees, officers, directors and representatives) from and against any claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Rogers, Yahoo! or each of our affiliates, licensors, suppliers or agents relating to: (a) your breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (b) your use of or inability to use the Services (including the Web Hosting Services and Domain Name Services); (c) any content, or software submitted, displayed, posted or distributed by you using the Services; or (d) your violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party.
Limitation of Liability.

Except as provided for in Section 14, neither Rogers nor Yahoo! will be liable to you or to any third party for:

a. any direct, indirect, incidental, special, punitive or consequential losses or damages, including: loss of profits; loss of earnings; loss, theft, destruction, interception, misdelivery or alteration of data or other information; loss of business opportunities; property damage; personal injuries (including death); or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement, the Services, any equipment or software, or any oral or written statements, advertisements or promotions relating to this Agreement or to the Services, even if Rogers or Yahoo! was advised of the possibility of damages or was negligent; and

b. any losses, claims, damages, expenses, liabilities or costs (including legal fees and court costs) resulting directly or indirectly out of any claim that the use or intended use of the Services, any equipment or software infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.

These limits apply to any act or omission of Rogers, Yahoo!, their respective officers, employees, affiliates, agents or suppliers, whether or not the acts or omissions would otherwise give rise to claims or causes of action in contract, tort, pursuant to statute or pursuant to any other doctrine of law.
Arbitration.

Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement (including relationships with third parties who are not signatories to this Agreement) (collectively the "Claim"), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). You waive any right you may have to commence or participate in any class action against Rogers or Yahoo! related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Rogers or Yahoo!.

If you have a Claim you should give written notice to arbitrate at the address specified in Section 22. If Rogers or Yahoo! has a Claim they will give you notice to arbitrate at your billing address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as mutually agreed, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province of Ontario that are in effect on the date of the notice to arbitrate.
Contact Address.

To contact Rogers, call 1-800-934-3225, send an e-mail to business.solutions@rci.rogers.com, or send written notice to Manager, Customer Care, Rogers Business Solutions, 855 York Mills Road, Don Mills, Ontario, M3B 1Z1. To give notice to Yahoo! of a Claim, send written notice to Yahoo! Inc., 701 First Avenue, Sunnyvale, California 94089.
Amendment.

We may modify this Agreement without your consent. We will notify you of modifications by posting change notices on www.rogers.com, or by sending notice via e-mail or postal mail. You can review the most current version of this Agreement at www.rogers.com. Your continued use of the Services means you agree to the amendments. If you do not agree to any modification of this Agreement, you must immediately stop using the Services and notify us you are terminating this Agreement.
Governing Law.

This Agreement is governed exclusively by the laws of the province in which you are using the Services.
Trademark Information.

ROGERS BUSINESS SOLUTIONS HI-SPEED INTERNET marks are trademarks and/or registered trademarks of Rogers Communications Inc. ("RCI"), used under license. Without the express prior permission of RCI, you agree not to display or use in any manner any of the foregoing trademarks or any other trademarks of RCI. YAHOO!., the Yahoo! logos, and other Yahoo! product and service names and logos (the "Yahoo! Marks") are the trademarks and/or registered trademarks of Yahoo! Inc. Without Yahoo!'s express prior permission, you agree not to display or use in any manner any Yahoo! Mark. All other brand names may be trademarks or registered trademarks of their respective owners.
General.

This Agreement (including its schedules), the AUP, any Rogers Business Solutions order form, any end user license agreements for software we provide that forms part of the Services, any completed and signed Pre-Authorized Payment form, invoice terms and any additional terms, all as amended from time to time, constitute the entire agreement and supersede all prior agreements, written or oral. The obligations of Rogers and Yahoo! are several and not joint. If any portion of this Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of this Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of this Agreement. You may not assign or transfer this Agreement. This Agreement enures to the benefit of and is binding on you and us and our respective successors and assigns. The provisions of Sections 3, 4, 5, 8, 9, 13, 14, 16, 17(c), 18, 19, 20, 21, 22, 24, 25 and 26 survive termination or expiration of this Agreement.

SCHEDULE "A"
WEB HOSTING TERMS OF SERVICE

As a condition of using the Web Hosting Services, you must comply with the following terms of service:

You agree that your use of the Web Hosting Services will not exceed the space and traffic limits for the applicable package you have selected. For greater certainty, website traffic includes all incoming traffic to your website. If you exceed these limits, Rogers may, in its sole discretion, assess you with additional charges, suspend some or all of the Services (including without limitation, the Web Hosting Services) or terminate the Agreement.
You represent, warrant and covenant that: (i) you have acquired or will acquire all authorization(s) necessary for hypertext links to third party websites or other content accessible from your website; (ii) you have verified or will verify the accuracy of materials distributed or made available for distribution via your website, including without limitation, the content, descriptive claims, warranties, guarantees, nature of business and address where business is conducted; (iii) the content you display on your website is suitable for publication, is not libelous or defamatory, does not breach intellectual property rights (including without limitation, copyright of any third party) and complies with all laws, regulations, court orders and other legal requirements; (iv) you are solely responsible for fulfillment of purchase orders and delivery of all products, services and information purchased or requested through your website and any and all collection activity, customs duties and local taxation requirements in respect thereto; (v) you have not and will not engage in any deep linking, framing, or use of robots, spiders, web crawlers or other intelligent agents in order to copy, use, display or distribute any content, data, software or technology owned or in the possession of a third party without the permission of such third party; and (vi) you have not and will not use, display or otherwise incorporate as part of your website or any domain name used in association therewith (including without limitation, as a metatag) any trademark, trade name, individual's name or other content in which a third party owns intellectual property, personality or privacy rights without the permission of such third party or with the intention of diverting or attracting users searching for or attempting to reach another website.
You agree that you are solely responsible for keeping copies of all content, software or other components of your website and that neither Rogers nor its affiliates, licensors, suppliers or agents shall have any responsibility or liability for any such lost content, software or other components of your website, even if such loss is the fault of Rogers or its affiliates, licensors, suppliers or agents.
You agree that all material, data and other content placed on our equipment is in a condition that is "server-ready" and is in a form requiring no further manipulation by Rogers or its affiliates, licensors, suppliers or agents. Rogers will make no effort to validate any such information for content, correctness or usability. In the event that any material, data or content is not "server-ready", Rogers reserves the option at any time to reject such material, data and/or content. Rogers will notify you of such rejection in advance and provide you with a reasonable opportunity to amend or modify the material, data and/or content to satisfy its requirements.
All materials, including, but not limited to, any computer software (in object and source code form), data or information developed or provided by Rogers or by its affiliates, licensors, suppliers or agents and any know-how, methodologies, equipment or processes used by Rogers to provide the Web Hosting Services to you, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein shall remain the sole and exclusive property of Rogers or its affiliates, licensors, suppliers or agents, as applicable. No express or implied license is granted by Rogers to you for such materials or intellectual property.
Rogers reserves the right, in its sole discretion, to suspend or terminate your web hosting account immediately upon notice to you if: (i) Rogers determines that you are adversely affecting server performance or the integrity of the network; (ii) your domain name registration is revoked or placed on "hold" or assigned to a third party; or (iii) Rogers becomes aware of any complaints, conflicting claims or court orders regarding your domain name.
The provisions of Sections 2, 3, 4 and 5 of this Schedule "A" will survive termination or expiration of the Agreement.

SCHEDULE "B" DOMAIN NAME TERMS OF SERVICE

As a condition of using the Domain Name Services, you must comply with the following terms of service:

Rogers is not a domain name registry. You agree that you are responsible for all applicable registration fees charged by any DNS registration authority for these services. You further agree that the inability to use a domain name shall not entitle you to a refund by Rogers of any fee paid with respect to such unusable domain name.
You represent, warrant and covenant that: (i) any domain name requested or used by you will not interfere with the rights of, or infringe upon any trademark, trade name, copyright, personality right, privacy right or other right of a third party; (ii) all statements made on your domain name application are true and correct; and (iii) you have a legitimate business purpose for registering and using the domain name and you will not use the domain name in bad faith.
Rogers reserves the right to terminate the provisioning of the Domain Name Services immediately upon written notice to you if: (i) your domain name registration is revoked or placed on "hold" or assigned to a third party; or (ii) Rogers becomes aware of any complaints, conflicting claims or court orders regarding your domain name.
You agree to be bound by the terms of the Internet Corporation for Assigned Names and Numbers (ICANN) and the Canadian Internet Registration Authority's (CIRA) then current domain name policies, as applicable, and/or the policies of any DNS registration authority to which you become subject upon registration of your domain name.