9. Content & Information
Advanced WP is not responsible for any of the Content you add, upload, post, transmit, email, link to, display, disseminate, or otherwise facilitate access to via the Services. You accept all responsibility for and risk associated with all Content you make available through or for inclusion on the Service, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such Content.
Furthermore, you warrant and represent that you possesses all legal right to, or have obtained all necessary permissions to use any and all Content you make available, use in connection with or provide to Advanced WP in connection with your use of the Service, and none of the Content you make available, use in connection with or provide to Advanced WP in connection with your use of the Service infringes on any right of any person, firm, entity or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to Advanced WP.
You understand and agree that Advanced WP is solely acting as a common carrier in its capacity of providing the Service hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by Customer (unless pursuant to any local, state or federal law, or any section of this Agreement). Advanced WP is not responsible nor pre-screens any of Customer’s website content. All material submitted for publication through the Service will be considered publicly accessible. Advanced WP does endorse nor screen in advance material submitted to Advanced WP for publication via the Service. Advanced WP’s publication of material submitted by Customer does not create any express or implied approval by Advanced WP of such material, nor does it indicate that such material complies with the terms of this Agreement.
9.2. No Backup Services
PLEASE READ THIS SECTION CAREFULLY!
We do NOT provide backup services, only backup tools. These tools are provided for your convenience only and are not to be relied upon in any way to maintain the integrity of your Content. Disasters, whether caused by hardware or software failure or disruptions to our server infrastructure, can and do happen. In no event shall Advanced WP be held responsible for losses arising out such downtime and/or a Client’s failure to maintain suitable offsite backups of their Content.
Notwithstanding the foregoing, on some occasions, and in certain circumstances, with absolutely no obligation and only as a courtesy, upon a Customer submitting an emergency restoration request, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we have backed up data for our own purposes. Advanced WP makes no guarantee that the data you need will be available. We may reject any emergency restoration request, at anytime, for any reason or no reason. We may also reject any emergency restoration request received during any period when the Account is past due, suspended, closed or under investigation for any breach of any section of this Agreement.
9.3. Copyright & Trademark Infringement
9.3.1. You may not use the Service in any manner that infringes upon any copyright or trademarks. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance or merit (or lack thereof). Advanced WP reserves the right, in its sole discretion, to close any Account for which Advanced WP receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.
9.3.2. Any person or party who wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email, fax or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney’s fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.
To email, send to firstname.lastname@example.org
To fax, send to +1 (778) 484-5541
To send via postal mail, send to:
Advanced WP Co.
Kelowna Innovation Centre
Attention: DMCA Compliance Officer
602-460 Doyle Avenue
Kelowna, BC. V1Y 0C2
9.3.3. In some cases, when we remove or disable access to material claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, that action may cause some elements or areas of your website or the Service to malfunction or become unavailable. In no event shall Advanced WP be held liable in any case and you are solely responsible for repairing or redressing such an issue.
9.3.4. If we are unable to immediately access Content claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, or if our attempt to remove or disable access to said Content or website is unsuccessful we may immediately suspend the website or Service upon which the Content is displayed. In any such case, you will not be permitted to re-enable or otherwise restore access to the website or Service until you have complied with all of the terms set out in our notice to you concerning the issue.
9.3.5. If any Content or website is disabled or removed pursuant to Advanced WP’s obligations as a service provider under the DMCA, or pursuant to any section of this Agreement, re-enabling or otherwise restoring access to that Content or website is prohibited until and unless you are otherwise notified by Advanced WP, via Support Request. In any event where the Content or website is re-enabled or otherwise restored (whether on the original Account or a different Account), absent Advanced WP’s express authorization as set forth in this Agreement, the Account will be closed with immediate effect and without prior or further notice.
9.3.6. You must immediately remove or disable access to any duplicative or derivative works of any Content or website Advanced WP may disable pursuant to any section of this Agreement, whether or not such Content has the same title, name or label as the offending Content, is in any other format, form, size or is in or on any other directory or location on our systems. Your failure to do so could subject you to civil liability pursuant to Canadian law, and could also result in the suspension or closure of the Account.
9.4. Data Protection
Services available to You that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services. Your Data, for the purpose of this Section, excludes any Content. Our Data Processing Addendum(“DPA”), which is hereby incorporated by reference and applicable to Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Services, meets with compliance under applicable data privacy laws.
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of this Agreement at the time of purchase of Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable).