TERMS OF USE

This document set out the legal terms and conditions (“Terms of Use”) applicable between you (“Client(s)” or “you”) and Cyberimpact Inc. (“CYBERIMPACT” or “us”) with respect to the use of its Cyberimpact e-mail transmission service (the «Cyberimpact Service») offered on this website (“Website“), so as to provide you with a service of quality that is equitable to all our clients.

Upon subscription to the Cyberimpact Service and by accessing this Website, you agree with all the terms and conditions described herein together with the Privacy Policy and Anti-Spam Policy displayed on this Website. You acknowledge having read and understood these terms and conditions which are applicable to you.

You should take note that CYBERIMPACT may modify these Terms of Use as well as the policies and directives displayed on this Website at all times, at its sole discretion. If changes are brought to the terms and conditions, you must accept such changes upon your next authentication with the Cyberimpact Service.

If you disagree with any of the Terms of Use or with any subsequent changes brought to them, you should refrain from using the services.

WE THEREFORE INVITE YOU TO CAREFULLY READ THESE TERMS OF USE BEFORE YOU REGISTER TO THE CYBERIMPACT SERVICE.

This agreement contains the terms and conditions applicable to the following matters:

  1. How do I access the Cyberimpact Service?
  2. What are clients’ commitments with respect to the Cyberimpact Service?
  3. What are the terms of payment?
  4. How is protected content treated?
  5. What are the remedies and indemnities in case of contravention?
  6. What is the compensation payable by the customer in favor of CYBERIMPACT?
  7. What are the effects of termination or cancellation of the agreement and can I recover my data?
  8. What are the guaranties offered through the Cyberimpact Service?
  9. What is Cyberimpact’s responsibility towards external Websites?
  10. What are the applicable laws and jurisdiction?
  11. Where can I file a complaint or report abuses?

1) HOW DO I ACCESS THE CYBERIMPACT SERVICE?

Registration; The Cyberimpact Service is only accessible to you upon registration in the appropriate form with CYBERIMPACT. If your registration is approved by CYBERIMPACT, you will receive a user name and pass word that will allow you to access the Cyberimpact Service and functionalities provided in this Website. Once registered, you may change your pass word by using the procedure to this end. You shall be responsible to maintain the confidentiality of your pass word.

Accuracy of the Information; In order to proceed with your registration as Client, CYBERIMPACT will collect some information from you. The information that you transmit in this regard shall be valid, complete and up to date.  Namely, you undertake to maintain your electronic address active for the entire duration of the contract with CYBERIMPACT for billing purposes. If you change address, you shall notify CYBERIMPACT by e-mail at assistance@cyberimpact.ca without delay.  If there is any reason to believe that the information provided by you is invalid, incomplete or outdated, CYBERIMPACT may, at all times, prevent you from accessing this Website or any of its functionalities, suspend your right to its use or put an end to it.  However, CYBERIMPACT has no obligation to verify the accuracy, validity or utility of the information that you transmit. As stated in our privacy policy, Informations about your account and your email blasts may be shared with the authorities responsible for law enforcement.

CYBERIMPACT reserves the right to refuse registration as a client to its Cyberimpact Service to any person under the age of majority that is 18 years of age for any resident of a Canadian province, and 21 years of age for a resident of the USA. Also, no bulk e-mailing shall be made to any internet user of less than 13 years of age without the written consent of his\her parents or legally acknowledged tutors. In case of any doubt on the evidence provided by a potential client upon registration, CYBERIMPACT reserves the right to request additional proof of identity or age.

2) WHAT ARE CLIENTS’ COMMITMENTS WITH RESPECT TO THE CYBERIMPACT SERVICE?

Prohibited Acts; You undertake, subject to any applicable sanction or right, not to accomplish or authorize the accomplishment of any of the following acts in connection with the use of the Cyberimpact Service:

  1. Reveal your password to a third party or be replaced by a third party not registered with the Cyberimpact Service;
  2. Post, link to or otherwise publish or transmit any information that is unlawful, threatening, abusive, harmful, libellous, pornographic or indecent or that infringes copyright or other rights of third parties or that contains any other form of illegal content;
  3. Post, link to or otherwise publish or transmit any information or claim with respect to drugs, medication, surgeries or treatments related to recreational sex or not essentially for therapeutic uses;
  4. Disguise the origin of any information transmitted;
  5. Impersonate any person or entity or misrepresent any affiliation with any person or entity;
  6. Post or transmit any information that contains software viruses, files or codes designed to interrupt, destroy, corrupt or limit the functionality of any website or computer software or equipment;
  7. Promote the sale of pirated products or services or considered contrary to any law in Canada;
  8. Transmit any false advertising implying extortion of a user or unauthorized advertising with respect to an individual or enterprise.

Identification of the Sender; You undertake to clearly display your trade name or your logo and address in your e-mails as sender of your electronic commercial message to your Recipients. To this effect, you undertake to use the system as conceived by Cyberimpact, which allows indentifying you as sender of your bulk e-mails. Moreover, you undertake not to act as an intermediary for the purpose of transmitting e-mails on behalf of another company (for your clients, for example) through the use of Cyberimpact.

No e-mail sent by the Cyberimpact Service shall contain in the “subject line” or in its content false or misleading information.

3) WHAT ARE THE TERMS OF PAYMENT?

Payment Terms; The cost of the Cyberimpact Service is payable by the Client on a monthly basis upon receipt of a bill for services. The Cyberimpact Service shall only be activated upon receipt of the initial subscription fee and first monthly payment. Late payment charges of 2 % per month shall be payable. If payment is not received within thirty (30) days from billing, access to the service shall be interrupted until payment is received and late payment penalties as shown of the bill shall be charged. CYBERIMPACT reserves the right to take all necessary measures in case of late payment, including definitive interruption of service, without further notice.

Failure to Pay; If a payment is returned with the notice “insufficient funds”, fees of $25 shall be payable to CYBERIMPACT. In case of failure to pay, CYBERIMPACT shall be entitled to suppress without notice all of the Client’s files from its server and close the Client’s account to allow use of the space by another client. If the Client wishes to reactivate his account, configuration fees shall be charged to the Client in addition to any payment due.

Refund Policy; CYBERIMPACT will provide a refund only if Cyberimpact terminate its service to the Client without cause before the end of a month for which the Client have paid. In no such case, CYBERIMPACT will refund a Client whose account has been closed due to the non-respect of the Anti-spam Policy displayed on this site.

If a Cyberimpact client wishes to put an end to their service, they must send a 30 day written notice to Cyberimpact.

4) HOW IS PROTECTED CONTENT TREATED?

Cyberimpact’s Intellectual Property; The Website’s content and services, the Website’s conception and layout together with the trade-marks displayed on the Website are owned by CYBERIMPACT and/or its partners and are protected by the laws on copyright, trade-marks, unfair competition and by all other applicable laws, as the case may be, and may not be copied or retransmitted, in whole or in part, without CYBERIMPACT’s express authorization.

Limited Use Licence; You are authorized to use this Website within the limits expressly provided in these Terms of Use. You may not use this Website for any other purpose without the express written consent of CYBERIMPACT. You may not create any hyperlink to this Website or use this Website in association with any third party trade-mark so as to induce belief in an endorsement or association with this Website or with CYBERIMPACT.

Content Transmission; When you transmit content as part of the Cyberimpact Service, whether it is text, pictures, audio or video files or any other form of content, (“Content”) you assume complete responsibility in regards to this Content.  You declare that you are the author of this Content and rightful owner of any rights attached to it, or else, you declare having sought all necessary authorizations in the appropriate form allowing the use of this Content in compliance with the present Terms of Use.

5) WHAT ARE THE REMEDIES AND INDEMNITIES IN CASE OF CONTRAVENTION?

Sanctions in case of Default; In any situation where CYBERIMPACT has good reasons to believe that you have failed to meet anyone of your obligations as provided herein, CYBERIMPACT reserves the right, in its sole discretion, to temporarily or definitely suspend your access to the Website and/or the Cyberimpact Service or some of its features, and to take any measure deemed appropriate in the circumstances.  Such measures may include, without limitation, cancellation of your Cyberimpact Service contract and transmission of any illegal content to proper authorities. CYBERIMPACT, without any obligation on its part, reserves the right to give you notice of your default, by e-mail or by any other means, and provide you with the opportunity to correct it.  In the event of rules of ethics and conduct governing the Cyberimpact Service or in case of default on your part, CYBERIMPACT will keep you last payment made for the Cyberimpact Service and you shall not be entitled to reimbursement of any amount paid in relation to the service.

6) WHAT IS THE COMPENSATION PAYABLE BY THE CUSTOMER IN FAVOR OF CYBERIMPACT?

Indemnity; You undertake to indemnify and hold CYBERIMPACT and its employees, agents, rights holders, representatives and/or business partners, as the case may be, harmless against any liability, loss, damage, cost or expense of any kind, (including reasonable attorneys’ fees), arising out of or in connection with any claim, action or proceeding made or brought against CYBERIMPACT as a result of your breach of any of your obligations under these Terms of Use, based on copyright violation, application of any other relevant law or agreement or any third party injury, including any pecuniary or other damages resulting from the accomplishment of any prohibited act mentioned in section 2 of the present Terms of Use.

CASL Violation; WITHOUT LIMITING THE FOREGOING, YOU ASSUME RESPONSIBILITY TO ADOPT PRACTICES AND BEHAVIORS COMPLIANT WITH C-28: CANADIAN ANTI-SPAM LAW (“CASL”) OR ANY OTHER LAW OR REGULATION APPLICABLE TO ONLINE MARKETING OR CONTENT OF COMMERCIAL MESSAGES.

ACCORDINGLY, YOU AGREE TO DEFEND AND HOLD HARMLESS CYBERIMPACT, ITS DIRECTORS AND OFFICERS OF ALL CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES THAT MAY BE INCURRED BY CYBERIMPACT), DAMAGE, JUDGMENT, PENALTY, FINE OR LIABILITY OF ANY NATURE ARISING DIRECTLY OR INDIRECTLY, OF ANY CLAIM, COMPLAINT OR RECOURSES UNDERTAKEN I) BY RECIPIENTS ARISING FROM UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES SENT BY THE CLIENT WHILE USING THE Cyberimpact SERVICE. OR II) BY ANY GOVERNMENTAL AUTHORITY ARISING FROM NON-COMPLIANCE WITH CASL OR ANY OTHER LAW OR REGULATION APPLICABLE TO ONLINE MARKETING OR CONTENT OF COMMERCIAL MESSAGES.

Notice of Third Party’s Default; In addition, you undertake to give notice to and collaborate with CYBERIMPACT if you should be made aware of any illegal or forbidden activity as described herein.

7) WHAT ARE THE EFFECTS OF TERMINATION OR CANCELLATION OF THE AGREEMENT AND CAN I RECOVER MY DATA?

For a paid account:

  • The Customer’s account will be blocked for a period of 30 days and sending of commercial emails is not possible;
  • The Customer must have paid any amount due to CYBERIMPACT to qualify for the export of its data relating to members (email address, subscription profile history);
  • The Customer has 30 days to export its data, download using the “export” function, said data being then provided in an Excel file;
  • The unsubscribe links on recently sent emails remain valid for 60 days after termination or cancellation of the Client’s agreement;
  • In case of unsubscription by a Recipient during this follow-up period, CYBERIMPACT will send to the Customer a copy of the email that the unsubscribed person has received and Customer shall amend and remove himself this recipient from the address list. CUSTOMER ASSUMES FULL LIABILITY FOR HIS UPDATED LIST OF ADDRESSES AFTER RECEIPT OF THE UNSUBSCRIBE EMAIL FROM CYBERIMPACT.
  • THE CUSTOMER AGREES TO DEFEND AND HOLD HARMLESS CYBERIMPACT AND ITS DIRECTORS AND OFFICERS OF ANY CLAIM, DEMAND, LOSS, COST AND EXPENSE (INCLUDING REASONABLE ATTORNEYS ‘FEES WHICH MAY BE INCURRED BY CYBERIMPACT), DAMAGES FOR JUDGMENT , PENALTY, FINE OR LIABILITY OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY, FOR ANY CLAIM, ACTION, COMPLAINT OR UNDERTAKEN BY I) RECIPIENTS DUE TO UNSOLLICITED ELECTRONIC MESSAGES TRANSMITTED BY CUSTOMER AFTER THE RECEIPT OF AN EMAIL FROM CYBERIMPACT CONFIRMING THE UNSUBSCRIBTION BY THE RECIPIENT OR II) BY ANY GOVERNMENT AGENCY SUCH AS THE CRTC OR THE COMPETITION BUREAU ARISING FROM THE SENDING OF UNSOLLICITED COMMERCIAL EMAILS SENT BY THE CUSTOMER AFTER THE RECEIPT OF EMAIL FROM CYBERIMPACT CONFIRMING THE UNSUBSCRIPTION OF THE RECIPIENT.
  • On expiry of the retention of 30 days to recover data, remove CYBERIMPACT WILL DELETE AND SUPPRESS FROM ITS systems Customer data. CUSTOMER ACKNOWLEDGES THAT CYBERIMPACT HAS NO OTHER OBLIGATION TO KEEP OR SAVE THE CUSTOMER DATA EXCEPT EXPRESSED ABOVE TERMS AND CYBERIMPACT ASSUMES NO LAIBILITY FOR THE SUPPRESSION OF CUSTOMER DATA IN ACCORDANCE WITH THE PRESENT AGREEMENT.

For a free account:

  • The Customer’s account will be blocked for a period of 30 days and sending of commercial emails is not possible;
  • The Customer has 30 days to export its data, download using the “export” function, said data being then provided in an Excel file;
  • The unsubscribe links on recently sent emails remain valid for 60 days after termination or cancellation of the Client’s agreement;
  • In case of unsubscription by a Recipient during this follow-up period, CYBERIMPACT will send to the Customer a copy of the email that the unsubscribed person has received and Customer shall amend and remove himself this recipient from the address list. CUSTOMER ASSUMES FULL LIABILITY FOR HIS UPDATED LIST OF ADDRESSES AFTER RECEIPT OF THE UNSUBSCRIBE EMAIL FROM CYBERIMPACT.
  • THE CUSTOMER AGREES TO DEFEND AND HOLD HARMLESS CYBERIMPACT AND ITS DIRECTORS AND OFFICERS OF ANY CLAIM, DEMAND, LOSS, COST AND EXPENSE (INCLUDING REASONABLE ATTORNEYS ‘FEES WHICH MAY BE INCURRED BY CYBERIMPACT), DAMAGES FOR JUDGMENT , PENALTY, FINE OR LIABILITY OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY, FOR ANY CLAIM, ACTION, COMPLAINT OR UNDERTAKEN BY I) RECIPIENTS DUE TO UNSOLLICITED ELECTRONIC MESSAGES TRANSMITTED BY CUSTOMER AFTER THE RECEIPT OF AN EMAIL FROM CYBERIMPACT CONFIRMING THE UNSUBSCRIBTION BY THE RECIPIENT OR II) BY ANY GOVERNMENT AGENCY SUCH AS THE CRTC OR THE COMPETITION BUREAU ARISING FROM THE SENDING OF UNSOLLICITED COMMERCIAL EMAILS SENT BY THE CUSTOMER AFTER THE RECEIPT OF EMAIL FROM CYBERIMPACT CONFIRMING THE UNSUBSCRIPTION OF THE RECIPIENT.
  • On expiry of the retention of 30 days to recover data, remove CYBERIMPACT WILL DELETE AND SUPPRESS FROM ITS systems Customer data. CUSTOMER ACKNOWLEDGES THAT CYBERIMPACT HAS NO OTHER OBLIGATION TO KEEP OR SAVE THE CUSTOMER DATA EXCEPT EXPRESSED ABOVE TERMS AND CYBERIMPACT ASSUMES NO LAIBILITY FOR THE SUPPRESSION OF CUSTOMER DATA IN ACCORDANCE WITH THE PRESENT AGREEMENT.

8) WHAT ARE THE GUARANTIES OFFERED THROUGH THE Cyberimpact SERVICE?

Cyberimpact’s Undertakings; CYBERIMPACT undertakes to make its best efforts and act in conformity with state of the art rules as recognized in the information technology industry so as to ensure suitable operation of its Website and continuous access to the Cyberimpact Service.

Limitation of Warranty; Given the unpredictability of the Internet network and to the extent allowed under applicable laws or regulations, CYBERIMPACT offers no guarantee whatsoever in regards to the technical or commercial performance of this Website. More precisely, CYBERIMPACT offers no guarantee that the services offered via this Website will respond perfectly to your expectations or will be exempt from interruptions, safe or deprived of any error and that any defect identified in the features offered or the software used, as the case may be, will be corrected. You shall be solely responsible for any damages to your computer or any loss of data resulting from the download of any material through this Website.

USER EXPRESSLY AGREES THAT CYBERIMPACT SHALL NOT BE LIABLE-FOR ANY DAMAGE-INTERESTS REGARDLESS OF THE CAUSE OF ACTION, WHETHER CONTRACTUAL OR EXTRACONTRACTUAL WHICH WOULD EXCEED FEES PAID BY THE USER FOR THE CURRENT ANNUAL PERIOD IN RELATION WITH THE Cyberimpact SERVICE. USER ACKNOWLEDGES THAT THE PRESENT PROVISION CONSTITUTES HIS EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THE PRESENT AGREEMENT

Limitations with respect to Content and Other Matters; CYBERIMPACT shall in no event be held responsible, in any manner whatsoever, in regards to the content of any e-mail transmitted, business results achieved or potential Client’s problem with the use of the Cyberimpact Service.

9) WHAT IS CYBERIMPACT’S RESPONSIBILITY TOWARDS EXTERNAL WEBSITES?

Hyperlinks to External Websites; CYBERIMPACT is not liable for the content of other websites available through hyperlinks from this Website (hereinafter “Linked Sites”), such Linked Sites having been created by third parties. CYBERIMPACT does not act as an editor or publisher of the material contained in these Linked Sites. CYBERIMPACT is not affiliated with and does not endorse the Linked Sites, the owners or operators of the Linked Sites or the products and/or services made available on these sites. This Website is not sponsored by the Linked Sites or their owners or operators. Your navigation to these Linked Sites and their marking as bookmarks are your sole responsibility.

Hyperlinks to this Website; CYBERIMPACT reserves the right to forbid the use of hyperlinks to this Website if the surrounding context in which the hyperlink is used is harmful to the honor, reputation or commercial interest of CYBERIMPACT.

10) WHAT ARE THE APPLICABLES LAWS AND JURISDICTION?

These Terms of Use of the Website shall be governed by, and executed and construed in accordance with, the laws of the Province of Quebec. The parties agree that the courts of Quebec, Canada, have exclusive jurisdiction over any dispute, claim or action in connection with these Terms of Use.

11) WHERE CAN I FILE A COMPLAINT OR REPORT ABUSES?

Any complaint or abuse noticed on CYBERIMPACT’s servers must be sent by e-mail to abus@cyberimpact.com or at the following address:

CYBERIMPACT
3115 de la Pinière blvd., office 330
Terrebonne, Quebec
Canada
J6X 4P7
1 855 964-0868