Use policies for !facto services
Page modified on July 20, 2021.
1. Legal name. On November 30, 2004 !factoNET inc. was sold to !facto inc. Customers related to usage policies of !factoNET inc. are automatically linked with the usage policies of !facto inc. and the same terms and conditions apply. !factoNET is a name owned by !facto inc.
2. Policies of Service. Using !facto inc. services and its websites < https://ifacto.com, https://clients.ifacto.com, https://panel.ifacto.com, https://mail.ifacto.com > you agree to comply with the procedures and policies set forth herein.
3. General terms of the policy. !facto inc. agrees to provide the requested services to the Client which are listed in the Packages section on its website. !facto inc. agrees to provide all reasonable efforts to ensure the best possible service to the customer.
4. Prices. Prices of all services provided by !facto inc. are displayed in the Packages section on the !facto website. These prices are subject to change without notice, without being applied retroactively.
4.1 Domain names prices. The prices of domain names are displayed in ou Complete price list. The costs shown are for the registration of a new domain name, renewal and restoration costs (if your domain has expired and was not renewed in the renewal grace period, it will be deleted from the system. If you still wish to renew it, the domain could be restored, but an additionnal feemay be required since this is a manual operation. However, recovery is not guaranteed).
Since our suppliers are all in US dollars, depending on the exchange rate, our prices may be adjusted accordingly. We will do our best to notify you in advance of any substantial increase. However, prices may be adjusted without notice if the difference is minor.
4.1.1 Domain names renewals. When a domain name expires, you will automatically receive by email some notices. ICANN ask to send you notices one month before the expiration date, one week before and in 5 days after the expiration, but you may receive more from !facto. The renewal of a domain is done automatically when the invoice is paid in full. It is also possible that you receive some notices directly from the registrar.
4.1.2 Domain names administrative contact information. You must ensure that the information in the administrative contact of your domain names are always current. Occasionally, you will receive an email asking you to verify the information of the administrative contact of a domain name. You can update the information of a domain name any time by using our Customer panel.
We invite you to view two documents, one containing educational information about domain names and one about benefits and responsibilities of a domain name owner. These documents are provided by ICANN who is responsible for managing domain names like .com, .net, .org, etc.
5. Payment. Billing services for services provided by !facto inc. is carried out by e-mail. The payment is made by check or online by credit card such as VISATM, MasterCardTM or PaypalTM. The payment currency is in Canadian dollars (CAD). All amount due with a delay of 55 days and more automatically cause the suspension of Client services. Reactivation will be done as soon as the amount due will be paid. The period when the services were disabled are payable as if the service was never interrupted and no refund will be made for this period.
6. Cancellation and refund policy. !facto inc. and the Customer may terminate their business relationship without cause upon thirty (30) days notice. The notice may be sent to !facto inc. email <email@example.com> or by mail to the business address of !facto inc. The notice may be sent to the Customer by email or mail to the address provided to !facto inc. If payments are due on this date to !facto inc., the Customer must pay it before. The cancellation notice must contain the account name or domain name. A refund may be made on the amount paid in advance. No refund will be made on the portion of services used and costs related to domain name (registration, transfer or renewal). In the case of a new customer, it may cancel the package within 3 days from the date of subscription and get a full refund if the client has used the services normally (excluding costs related to domain names).
7. Property and copyright. Using services provided by !facto inc., the Customer certifies that he owns (or owns all rights) files and the data files in the !facto inc systems. We reserve the right to remove without notice any file that does not meet these conditions.
8.1 Confidentiality related to domain names. If you register a new domain name or if you currently own one where !facto is the reseller, your personal information will be publicly displayed in WHOIS if you do not subscribe to the Identity Protection option. This is a policy of our registrars and not from !facto. Some domain name extensions do not offer this protection, such as .ca.
If you are registering a .ca domain name, make sure you choose the correct customer profile from the drop-down list. For Individuals, personal information will always be confidential in WHOIS. However, other types of customer, it is mandatory to display information in the WHOIS.
9. Limited liability. !facto inc. can not be held liable for any damage, loss or expense caused to the Customer (including its users and clients) due to any act or failure to act of another Client services! facto inc. !facto inc. responsibility to the Customer (including its users and customers) in respect of the performance or non-performance, as appropriate, of any obligation under this, with respect to any claim whatsoever, shall be limited and shall in no event exceed the total fees paid by the Client to !facto inc. during the period of thirty (30) days immediately preceding the date on which such claim arose. !facto inc. shall in no case be liable for lost profits or any special, indirect, incidental or punitive damages.
10. Insurance. Customer agrees to release !facto inc. from any civil liabilities, material, intellectual or financial results related to the use of !facto inc. services. !facto inc. disclaims all liability due to loss, theft, loss, damage or destruction of any property of the Client including its files and digital data.
11. Backups. Despite the fact that !facto inc. makes daily backups, the Customer must make himself a backup of all files and data stored on digital systems of !facto inc. !facto inc. can in no case be liable for damages resulting from the loss of files or data.
12. Use constraints. The Customer undertakes to use !facto inc. services for legal activities. Including, without limitation, the Client may not: 1 - Make the interference to a third party using !facto inc. services or the ability to connect to the Internet; 2 - Sending unsolicited email, use the mail server from another site to relay mail without obtaining authorization in advance; transmit unsolicited email from any directed some way towards infrastructure of !facto inc., 3 - Publish pornographic material protected under copyright, trademark or other intellectual property rights without authorization or obscene, defamatory infringing privacy, religious, ethnic or constitutes a threat that is unlawful or otherwise illegal; 4 - Solicit or make arrangements with current customers of !facto inc. If either of these situations arises, !facto inc. may decide to terminate its services to Customer without notice, without refund and without financial compensation.
13. Use of resources. Services provided by !facto inc. are offered in the context of normal use of system resources. The Customer may not use more than 20% of these resources for a period of more than 5 seconds and do not exceed the monthly bandwidth of data transfer. If it exceeds, additional fees may be charged for its use excess. There are some limitations in the use of scripts if they exceed the normal use like too many CPU cycles and a large RAM space because it may affects the services provided to other Customers of !facto inc. In this case, !facto inc. will notify the Customer whose scripts asking too high percentage of system resources to correct the situation. If these scripts are causing a problem to other Clients of !facto inc. or if the Customer fails to correct such situation due to scripts, !facto inc. may correct such script or suspend services to Customer without notice. Scripts must not in any way interact with the hardware of the server or its configuration. The use of such scripts may result in immediate termination of customer's account without refund and without financial compensation.
14. Immediate threat. If, in the opinion of !facto inc., the activities of Client pose an immediate threat to the integrity of the system, !facto inc. or to other clients of !facto inc. (Including their users or customers), !facto inc. may take any action it deems necessary to ensure their protection. These measures do not engage the responsibility of !facto inc. to damages resulting that could be caused to the activities of the Customer (and its users or clients). !facto inc. undertakes to inform the client that caused the threat of the nature of the measures that have been taken.
15. Customer default. If the Customer is in default with respect to one or the other elements of this policy, !facto inc. may, at its discretion suspend access to services without notice. If the Customer fails to pay any amount due to !facto inc., !facto inc. may exercise all rights and remedies granted to a party holding a security interest under applicable law, including without limiting the generality of the following, proceed in accordance with the notice period shorter statutory (if there is).
16. Force majeure. Nor !facto inc. nor the Client shall be liable for any delay or interruption of failure to perform its obligations due to unforeseen circumstances, war declared or not, a terrorist , a fire, a storm, an extended power outage, a landslide, an earthquake, a virus attack, computer virus or any other event similar with respect to which the affected party has no control ("Force Majeure"). In case of force majeure, the invoking must issue an opinion as soon as possible and commit to devote all reasonable efforts on the commercial to end the incidence of force majeure or remedy. This section does not, however, to excuse the failure to make a payment at maturity.
17. Reservation of Rights. !facto inc. reserves the right to modify these policies at any time.
18. Legal value. This translated document is provided only for comprehension to our english customers and has no legal value. Our French version shall prevail in all time.