Terms and Conditions

Effective Date: July 1, 2020

Please read these Terms and Conditions carefully before using our Service.

INTERPRETATION AND DEFINITIONS

Interpretation

By signing up for and/or otherwise accessing any of the services or products offered by ADS Media you agree to be bound by the terms and conditions of these Terms and Conditions.

Please carefully read these terms and conditions as they describe your legal rights and obligations. These Terms and Conditions shall become come effective as of the date of (1) your electronic signature accepting these Terms and Conditions, (2) the activation or use of your account or (3) your receipt of an e-mail from ADS Media confirming your order, whichever happens first.

Definition

For the purposes of these Terms and Conditions:

"Content" shall mean the downloadable files that are interpreted by a client email or other application for display with or without plug-ins;

"Data" and grammatical variants thereof shall mean any data, including but not limited to documents, e-mails, images, videos, visual materials, advertisements, web pages, or other Content, related to your use of the ADS Media Services or otherwise stored on or transmitted by the ADS Media Equipment;

"Fee" or “Fees” shall mean monies and other consideration you are obligated to pay to ADS Media for the right to use the ADS Media Services and bandwidth subject to the terms and conditions of these Terms and Conditions and of the particular ADS Media Services and additional expenses for which you have registered, as outlined on the current Schedule of Fees. Fees are subject to change at any time without prior notice;

"Laws" shall mean the laws, statutes, and regulations then in effect of Canada and its various Provinces and dependencies as well as the laws of your country of residence or the country in which you use or access the ADS Media Services and the laws of any provinces, states or dependencies thereof;

"ADS Media" "us," "we" "our" and grammatical variants thereof shall collectively refer to ADS Media,SkyStream, SkyMail, Skyweb, a division of ADS Studio Productions Inc, ADS MEDIA and existing under the laws in the Province of Ontario and its assigns and successors in interest;

"ADS Media Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by ADS Media and/or ADS Media's affiliates, agents, or assigns which function to provide the ADS Media Services;

“ADS Media Services" shall mean the products and services provided by ADS Media at any given time, including but not limited to e-mail, Web Hosting, Cloud Services, and any associated support services, which ADS Media Services may be changed, amended, cancelled and/or otherwise altered at any time in ADS Media's sole discretion.

"Parties" shall collectively refer to ADS Media and you.

"Payment Account" shall refer to the credit card or such other account as is provided by you and accepted by ADS Media upon registration to pay for your Services. ADS Media may add, delete, or modify the methods by which customers can pay for the ADS Media Services at any time without prior notice, in its sole discretion, at which point you must either update your account with a valid Payment Account or your account will be terminated. Payments processed by third party processors are subject to those processors’ terms and conditions of service, and ADS Media makes no representations or warranties with respect to any third party payment services.

"Premium Services" shall refer to ADS Media accounts for which payment of a Fee is required, including without limitation Cloud Services.

"Services" and grammatical variants thereof shall mean the specific ADS Media Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract.

"Suspend" or "Suspension" shall include the disabling of your account and/or the cessation of transmission of data via your Services.

"Term" shall be, for Premium Services only, one year, as more fully described in Section 2.2, or as otherwise stated in the specifications for your Services or for any renewal Term thereof. The Term for free Services shall continue until terminated by you or ADS Media pursuant to Section 2.1.

"You", "you", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and ADS Media. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of ADS Media. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your Personal Information when you use the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

TERM AND TERMINATION

You or ADS Media may terminate these Terms and Conditions at any time for any reason. You may terminate by: notifying ADS Media via email or by certified mail to the address found HERE which notification shall be effective upon receipt by ADS Media.

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

If you have signed up for a Premium Services, it shall be one (1) year or as otherwise stated in the specifications for your Services. At the end of the Premium Service, the term shall renew automatically for the same period unless terminated prior to renewal. ADS Media may, but is not obligated to, allow you change the duration of the Term or the specific services for Premium Services at the beginning of any renewal period, and you agree that ADS Media may debit your Payment Account for any resulting Fees.

Your termination of any Premium Services shall be effective as of the end of the then-current term. Early terminations are none refundable.

Upon termination, your right to use the Service will cease immediately. All of your Data, including but not limited to e-mails or other files associated with your account and Services, may be irrevocably deleted at any time after termination and all transmission of data will cease. ADS Media may, in its sole discretion, make your Data available to you to the extent it has not been deleted. ADS Media accepts no liability for such deleted Data. You are responsible, prior to termination of Services, for transferring, saving, or otherwise securing any of your Data that you want to continue to have access to following such termination.

FEES

All Fees must be paid in advance of the provision of Services for the entire Term. Fees must be paid in Canadian dollars, and paid via the Payment Account. All Fees are non-refundable (except as expressly permitted otherwise by these Terms and Conditions) including any Fees paid in advance for the Term during which you terminate.

You acknowledge and agree that ADS Media may automatically debit the Fee and any additional Fees from the Payment Account unless specifically provided otherwise. You also agree that ADS Media may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any Fees or expenses applicable to your Services, including but not limited to fees for your use of services in excess of those included within your Services. If payment in full is not received by ADS Media from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for your Services without demand by ADS Media. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

You further acknowledge and agree that certain ADS Media Services may be subject to set-up, service, or other fees, and by registering for such ADS Media Services you authorize ADS Media to debit your Payment Account for any and all such fees.

Your credit or debit card issuer, directly or through third-party service providers, may provide ADS Media with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under these Terms and Conditions. Should ADS Media choose, in its sole discretion, to participate in such auto-update programs, you agree that ADS Media may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or ADS Media have prior notice of same. ADS Media cannot gu arantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to ADS Media for your failure to do so, including for any charges that ADS Media may incur as a result of your failure to keep your payment information current. ADS Media shall have no liability for declined payments or incomplete or out-of-date Payment Account information.

ADS Media may offer promotional rates or special offers, the terms of which may or may not be more favorable than the Terms and Conditions for your Services. Any such promotions or modifications shall not affect your obligations under these Terms and Conditions. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of these Terms and Conditions, shall govern. Promotional fees and special offers may not be combined.

You acknowledge and agree that you shall pay all costs of any third-party collection fees, including reasonable legal fees and costs. Except where prohibited by law, all accounts referred to a third-party collection agency shall be subject to an additional fee, which must be paid in full before the account is reactivated.

If You are an international customers, You bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into Canadian dollars. Certain ADS Media Services will not be available to You until ADS Media is able to receive satisfactory confirmation from such customer’s Payment Account provider, in ADS Media’s sole discretion, that the funds will be available for debit from Your account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account. We will bill in Your country’s currency when possible.

Even if your ADS Media Services are free, you may still incur expenses for internet access or data transmission from third-party service providers not affiliated with ADS Media.

Use of Account

Subject to and conditioned upon ADS Media's retained rights and all other terms and conditions set forth in these Terms and Conditions, ADS Media offers the ADS Media Services as soon as practicable after registration. Where applicable, you will receive a password, account, and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account.

Security

You acknowledge and agree to immediately notify ADS Media of any unauthorized uses of the account or any other breaches of security. ADS Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will ADS Media be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The ADS Media Services are subject to the following conditions and restrictions:

ADS Media shall provide to you a non-transferable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to your Services for your non-exclusive use (the “license”). Such license is for the purpose of email and managed Web Hosting and disseminating said Data via the Internet through the use of ADS Media's Equipment for purposes consistent with these Terms and Conditions.
ADS Media, either directly or through its assignee or licensee, shall provide such support as is outlined in the specifications for your Services or as otherwise shown on the ADS Media website. ADS Media is not obligated to provide any customer service or technical support, and cannot guarantee that your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, ADS Media at its sole discretion may at any time alter or cease providing the support provided pursuant to these Terms and Conditions without any liability to ADS Media.
Your use of the ADS Media Services, including but not limited to e-mail traffic, and combined mailbox use and Web Hosting account, shall not exceed that specified for your Services. You are responsible for monitoring your use of the ADS Media Services, and agree to check your e-mail and download or delete your e-mail on a regular basis and to manage your account in order to ensure compliance with this paragraph. Should your use of the ADS Media Services exceed the limits specified for your Services, ADS Media may return or reject any and all e-mails sent to you to the originating sender, prevent you from uploading additional photos, documents, and other files to your website or deny access to the storage space for your Data without liability to you.
ADS Media reserves the right to alter, amend, or discontinue the provision of some or all of the ADS Media Services, including but not limited to the provision of certain ADS Media Services to you in a particular market, at any time in ADS Media's sole discretion.

Representations and warranties

You represent and warrant that:

Your e-mail address does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your e-mail address is otherwise in compliance with these Terms and Conditions;
The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms and Conditions, and the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, contract rights or any other rights of any person;
Only you may use your account and you agree and warrant that you shall not permit anyone else to use your account or authorize any third party to access your account on your behalf;
You are responsible for all activity that takes place with respect to your account, and you agree that in the event ADS Media believes or has reason to believe, in its sole discretion, that you have breached these Terms and Conditions or any of the warranties under these Terms and Conditions, ADS Media may, without prior notice to you and in ADS Media's sole and exclusive discretion, suspend the provision of the ADS Media Services and/or terminate these Terms and Conditions, without any liability of any kind;
You shall not send mass unsolicited or unwanted electronic mail solicitations; that you shall not use your e-mail address for impermissible or abusive news group postings or excessive or repeated off-topic or commercial postings; that you will not send any form of junk mail; and that you shall not engage in any other form of spamming, spoofing, phishing, or mail bombing. You agree that ADS Media reserves the right to block mail from any source, including outgoing mail from or ingoing mail to your account, which ADS Media believes, in its sole discretion, is being used to send such unsolicited e-mail. While ADS Media continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited e-mail, there is no currently available technology that will totally prevent the sending and receiving of unsolicited e-mail;
Your use of the ADS Media Services and ADS Media’s Equipment, and all sales, distributions, advertisement, or promotion by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or copies of copyrighted works (such as .ZIP), goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the ADS Media Services or ADS Media Equipment, shall at all times comply with your warranties under this Section 8, as well as all applicable Laws, including but not limited to CAN-SPAM. With respect to any advertising content you may transmit through the Services, you agree and warrant that all such advertising content shall comply with all Laws, and shall not result in consumer fraud, product liability, or damage of any kind to any third party;
All of your Data and any matter you store on or allow to be transmitted by ADS Media’s Equipment shall be solely for business, entertainment, and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such Data shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards. You shall be liable for any and all damages, harm, or losses caused by your Data;
All of your Data and any matter you store on or allow to be transmitted by ADS Media’s Equipment shall not violate any laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by ADS Media, in its sole discretion. You agree and warrant that you will not use the ADS Media Services to transmit messages which: display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; display or contain any material that consists of pornography, child pornography, or other obscene content, including but not limited to content involving or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age or which could otherwise result in harm to minors, all as determined in ADS Media’s discretion. You agree and warrant that you will neither store on nor allow to be transmitted by ADS Media’s Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by an age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors;
You shall not damage, disable, overburden, or impair the ADS Media Services and Servers or misuse them in any way; use scripts, robots, web crawlers, or similar type of programs or applications; interfere with anyone else’s use or enjoyment of the ADS Media Services; or interfere with, defame, or abuse ADS Media or its officers, employees, or agents;
Your Data shall not constitute or contain or link to material: which is libelous, slanderous, or defamatory; which violates the right of publicity or privacy of any party; or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights;
Your Data shall not contain or link to any material which is offensive, harmful, violent, threatening, abusive or hateful, in ADS Media’s sole discretion;
Any and all material(s) of every kind which you store or transmit using the ADS Media Services or ADS Media Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the ADS Media Equipment or web site or another person's web site without authorization, or use the ADS Media Services to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service;
You shall not engage in any false, deceptive or fraudulent activities in association with your use of the ADS Media Services or the ADS Media Equipment;
You shall not resell or redistribute the ADS Media Services or any part thereof, including but not limited to your ADS Media e-mail address or Cloud account, or use any unauthorized means to modify or reroute the ADS Media Services (or to attempt same);
You are over thirteen years of age and are fully competent to enter into these Terms and Conditions;
You are not a national or resident of a country whose name is otherwise omitted from the registration form for ADS Media Services. Residents of countries which are serviced by a ADS Media affiliate are required to contract with those ADS Media affiliates, and you represent and warrant that you are not a resident of one of those countries;
You will abide by Canadian and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization; and
You will not your account for the storage of files other than in the course of normal e-mail usage or as provided otherwise in the specifications for your Services.

Acknowledgement and Consent

You agree to provide ADS Media with an active email address. You acknowledge and agree that ADS Media may suspend performance under or terminate these Terms and Conditions, cease transmission of emails or data associated with your account, permanently remove your Data from the ADS Media Equipment, revoke any and all email addresses assigned to you, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, for any reason whatsoever, in its sole discretion. ADS Media assumes no liability in the event a particular email address is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned email addresses do not infringe the rights of third parties, or that you will retain the rights to that email address for any period of time.

INDEMNITY

You hereby indemnify and hold harmless ADS Media and its successors and assigns and their officers, directors, agents, employees and lawyers against any loss, cost, liability, claim or expense, including lawyers' fees, suffered or incurred by them, directly or indirectly, at any time and in any way arising out of or relating to the registration and use of your email address

NO WARRANTIES BY ADS Media

The ADS Media services and ADS Media software are provided on an "as is" basis without warranty of any kind, express or implied. You acknowledge and agree that the use of the ADS Media services is at your sole risk. ADS Media does not warrant that the ADS Media services will be uninterrupted or error free, that your data or any files stored by you through the use of our cloud services will be accessible by you at all times, nor does ADS Media make any warranty as to any results that may be obtained by use of the ADS Media services. No warranty is made by ADS Media regarding any information, services or products provided through or in connection with these Terms and Conditions, and ADS Media hereby expressly disclaims any and all warranties, including without limitation: (1) any warranties as to the availability, quality, quantity, or content of services or goods provided to you hereunder; and (2) any warranties of merchantability or fitness for a particular purpose. ADS Media does not guarantee that any content, information, software (including without limitation third party software) or other material accessible through the ADS Media services will be free of viruses, "worms", "trojan horses", or other harmful components.

INTELLECTUAL PROPERTY

"ADS Media" and other trademarks, logos, and service marks displayed on this web site (collectively, the "Marks") belong to ADS Media and/or its affiliates or third parties which have licensed those rights to ADS Media (the "Partners").

ADS Media and Partners retain all rights to the Marks and nothing in these Terms and Conditions grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All trademarks, product names, and company names and logos appearing on ADS Media's web site are the property of their respective owners.

Unless expressly stated otherwise on the ADS Media web site, you should assume that all content, images, and materials appearing on this web site (collectively the "ADS Media Content") are the sole property of ADS Media. Both Canadian and international copyright and other intellectual property laws and treaties protect such ADS Media Content. You may not use, reproduce, display, or sell any ADS Media Content without ADS Media's prior written consent. You may not link to any page or frame any portion of ADS Media’s web site in such a way as to remove, cover, alter, or obscure ADS Media’s trademarks or as would otherwise confuse viewers as to the origin of the content.

LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of ADS Media and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to cancelling your Services.

To the maximum extent permitted by applicable law, in no event shall ADS Media or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if ADS Media or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

SERVICES RENDERED ON A NON-EXCLUSIVE BASIS

Any and all services which are or may be provided to you by ADS Media pursuant to these Terms and Conditions, including the licensure of rights herein, are not exclusive and nothing in these Terms and Conditions, shall limit or restrict ADS Media from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in these Terms and Conditions shall limit or restrict ADS Media from engaging in any activities similar to yours or in competition with you.

NO EDITORIAL CONTROL BY ADS Media

ADS Media and you agree that, consistent with the strict policy of ADS Media, and in reliance on your express warranties regarding the substantive content of data, advertisements, communications, messages and other materials which you shall store and/or otherwise disseminate via the use of ADS Media's Services or Equipment, ADS Media shall neither have nor exert any editorial or other subjective control over the substantive content of such data, advertisements, communications, message or other materials. ADS Media exercises no control over information which is found on the internet, except for its own web site, and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.

PRIVACY

ADS Media's respects your privacy. ADS Media will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless ADS Media deems it necessary, in its sole discretion, to:

comply with legal process or other legal requirements, including but not limited to responding to requests for information from court order, law enforcement offices or officials;
protect and defend the rights or property of ADS Media or its officers, agents, affiliates, and licensees; and
carry out its obligations under or enforce these Terms and Conditions.

NOTWITHSTANDING THE PROVISIONS OF THESE TERMS AND CONDITIONS TO THE CONTRARY, ADS Media RESERVES THE RIGHT (SUBJECT TO APPLICABLE LAW), IN ITS SOLE DISCRETION, TO DISCLOSE INFORMATION OR MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THESE TERMS AND CONDITIONS OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.

INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT ADS Media MAY DISCLOSE PERSONAL INFORMATION ABOUT THEM AND THEIR ACCOUNT PURSUANT TO THIS SECTION, AND WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE NATIONAL AND INTERNATIONAL LAW.

SEVERABILITY

In case any one or more of the provisions contained in these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of these Terms and Conditions shall not affect the validity or enforceability of any other provision.

NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER

Failure of ADS Media at any time to enforce any of the specific provisions of these Terms and Conditions shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of these Terms and Conditions shall be valid unless made in writing and signed by duly authorized representative of ADS Media.

Notices

ADS Media may provide notice to you via e-mail sent to the e-mail address associated with your account at the time such notice is sent. Such notice is deemed effective at the date and time of transmission, whether you receive it or not, and shall be deemed written notice for the purposes of these Terms and Conditions.

You may provide notice to ADS Media in one of the following ways:

by personal delivery;
by addressing the notice as indicated above and depositing the same by registered or certified mail, postage prepaid, by mail;
by Federal Express;
by email and registered or certified mail.

Such notice, statement or other document so delivered to ADS Media, except as these Terms and Conditions expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by email to ADS Media shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of email notice.

Any such email notice to ADS Media shall be deemed effective as of the date on which ADS Media receives the certified or registered mail notice.

Governing law

The agreement evidenced in these Terms and Conditions is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and user attorns to the exclusive jurisdiction of the courts of Ontario with respect to all issues relating to the construction, validity, interpretation and enforcement of these terms and conditions. Any provisions of the International Sale of Goods Act or any convention on contracts for the international sale of goods shall not be applicable to this agreement.

Those who choose to access this Service from other locations are responsible for compliance with local laws, if and to the extent that local laws are applicable.

FORCE MAJEURE

In the event of "force majeure" ADS Media may terminate these Terms and Conditions without liability to you. For purposes of these Terms and Conditions, "force majeure" shall mean circumstances or occurrences beyond ADS Media's reasonable control, whether or not foreseeable at the time of entering into these Terms and Conditions in consequence of which ADS Media cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under these Terms and Conditions. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the ADS Media Services are located or maintained or through which the ADS Media Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.

ADS Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ADS Media Services (or any part thereof) with or without notice, including the right to cease all business operations in the Canada, the United States or elsewhere. You agree that ADS Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ADS Media Services.

NO ASSIGNMENT BY YOU; ASSIGNMENT BY ADS Media

The Terms and Conditions and rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without ADS Media's prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, these Terms and Conditions shall be binding upon your successors and assigns, if any. ADS Media may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion, without consent by or notice to you.

DISPUTE RESOLUTION

If you have any concern or dispute about the Service, You agree to first try to resolve the dispute formally by contacting ADS Media

ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THESE TERMS AND CONDITIONS WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN HAMILTON, ONTARIO CANADA. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the CANADA.

Should any legal fees, costs, or other expenses be incurred by ADS Media with regard to enforcement of this jury waiver provision, ADS Media shall be entitled to recover such legal fees, costs, or other expenses without regard to whether ADS Media prevails in the underlying case.

EUROPEAN UNION AND UNITED STATES COMPLIANCE

European Union Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

If you are a United States consumer, you represent and warrant that: (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion to modify or replace these Terms and Conditions at any time. These Terms and Conditions may be materially altered by ADS Media by posting the new version of the these Terms and Conditions at www.adsnedia.ca and if posted in this manner, shall be effective immediately upon posting such notice. You accept and shall be bound by such changed terms unless you opt to terminate these Terms and Conditions within thirty (30) days of the posting of notice of the new version.

You may not modify these Terms and Conditions, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of ADS Media. No additional or conflicting term in any other document used by you will have any legal effect.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]
By phone: 905.692.2960

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