VillageCMS End User Agreement

By using the Northern Village CMS web site (“Service”), a service of Northern Village Inc, (“Northern Village”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Northern Village reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

Northern Village offers the Service to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction.

In addition, you agree that:

• You are a human. Northern Village does not permit accounts to be registered by “bots” or other automated methods;
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
• The “Free” account may only be used by one person. Northern Village does not permit a single login shared by multiple people;
• One person, proprietorship, partnership or any legal entity may not maintain more than one free account;
• You are responsible for maintaining the security of your account and password. Northern Village cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You agree to immediately notify Northern Village of any unauthorized use of your password or account or any other breach of security;
• You are responsible for all content posted and activity that occurs under your account (even when content is posted by other users of your account that have been given access);
• Unless otherwise agreed upon, all pages are publicly viewable and may be promoted and linked by Northern Village as example uses of the Service;
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your account. While Northern Village prohibits such conduct and content on the Service, you understand and agree that Northern Village cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

Unless an alternative payment method is agreed upon, a valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. If your credit card is invalidated for any reason, it is your responsibility to provide valid credit card information prior to any billing cycle. Failure to provide a valid credit card, prior to the next applicable billing cycle, could result in a complete loss of the Service and all content.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including Canadian Government Sales Tax (GST) if you reside in Canada.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

You accept that downgrading your Service may cause the loss of content, features, or capacity of your Account. Northern Village does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly cancelling your account. You can cancel your account at any time by sending an email to generaldelivery@northernvillage.com. This is a simple no questions asked process. VillageCMS Customer Support will respond to your request personally and provide you with your last date of service.

You accept that it is your responsibility to back up your site and all of your content. When your last date of service is reached, your content and site will be deleted immediately. Northern Village does not provide a backup service to restore deleted accounts or content.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately. Northern Village will not give a partial refund of prepaid fees.

Northern Village, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Northern Village service, for any reason at any time. Such termination of the Service will result in the forfeiture of all paid subscription fees (no refunds or credits will be given), the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your Account. In addition, Northern Village reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Northern Village reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the YikeSite Website or the Service itself.

Northern Village shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Proprietary Rights

Northern Village claims no ownership or control over any content submitted, posted or displayed by you through the Service. However, any page on your site is public and you agree to allow anyone to view and share your content. You retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for appropriately protecting those rights. By submitting, posting or displaying content through the Service which is intended to be available to the general public, you grant Northern Village a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such content on Northern Village services solely for the purpose of displaying, distributing and promoting the Service. Northern Village reserves the right to reproduce content submitted, posted or displayed by you through the Service and use that content in connection with any of the services offered by Northern Village. This license terminates when such content is removed from the Service. Northern Village reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.

Northern Village and/or its licensors and technology partners own all copyright associated with the Service (including but not limited to the look and feel of the Service) and all rights are reserved by Northern Village and/or its licensors and technology partners." You may not duplicate, copy, or reuse any portion of the code (including but not limited to HTML and CSS) or visual design elements without express written permission from Northern Village.

Northern Village, other Northern Village product and service names, and all of their related logos are each trade-marks of Northern Village. Without Northern Village’s prior written permission, you agree not to display, or use in any manner Northern Village’s trade-marks.

Except for the rights expressly granted herein, this agreement does not transfer from Northern Village to you any Northern Village developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Northern Village. You agree that you will not, directly or indirectly, copy, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Northern Village.

You agree not to use Northern Village’s name or any of its affiliated names (e.g. Village CMS) or any language, pictures, or symbols that could, in Northern Village’s sole judgment, imply Northern Village’s endorsement or association in any (i) website (ii) written or oral advertising or presentation, or (iii) brochure, newsletter, book, or other written material of whatever nature, without Northern Village’s prior written consent.

Northern Village does not pre-screen content, but Northern Village has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

General Conditions

• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Northern Village does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected;
• Technical support is only provided to paying account holders and is only available via email.
• You understand that Northern Village uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service;
• Northern Village may, but have no obligation to, remove content and accounts containing content that Northern Village determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service;
• You understand that the technical processing and transmission of the Service, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and
• If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Northern Village) of other Northern Village customers, Northern Village reserves the right to immediately disable your account or limit your file or image hosting until you can reduce your bandwidth consumption.

In addition, you agree not to:

• Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Northern Village, or any other Northern Village service;
• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Northern Village;
• Abuse verbally, physically, by written or other means (including threats of abuse or retribution) of any Northern Village customers, employees, members, or officers;
• Upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages; and
• Transmit any worms or viruses or any code of a destructive nature.

Consequences of any violating any of the above will result in immediate account termination

Third party advertising and linking

The Service may be supported by advertising revenue and may display advertisements and promotions on the Service. The manner, mode and extent of advertising by Northern Village on its services are subject to change. You agree that Northern Village shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Service.

Northern Village may provide, or third parties may provide, links to other World Wide Web sites or resources. Northern Village has no control over such sites and resources and you acknowledge and agree that Northern Village is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Northern Village shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Privacy Policy

For our complete Privacy Policy and information about our data protection practices, please see our Privacy Policy at http://www.northernvillage.com/about/privacy-policy.

By using our Service, you acknowledge and agree that Northern Village may collect, store, and disclose your account information and any content associated with that account in accordance with the Privacy Policy if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, © detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Google, its users or the public as required or permitted by law.

Limitation of Liability

You expressly understand and agree that Northern Village shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Northern Village has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.

Choice of Law and Forum

The Terms of Service and the relationship between you and Northern Village shall be governed by the laws of Ontario, Canada, without regard to its conflict of law provisions. You and Northern Village agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located within the jurisdiction of Toronto, Ontario, Canada.

Waiver and Severability of Terms

The failure of Northern Village to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree to exclude Ontario’s Limitations Act, or any other statute or law that provides a limitation period that is greater than one (1) year after such claim or cause of action arose.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Northern Village and govern your use of the Service, superseding any prior agreements between you and Northern Village for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Northern Village services, affiliate services, third-party content or third-party software.

Questions about the Terms of Service should be sent to generaldelivery@northernvillage.com.