The present contract, which determines the general conditions under which Walled Networks provides all of its services is concluded between:
Walled Networks, (hereinafter referred to as .Walled Networks. or .We., .Our., .Us.),
and any person or registered organization or company that would like to use services provided by Walled Networks via Our website (hereafter designated as "Customer", "You", or "Your"), unless specified otherwise in the special conditions pertaining to any of the services subscribed to.
It is supplemented by:
Together, these elements form the contractual framework that is applicable to all relations with Walled Networks, hereafter designated in the present Walled Networks' General Service Conditions as the "Contract" or "Our Contract".
They may be consulted at any time via Our website http://www.walled.net in an electronic format that allows them to be printed and/or downloaded, so that You can reproduce them or save them for personal reasons as a customer of Walled Networks.
The utilization of any service of Walled Networks implies the unconditional acceptance of and adherence to Our Contracts.
You expressly declare that You have the legal capacity and authorization required to be bound by the present Contract, as well as to subscribe to each of the services provided by Walled Networks.
We reserve the possibility of proceeding with identity checks, and to solicit the production of proofs of ID, including during the course of the Contract, and to suspend Your Walled Networks account (as defined hereafter) and therefore any and all services associated to it, and/or to terminate the Contract if You were not able to prove Your capacity or ability to enter into a contractual agreement and to use Our services.
Unless otherwise stated in the contractual conditions pertaining to each of Walled Networks' services, the present Contract which outlines Your relations with Us in the context of any of Our services that You have subscribed to, whether or not it is free or paying, will be fully applicable.
In the event of a contradiction between Walled Networks' General Service Conditions and the contractual agreements applicable to a specific service, the later will govern.
For whatever service provided, Walled Networks commits to:
Walled Networks commits to using its experience and know-how to bring You satisfaction in the use of Our services, however it must me remembered that Walled Networks is not in control of the Internet, which is not centralized, and it cannot regulate it.
The bounds of Our obligations and responsibilities, and the conditions under which Walled Networks may act on Your Walled Networks Account and/or the services that are associated to it, essentially linked to the characteristics of the internet, Our role as a technical intermediary and to the obligations that We are subject to under current applicable law in Canada, and the contractual regulations that We need to abide by, are mainly described in the present Contract, and are always stated in each of Our Contracts.
In any case, whatever service You have subscribed to, Walled Networks does not provide You with access to the Internet or that of a third party (You need to be sure to have Internet access, which is necessary to the subscription and utilization of Our services), nor do We provide You with the hardware or software required to access it and use services (unless specifically mentioned in the Contract pertaining to a service), which remains under the full responsibility of each of the users of the Internet and Our services.
You agree to abide by the following obligations, continually, for all services that You have subscribed to, and in addition to the conditions that specifically pertain to each of the services:
You commit Yourself to assuring, even during the reselling of Our services or in case of a license of use granted to a third party, for professional reasons or not, that each person (including Your providers and/or members of Your staff, or customers) to whom You accord access, management or usage rights of any kind, for all or some of Walled Networks' services, will constantly abide by all of Our Contracts and specifically the obligations outlined in the present Article 3, which are under Your full and complete responsibility and guarantee with regards to Walled Networks and third parties.
You acknowledge that, before making any subscription decision, You had access to the details of the technical characteristics of Our services, and to the information provided online on Our website, as well as in Our forums and through Our customer care department (support), provided to You so that You could judge for Yourself the suitability of Our services to Your needs, or those of any person that You may have provided a right to use, which You do so as a personal matter.
Consequently, You acknowledge that You have checked, prior to the subscription to a Walled Networks service, the suitability of the service to Your needs, and that You have obtained all the necessary technical information and advice from third parties for this purpose.
Walled Networks may not be held responsible for the unsuitability of the service provided in view of the particular objectives You may have set or pursued, which shall be excluded from the contractual field in any event.
Of course, if despite the flexibility of the solutions that Walled Networks offers, You would like to benefit from a special service, You may e-mail Us at support at walled dot net, and We will see if there is something that We can do to help.
The usage of Our services must be done with due diligence, in such a way as to not proceed with any abusive solicitation or perturbation of Our resources or systems.
You acknowledge that You shall be solely responsible for the consequences of any defective operation of the service, following any use that does not conform to the operating instructions, the limits and technical characteristics of Our service.
By accepting Our Contracts and using Our services, You agree to abide to Our code of ethics which consists, in particular, of protecting and respecting minors, human dignity, public order and good moral standards, not infringing on the rights of third parties or the security of persons, property, the government, or the good working order of public institutions, and to help in the fight against abusive and/or deviant uses of the Internet (spamming, phishing, hacking, cracking, or attempts at hacking or cracking), or any other infraction as cited in the Penal Code.
You also commit Yourself to ensuring that any third party to whom You would resell Our services, or grant a license of use, or grant any access or ability to modify any published Contents, will fully abide by the terms and conditions herein, and that You are able to effectively guarantee this commitment with regards to Walled Networks, and You remain fully responsible in case of violation of this Contract and/or violation of laws and legislation in force, without prejudice of Your liability towards third parties.
In this way, You agree to use Our services in a way that is strictly legal, and in accordance with Our Contracts and current law.
In the present Contract, Walled Networks' General Service Conditions, the generic word .Content(s). designates in particular any data, information, image, video, element of any nature or form, sound, text, sign, signal, program, software, code, or element of any kind, that is operated, broadcast, stored, transmitted, relayed, issued, collected, used, processed or made available directly or indirectly via any Walled Networks service that is subscribed to or connected to Your Walled Networks handle.
You acknowledge and accept that the use of Our service:
You acknowledge and guarantee that You, and if the case may be, any person to whom You may have provided any access rights whatsoever to, under Your full and complete responsibility:
Such usage, of any of Walled Networks' services, including by any person to whom You may have granted rights of any kind over one of of the Walled Networks services that You have subscribed to, will be considered as a serious breach of Your obligations.
You acknowledge that according to Our Contracts, any serious breach of Your contractual obligations such as described hereafter in article 12.2.1, and, specifically in the contractual conditions applicable to the various services if applicable, is grounds for the suspension and/or early termination of the Contract(s), and therefore the suspension and/or the deletion of Your Walled Networks account, without notice. In this case, You can not claim any compensation or refund from Walled Networks.
Additionally, You expose Yourself to prosecution by any third party who was wronged because of the consequences of any violation of applicable law and the rights of third parties, in addition to the application of penalties set forth by the laws of Canada and Your responsibility with regards to Walled Networks.
Consequently, to avoid the suspension or termination of the services that You have subscribed to at Walled Networks, it is Your obligation to do everything necessary to constantly adhere to Our Contracts, Our ethics, and applicable law, notably in Canada.
You agree to act to promptly put an and to any illegal or prejudicial situation that is connected to the use of, directly or indirectly, Our services under Your responsibility, including in the event that You granted a license of use or rights of any sort to a third party.
You acknowledge that You are fully liable, including in case of reselling Our services or in case of a license of use granted to a third party, for professional reasons or not:
You also agree to find a rapid solution to each problem or dispute which may arise with regards to Your use of Our services, directly or indirectly, and, where applicable, to rapidly communicate the identity of any third party which has a license or right to use and/or manage the services operated via Our technical solutions.
You specifically guarantee and hold harmless Walled Networks, so that Walled Networks is never bothered in any way from the choice or use of any of Our services, under Your full responsibility, including after the end of the Contract that is applicable to the service in question, in conformity to Our Contracts.
It is also Your responsibility to assure comply with the mandatory clauses that pertain to any activity or use of Our services on the Internet, when it is required by applicable law, notably in a way that allows third parties to easily contact You and to notify You of any complaint or content that is illicit or prejudicial.
Notably, for example, You must be sure that each website that You may run via one of the many services provided by Walled Networks and associated with Your Walled Networks Account must contain legal mentions.
In any case, You acknowledge that it is Your personal responsibility to strictly abide by all obligations that pertain to You due to Your activity, professional or not, and/or to Your status (registered activity, for example), so that Walled Networks is never bothered by this, and We recommend that You consult with a legal professional of Your choice in order to be sure that You are in conformity with all Your legal, regulatory, and professional obligations.
Our website will inform You of the information that is needed in order to create Your Walled Networks handle. This is mainly the following information: first and last name, or company name and its legal representative, street address, active telephone number that You can be reached at any time, and a valid e-mail address that You consult on a regular basis, and if applicable, the name of the organization on whose behalf You are acting.
Your Walled Networks handle and identity and all the contact information that You provided, and are associated with it, are necessary for the validation and processing of any service or option that You order at Walled Networks, as well as during the entire duration of Your Contract and for the use of Our services.
Note that Walled Networks uses Your declared e-mail address to contact You within the framework of the service, in particular to send You any Notification (such as this term is defined below in Article 7). Thus Your declared e-mail address must be valid, and the associated mailbox must be checked and read regularly (i.e. every day or every two days).
The information associated with Your Walled Networks handle are provided by You, and are under Your sole and entire responsibility throughout the duration of Our Contracts.
You commit Yourself to guaranteeing that this information is always exact, complete, reliable, and up-to-date, and to correct it on Your own when necessary as well as on Our request.
You also agree to provide all the proofs of ID that We may request from You (Photo ID, certificate of incorporation, authorization, etc.) within the deadlines We provide, to complete an order, and including within the term of the Contract.
If the data is false, incorrect, incomplete or out-of-date, and/or if You do not follow-up to Our Notification requiring to update Your data or to provide proof of ID, We shall be entitled to suspend and/or cancel Your Walled Networks Account and/or any or all services that are associated to it, for no reason other than this serious breach of Your obligations, without You being entitled to claim any reimbursement or compensation (see Article 12.2.1).
Your Walled Networks handle and all of the information that You provided that are associated to it, are necessary for Your identification by third parties that need to contact You, notably in the case of a problem or dispute connected to the use of Our services that are performed under Your full responsibility.
Your Walled Networks handle and the associated confidential password are designated together in Our Contract as Your "Access Codes", and allow You to be identifiable to Our services.
Each password is, and must remain, strictly personal and confidential.
It is placed under the responsibility of its owner, who must take all necessary precautions in order to preserve its confidentiality and integrity.
You must notably take all appropriate measures to assure that Your handle and its associated password remain secret, and are not lost or stolen.
You agree to formally notify Us as soon as Your access codes (handle and passwords) have been lost or disclosed to an unauthorized third party.
By default, and until You have notified Walled Networks, all access to Your Walled Networks Account, or operation performed using Your access codes is deemed to have been done under Your responsibility and with Your permission.
Walled Networks does not manage the accounts and passwords of those to whom You may have granted any access or management rights (Administrator, or User for example) however, which are placed under Your sole and full responsibility.
Each of the Users or Administrators will have a completely distinct personal password from Your own Walled Networks Access codes.
It is Your obligation to be sure that the passwords chosen offer a sufficient level of security (number and type of characters).
The management and responsibility of the user or administrator accounts is fully incumbent on You, and Walled Networks cannot act, nor can Walled Networks be held or accused in any way of being liable with regards to this, notably in the case of the loss, divulging of, whether accidental or not, or the theft of any of the passwords associated to a User and/or Administrator account that You may have created.
You must assure, at Your own risk, that any user or administrator, or any other person to whom You may have granted, if the service subscribed to allows it, any right whatsoever to one of the services connected to Your Walled Networks Account, conserves the confidentiality of their password.
Therefore, it is Your obligation to take any action necessary by Yourself, and notably to change or delete the access given to any particular user or administrator, notably in the event of a loss or theft.
The concession of any right, or the delivery of any authorization whatsoever is done at Your own risk, since You will remain, with regards to Walled Networks, fully responsible for any use of Our service, directly or indirectly, including by these persons.
At any rate, and whatever service is concerned, any use of a service that You may have subscribed to via Your Walled Networks handle or attached to Your Walled Networks Account, will be reputed to have been done, if not for You, with Your agreement and under Your responsibility.
You agree to assure that any user, administrator, or any other third party that has access or rights of any kind to Our services through You, respects Our Contracts and applicable law, under Your full responsibility.
Your management and administration interface allows You to, in all autonomy, and with the help of Your access codes:
You acknowledge and accept with respect to this, that the data provided to Walled Networks and gathered by Our system are saved and are the object of data processing, for the needs and within the framework of Our contractual relation with You, in conformity of the applicable laws (see the Article on "Personal Information").
You agree and accept that within the framework of Our relations, as in the case of a dispute concerning the termination or execution of the Contract and the use of Our services, of Your Walled Networks handle or the access codes of Your administrators, contacts and/or users, the connection logs of Our system are considered authentic.
Therefore they are proof of:
This data is stored for the legal duration necessary for the administration of any proof to this effect.
Our web site allows You to view the details of the technical, contractual, and price conditions applicable at the time of Your subscription, for each of the services We provide, and to accept them prior to subscribing to any of the services.
Our order interface describes, for each of the services offered, the process to be followed in order to complete Your order, as well as displays the price and payment means for the various offers. You are guided in a step-by-step manner in Your purchase, and may get additional help at each step.
This interface allows You to see the various contractual and technical limitations as well as the prices that are applicable at the time of Your order, and to the accept prior to the subscription of any service, to verify the orders that You placed before confirming Your choice and proceeding with payment according to the means that are applicable to the service subscribed to.
Some services may require a specific payment means for the service concerned.
Within the framework of the confirmation of Your order, You will be asked to confirm Your acceptance of Our Contracts. Our Contracts are visible at any time on Our website, and will be presented to You for accepting during the subscription process for each service or option.
Once You have placed and confirmed Your order, You will receive a notice of Your order in progress at the e-mail address associated with Your Walled Networks handle.
Additionally, You may follow the progress of Your order on Your secure management and administration interface, with the assistance of Your Access Codes, in addition to being able to view notifications from Walled Networks on the same page.
For services that are not free, You will pay for Your order according to their current price and payment means that are applicable to the services chosen.
It should be noted that Our prices do not take into account expenses resulting from Your equipment, Your connections, and electronic communications necessary for the use of Our services, which shall remain incumbent on You and be under Your sole charge and responsibility.
You acknowledge that We are only contractually bound to process Your orders on receipt of their full payment within (7) business days following the receipt of the full payment.
You must take into account the delays that are inherent to the type of payment that You have chosen, so that You can be sure that Your payment will be made in time.
If We do not receive Your full payment, and if no payment is received within the necessary deadlines by any of the payment means that are accepted by Walled Networks for the service in question, We will cancel Your order.
Your payment is irrevocable, except under the applicable legal conditions and exceptions that are stated in Our Contracts.
If the payment is rejected or cancelled (either check or credit card payment), and if You fail to reply to Our e-mails requesting payment, then You may not claim any right to the service subscribed to, and if it is a renewal, We will no longer maintain the service in question. You therefore risk a rupture in service in the event of non-payment.
If the payment is made by check, make sure to write the necessary reference number, which is provided to You at the time of You order when You perform it on Our website, on the back of the check. If this is not done, We will be unable to complete Your order.
In the event that Your check bounces, You must pay for Your order by any of the other accepted means of payment at Walled Networks for this service, for an amount equal to the initial amount of the transaction, in addition to bank penalty fees that We may have incurred due to this.
In any event, You cannot lay claim to any refund from Walled Networks whatsoever for any expenses they You may have incurred as a result of making the payment, which was not able to have been validated within the necessary deadlines, which includes, but is not limited to, postal fees for sending the check or bank fees tied to a bank transfer.
The invoice corresponding to the services ordered will be made in the name and the address of the Walled Networks handle used to paid to the service.
You will be notified of the activation of the service by e-mail at the address that You have provided and is associated with the Walled Networks handle that was used to subscribe to the service.
The activation of any paying service that is provided by Walled Networks first requires the validation of Your complete payment according to the payment means that are applicable to the service in question, or any special contractual conditions of that service.
The customer, qualified as a consumer in accordance with applicable law, explicitly acknowledges that execution of the Walled Networks service shall start as soon as its full payment has been received, i.e. before the period of seven clear days mentioned in applicable law concerning cancellation rights.
Consequently, and in accordance with applicable law, the withdrawal right shall not be applied at the time of first subscription, or at the time of subsequent orders or renewals.
You must therefore ensure that the said e-mail address is regularly updated and read. You acknowledge that You are fully responsible, and that Walled Networks cannot be held responsible for any consequences following Your non-compliance with this obligation, particularly in the event that You fail to receive a Communication or Notification because You have provided an invalid or out-of-date e-mail address.
You agree that all Communication or Notifications sent to the said e-mail address shall be reputed to have been successfully sent to You, received, and read by You within five (5) days of being sent. You acknowledge and accept that Our systems are reliable with regards to this.
For Your communications and notifications addressed to Walled Networks, in addition to the information indicated on Our website, You may also use the support contact form that is specifically for this purpose.
You can send Your support request by e-mail to the customer care (support) department, or by any other means if this is impossible.
The term of the Contracts applicable to each of the services begins upon their acceptance, and is valid for the duration You have chosen.
You acknowledge and accept that Our systems are true and can provide proof of this.
Walled Networks cannot, however, be contractually bound to supply services for any services or options until We have first obtained full payment (payment received and validated) for the option or service ordered.
Our Contracts will remain valid during the full duration of the service in question, unless You have accepted a newer version of Walled Networks' General Service Conditions during the modification of Your Walled Networks handle or the subscription to or renewal of a service.
Once accepted, You will benefit from the service that You have ordered or renewed, for the duration that You have chosen and according to the conditions and means that are applicable to the service in question, as specified if applicable, in a complementary way in the contractual conditions that are applicable to this service.
The service subscribed to terminates upon the expiration of the duration that was chosen, if applicable, unless in the case of early cancellation and according to the means described hereafter (Articles 11 and 12) and in the respective contractual conditions that are applicable to each of the services or options.
Consequently, the service will be terminated upon expiration if, at the end of the period, You do not renew, or if Your payment was not received and validated within the mandatory deadlines. The consequences of the Contract's termination are described in Article 13.
It must be expressly requested and paid (payment received and validated) by You (through Your Access Codes) via Our web Interface.
Any renewal of a service, whether manually or automatically, according to the conditions and means that are applicable to each of Our services, implies the reception and validation of full payment.
Whatever means of payment that was used, We strongly recommend renewing the service sufficiently in advance, by taking into account the deadlines that are inherent in the payment means chosen, in order to avoid any service disruption.
Our Contracts specify the deadlines under which You may renew the service, and consequently, proceed with the complete payment sufficiently in advance.
If these deadlines are not met, the renewal of the Contract without a rupture can not be guaranteed, and Walled Networks can not be held responsible for this.
The Contracts that are specific to each of the services respectively state the conditions and means of terminating them, and any conditions and means of refunds when possible for the service in question.
You must take all useful measures to assure, if applicable, the backing up of Your Contents or settings on a medium that is outside Walled Networks, or to assure their transfer to another provider than Walled Networks, prior to termination.
You must also assure, as the case may be, to take all useful measures with regards to all the beneficiaries of Your services (notably administrators, users, or customers).
If You have granted rights to any users, You shall take full responsibility for this breach of Your contractual obligations, in such a way that Walled Networks is never bothered in any way and You shall guarantee to Walled Networks to indemnify and hold harmless Walled Networks in the event of a complaint from a user or any other third party that may take action directly against You.
You will not be entitled to claim any compensation or refund from Walled Networks for this act.
On the other hand, You specifically agree, in the event of a breach of Your obligations, the fees connected to the administrative processing of Your case may be billed to You.
Additionally, You expose Yourself to prosecution for the prejudice caused to third parties, in application of the penalties mentioned under applicable law, and Your responsibility with regards to Walled Networks.
For whatever service You may have subscribed to, You acknowledge that the following elements are considered as being serious breaches of Your contractual obligations:
In the event of a serious breach of Your obligations, the fees connected to the administrative processing of Your case may be billed to You, in addition to the application of a penalty tied to the fees due to any reactivation of the service if required.
You acknowledge to be informed of and to accept that in the case and means described in Article 12, Walled Networks would have grounds to suspend or terminate Your Walled Networks account early, and consequently, any service or option associated with Your Walled Networks Account.
In any case, You can not claim any compensation or refund, and You expose Yourself to the prosecution and payment of damages and interest in the event of a prejudice to a third party, in addition to the application of penalties set forth by applicable law, without Walled Networks being liable due to this.
You acknowledge that Walled Networks cannot be held responsible for the direct or indirect consequences that are connected to the suspension or cancellation of all or part of a service due to a breach of Your contractual obligations in the conditions stated in the present article.
The contractual conditions that are applicable to each of Walled Networks' services set forth, if applicable, the consequences, notably technical, of the end of the Contract or the early termination of the Contract and/or all or part of the services subscribed to.
In any event, Walled Networks cannot be held responsible for the consequences, notably technical, that result from the suspension or the termination of the Contract.
In that respect, Walled Networks may technically intervene in the following circumstances:
In any event, if it is absolutely necessary, We shall reserve the right to interrupt some or all of the service in order to perform a technical intervention, particularly in the case of defective operation, or to improve the operation, or to perform any maintenance operation.
We shall do everything necessary to limit the time of the said interruption as much as possible and, if possible, We shall give You reasonable prior notice, indicating the date, the type, and the duration of the intervention, so that You can make all the necessary arrangements.
However, You acknowledge that We will not be able to give You prior notice in the case where the service interruption is due to an external reason (in particular, one that would be inherent to Internet itself) or if it is explicitly requested by a competent authority in application of applicable law.
In any case, You acknowledge and accept that Walled Networks can not be held liable for any technical interventions that needed to be performed within the framework of the present Article 14.
It is explicitly agreed that, other than those which are normally accepted by applicable law, the following shall be considered as cases of force majeure: all strikes, whether total or partial, lock-outs, boycotts, or other actions of the same type, civil disorders, epidemics, fire, computer breakdown, blocking of networks and communication systems, attacks by one or more hackers, or any other event beyond the control of the parties, which prevents normal execution of the Contract.
Where such a case of force majeure takes place, the obligations of this Contract shall be suspended.
If a case of force majeure continues for more than one (1) month, and if it applies to the service (when the service is one that is provided over time, contrary to services that are performed instantly), the Contract shall be automatically cancelled with no legal formalities, except where explicitly agreed otherwise by the parties.
Additionally, You acknowledge to have been informed that the software that You install and/or use may hinder access to Our services. We decline any and all responsibility due to this. We recommend that You read the documentation carefully prior to using them, and in getting advice with regards to them from competent people.
You acknowledge that Walled Networks is not subject to any general obligation to monitor the Contents or applications transmitted or stored through Walled Networks. Although Walled Networks reserves the right to proceed with verifications, We have no obligation to perform any active search for incidents or circumstances involving illegal or prejudicial activities.
It is explicitly agreed by the parties that Walled Networks may not be held responsible for any tangible or intangible prejudice, whether direct or indirect, which could result from Your use of its services, negligence or incorrect use, the unsuitability of its services in regard to Your needs, or breach of Contract due to Your failure to respect Your obligations, or any prejudice, whether direct or indirect, whether commercial or linked to an operating loss.
In any event, in the case where the responsibility of Walled Networks would be demonstrated, You cannot claim any indemnification greater than the amount which has been paid to Walled Networks in return for the concerned service, and corresponding to the actual unavailability/dysfunction period for this service, except when stated otherwise in this Contract.
Any reproduction, even partial, of any of the content of Our website is strictly forbidden. Specifically the name, logo, the name "Walled Networks" and "walled.net", and the domain name "walled" in all extensions, constitute protected denominations that belong to Walled Networks, that You cannot use in any case without the express agreement of Walled Networks.
You agree to not publish or reproduce any data that is published on Our website or provided within the framework of Our services other than for Your strictly personal use and in accordance with the contractual conditions of the service concerned and the conditions for the use of Walled Networks' website.
All copyrights, trademarks, other distinctive signs and intellectual property rights, in particular those present on Walled Networks' website, or made available to You within the framework of Our services shall remain the full property of Walled Networks, without You being entitled to claim the benefit of any transfer of a right.
Walled Networks' software, or software used for Walled Networks' services, notably software-based, are intellectual works that are protected by intellectual copyright and other applicable laws.
No copying, reproduction, translation, transcription, addition, or modification of the software or the associated documentation is authorized, with the exception of elements clearly defined as under GPL license (open-source software license)
Any use other than what is explicitly stated in the Contract, in the technical conditions, or in the special conditions (meaning any use other than the one necessary to the use of Our services for the duration of the Contract), is prohibited and shall lead to civil and penal sanctions, with the possibility of Your liability being invoked in regard to Walled Networks or any holder or beneficiary.
In compliance with Article 3 above, You agree to respect the intellectual property rights of Walled Networks and third parties and, more particularly, You declare and guarantee that You hold all rights or authorizations required for the Content that You use via Our technical solutions, in any form whatsoever.
More generally, You agree not to claim any ownership of the machines, media, or infrastructure made available by Walled Networks in the context of its services.
Finally, You accept that the usage or reproduction of all or part of Walled Networks' logo on Your website is expressly forbidden unless You first have express permission from Walled Networks, it being noted that the subscription or renewal of one of Our Walled Networks services is can in no way be interpreted as Walled Networks' authorization, which can only be in the form of a written authorization in advance.
You shall not reproduce or modify the software, applications, tools, and interfaces provided by Walled Networks as well as any of the graphics (for example the graphic charter and logos), which constitute works that are protected by intellectual property rights and for which the rights shall not be granted to You with the exception of elements that are clearly defined under GPL license (an open-source license).
In the framework of its services, Walled Networks needs to gather and store Your personal information, in addition to data that is collected when You visit Our website, as indicated in Our website Terms of Use.
Personal information that You provide during the subscription and/or use of Our services, as indicated on Our website at the time of their collection, is collected and processed by Walled Networks in an honest and legal way, in compliance with current applicable law, and in conformity with the present Walled Networks General Service Conditions, and if applicable, the contractual conditions that are applicable to each of the various services We provide in the manner they are collected and processed.
Walled Networks only gathers and registers personal information or handles in order to be able to provide You with its services and to abide by applicable law.
You acknowledge to have been informed and to accept that the information that You declare are not only destined to allow Us to easily enter into contact with You, though also, to be able to meet Our respective legal obligations and notably Your obligation of identification for some services such as those indicated below in Walled Networks' General Service Conditions and, if applicable, in a complementary way in the various Contracts applicable to Our services.
You declare to have informed all contacts that You may have designated, or any Administrator and/or user that to whom You may have created a specific account under Your responsibility (Walled Networks does not manage these accounts), that these obligations and automatic processing of their information, and You declare to have expressly obtained their permission prior to the fact.
You acknowledge and accept to make it Your personal business to respect applicable law concerning the gathering and processing of personal data that You may perform, directly or indirectly, within the framework of Our services.
All of the data sent to Walled Networks and collected by Our system are processed in order to allow for the good functioning of the services that We provide to You within the bounds of applicable law.
You acknowledge and accept that, since the use of Our services is done at a distance via Our secure website, in the event of a dispute concerning the conclusion or the execution of the Contract and the use of Our services and Your handles or those of Your administrators, contacts, or users, that the data in Our logs is authentic and notably the access codes associated to each Walled Networks handle or account (contacts, users, or administrators) and the IP Addresses within the bounds of applicable law.
This information is stored in an internal database.
Walled Networks may need to communicate this information, in order to meet a legal or regulatory obligation, or in the framework of any procedure to satisfy the demand of any competent authority (notably a judicial authority, Trustee Authorities, or the registries in charge of the various extensions).
We do not subcontract the processing of this data to anyone.
On the other hand, We do not process data that pertains to payments made by credit card, which is done directly on the secure websites of Our banking partners.
We commit:
You have the right to access, rectify, and object to Your personal contact information, as the owner of a Walled Networks Handle, and this, for all services that You have registered with Walled Networks.
You can exercise Your rights at any time by contacting Us at the address indicated on Our website, in the legal mentions page, or on Our website at https://www.walled.net/contact.
In addition to the present Walled Networks' General Service Conditions, the contractual conditions that are applicable to each of the services provided by Walled Networks may respectively specify the data that must be collected for each of the services, how that are processed and stored, as well as, if applicable, the ways that You can exercise Your right to access and oppose the personal data the concerns You if they are different than those described in the present Walled Networks' General Service Conditions.
By reselling Our services, You commit to:
In the event of a cessation of Your activity, You will find someone to take over the management of the services associated with Your reseller account, and to inform Your customers of this.
We may help You find Your replacement, or may offer to handle the management of the aforementioned services directly ourselves for Your customers.
You therefore give Us authorization to directly contact customers that benefit from Walled Networks' services that You resell, in order to allow Us to take over the management of the services subscribed to. Walled Networks will give full liberty to Your customers to choose another provider if they so wish, within the limits of Our Contracts.
At any rate, it is Your responsibility to assure that You already have obtained the agreement of You customers with regards to Our recovery of Your customers in the event that You stop using or close Your reseller account for any reason, or cease Your activity.
You agree to keep all Your insurance contracts current, and to make all due payments, in such a way that You are effectively covered and able to prove this immediately upon request.
Subsequent revisions and modifications of Our Contracts and of Our rates that are published on Our website, which will always display the applicable versions.
New versions of Our Contracts will be submitted to You for accepting on Our website when You perform an update to a Walled Networks handle that is attached to Walled Networks' General Service Conditions or any other Contract that is specifically applicable to the service or any subscription or renewal of a service. The new Contracts will take full effect.
You will be notified of them, including during the duration of the Contract, by e-mail, one month before they take effect, except in the case of an emergency that risks to jeopardize the stability and security of the platform and/or Our services, which will not allow Us to keep to this time frame.
In this case, the customer, defined as a "consumer" according to applicable law, may, if they refuse the changes made to the Contracts, terminate them within four months after the changes take effect under the conditions set forth in section 11 above, without penalty or fee. Past this deadline, if the customer has not accepted the changes to the Contracts, the new contractual conditions will be put into force without any further notification.
However, You may not transfer a service to a third party, unless for legal reasons or unless this is exceptionally and explicitly agreed by Walled Networks and the beneficiary, and validated on a case-by-case basis and, if applicable, according to the special conditions that are applicable to a given service.
In the event of any clause of the Contract being declared void or non-enforceable by a competent court, it shall be declared unwritten, and other stipulations shall remain in force to their full extent.
In compliance with applicable law, this Contract shall only have effects between the contracting parties, and may not be invoked by third parties.
Only the text of the Canadian version of this Contract shall govern in the event of a dispute of interpretation of the present Contract.
The parties should endeavour to settle any dispute concerning the validity, interpretation or execution of this Contract on an amicable basis.
You acknowledge to have been informed of and to have explicitly accepted that where no amicable resolution can be found, in accordance with the texts that are applicable to Us, and unless there is a provision to the contrary, any dispute regarding the interpretation or execution of any of Our Contracts may be brought before the Canadian courts.
In addition, You acknowledge and agree that, notably in the case that You need to act on Your guarantee to hold Walled Networks harmless, You may be brought before another jurisdiction in which the procedure may have been launched by a third party or on their behalf.
