By purchasing a Tomboy Tools Canada personal website, you are agreeing to comply with and be bound by the following terms of use. If you do not agree to these terms, you should not purchase a personal website.  The term “WEI” or “us” or “we” or “our” refers to Werdermann eLearning Inc., the owner of the website.  The term “you” refers to the “customer” or “purchaser” of a personal website.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement"). This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on this Site, and you should review this Agreement prior to purchasing a personal website.

2. Network Security.
Customers may not use their personal website in an attempt to circumvent user authentication or security of any ISP, host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any ISP, user, host, or network. This includes, but is not limited to, hacking, phishing, flooding, mail bombing, or other deliberate attempts to overload or crash an ISP, host or network. WEI will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

3. Spam/Commercial Advertising/Mass Mailing

WEI EXPLICITLY FORBIDS ANY AND ALL TYPES OF MASS MAILING (SPAMMING) THROUGH THIS SITE. You must not use the WEI servers, or any WEI email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your personal website may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the WEI servers or any tomboytoolscanada.com email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. WEI solely reserves the right to refuse or cancel service to known spammers. WEI reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

4. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except where expressly permitted, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the site is the copyrighted work of third parties.

5. Backup/Restores
Although WEI tries to ensure that backups of the entire site are complete and accurate in case of catastropic failure, we cannot restore individual personal websites nor guarantee data integrity. WEI recommends that the customer periodically and frequently copy their site content to their local computer.

6. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with this Agreement and provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

7. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) create compilations or derivative works of any Content and Materials from the Site; (c) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (e) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (g) use any automatic or manual process to harvest information from the Site; (h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (i) use the Site in a manner that violates any provincial or federal law regulating email, facsimile transmissions or telephone solicitations.

8. User Supplied Content
All services may be used for lawful purposes only. Through WEI's service, you will have access to web pages email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on this site any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any Canadian Federal, Provincial, or Local Law. You are solely responsible for the content you make accessible through your personal website. You may not use the service to assist any other person or entity to violate any Federal, Provincial, or Local Laws, Ordinances, or Regulations. WEI is not obligated to monitor your personal website to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in our sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, WEI has the right, but not the obligation, to edit, remove, or deny access to such content. WEI may disclose any content or records concerning a customer's account as required satisfying any Law, Regulation, Governmental Request, or Court Order. Pornography and sex-related merchandising are prohibited on all WEI sites. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to WEI's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking/Phishing - Includes sites with material, links, or resources for hacking, phreaking, phishing, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.

9. Linking to the Site.
You may provide links to your personal website, provided that your site does not engage in illegal or pornographic activities.

10. Advertisers.
Your personal website may only contain advertising for Tomboy Tools Canada and no other advertisers, sponsors, or partners. You are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy, or problem in advertising materials.

11. Registration.
For the purposes of registering for a personal website, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  This registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

12. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, posted materials, and traffic information.

14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

15. Nontransferable.
Your right to use your personal website is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

17. Limitation of Liability

1. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
2. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $15 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

18. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  You may review this Privacy Policy by clicking on this link.

19. Billing / Payments / Setup Fees.
You represent and warrant that if you are purchasing a personal website that (i) charges incurred by you will be honored by your credit card company, and (ii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Web hosting service will be suspended on accounts that reach a billing delinquency of 30 days past due. Service interrupted for nonpayment is subject to a $50 + GST reconnection charge. The first month's payment on a personal website subscription is comprised of 50 percent for account setup (which could take up to one week) and 50 percent for web hosting for the remainder of the month.

20. Links to other Web Sites.
This Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

21. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same.

22. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

23. Account Cancellation.
WEI also does not monitor personal websites for usage and will not automatically cancel an account for non-usage. You may cancel your account at any time by following the directions in the "How do I cancel my account?" FAQ (available to registered site owners only). After receiving notification of your cancellation, we will remove your website from our servers at the end of your current billing period. If you cease to be a member of Tomboy Tools Canada's Home Consultants team, we will remove your website from our servers immediately upon receiving notification of your cancellation. Please note, if you should cancel your account before the expiration of the current billing period, WEI will not refund any prorated amount of the prepaid service cost.