Terms of Service

Thank you for choosing the services provided by Nicmus inc. (“Nicmus”). Your use of Nicmus services, products and sites is subject to a legal agreement between you and Nicmus, known as the “Terms of Service”.

1. Consent to Terms of Service

By using our services and sites you agree to the following terms, policies or amendments known as the Terms of Service. You may also agree to the Terms of Service by clicking to accept or agree to the Terms of Service, where this option is made available to you by Nicmus.

Nicmus reserves the right to modify the Terms of Service without notice.

2. User Responsibilities

Nicmus will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure. You must provide current and accurate identification, contact, and other information as part of the registration and billing process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You agree to immediately notify Nicmus of any unauthorized use of your account or any other breach of security. You are solely responsible for all content on your account.

3. Acceptable Use

You agree to use Nicmus services only for legal purposes and in accordance with the Terms of Service and any applicable policies. You agree that you will not engage in any activity that interferes with or disrupts Nicmus services or servers or networks connected to Nicmus services. You agree that you are responsible for the conduct of all users of your account.

You agree that you are responsible for maintaining your own account. You understand that all content on Nicmus services, such as information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials, are the sole responsibility of the account from which such content originated. You agree that you are responsible for any content that is created, transmitted, stored, or displayed by, from, or within your account while using Nicmus services and for any consequences thereof.

Nicmus reserves the right, but does not assume the responsibility, to monitor or review any content on Nicmus services.

Nicmus advises users to print or save a local copy of the Terms of Service.

4. Prohibited Use

You agree that any of the activities below are prohibited and will result in immediate account suspension or cancellation without a refund and the possibility that Nicmus will impose fees and pursue civil remedies.

It is prohibited to engage in unsolicited communications, including: sending unsolicited bulk messages utilizing our servers, generating a significantly higher volume of outgoing e-mail than a normal user, using a non-existent email return address or sending out unsolicited email from any other network that points to a Nicmus server.

It is prohibited to access or attempt to access, illegally or without authorization, computers, networks or accounts not belonging to the party seeking access. Any act relating to the circumvention of security measures, or which interferes with the services of another user or network, is similarly prohibited.

It is prohibited to provide false data on any contract or application, including fraudulent use of credit card numbers.

It is prohibited to otherwise engage in illegal activities or in activities harmful to the operations of Nicmus or its customers.

5. Cancellation or Suspension

Nicmus may cancel or suspend your access to Nicmus services at any time and for any reason without notice. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining just before we terminated your service.

Upon cancellation or suspension, your right to use Nicmus services will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with Nicmus services.

You may terminate your use of Nicmus services at any time by following the instructions in the Account Settings Page. As soon as you cancel the service, by deleting your account, your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with Nicmus services.

6. Payment

As consideration for the services you have selected, you agree to pay Nicmus the applicable service fees and any applicable sales taxes set forth on our website at the time of your service selection. All fees are due immediately and are non-refundable. Should payment not be received past the expiration date as set on the Zones Listing you understand that such zones will no longer be serviced by us and will be deleted thirty (30) days past the expiry date. It is your responsibility to ensure services provided by Nicmus are renewed in a timely manner.

Nicmus is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Nicmus. Currency exchange settlements will be based on agreements between you and your credit card provider. In addition, we do not give pro-rated refunds for unused time if cancellation is requested before service expiration date. We reserve the right to change our fees, but will notify you in advance of increases.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NICMUS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE NICMUS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO NICMUS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF NICMUS AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE NICMUS INC. SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY AND INFRINGEMENT) SHALL NOT EXCEED THE ANNUAL SUBSCRIPTION FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.

8. Limitations and Exclusions

Nothing in this agreement is intended to limit or exclude any condition, warranty, right or liability which may not be lawfully excluded or limited.

9. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF NICMUS SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY NICMUS ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTEES APPLIED.

11. Indemnity

You agree to defend, indemnify and hold harmless Nicmus, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:(i) your use of and access to Nicmus services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of Nicmus services.

12. Notice

You agree that Nicmus may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Nicmus services.

13. Applicable law

The Terms of Service shall be governed by the laws of the Province of Saskatchewan, Canada.

July 7, 2010