Terms and Conditions for millertrades.ca

Last Updated: May 12, 2025

Welcome to millertrades.ca (the “Website”). This Website is owned and operated by Alex Miller, operating as Miller Trades (“Miller Trades”, “We”, “Us”, “Our”). By accessing or using this Website and Our services, including web hosting, domain name registration/management, and online directory services (collectively, the “Services”), you agree to comply with and be bound by the following terms and conditions of use (the “Terms”). If you disagree with any part of these Terms, you must not use Our Website or Services.

1. Definitions

  • “User,” “You,” “Your”: Refers to any individual or entity accessing the Website or using Our Services.
  • “Client”: Refers to a User who has registered for and/or purchased Our Services.
  • “Directory Lister”: Refers to a User who has submitted or has a listing in Our online directory.
  • “Content”: Refers to all text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website or is stored on Our hosting servers by a Client.

2. General Use of Website & Services

  • You agree to use the Website and Services only for lawful purposes and in accordance with these Terms, Our Acceptable Use Policy (AUP) (which will be provided separately or as part of the hosting agreement and is incorporated herein by reference), and all applicable laws and regulations.
  • We reserve the right to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.

3. Account Registration & Security

  • To access and use most Services (e.g., hosting, domain management, directory listing management), You will be required to create an account.
  • You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • You are responsible for safeguarding Your account password and for all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security.
  • We will not be liable for any loss or damage arising from Your failure to comply with these security obligations.

4. Intellectual Property Rights

  • All Content included on this Website (excluding Client-uploaded Content on hosting services) is Our property or the property of Our licensors and is protected by Canadian and international copyright and other intellectual property laws.
  • You may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
  • Clients retain ownership of the intellectual property rights in the Content they upload to Our hosting services, subject to any license granted to Us to provide the Services.

5. Web Hosting Services

  • Service Description: We provide web hosting services as described on Our Website or in Your specific hosting plan.
  • Acceptable Use Policy (AUP): Your use of Our hosting services is subject to Our AUP, which prohibits illegal activities, spamming, distribution of malware, infringement of intellectual property, and other disruptive or harmful activities. Violation of the AUP may result in suspension or termination of Your Services.
  • Client Responsibilities: You are solely responsible for all Content developed, stored, or transmitted through Your hosting account, and for the security of Your scripts, applications, and passwords. You are responsible for maintaining Your own backups, although We may offer backup services as an additional feature or courtesy (terms for which will be specified).
  • Resource Usage: Hosting accounts are subject to resource usage limits (e.g., disk space, bandwidth, CPU, memory) as specified in Your hosting plan. Excessive resource usage may require an upgrade or lead to suspension.
  • Uptime: While We strive for high availability, We do not guarantee uninterrupted service. Any applicable service level agreements (SLAs) for uptime will be outlined in Your specific hosting plan or agreement.
  • Backups: Unless explicitly included and defined in your Service Agreement, you are responsible for maintaining your own backups. While Miller Trades may perform routine server backups for its own disaster recovery purposes, these are not guaranteed for individual account restoration and should not be relied upon as your sole backup solution.

6. Domain Name Registration and Management Services

  • Registration: We act as a reseller for domain name registrars accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) or relevant country code top-level domain (ccTLD) authorities. Your registration of a domain name is subject to the terms and conditions of the applicable registrar and ICANN policies (including the Uniform Domain Name Dispute Resolution Policy – UDRP).
  • Ownership: The domain name will be registered in Your name or the name of the entity You designate, and You will be listed as the registrant, thereby retaining full ownership rights, subject to registration policies.
  • Accuracy of Information: You agree to provide accurate and complete WHOIS information for Your domain name registrations and to keep it updated. Providing false WHOIS information can be grounds for domain cancellation.
  • Renewals: You are responsible for renewing Your domain name(s) before their expiration date. While We may send renewal notices as a courtesy, We are not liable for any failure to renew a domain name. Domain names not renewed are subject to deletion and may be registered by others.
  • Transfers: Domain transfers are subject to the policies of the losing and gaining registrars and ICANN.
  • Disputes: Domain name disputes are subject to the UDRP and any applicable ccTLD dispute resolution policies.

7. Directory Listing Terms

  • Eligibility & Submission: Businesses or entities wishing to be listed in Our online directory (“Directory”) must submit accurate, current, and complete information. We reserve the right to approve, reject, edit, or remove any listing at Our sole discretion, particularly if it violates Our content guidelines or is deemed inappropriate.
  • Content Guidelines: Directory Listers are solely responsible for the accuracy, legality, and appropriateness of their listings. Listings must not contain false, misleading, defamatory, or offensive information, infringe on third-party rights, or promote illegal activities.
  • License to Use Listing Content: By submitting a listing, You grant Us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the content of Your listing on Our Website and in promotional materials related to the Directory.
  • No Endorsement: Inclusion in the Directory does not imply Our endorsement or recommendation of any business, product, or service. We are not responsible for the conduct of any Directory Lister or for the quality or legality of their offerings.
  • User Responsibility: Users of the Directory interact with listed businesses at their own risk. We are not a party to any transactions or disputes between Directory Users and Directory Listers.
  • Removal or Modification: Directory Listers may request to update or remove their listing by contacting Us. We will make reasonable efforts to process such requests.

8. Fees, Payments, and Refunds

  • Fees for Our Services (hosting, domains, premium directory listings, etc.) are as stated on the Website or in Your Service Agreement and are due in advance of service provision unless otherwise agreed.
  • All fees are quoted in Canadian Dollars (CAD) unless otherwise specified. Applicable taxes (e.g., HST) will be added.
  • Payments are typically processed via credit card or other methods indicated on Our Website.
  • Refund Policy: Refunds are provided at Our sole discretion or as explicitly stated in a specific Service Agreement or refund policy for a particular Service (e.g., a 30-day money-back guarantee for new hosting accounts, if offered). Domain registration fees are generally non-refundable once the domain is registered.
  • Non-Payment: Failure to make timely payments may result in suspension or termination of Your Services. We reserve the right to charge interest on overdue accounts and to engage collection agencies.

9. Term and Termination

  • The term of Your Services will be as specified in Your selected plan or Service Agreement.
  • You may terminate Your Services according to the procedures outlined in Your account control panel or by contacting customer support. Termination may be subject to notice periods and payment of outstanding fees.
  • We may suspend or terminate Your Services immediately and without prior notice for:
  • Violation of these Terms or Our AUP.
  • Non-payment of fees.
  • Activities that are illegal, fraudulent, or harmful to Us, Our network, or other users.
  • Upon termination, Your right to use the Services ceases immediately, and We may delete Your data from Our servers (subject to Our data retention policies and legal obligations).

10. Limitation of Liability

  • The Website and Services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation of the Website or Services, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in a Service Level Agreement (if applicable).
  • To the fullest extent permitted by applicable law, Miller Trades, its officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data (including loss of client data hosted on Our servers), use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services or data loss; (iv) unauthorized access, use or alteration of Your transmissions or content.
  • Our total aggregate liability to You for any claim arising out of or relating to these Terms or Our Services shall not exceed the total amount paid by You to Us for the specific Services in question during the three (3) months preceding the date the claim arose.

11. Indemnification You agree to defend, indemnify, and hold harmless Miller Trades and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: a) Your use and access of the Service, including any data or content transmitted or received by You; b) Your violation of any term of these Terms, including without limitation Your breach of any of the representations and warranties above; c) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; d) Your violation of any applicable law, rule or regulation; e) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or f) any other party’s access and use of the Service with Your unique username, password or other appropriate security code.

12. Third-Party Links & Services Our Website or Services may contain links to third-party websites or integrate with third-party services (e.g., payment processors, domain registrars) that are not owned or controlled by Us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

13. Modifications to Terms We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised terms.

14. Governing Law These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Orillia, Ontario, Canada for the resolution of any disputes.

15. Severability & Waiver If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.16. Contact Information If you have any questions about these Terms, please contact Us: admin@millertrades.ca