TERMS OF SERVICE

(services/hosting)

 

1. Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s). It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

 

2. Content

All services provided by MidCanada Production Services Inc. may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless MidCanada Production Services Inc. from any claims resulting from the use of our services. Examples of unacceptable material:

 

• o Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
• o Mailbombers or any sort of spam sites
• o IRC Bots
• o Warez Sites
• o Hate Sites
• o Roms / Emulators
• o Pirated Software
• o Proxies
• o Hack programs and archives
• o Malicious Scripts

 

3. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. MidCanada Production Services Inc. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. MidCanada Production Services Inc. also reserves the right to make any such modifications in an emergency at our sole discretion.

MidCanada Production Services Inc. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of MidCanada Production Services Inc. All rights reserved.

 

4. Payment Information

You agree to supply appropriate payment for the services received from MidCanada Production Services Inc., in advance of the time period during which such services are provided. You agree that until and unless you notify MidCanada Production Services Inc. of your desire to cancel any or all services received, those services will be billed on a recurring basis on the first of every month. MidCanada Production Services Inc. reserves the right to change the monthly payment amount and any other charges at anytime.

 

5. Backups and Data Loss

Your use of the service is at your sole risk. MidCanada Production Services Inc. is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate back-ups of files and data stored on MidCanada Production Services Inc. servers.

 

6. Cancellation and Refunds

MidCanada Production Services Inc. reserves the right to cancel the account at any time. Customers may cancel at any time. Payment will terminate at the end of the current cancelation month. The remainder of the monthly charge will not be refunded. Accounts cancelled/terminated by MidCanada Production Services Inc. do not qualify for the refunds. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.

 

7. Resource Usage

Users may not initiate the following: (Suspensions for these may be made WITHOUT prior notice)

 

a. Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. This is purely at the system administrators discretion. Resellers users cannot run any process that requires more than 10% of all available system resources at any time.

 

b. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

 

c. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

 

d. Run any software that interfaces with an IRC (Internet Relay Chat) network.

 

e. Run any bittorrent application, tracker, or client.

 

f. Participate in any file-sharing/peer-to-peer activities.

 

Bandwidth Usage

 

You are allocated a predetermined monthly bandwidth allowance. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

 

Price Change

 

MidCanada Production Services Inc. reserve the right to change prices listed on MidCanada Production Services Inc., and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period.

 

Indemnification

 

Customer agrees that it shall defend, indemnify, save and hold MidCanada Production Services Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MidCanada Production Services Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MidCanada Production Services Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MidCanada Production Services Inc.; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from MidCanada Production Services Inc.'s server.

 

Disclaimer

 

MidCanada Production Services Inc. will not be responsible for any damages your business may suffer. MidCanada Production Services Inc. makes no warranties of any kind, expressed or implied for services we provide. MidCanada Production Services Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by MidCanada Production Services Inc. and its employees.

 

Changes to the TOS

 

MidCanada Production Services Inc. reserves the right to revise its policies at any time without notice.

 

 

 

Thank you, The Midcan Team