Mediaforce Inc. Services Terms and Conditions
Mediaforce reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.
User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Mediaforce that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.Solely for purposes of providing the Services, you hereby grant to Mediaforce a non-exclusive, royalty-free, worldwide right and license to: make archival or backup copies of User Content and User Websites. Except for the rights expressly granted herein, Mediaforce does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Mediaforce exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Mediaforce’s computers, network hubs and points of presence or the Internet. Mediaforce does not monitor User Content. However, you acknowledge and agree that Mediaforce may, but is not obligated to, immediately take any corrective action in Mediaforce’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Mediaforce shall have no liability due to any corrective action that Mediaforce may take.
Account Security and Mediaforce Systems.
If you do not have a Maintenance contract with Mediaforce It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Mediaforce may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Mediaforce of an ongoing issue, we reserve the right to keep your account disabled. If you are not a Maintenance client, upon your request, Mediaforce may clean-up your account for an additional fee.
Mediaforce reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to cooperate fully with Mediaforce in connection with Mediaforce’s provision of the Services. If you are not a Maintenance Client or your application was not created by Mediaforce, it is solely your responsibility to provide any software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Mediaforce is not responsible for any delays due to your failure to timely perform your obligations.
If you are not a Maintenance Client or your application was not created by Mediaforce, you are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Mediaforce to provide the Services, which may be changed by Mediaforce from time to time in our sole discretion.
If you are not a Maintenance Client, you are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Mediaforce provides nightly backups as a courtesy but does not warrant the accuracy of any back-up User Content, and you agree to accept the risk of loss of any and all User Content.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by Mediaforce is subject to the terms of this Agreement and the Acceptable Use Policy
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Mediaforce expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Mediaforce may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Mediaforce’s terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Bandwidth Usage.
Shared servers are limited in their bandwidth allowance are subject to the terms of the plan you purchased and can be viewed in your control panel. Your account will be suspended immediately upon exceeding your monthly bandwidth limit. Additional bandwidth may be purchased as an add-on to your current service for an additional fee.
Hosting Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service commences, which includes renewals. Payment is due on or before your invoice due date. Billing will continue until you cancel your hosting account. We do not offer credits or refunds for hosting time already expended.
If cancellation is by Mediaforce Web Hosting due to a violation of this agreement, there will be no refund. Mediaforce Web Hosting will only allow for the refund if cancellation is not the fault of the client, as determined by Mediaforce Inc. All monetary transactions are in Canadian dollars where specified. Additional features can be added at any time. Mediaforce Web Hosting reserves the right to change prices at any time.
Mediaforce Web Hosting reserves the right to suspend an overdue account without notice. Furthermore, Mediaforce Web Hosting reserves the right to completely remove a website from its servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency.
Services Cancellation
Early cancellation of any services agreement unless otherwise stipulated will incur a 3 month penalty based on the amount of current monthly charges at the time of cancellation. Cancellation must be done in writing by email to [email protected]. To cancel your hosting account, please submit a support ticket or email which includes your domain, login and password. Please allow up to 48 hours for confirmation. Please note that we cannot provide any refunds on any services or contracts for unused time. Domain registrations, renewals and transfers are non refundable. There is a 30 day cancellation period. Maintenance contracts have a 3 month cancellation penalty if cancelled prior to anniversary.
IP Intellectual Property
CLIENT makes no claim on any intellectual property or what Mediaforce deems to be IP including but not limited to; strategies, methodologies, ads and ad copy, technologies, accounts, tools, graphics or other media or data created by MEDIAFORCE considered by Mediaforce to be it’s own IP. Mediaforce reserves the right to withhold any IP related data or information from client. If client wishes to purchase Mediaforce marketing strategies and any IP along with it, the charge will be based on a quote at that time.
Indemnification Policy
You agree to use all Mediaforce Web Hosting services, email services and Web Development, design, marketing & maintenance services at your own risk. Mediaforce specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Mediaforce Incorporated be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Mediaforce Incorporated harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mediaforce, 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 to customer, it’s agents, employees or assigns.
MEDIAFORCE Inc. will not be held responsible for any loss of intellectual property, content and database information, emails and loss of revenues as a result of your engagement of our services. Under no circumstances shall MEDIAFORCE Inc. be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use our service, or yours, or any third parties’ reliance on or use of information, services, or merchandise provided on or through our service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Customer agrees to defend, indemnify and hold harmless Mediaforce against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with Mediaforce Web Hosting’ or services; Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement; Any defective services or products sold to customer from Mediaforce.
Mediaforce shall be the sole judge of what violates this Policy.
Domain Registration
Mediaforce Web Hosting can register domains on behalf of the user. Domains will be registered once payment is received and are non-refundable. You must abide by the “Domain Name Terms”. Mediaforce Web Hosting is not responsible for the renewal of your domain if you fail to respond to our notifications or maintain a credit card on file. Domains are automatically renewed unless a cancellation ticket or email is submitted at least 30 days prior to renewal.
