OpenVZ.ca (Owned by Media-Hosts Inc.) (Herein known as Media-Hosts) agrees to deliver the agreed upon services, as declared in the Sign-up process, subject to the following Terms of Service (TOS).
The use of Media-Hosts' service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Media-Hosts' TOS. Media-Hosts reserves the right to change or modify the TOS at any time without notice.
Media-Hosts proudly offers its subscribers a "Price-Freeze Guarantee". This guarantee allows subscriber to use Media-Hosts' services with full confidence and zero-risk. Media-Hosts guarantees that it will not increase monthly fees for existing subscribers of any service plans. This guarantee is effective upon the start of a subscription. Immediately after the order-process is completed, a price-lock will be established on the subscription and the price cannot increase for the existing subscription with the existing service plan.
Subscriber is aware that Media-Hosts may proactively change the specified rates and charges from time to time, with any new rate or changed pricing to be exclusively effective for new subscribers or service plan changes. Subscriber is aware that rates and offers can change upon service plan modification or new account subscription and may or may not be available for purchase at any time in the future. However, existing subscriptions will establish a price-lock for their service plan upon sign-up and will not be affected by changed pricing or offers.
Media-Hosts guarantees that your website will be up and running at least 99. 9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Media-Hosts has no direct influence, such as backbone provider failures, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and Media-Hosts data center. The uptime guarantee is also not applicable if external issues such as Acts of God, Wars or any other natural or unnatural events that Media-Hosts cannot directly influence caused the service interruption.
Subscribers of Media-Hosts' services are allowed to post adult content. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
In order to meet the TOS terms, all subscribers MUST disclose that they are serving Adult Content on their Server/Shared Hosting Plan and must conform to all applicable laws in the residing host City.
The intention of Media-Hosts is to provide a large amount of space and resources for our customer's convenience of not having to worry about disk space or resource allotments.
These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Media-Hosts.
If a "Fair-Use" breach occurs, Media-Hosts may have to remove files from the subscriber's account in order to restore service to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Media-Hosts may have to take.
Media-Hosts takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Media-Hosts may not use, or permit others to use, our network to partake in UCE distribution. Customers of Media-Hosts may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Media-Hosts will initiate an immediate investigation. During the investigation, Media-Hosts may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Media-Hosts may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Media-Hosts reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Media-Hosts will notify law enforcement officials if the violation is believed to be a criminal offense.
Media-Hosts does not allow, under any circumstance, the hosting of an IRC server/bot(s) or anything related to IRC networks.
Media-Hosts does not allow, under any circumstance, the hosting of a Bit Torrent file tracker or any torrent clients such as, but not limited to (uTorrent, Transmission etc...).
Exception: Bit Torrent Clients CAN be used for downloading Legal content such as (Linux Distributions).
We do reserve the right to throttle any bit torrent traffic.
Establishment of this service is dependent upon receipt of payment of stated charges by Media-Hosts. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
Beginning April 1st 2011 — Due to high levels of fraud originating from countries outside of North America, new customers outside Canada or the United States will be subject to an additional documentation process when paying with a Credit Card. You will be asked to submit a scanned copy of Government Issued Photo ID matching the name on the Credit Card used to pay for your service. If the client does not feel comfortable with this additional procedure, we will accept payments from a Verified PayPal account with a matching email address used to signup for services with Media-Hosts.
Media-Hosts may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
All late payments will be assessed a 5% late payment fee. If a service is suspended due to late payment, there will be a $25.00 processing fee to re-instate the service.
A subscriber may cancel his account at any time. If requesting a cancellation, we ask that subscriber briefly explain the reasons for doing so, as well as any suggestions on how Media-Hosts could improve service. The cancellation will take effect immediately.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Media-Hosts and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Media-Hosts shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Media-Hosts. Subscriber further acknowledges that the Media-Hosts' liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Media-Hosts be liable for any special or consequential damages, loss or injury.
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Media-Hosts' DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers cannot be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Media-Hosts on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.
Media-Hosts provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support:Media-Hosts provides support related to your service plan's features' physical functioning. Media-Hosts does not provide technical support for the subscriber's customers. The only way to request technical support is to utilize the technical support helpdesk located at http://secure.media-hosts.com/knowledgebase.php
If Media-Hosts assigns a subscriber an IP address for use with a subscription package, the right to use that IP address shall belong only to Media-Hosts and the subscriber shall have no right to use that IP address except as permitted by Media-Hosts. Media-Hosts shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Media-Hosts. Media-Hosts reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Media-Hosts will monitor subscriber's bandwidth and disk usage. Media-Hosts shall have the right to take corrective action if subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Media-Hosts' sole and absolute discretion, at any time deemed necessary by Media-Hosts. If Media-Hosts takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, subscriber will be warned of approaching or exceeded resource limits via email.
Subscribers or any network users are prohibited from violating or attempting to violate the security of Media-Hosts' network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Media-Hosts will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
Media-Hosts is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Media-Hosts will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:
First violation: Any Subscriber, which Media-Hosts determines to have violated any element of this TOS, shall receive an email warning them of the violation. Subscriber's service is subject to a temporary suspension at Media-Hosts' discretion pending a subscriber's agreement in writing to refrain from any further violations.
Second violation: Subscribers, whom Media-Hosts determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: Media-Hosts reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. Media-Hosts will contact the subscriber as soon as it is feasible.
Media-Hosts reserves the right to suspend network access to any subscriber if in the judgment of Media-Hosts, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Media-Hosts deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault.
Subscriber must provide Media-Hosts real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Media-Hosts may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
Each party (the "Indemnifying Party") hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This TOS is subject to the governing lawsof the province of Ontario. Courts of competent jurisdiction in Ottawa, Ontario shall hear and decide any disputes.
In the event that website design is contracted by a subscriber, all intellectual property including domain names, code and images remain the property of Media-Hosts unless otherwise specified and/or negotiated or until payment is made in full and cleared Media-Hosts' bank.