TOS - Terms Of Service / AUP - Acceptable Use Policy (Effective 04/01/2017)

This Terms of Service is between the "Customer" and Cirrus Tech Ltd. d/b/a HostMDS, located at 212-5000 Dufferin St. Toronto, ON, Canada.

Upon activation of your account with HostMDS this agreement becomes active and will become void once the account with the Provider is terminated.

General Information
HostMDS Terms Of Service / Acceptable Use Policy ("TOS/AUP") document is designed to provide a clear understanding of regulations, restrictions regarding the user of HostMDS services. HostMDS reserves the right to modify the Acceptable Use Policy from time to time, effective on the date of posting. HostMDS may not notify the customer of the change, however it is the customers responsibility to frequently check back to ensure they are upto date with the policy. By using our services, and agreeing to the Terms of Service ("TOS"), you agree to abide by the TOS as modified from time to time. Any violation of the TOS may result in the suspension or termination of your service without notice and without refund. An activity that is unlisted may also be a violation of the TOS if it is illegal, irresponsible, or disruptive to the use of the Internet. THE VIOLATION OF ANY TOS OR ANY OTHER POLICY IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION FROM THE SERVICES PROVIDED BY HostMDS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF HostMDS SERVERS. "CONTENT" INCLUDES, BUT NOT LIMITED TO; E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS HostMDS POLICY TO TERMINATE REPEAT OFFENDERS, HostMDS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME, WITHOUT REASON. HostMDS. services may only be used for lawful purposes Transmitting, Storage, or Distribution of any information, data or material in violation of Canada’s Federal, Provincial and local regulation or law, or by the common law, is prohibited. This includes, but is not limited to copyright, trademark, trade secret, or any other statue. HostMDS reserves the right to remove the infringing data from its server along with the account at our discretion. HostMDS forbids anyone using our servers to distribute, store or transmit obscene or any other material which HostMDS determines unacceptable. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of HostMDS management. Regardless of the place of signing this agreement, the Customer agrees that for purposes of venue this contract was entered into in Toronto, Ontario, and any dispute will be litigated or arbitrated in Toronto, Ontario, Canada. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in York Region courts.

Ethical E-mail Usage (SPAM)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire subscription will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with HostMDS will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

Adult Content
HostMDS does allow Adult Content on our services. Though, HostMDS reserves the right to refuse, terminate or delete any content that is determined to be unacceptable. Any content that is determined to be illegal based on the laws of the Province Of Ontario and within the Canadian Federal Court, will be deleted without notice to the client.

Torrent Content
HostMDS strictly prohibits the storage and distribution of, or linking to, Torrents or Torrent sites.

Web Space (Shared Hosting & Reseller Hosting ONLY)
The webspace provided to you on HostMDS shared hosting and reseller hosting plans is strictly for hosting conventional websites, not for web storage. You shall at all times use Web Site Space exclusively as a conventional Web Site. Accounts using these plans for Web Storage purposes and not solely for web site content will be suspended.

Network Security
Customers may not use the HostMDS network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere with or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HostMDS. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

IP Address Ownership
HostMDS Tech. Ltd. shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by HostMDS Tech. Ltd. and HostMDS Tech. Ltd. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Intellectual Property Rights
Material accessible to you through HostMDS services may be subject to protection under the Canada & United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use HostMDS Tech. Ltd. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HostMDS Tech. Ltd. network. If you use a domain name in connection with HostMDS Tech. Ltd. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Domain Whois Privacy Service
Right to Suspend and Disable. HostMDS shall have the right, at our sole discretion and without liability to customer or any of customer contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon HostMDS; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs. Customer understands and agrees that, in the event that we receive a formal complaint, notice of claim or UDRP, that HostMDS will have the right to disable the Whois Privacy Service pending final disposition of the matter.

Excessive Usage
Customers are required to utilize the servers resources in an efficient and responsible manner. Excessive use of server CPU, bandwidth and memory resources by a customer can interfere with or prevent normal service performance for other customers. Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes: scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The Customer whom is using "excessive resources" will be asked to upgrade his/her package to one of our dedicated server packages or switch web hosting providers. HostMDS will be the sole and final arbiter as to what constitutes a violation of this policy. Any files that are stored on our shared hosting servers by a surveillance / camera system or storing too many media files may cause your account to be flagged for Excessive Usage. This typically causes your account to be flagged for Excessive Usage because of the number of images that you are sending to your account. These files may be deleted automatically without warning. For this type of application, a Dedicated Server would be your best solution.

Data Backups
The customer is responsible for all data backups. If a server suffers from a data loss, it is the sole responsibility of the customer to restore the data. Also you cannot use server for storing backup files so you should always download backup files off the server as these files may be deleted automatically without warning.

INODE Limit
To ensure optimal performance on our shared servers, we periodically check INODE usage (Number of files) on the server. Although we do not have a hard limit as we would like to offer more flexibility to Customers but we at the same time we expect Customers to use the shared server responsibly. Any Customer using more than 400K inodes will be asked to clean the account or upgrade his/her package to one of our dedicated server packages or switch web hosting providers.

Bandwidth Usage
HostMDS offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. There is a daily 500MB transfer cap or total bandwidth divided by the number of days in the current month, whichever is higher. If you exceed your bandwidth limit for any given month, your account will be suspended until after the next month, warning e-mail's are sent out before your account reaches the maximum to give you advance notice of bandwidth consumption.

Bandwidth Stealing
Bandwidth stealing is defined as using a temporary URL to access your website after the first 72 hours of your account creation, or using the temporary URL as a download link for large files. This is against the TOS, and will result in: (a) Customer billed at $2.50 per GB used and/or (b) Suspension & Termination of account without refund (if within the money back period).

Unlimited Shared Hosting Space - excessive MySQL files
HostMDS does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's Website, nor does HostMDS charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with this Agreement. Accounts with a large number of files (inode count in excess of 400,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. HostMDS may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure the proper performance of the Services or may terminate the Subscriber's account, with or without notice.

Unlimited File Transfer
HostMDS does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does HostMDS charge additional fees based on the increased use of bandwidth, as long as the Subscriber's use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, HostMDS reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

Mass Mailing
Our authorized usage policy requires that ALL mass mailing (meaning any email sent to more than one recipient) must have an easy one-click unsubscribe link to allow recipients to easily opt out.

Technical Support
HostMDS will provide technical support relating to the Hosting Services via its trouble ticket system. The trouble tickets are answered 24/7/365. The trouble ticket system can be accessed by: (i) logging into your account via www.hostmds.com ; or (ii) email. The scope of our technical support is primarily limited to the functionalities within the Control Panel in addition to hardware and HostMDS network related issues. Support issues that require HostMDS technicians to login to SSH or Remote Desktop (Terminal Services) to Customers VPS’s or VM’S, modifications of Customers’ hosted custom application, or troubleshooting of Customer’s code, are out of the scope of our support. NOTE: HostMDS Support Technicians reserve the right to provide additional support on a per case basis. HostMDS provides no guarantees that issues beyond the scope of technical support will be resolved for Customers subscribing to management plans or additional support hours. HostMDS will not be able to provide additional support if Customers, VPS or VM’s operating system is inaccessible, or the support issue is beyond the capability of our senior technicians.

Renewals
By default Customer accounts paid by Credit Card are set to auto-renew to avoid suspension of services by the automated provisioning system or lose sensitive data and domains ownership. Customers can change the renewal settings on the account through their Customer area or by contacting our Billing Department to disable auto-renewal settings, if preferred otherwise. No refunds are issued for renewals (see Refunds).

Changing Subscriptions
The Customer has the right to switch plans at anytime during the duration of their subscription. A credit for the unused portion of the subscription can be applied by HostMDS towards the acquisition of a new subscription. If the switch is determined as a downgrade by HostMDS an administrative fee will be applied to change plans. Customers will not be refunded for any difference between the price of the new subscription and the old subscription(s). Any balance will be left on the Customer’s account as a credit to be used for subscription renewals or future subscription purchases.

Payment Policy
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. HostMDS reserves the right to change prices at any time, unless other terms have been agreed upon. HostMDS will provide email notice for upcoming renewals 14 days prior to the due date. Any account not brought current by due date or exceeding this time frame in any way is subject to termination. For resellers and partners, if ANY of your accounts are in the arrears, HostMDS reserves the right to disable all of your Customers and your entire reseller portfolio. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HostMDS at sales@hostmds to request for termination of services. HostMDS will bill each Customer $35 per returned check, per wire transfer received and per credit card charge-back received.

Refunds
HostMDS will fully refund the designated amount as determined by HostMDS billing department, for new subscriptions that have not violated our Terms of Service and that have not passed the 30-day full money back guarantee period. The 30-day full money back guarantee period only applies to new subscriptions on a 3-month or greater subscription period. 30-day full money back guarantee period DOES NOT apply to VPS/VM’s, Dedicated Servers, upgrades/add ons to Existing Subscriptions, Domain Registrations, SSL Certificates, Subscription Renewals. HostMDS reserves the right to offer partial refunds on a per case basis as long as the Customer has not violated our terms of services. Administrative fees will be charged for any refunds unless the 30-day full money back guarantee applies. NOTE: Absolutely NO refunds will be issued on renewal orders if Customer has not requested termination of services within 7 days from the time the automatic renewal has been processed.

Free Domain Registration or Transfer
HostMDS offers a free 1 year registration of a new domain name or transfer of an existing domain name for use with selected services purchased for 1 year or longer. The free domain name can only be used as the primary domain for the account and must be selected at time of purchase. The domain is purchased under the name of the customer and is not locked. Future renewal of domains is billed at the going rate for domain renewals. In the event the hosting service is terminated and a refund is initiated the value of the domain is non-refundable and subtracted from the refund based on the domain registration cost at the time the order was placed. Existing and previous customers are not eligible for the free domain registration or transfer and will be billed at the going rate for domain registration and transfers.

Cancellation By HostMDS
HostMDS reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HostMDS. if HostMDS institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

Cancellation By Customers with a signed Agreement
If the Customer decides to cancel the Services, the Customer shall pay to HostMDS. an amount equal to the total cumulative amount of fifty (50%) percent of the monthly fees for the Services to the end of the Term.

Disclaimer
HostMDS is not responsible for content distributed through our customers’ websites and will not be held liable for such. HostMDS makes no warranties of any kind, expressed or implied, for services we provide. HostMDS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostMDS and its employees. HostMDS reserves the right to list HostMDS Customer names and company logos on the HostMDS website and/or marketing materials. Customers may ask their name to be removed from the HostMDS website and marketing material at any time by emailing sales@hostmds.com. HostMDS reserves the right to deny new accounts to anyone deemed a risk by the staff. HostMDS reserves the right to revise its policies and prices at any time without prior notification.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HOSTMDS. LTD. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST HOSTMDS. LTD., 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, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOSTMDS. LTD. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HOSTMDS. LTD.’S SERVER; (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 CUSTOMER FROM HOSTMDS. LTD.’S SERVER.

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