I. Mission Statement A. Mediumcube provides Internet & Application Web Hosting. Mediumcube has certain legal and ethical responsibilities regarding the use of its servers and equipment involved in these services. Mediumcube reserve the right to terminate a service without notice if the account holder is in violation of the below terms and conditions. We prefer to advise customers of inappropriate behavior and any necessary corrective action ahead of time, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. B. Mediumcube’s general policy is to provider our customers reliable Internet hosting experience. Mediumcube has specific ethical concerns regarding the use of its computers as detailed below: II. Miscellaneous Provisions A. Acceptable Bandwidth Use and Unacceptable Overuse Clause 1. Bandwidth is a term used to describe the total traffic your web site and other services associated with the use of your account consume. Bandwidth includes all data transfer in and out of your website. 2. Bandwidth Transfer includes the following: HTML, e-mail transfer, httpd or ftp downloads from webpage, anonymous FTP downloads, CGI scripts, Real Audio, Real Video, Telnet, and SSH, SQL, PERL, PHP, ASP. 3. If you have any questions on this policy, contact us prior to signing up. 4. Mediumcube shared hosting services are designed to offer generous bandwidth capacity for the purpose of normal business and personal use. Shared Hosting services bandwidth transfer is not appropriate for media streaming or concurrent files download 5. Mediumcube will provide you with web statistics software to monitor your own bandwidth, however, it is the sole responsibility of the site operator to be aware of their bandwidth usage B. Background Running Programs 1. We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge may incurred based on system resources used and operational maintenance needed. 2. You must notify Mediumcube prior to the installation of any background running programs. The final consent and total fee must be arranged ahead of time. C. New Domain Name Registration 1. The customer who registers for services is the legal owner of any domain name registered as long as their account remains in good standing. 2. Mediumcube reserves the right to seize any domain name at any time for the following reasons: a. Placing dispute with customer’s credit card institution on any payment debited by Mediumcube; and b. Violation of any provision of this service agreement. b. Outstanding balance on the account for any services related or not to the domain registration. D. Disk Storage 1. The intention of Mediumcube is to provide a large space to serve web documents and applications 2. Web sites that are found to contain no html or php documents, or a large number of linked files, are subject to warning, suspension or cancellation at the sole discretion of Mediumcube’s management. 3. Mediumcube does not allow the reselling of your web space on any of its shared packages. If your intention is to sell space, you are required to signup with one of the Reseller’s Packages. 4. Mediumcube will notify you once you have reached your disk space usage limit. Thereafter, you have the option to upgrade to another package or reduce the amount of space usage. You will not be able to receive further emails or upload files to your site once the disk space limit has been reached. E. CGI Scripts 1. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish. 2. Mediumcube reserves the right to disable and or remove any CGI script that affects normal server operation without prior warning. 3. Any CGI script owned and installed by you which has been stuck in memory by error will be removed immediately and the account holder will be warned of this activity. If further abuse of the system resources continue, Mediumcube reserves the right to suspend the account and be compensated for any damages it may cause. III. Conditions A. Any provision of this contract is broken will result in immediate account termination. B. Payment Policies 1. 30 days guarantee applies to shared/cloud hosting customers only. 2. Setup fees are not refundable. 3. Guarantee does not apply to overages of any kind. 4. Resellers, dedicated severs, co-locations services, and domain registration fees are not refundable. 5. All accounts are set up on a pre-pay basis. 6. All pricing is guaranteed for the term of pre-payment. 7. Mediumcube reserves the right to change prices at any time, unless other terms have been agreed upon in writing signed by management of Mediumcube. 8. Any account not brought current within one week (7 days) of e-mail notices or exceeding this time frame in any way is subject to suspension or cancellation. 9. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notified Mediumcube to request for termination of services. 10. All payments are to be made and are charged on your credit card (if applicable) in USD or CAD currency. 11. Mediumcube will bill each client an extra $50 for every returned check refused by the bank and $25 for each wire transfer received. 12. Accounts not bought up to date will be submitted to a collections agency if overages are owed. C. Cancellation 1. Mediumcube’s reserves the right to cancel service at any time for any reason without liability. 2. Any violation of policies that results in extra costs will be billed to customer (i.e. transfer, space, etc.). This billing will be on the original credit card (if applicable) as originally submitted at time of order with the approval of you by signing this agreement. 3. All clients who wish to cancel must make their request via the support desk located within the Client Center. Mediumcube DOES NOT accept cancellation requests via any other methods of communication. NOTE: If you don’t receive confirmation of cancellation within 24hrs, it indicates we have not received your cancellation request. 4. Clause III of this agreement shall remain in full effect even after full account cancellation has been completed and confirmed via electronic mail. 5. Once an account is cancelled and customer notified by electronic mail, customer understands that all material stored including but not limited to email will be lost. Customer cannot hold Mediumcube liable for any lost information the customer failed to back up. V. Method of Payments A. Credit Card Payment – You understand that all account sales are final. You further understand that unfounded disputed charges will result in a $50 merchant processing fee. B. Check Payment – Accounts are set up only upon receipt of payment. Any check that is returned to Mediumcube is subject to a $50 returned check fee and $25 processing fee. You understand that all account sales are final. C. Wire Payments – Any wire received from customer of Mediumcube’s will be subject to a $25 wire processing fee. Advanced notice to billing@Mediumcube.com must be received. Mediumcube must pre-approve any request made. You understand that all account sales are final. VI. Prohibitions A. Server Abuse 1. Any attempt to undermine or cause harm to a server, or customer, of Mediumcube is strictly prohibited. 2. Mediumcube will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include but are not limited to “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning. 3. You understand that any unauthorized use of accounts or computer, whether or not the attacked account or computer belongs to Mediumcube, will result in action against the attacker. Possible actions include warnings, account cancellation, and civil or criminal legal action, depending on the seriousness of the attack. B. Unsolicited E-Mail (spam) 1. Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate postings may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. 2. “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 and have confirmed through e-mail they wish to susbcribe to that list. Additional, each mailing list email should contain an easy unsubscribe removal link. 3. Mediumcube does not tolerate Spam. Upon your first purposeful Spam offense your account will be terminated. In the event the act of sending spam emails causes damages to our reputation or service a maintenance fee of $500 will be billed to your payment method used upon sign up. This is due to the enormous amount of time it takes to serve spamming victims. If customer paid by credit card, they agree to pay this fee. C. Copywritten Files 1. Files found on Mediumcube’s servers which are found to violate International or local copywrights agreements will be removed and the account cancelled immediately without prior notification to the customer. All copyright owners will be notified accordingly. 2. In addition, a management fee of $500 per copywritten file will be billed to the customer’s method of payment upon sign up. If you paid by credit card you agree to accept this/these debits. 3. Mediumcube will be the sole arbiter as to what constitutes a violation of this provision. D. IRC -We currently do not allow IRC or IRC bots to be operated on our servers. If one is found to be operating, it will be removed and your account terminated without prior notice to you. E. Chat Rooms 1. Due to the large amount of bandwidth and system resources used by chat rooms, you understand that you are not allowed to install your own chat room without first approving it with the Mediumcube support team. The Mediumcube Support Team can be reached at support@Mediumcube.com. 2. Parachat chat rooms are acceptable and do not apply to this rule. They may be installed without prior approval from Mediumcube. 3. If you have any questions concerning whether your proposed chat room is a parachat chat room, contact Mediumcube prior to installation. F. Abuse of SMTP Mail Server 1. By signing up for Mediumcube account, you agree not to share your SMTP account with anyone and to maintain high standards for sending out emails not be in violation of Section VI Paragraph B. 2. You may contact Mediumcube’s sales department to work out a contract for additional e-mail at a price to be determined by Mediumcube. VII. Lawful Purpose A. Mediumcube reserves the right to refuse service to anyone. B. Customers may only use Mediumcube’s server for lawful purposes. C. Transmission of any material in violation with Federal, State or Local regulation is prohibited. This includes, but is not limited to, copywritten 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 Mediumcube’s management. D. Regardless of the place of signing this agreement, the client agrees, for purposes of venue, this contract was entered into City of Ottawa, Province of Ontario, Canada and any dispute will be litigated or arbitrated in this jurisdiction. VII. Indemnification A. You agree to defend, indemnify, save and hold Mediumcube harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mediumcube, 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 you, your agent, employee. B. You agree to defend, indemnify and hold harmless Mediumcube against liabilities arising out of but not limited to: 1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Mediumcube’s server; 2. Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party. Copyright laws, using other peoples websites, graphic images, or files, is not granted, it is against the law; 3. Copyright infringement; or 4. Any defective products sold to customer from Mediumcube’s server. IX. Disclaimer A. Mediumcube is not responsible for any damages suffered by you or your business as a result of services we provide. We strive to offer reliable service but the availability and usage of such service will be for non-critical usage. If you do require critical services, you must advise Mediumcube support ahead of time. B. Mediumcube makes no warranties of any kind, expressed or implied, for services we provide. Mediumcube liability is limited to the equivalent of the monthly fee the account holder paid for the service that month. Mediumcube will not be responsible for any other costs whether foreseen or not. It is the responsibility of the account holder to select a service level that matches their legal and business requirement. C. Mediumcube 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 Mediumcube and its employees. It is the account holder sole responsibility to ensure they maintain valid and working backups. Mediumcube does backup its customers data but does not provide any guarantee as to the availability or status of this backup. Further, Mediumcube offers many backup methods and strongly encourage its customers to subscribe to additional data backup services (such as Remote Backup and Local Backup). Mediumcube does not warranty any of its backup service or the integrity of the data on its servers. D. Mediumcube reserves the right to revise its policies at any time without notice. Mediumcube also reserves the right to change pricing at anytime. It is the customer’s responsibility to monitor www.mediumcube.com/about/acceptable-usage-policy for policy changes. E. All Sub-Networks and resellers of Mediumcube must adhere to the above policies. F. Failure to follow any term or condition will be grounds for immediate account deactivation without refund. |
