Terms of Service

1. Acceptance of Terms

By creating an account, placing an order, or using any services provided by Mediadrive Inc. ("Mediadrive," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service, our Privacy Policy, and our Acceptable Use Policy.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

2. Service Description

Mediadrive provides shared and semi-dedicated web hosting services on Canadian infrastructure. Current hosting plans, features, and pricing are available from our sales team at sales@mediadrive.ca.

All plans include free SSL certificates, DirectAdmin control panel access, email hosting, and human support. The specific features and resources included with your account are determined by the plan you select at the time of purchase.

3. Account Registration and Security

To use our services, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your contact information remains current

You must be at least 18 years old or the age of majority in your jurisdiction to create an account.

4. Payment Terms

• Currency: Prices are quoted in Canadian dollars (CAD) or US dollars (USD) depending on your account settings. Applicable taxes are charged based on your location.
• Billing cycle: Services are billed monthly in advance on the anniversary of your signup date.
• Payment methods: We accept Visa, Mastercard, and American Express credit cards.
• Failed payments: If a payment fails, we will attempt to process it again and notify you. Services may be suspended after 7 days of non-payment.
• Price changes: We reserve the right to modify pricing with 30 days' notice. Existing customers will be notified by email before any price changes take effect.

5. Cancellation and Refunds

• You may cancel your account at any time through your control panel or by contacting support.
• Cancellation takes effect at the end of your current billing period.
• No refunds are provided for partial months of service.
• Upon cancellation, you must download your data within 30 days. After this period, all data will be permanently deleted.
• Domain registration fees are non-refundable.

6. Service Level Agreement (99.9% Uptime)

Mediadrive guarantees 99.9% network uptime for all hosting services, measured on a monthly basis.

Uptime Calculation

Uptime percentage is calculated as: (Total minutes in month - Downtime minutes) / Total minutes in month × 100

Exclusions

The following are not counted as downtime:

• Scheduled maintenance (with at least 24 hours' notice)
• Downtime caused by customer actions or customer's website code
• DDoS attacks or other security incidents beyond our reasonable control
• Issues with third-party services (domain registrars, DNS providers, etc.)
• Force majeure events (natural disasters, power outages, etc.)
• Account suspension due to policy violations or non-payment

Service Credits

If we fail to meet the 99.9% uptime guarantee, you may request a service credit:

Credit requests must be submitted within 30 days of the incident. Credits are applied to future invoices and are not redeemable for cash.

7. Acceptable Use

Your use of our services is subject to our Acceptable Use Policy, which prohibits illegal content, spam, network abuse, and other activities that may harm our infrastructure or other customers. Violations may result in immediate suspension or termination of your account.

8. Content and Intellectual Property

• Your content: You retain all ownership rights to content you upload to our servers. By using our services, you grant us a limited license to host, store, and transmit your content as necessary to provide the services.
• Your responsibility: You are solely responsible for ensuring you have the right to use and publish all content on your account, including text, images, software, and other materials.
• Our property: Mediadrive retains all rights to our trademarks, service marks, website design, and proprietary software.

9. Copyright and Notice-and-Notice

Mediadrive complies with Canada's Copyright Act, including the notice-and-notice regime for handling copyright infringement claims.

Notice-and-Notice Process

When we receive a valid notice of claimed copyright infringement from a rights holder, we will:

• Forward the notice to the customer associated with the allegedly infringing content
• Retain records of the notice as required by law
• Inform the rights holder that the notice has been forwarded

Receipt of a notice does not constitute an admission of infringement. You are responsible for evaluating the claim and taking appropriate action, which may include removing the content or responding to the rights holder if you believe the claim is invalid.

Repeat Infringer Policy

We maintain a policy for terminating accounts of repeat infringers in appropriate circumstances. Customers who receive multiple valid copyright notices, or who are found to be hosting content that clearly infringes copyright, may have their accounts suspended or terminated.

10. Backups and Data Loss

While we perform regular backups for disaster recovery purposes, these backups are not guaranteed and may not be available for individual account restoration. We strongly recommend:

• Using the backup tools in your control panel to create regular backups
• Downloading and storing backups in a separate location
• Testing backup restoration periodically

Mediadrive is not liable for any data loss, whether caused by hardware failure, software issues, human error, or any other cause.

11. Bandwidth and Resource Fair Use

While we offer generous bandwidth and resource allocations, our hosting is subject to fair use principles. Accounts that consistently use excessive resources may be asked to upgrade to a higher plan or optimize their usage. Prohibited resource usage includes:

• Running cryptocurrency mining software
• Operating public file-sharing or torrent services
• Hosting streaming media servers for public consumption
• Running resource-intensive scripts that impact server performance

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Mediadrive's total liability to you for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to Mediadrive during the twelve (12) months preceding the claim.
• In no event shall Mediadrive be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• Our services are provided "as is" and "as available" without warranties of any kind, either express or implied.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mediadrive, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you host on our servers.

14. Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Suspected fraud or illegal activity
• At our discretion with 30 days' notice (with a pro-rated refund)

Upon termination, you must cease all use of our services and download your data within the timeframe specified.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.

16. General Provisions

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, network infrastructure failures, or strikes.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Mediadrive regarding the services and supersede all prior agreements, understandings, and communications, whether written or oral.

Notices

We may provide notices to you via email to the address associated with your account, through your control panel, or by posting on our website. You are responsible for keeping your contact information current. Notices to us should be sent to support@mediadrive.ca.

Survival

The following sections shall survive termination of these Terms: Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and any other provisions that by their nature should survive.

17. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

18. Contact Information

For questions about these Terms of Service, please contact us: