Acceptable Use Policy
All services provided by Mediadrive may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Canadian Federal, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to idemnify and hold harmless Mediadrive and it's employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Mediadrive reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's 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 the company be liable for any special or consequential damages, loss or injury. Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio, and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refuned under any circumstances.
You agree to use all Mediadrive services and facilities at your own risk, Mediadrive specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Mediadrive 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 Mediadrive harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mediadrive, its agents, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by cutomer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mediadrive against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with Mediadrive's equipment. Mediadrive reserves the right to intervene with any of the sites hosted on its' servers in the interest of its' customers. Mediadrive shall be the sole judge of what violates this policy.
Limitation of Liability
Mediadrive shall not be responsible for any claimed damages, including incidental and conseqential damages, which may arise from Mediadrive hardware becoming offline, or being unable for any reason whatsoever. Futhermore, Mediadrive shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from Mediadrive servers. All damages shall be limited to the immediate termination of service.
Violations of these policies should be referred to our abuse team. All complaints will be investigated promptly.
Mediadrive has a policy to respect and protect the privacy of its clients' company, customers and their financial information that is stored. When using services from Mediadrive, you are submitting client data through our system. The data that is requested is for the sole purpose of order completion. Mediadrive will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the Mediadrive services, to operate or maintain its systems or to protect itself and its customers. You can trust Mediadrive to treat your data with the highest level of confidentiality and security. Should you have any questions regarding practices of Mediadrive, please our Customer Care Team.
Mediadrive provides hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services possible. All clients of Mediadrive are subject to the following terms of service:
At this time, we only bill in monthly installments. We accept Visa, MasterCard, and PayPal. There are no contract periods, but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed on the 1st of every month. Service will be interrupted on accounts that are still due on the 7th of the month. You will receive an email in regards to the non-payment. Services interrupted for non-payment are subject to a $20 reactivation charge. Accounts that are not collectable by Mediadrive may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 and no more than $150. Mediadrive may temporarily deny service or terminate this agreement upon the failure of the client to pay charges when due.
We do not offer refunds on our virtual private servers, setup fees, control panels and other licenses, bandwidth upgrades/overages and any other related addons.
Credit for Unused Service
We will credit pro-rata the remaining value of any service upon cancellation of said service. This credit may be used in future purchases of services but in no way can it be refunded.
All cancellations are to be requested through our billing system. You are free to cancel anytime and we will credit your account accordinly (see Credit for Unused Service).
Mediadrive is not responsible for backups of subscriber data unless otherwise states. Subscriber acknowledges that they will backup their own data.
Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to be any mass unsolicted message in the mediums of Newsgroups and Email. If you have found to have spammed, then we will immediately, and without warning, disable your service. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
IRC and Proxy Servers
We do allow IRC or IRC bots and proxies to be operated on our servers provided we are notified in advance. It is strictly prohibited to host any kind of IRC or proxy service without our knowledge.
Mediadrive cannot be held liable for server downtime, crashes, or data loss. We cannot be held laible for any predicted estimates of profits in which a client would have gained if their site/server was functioning. Moreover, Mediadrive holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason and without restition as we see fit. Futhermore, Mediadrive reserves the right to change any or all of the above policies, guidelines, and disclaimer without notification.