Terms of Service
MDS Web Studios Inc. agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).
Use of MDS Web Studios Inc. Services constitutes acceptance and agreement to both MDS Web Studios Inc.'s TOS (Terms of Service ) and MDS Web Studios Inc.'s AUP ( Acceptable Use Policy ). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by MDS Web Studios Inc. shall not be grounds for early contract termination or non-payment by the Subscriber.
1. Term
Ongoing until 7 days written notice is given by either of the parties.
2. Service Cancellation
1. Service may be cancelled at any time by contacting us at https://www.mdswebstudios.com/contact/
2. MDS Web Studios Inc. issues no refunds for cancellation of monthly or yearly subscriptions.
3. All annual plans can be cancelled at any time.
3. Fees
1. MDS Web Studios Inc. does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.
2. Monthly fees and charges for extra metered services are automatically billed to your account. Subscriber is responsible for monitoring transfer, bandwidth and space utilization, and other metered services.
3. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with MDS Web Studios Inc.. Credit card information can be updated by contacting us via EMAIL or TECH support.
4. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. If a charge attempt is denied, there may be a declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be suspended pending customer response. Customers may reactivate their accounts within 7 business days after suspension.
5. Customers paying by bank transfer or cheque must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by cheque. There is a $50.00 minimum transaction amount on all bank transfer transactions. Returned cheques will result in suspension of service and will incur a $50.00 returned cheque charge, in addition to any service reestablishment fees applicable in order to reconnect suspended service.
6. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. MDS Web Studios Inc. does not issue refunds or credits except as explicitly specified within this Terms of Service.
7. If the Subscriber has not fulfilled its dues to MDS Web Studios Inc., the Service will be terminated after 30 days of the initial suspension date.
4. Adherence to Acceptable Use Policy (AUP)
1. Subscriber agrees not to allow MDS Web Studios Inc. equipment and services to be used for activities specifically prohibited by the MDS Web Studios Inc. Acceptable Use Policy (AUP) posted at http://www.mdswebstudios.com/aup/. It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.
2. Subscribers must not allow MDS Web Studios Inc. resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
3. Subscriber agrees to compensate MDS Web Studios Inc. for any expenses MDS Web Studios Inc. may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $120 per hour during normal business hours. Emergency investigations are charged double-time at $240 / hour with a one hour minimum.
4. Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. MDS Web Studios Inc. will endeavor to assist Subscriber but MDS Web Studios Inc. is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's account.
5. MDS Web Studios Inc. does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
6. MDS Web Studios Inc. does not issue refunds for terminating service due to suspected AUP violations.
5. Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by MDS Web Studios Inc. are leased to the Subscriber and remain the property of MDS Web Studios Inc. and/or its suppliers. MDS Web Studios Inc. reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. MDS Web Studios Inc. will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
6. Service Levels
1. MDS Web Studios Inc. may interrupt service to perform maintenance. MDS Web Studios Inc. will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, MDS Web Studios Inc. will provide its best efforts to repair the system as quickly as possible.
2. In the event that MDS Web Studios Inc. suspects that server security has been breached, MDS Web Studios Inc. reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.
3. Subscriber agrees that MDS Web Studios Inc. shall not be responsible for any service interruptions.
7. Limitation of Liability, Indemnification
1. The parties acknowledge and agree that MDS Web Studios Inc. shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
2. MDS Web Studios Inc. is not responsible for data or content maintained and distributed by MDS Web Studios Inc. facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. MDS WEB STUDIOS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MDS WEB STUDIOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
8. Miscellaneous
1. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by MDS Web Studios Inc., and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
2. MDS Web Studios Inc. reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the MDS Web Studios Inc. Web site at http://www.mdswebstudios.com/termsofservice/. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.
Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and MDS Web Studios Inc. hereby agree by making use of the MDS Web Studios Inc. service.