Reseller Terms and Conditions of Service (RTOS)

The purpose of these Terms and Conditions Of Service (RTOS) is to provide a legal framework under which MIDITECH (“MIDITECH”) and our reseller customers can conduct business. The RTOS also serves to ensure that reseller customers are using MIDITECH services in a way that does not infringe on the rights of other MIDITECH customers and Internet users-at-large, and that no reseller customer uses MIDITECH’s services in a way that is detrimental to other MIDITECH customers.

1.0 Definitions

The following terms are found in these Terms and Conditions Of Service and are used according to their definitions as presented below.

Account. A subscription to one Web hosting plan and/or any other MIDITECH service.

Account owner. The individual or legal entity who is the purchaser-of-record for the account(s) and associated services covered by these Terms and Conditions Of Service. The account owner is the party who is responsible for ensuring that all users of the account and associated services adhere to these Terms and Conditions Of Service. In this document, the account owner is variously referred to as “customer,” “you,” “your,” and “yours.”

Account holder. The account holder must be an individual and is the person listed as the official account contact in a Web hosting account’s control panel. In most cases, the account holder is the same as the account owner, however, there is no requirement that this be so.

Mass emailing is defined as the sending of any number of email messages to either a random number of email addresses, or operating any type of mailing list. This includes mail lists that you may have purchased as well as opt in mail lists where your customers have opted in to this list.

Reseller. Any customer that signs up for a MDR or HSRP reseller host plan from MIDITECH. In this document, the reseller is variously referred to as “customer,” “you,” “your,” and “yours.”

Spam. Unsolicited email or Usenet messages selling services or products of any nature. Also known as Unsolicited Commercial Email (UCE).

Spamming. The act of sending spam or promoting tools to facilitate the sending of spam. In this Agreement, spamming includes: sending spam messages from a MIDITECH account; sending spam messages from another ISP or hosting company’s account that links, directly or indirectly, back to a site hosted by MIDITECH ; and the act of promoting and/or selling software tools, mailing lists, or other products and services that facilitate the sending of spam.

Hosting Reseller Terms and Conditions Of Service (RTOS). The contractual agreement (this document) between MIDITECH and the reseller account holder/customer for the provision and use of Web hosting and associated services. In this document, Terms and Conditions Of Service is variously referred to as “RTOS” and “this Agreement.”

User(s). The account owner and any individuals authorized by the account owner who make use of MIDITECH’s services under a specific account.

MIDITECH MIDITECH is the company providing information, reseller Web hosting, content, design, and related services to customers. In this document, MIDITECH is variously referred to as “MIDITECH Web Hosting” (an operating division of MIDITECH), “MIDITECH ,” “we,” “us,” “our,” or “ours.”

2.0 MIDITECH’s Obligations

2.1 Terms and Conditions Of Service

1. We will publish these Reseller Terms and Conditions Of Service (RTOS) on our Website for all reseller customers and prospective customers to view. The published location of this TOS is:

http://www.miditech.com/policies.html

2. We reserve the right to change this RTOS at any time without prior notice to you.

1. We will provide you with Web hosting services on a shared-server network. This type of Web hosting is often called “shared Web hosting” because more than one customer may be hosted on a server and thus share server resources.
2. On average, MIDITECH sustains a 99.9 percent level of availability for all Web hosting and email services; we do not, however, guarantee this level of availability. The applicable Web hosting and email services are limited to:
   • HTTP/HTTPS – protocols used for viewing Web pages
   • FTP – protocols used for uploading pages to and downloading pages from your Website, primarily to conduct Website maintenance
   • POP3, IMAP, SMTP – protocols used for receiving email [POP3 and IMAP] and sending email [SMTP]
3. MIDITECH will, from time to time, schedule maintenance on its equipment and software. During these times, one or more of the above services may become unavailable. In general, we have very few maintenance outages and we work diligently when such an incident occurs, usually before customers know.
4. Planned maintenance outages are scheduled for times that will affect the fewest number of customers. We recognize, and you should recognize, that we cannot pick a time that will affect no customers.
5. Scheduled outages for maintenance are not included in MIDITECH’s availability statistics.
6. Occasionally, it may become necessary to perform emergency updates to our systems as might be the case to meet an emerging security threat. Such outages are not included in MIDITECH’s availability statistics.

1. We will strive to resolve all support requests made by you to us within 8 hours of the time you filed your support request. This assumes that you followed the accepted method(s) for requesting support. First, submit a trouble ticket by email. Second call if the matter is critical (that is if our systems seem to be down).
2. We provide support on a best-efforts basis. Although we will make every attempt to resolve your support requests in a timely, satisfactory manner, we make no guarantees that our support services will, in fact, resolve the support request to your satisfaction.
3. Our support desk operates Monday to Friday, between the hours of 10:00am and 10:00pm, Eastern Time. We reserve the right, however, to change these hours of operation without notice.

1. We may meet our obligations to you directly or through the use of subcontractors and/or agents. Our use of subcontractors and/or agents does not relieve us of our obligations under this agreement.
2. Subcontractors and agents are required to observe this RTOS as well as our Privacy Policy, which is documented at: http://www.miditech.com/policies.html

1. MIDITECH makes no claim or representation of ownership over your files and email as stored on our servers. You retain full ownership of your data.
2. MIDITECH makes no claim or representation of ownership over your domain name(s) as registered on our servers or those of our domain registry service. You retain legal title to your domain name(s).
3. MIDITECH will NOT hold control over your domain name(s) as a ransom for funds at anytime.

1. MIDITECH will use its best efforts to maintain and back up your Web hosting, database, and email files. However, we do not guarantee that a backup can be restored.
2. Restoring backups of customer files is an added-cost item billed on an hourly rate basis. MIDITECH cannot guarantee that any restoration of a backup will succeed; regardless of success, you will be billed for the time we expended.

1. MIDITECH offers domain name registry services as a reseller of such services. MIDITECH makes no representation or guarantee that any particular domain name will be available, regardless of whether a Whois search indicates the domain is available. MIDITECH also makes no representation or guarantee that our registrar will register a particular domain to the customer.
2. Domain registry services are governed by the terms and conditions of the registrar’s Domain Name Registrant Agreement, of the registration provider.

MIDITECH is tough on spammers. MIDITECH is strict in the policy regarding spamming for the betterment of the Internet Community and to protect our customers. A customer of a reseller, or the reseller themselves, who spams not only is doing a wrong thing, it can cause our mail servers to be blacklisted which can affect all customers mail services. We will not knowingly host the domains of, nor provide services to, those involved in “spamming” in any context. SPAM AND SPAMMING IS EXPRESSLY PROHIBITED BY THIS AGREEMENT. WE WILL SUSPEND OR DELETE ANY ACCOUNT THAT WE FIND TO BE INVOLVED IN SPAMMING ACTIVITIES WITHOUT WARNING AND WITH NO REFUND OF ANY FEES. Suspected violations of our no-spam/no spamming policy should be brought to our attention immediately by sending an email to http://Miditech.com/tt.

2.8.1 PENALTY. Further, depending on the severity of your SPAMMING, MIDITECH reserves the right to charge your customer between $1.00 - $160.00 PER SPAM sent through our network. Such charges woul dbe handled through the reseller. We will never contact your customer but we may suspend or cancel their account if it affects our operations negatively for the protection of all of our customer's services.

2.8.3 Using Third Party Mail Servers For Spamming: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through MIDITECH, then the provisions of the above Policy shall apply as if the spam were sent through our servers.

3.0 Customer Obligations

3.1 Terms and Conditions Of Service

1. You agree to abide by these Reseller Terms and Conditions Of Service (RT0S) for each account you have at MIDITECH .
2. You agree that MIDITECH has the right to change this RTOS without prior notice to you and that you will abide by the revised RTOS.
3. You agree that it is your responsibility to check this RTOS for revisions on a regular basis. We suggest this should be once per month. The most recent version of the RTOS can always be found at: http://www.Miditech.com/support/rrtos.html
4. Reseller agrees to bind Customers to its own terms and conditions so long as they include terms and conditions no less protective to MIDITECH as those set forth herein. You acknowledge the extent that MIDITECH provides any Customer Agreements they are provided for precedent purposes only; MIDITECH does not purport to provide the Account Holder with legal advice and the Account Holder agrees that it shall seek any independent legal advice it deems necessary in order that it may satisfy itself that it is providing and administering the Services in compliance with local laws and regulations.
5. Reseller agrees to NOT copy MIDITECH's terms and service agreement word for word.

You agree that you are 18 years of age or older. We cannot provide services to those under the age of 18 without the express written permission of that person’s parent or legal guardian. This permission must be sent to us by postal mail and must include proof that the person providing the permission is, indeed, the minor’s parent or legal guardian.

1. You agree to the terms and conditions of our Billing Agreement, which is documented at: http://www.miditech.com/policies.html

2. OVER LIMIT FEES AND CHARGES: You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, MIDITECH may, in its sole discretion, assess you with additional charges. If MIDITECH elects to take any corrective action, MIDITECH will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Pricing for overage costs for resources can be found at our website at http://Miditech.com/additionalitems.html.

3. ADVANCED BILLING: You agree that Web hosting services are billed in advance based on the terms of the Web hosting plan to which you subscribed.
   
   
4. REQUIRED CHANGE OF START DATE FOR MONTHLY BILLING TERMS: The Start Date of your account will be changed to reflect our renewal billing policy for MDR-1 and HSRP-1 plans as follows if your billing term is monthly:
   
   
   
   
   • MDR-1 or HSRP plan account holders with signup dates between the 1st and the 14th of the month, will have their renewal date changed to the 1st of the month. We will automatically renew your account within 1 week prior to the renewal date in an ongoing basis for those with automatic credit card renewal. (20th-31st of previous month)
     
     
   • MDR-1 or HSRP plan account holders with signup dates between the 15th and the 31th of the month, will have their renewal date changed to the 15th of the month. We will automatically renew your account within 1 week prior to the renewal date in an ongoing basis for those with automatic credit card renewal. (7th-15th of current month)
     
     This is to ensure that your account is paid before or on the renewal date and to allow for a 7 day period which is required from the time the account is paid to the time Miditech actually receives the funds, via PayPal. Using PayPal as our gateway provider allows us to keep our costs down and in doing so maintain our prices for resellers.
     
     
5. You agree that MIDITECH reserves the right to change the fee charged for any MIDITECH services under this agreement upon advance notice to you. The fee change will become effective at your next renewal.
6. If you paid by credit card, you agree that MIDITECH may renew your account automatically for a term identical to your most recent previous term. If, for example, you were on an annual term, the automatic renewal would be for one year. If you were on a monthly term, the automatic renewal would be for one month.
7. If you paid by credit card, you further agree that MIDITECH may continue to renew your account indefinitely until such time as you notify us in writing (by email, postal mail, or fax) that you wish to cancel your account. See Account Cancellation for details of the cancellation process.
8. You agree that if you subscribed to a MDR1 or HSRP Reseller Plan, you are not eligible for any refunds, even within the first 30 days of your account subscription.
9. You agree that in the event you exercised your right to cancel during the first 30 days, the following items are not refundable:
   • Setup fees
   • Domain registration and/or transfer fees
   • Microsoft SQL Database Server storage
   • Excess storage and data transfer fees
   • Software license fees (e.g., Miva Merchant)
10. You agree that we reserve the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this Agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party.
11. You agree that you may not cancel your existing account and re-subscribe to take advantage of a promotional offer.
12. You agree that Miditech will charge your account immediately for additional item purchases such as Miva Merchant Licenses, additional bandwidth or disk space, SSL secirity certificates, dedicated ips and other additional items.
13. You agree that MIDITECH may, at its option, suspend or delete your account for non-payment if your account is 10 days or longer past-due. Once an account is suspended a $19.95 reactivation fee will be added to the balance owing and the balance must be paid in full before we reactivate your account.
14. You agree that all past-due amounts are due and payable before you can cancel your account.
15. You agree that if we must use a collections agency to recover past-due amounts, you are liable for all fees, and collection costs.

1. Resellers may signup as a domain name reseller at http://domains.miditech.com . This service is provider via a third party company and is offered only as a convenience for resellers and their customers. Resellers can also choice any registrar for domain names that they wish as it is not our core business. If you signup as a Miditech domain reseller, you agree that you are responsible for the renewal and renewal fees of any domain(s) that you have registered at, or transferred to, the MIDITECH registrar. MIDITECH does not automatically renew, or bill for, domain registrations.

1. You agree that account cancellation must be done according to the procedure outlined in our Cancellation Policy, which is documented in our Billing Agreement, which is found at:

http://www.miditech.com/policies.html

2. You further agree that the above-referenced cancellation procedure is the only manner in which you may cancel your account with us.
3. If you paid by credit card, you agree that MIDITECH may renew your Web hosting subscription automatically until such time as you notify us in writing (by email, postal mail, or fax) that you wish to cancel your account.
4. You agree that all past-due amounts are due and payable before you can cancel your account.

MIDITECH operates a shared hosting environment, which means that there are multiple customers hosted on any given server. In light of this:

• Maximum Daily SMTP Emails: We do not allow resellers or reseller's clients to send more than 2000 e-mails per day from a shared hosting account. If you need to send more than 2000 e-mails per day, contact support at http://Miditech.com/tt. We reserve the right to uphold this limit even if you request that it be increased.
  
• Maximum Recipients Per Email Sent Through Our SMTP Servers: We limit the number of recipients in a single email message being sent through our SMTP servers to 32 recipients.
  
• Website Development: You agree to design your websites in such a manner as to avoid overloading our servers by consuming inordinately large amounts of resources such as processor time, system memory, and network bandwidth.
  
• Excessive CPU Useage:  You acknowledge and agree that you are paying for a host plan on a shared hosting environment. You agree that you are not paying for a dedicated managed server and that you will not try to use your shared host plan as a dedicated server. Our host plans offer a generous amount of bandwidth and resources and 95% of our customers will never reach their host plan resource limits unless they are offering shareware, video, large sound files, image and multimedia archives, or are mirror sites or any site whose primary purpose is file distribution. We strongy discouraged you from storing any files that cause excessive traffic on the servers and we strongly discourage customers from treating our network as if the server is their own dedicated server.
  
  Shared server hosting accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth.
  
  You agree to not use excessive amounts of CPU, or memory on the server that your host plan resides. You also agree not to use our servers or network as a production server as if it were a dedicated server for just your account. Should your use of your web host account result in an overly high load on any of the network's equipment, in MIDITECH's sole discretion, MIDITECH may suspend your account until the cause of any such overload is determined and resolved. You agree that MIDITECH will have no liability to you or any of your end users due to any corrective action that MIDITECH may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. MIDITECH shall be the sole arbiter of what is considered to be a high server usage level. Note that MIDITECH is not responsible for validating or testing your code nor do we provide HTML or software coding assistance.
  
  NOTE: Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken after consultation with the client in question.
  
  

The following activities are considered as email abuse and are prohibited:

1. Unsolicited bulk emailing and mass emailing. ALL accounts, customer website pages and customer database applications/scripts CANNOT be used for mass emailing of any type using MIDITECH mail servers. This includes, but not limited to commercial advertising, mass mailing more than 100 SMTP emails per day per email account, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
   
   Such activities carried out from servers/systems not managed by MIDITECH are ALSO prohibited if they link to websites, content or material hosted on MIDITECH's servers/systems.
   
   Emailing abuse carries a fine of up to $160 CAD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action. MIDITECH reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
   

1. You agree that maintaining the security and integrity of its network is a prime responsibility of MIDITECH and that in light of this, MIDITECH may suspend your account without notice if it perceives your account to be a risk to the security of our network and/or other customers.
2. You agree that in the event of a security breach involving your account, you are liable for any unauthorized use of your account, your Website, and your email. You are also liable for any damages the security breach may cause to MIDITECH’s servers, network, and other customers and for the costs MIDITECH may incur in returning our service to its normal state.
3. You agree that if there are two or more security breaches of your account(s) and/or email, that MIDITECH has the right to suspend or cancel your account on five (5) days notice.
4. You agree that it is your responsibility to maintain the confidentiality of passwords for your control panel and email accounts. We strongly recommend that you create and use “strong” passwords. Strong passwords are at least seven (7) characters in length, consist of a mix of upper- and lower-case alphabetic characters, numeric characters, and ideally, one or more special characters (e.g., #, $, %, *, and so on). Under no circumstances should you use passwords such as your name, the names of your children or pets, your birth date, and so on. These are prime candidates for abuse by hackers.
5. You agree that no security system is 100 percent failsafe and that your public files, email, and personal information could potentially be compromised by online attacks against our network and server security mechanisms or physical attacks against our facilities. MIDITECH goes to significant lengths to ensure that its systems and facilities are secure, however, we cannot absolutely guarantee that no security breaches will occur.

You agree that MIDITECH may block incoming email from any open mail relay, Internet Protocol (IP) address, or other source if we believe that source is being used to send spam to MIDITECH customers. Spam can so overburden our mail servers that all customers can experience slowdowns in receiving mail and even, potentially, lost mail.

You agree not violate, nor will you try to violate, the security of our network and servers. Doing so will result in the immediate termination of your account without notice or refund. You will also be prosecuted to the fullest extent of the law and you will be liable for all damages that occur as a result of your intrusion or intrusion attempt as well as costs to return MIDITECH’s systems and network to its normal state. Examples of such violations include, but are not limited to:

• Attempting to gain unauthorized access to our servers, network systems, or the data stored on these devices
• Conducting scans or other probes of our network to test for vulnerabilities
• Breaching authentication measures to gain unauthorized access to any account or service
• Interfering with any service to any customer of MIDITECH or any host or network, either MIDITECH’s or otherwise
• Mail bombing
• Forging any TCP/IP header or any email or Usenet message header
• Conducting any type of Denial of Service (DoS) or Distributed Denial of Service (DDoS) attack
• In regards to Proxies: Anonymous proxies, cookie hiding proxies, email proxies, and any other form of proxy is not allowed on any server. Any proxy found running on any account will be immediately disabled, and the user notified. If attempts to continue running proxies are made, the account may be suspended without further notice given. Proxies are deemed to be server abuse. They consume many cpu cycles, bandwidth, and use high amounts of memory. This includes all forms of proxies that may be run, from cgi, perl, php, python, asp, and asp.net, or any other scripting language, along with any form of XML based proxies.
  

You agree not to deliberately distribute viruses, worms, Trojans, other “malware,” or tools to create same from your Website or through your email accounts. Doing so will result in the immediate termination of your account without notice or refund.

You agree that if you’re running a CGI script that poses a security risk to MIDITECH’s network and/or other customers, that facilitates spamming, or that adversely affects system performance, the script will be terminated and then removed without prior notice.

MIDITECH does not permit you to run IRC and IRC bots from your account. Doing so may result in suspension or termination of your account without notice.

1. You agree that it is your responsibility to maintain a backup of all your web hosting files, scripts, email, and databases and that we offer no guarantee that we can restore such data from our own backups. We strongly recommend that you back up your data at regular intervals to avoid any problems.
2. You agree that, at your request, MIDITECH may attempt to restore any data that you might have lost due to your own errors and omissions. This service is not guaranteed to succeed—it is performed on a best-efforts basis. Regardless of success, you may be invoiced for the time we expended in providing the restore service. Our Billing Agreement details the cost of this service and can be found at:

http://www.miditech.com/policies.html

1. MIDITECH reserves the right to refuse service to anyone.
2. You agree to use the MIDITECH resources to which you subscribe only for legal purposes under all applicable international, federal, provincial, or municipal laws.
3. You agree not to store, link to, transmit, advertise, or make available any materials or images that are obscene, threatening, abusive, harassing, defamatory, hateful, discriminatory, or racially or ethnically objectionable.
4. You agree to not promote Intoxicants by displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary to any laws.
5. You agree not store, link to, transmit, advertise, or make available intellectual property, trade secrets, copyrighted materials, or trademarked materials for which you have no license to do so. You furthermore agree that MIDITECH may either terminate your account without notice or issue a cease and desist warning to remove such materials in which case you will have 48 hours to comply. If you do not comply within 48 hours, we will have no choice but to terminate your account without refund.

1. MIDITECH may assign you a fixed Internet Protocol (IP) address in order to take advantage of certain features of our Web hosting service. You agree that this IP address will remain under the control and ownership of MIDITECH or its subcontractors. You further agree that you will have no right to use this IP address except as allowed by MIDITECH and MIDITECH reserves the right to change or remove any and all IP numbers and addresses.
2. Static / Dynamic Content Caching: You expressly (i) grant to MIDITECH a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by MIDITECH under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

3.17 Adult Content

Because we cannot monitor websites to ensure children do not view such content, you agree that you will not distribute, promote, or sell adult content to include photographs, explicit sex illustrations, explicit sex anime, or live web videos containing explicit sexual acts, through your Website or by email. You further agree not to include links to websites offering such material from your Website. Linking to pornographic websites is prohibited. This includes sites that may infer explicit sexual content, contain nudity or links to adult pornography content elsewhere. MIDITECH will be the sole arbiter in determining violations of this provision. If you are found to be violating this clause, MIDITECH reserves the right to terminate your account without notice or refund.

You agree not to distribute or aid in the distribution of child pornography as defined by the laws of Canada. If we discover that you are doing so, we will:

• Immediately report you to the authorities and provide them with what information we have about you.
• Cooperate to the fullest extent with investigating law enforcement officials.
• Immediately terminate your account without warning and without refunds and keep the data for law enforcement officials as an aid in prosecuting you.

You agree that you may not transfer your Reseller Web hosting account to another individual or other legal entity without first gaining our express written approval to do so. It is MIDITECH's right to deny service to a new customer if they do not agree to our terms and conditions of service. Any account trasnfer without notice may result in account suspension. You may of course sell your reseller hosting business but we must re-signup the new owners as if they are signing up for a new reseller host plan.

1. You agree not to impersonate any person or entity.
2. You agree not to use MIDITECH’s services to stalk or harass any person or entity.
3. You agree not to provide instruction on committing illegal activities and acts, as defined by international, Canadian federal, provincial, or municipal law.
4. You agree not to provide instruction on creating bombs or other dangerous material.

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Miditech system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING MIDITECH THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

Miditech.com
cc:Copyright
Mississauga ON
Canada

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

3.22 Resellers Server Resource Useage

A reseller account is for reselling SHARED hosting accounts only. It is not a means to gain extra resource at a lower cost for a single account. As such, resellers are not permitted to abuse a reseller account by using 100% of your total resource on one account. Do not misunderstand this policy; you are permitted to use up to 100% of your account's total resource limits. It is just that you must have multiple resold accounts in a way that the accounts get distributed across our clustered server environment appropriately.

Resellers of MIDITECH hosting are required to spread their accounts across multiple servers. This is to help balance the load across our Hpshere cluster of servers. This is in fact, the reason for having a clustered server environment. It is also what our pricing model is based upon. Selecting many multiple unix or windows plans is fine as our Hsphere cluster will determine what server to place the account on. The problem is when a reseller places too many domains on one server by creating a multiple domain plan with too high a number of domains allowed. When this occurs ALL those domains will reside on the same server and not be spread around our clustered servers. For this reason a reseller is not permitted to use more then 60% of their total resource level for one customer account. If you have a customer that requires to have an account with more then 60% of their total resource level it is recommended that you contact MIDITECH for options we may have to attend to your customers requirements in a way that will not affect our shared hosting environment in a negative way.

4.0 Conditions and Disclaimers

4.1 Indemnification

1. You will indemnify and hold harmless MIDITECH , its subcontractors, and its agents against any and all actions, claims, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by MIDITECH or its subcontractors, relating to:
   • Your breach of any term or condition in this agreement, or your breach of any applicable MIDITECH policy or guideline;
   • Your use or inability to use MIDITECH’s services;
   • Your violation, alleged violation, or misappropriation of any intellectual property right or non-proprietary right of a third party.
2. You agree to fully defend and indemnify and hold harmless MIDITECH of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of MIDITECH services or any portion thereof. Choice of counsel remains exclusively that of MIDITECH .
3. You agree to fully defend and indemnify and hold harmless MIDITECH of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any privacy legislation which is in any way related to your use of the MIDITECH services or any portion thereof. You acknowledge that you are solely responsible for the data stored using the MIDITECH services and solely responsible for ensuring that the MIDITECH services are appropriate for the nature of the data being stored. Choice of counsel remains exclusively that of MIDITECH .
4. You specifically waive any claim for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, or loss of business as the result of MIDITECH suspending or terminating your account in response to any claim of copyright infringement even if the material alleged to be infringing is subsequently found not to be infringing.
5. Notwithstanding anything in this Agreement, the content of the customer’s Website is the sole responsibility of the customer. The customer agrees to indemnify, defend, and hold harmless MIDITECH and its subcontractors and agents from any and all claims including, but not limited to: misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute losses, damages, liabilities, judgments, or settlements, including reasonable legal fees, costs, and other expenses incurred by MIDITECH and any third party entities related to MIDITECH, related to or in connection with the content of the customer's website.
6. The terms of this section (“Indemnification”) will survive any termination of this agreement.

1. YOUR USE OF THE MIDITECH WEB HOSTING SERVICE IS AT YOUR SOLE RISK. MIDITECH services are provided on an as-is, as-available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. MIDITECH DOES NOT GUARANTEE, NOR IS IT RESPONSIBLE FOR, ANY DELAY OR LOSS OF DATA, LACK OF CONNECTION, SLOW CONNECTIONS, OR ANY OTHER ISSUE, EVEN IF IT IS DUE TO THE NEGLIGENCE OF MIDITECH.
2. MIDITECH claims no control whatsoever over the content of the information passing through the MIDITECH Web hosting system or that of MIDITECH’s subcontractors. MIDITECH does not actively or passively monitor the content of any customer’s Website unless we are investigating abuses to this Agreement. MIDITECH’s monitoring is based strictly on traffic patterns and traffic loads to ensure the security and performance of our networks and servers.
3. Any information obtained by you from the Internet may be offensive, incorrect, and possibly illegal. Excepting the information on its own Website, MIDITECH has no control over the contents of any other Website on the Internet. MIDITECH makes no warrantee as to the accuracy, suitability, or legality of any information that you acquire from the Internet nor does MIDITECH provides any warrantee for any goods or services that you might acquire over the Internet.
4. MIDITECH expressly disclaims any representation or warranty that MIDITECH’s services will be error-free, secure, or uninterrupted. No oral advice or written information given by MIDITECH , its employees, licensors of the like, or subcontractors will create a warranty; nor may you rely on any such information or advice.
5. Although MIDITECH , its subcontractors, and its agents will use all reasonable measures to maintain the security of our services, MIDITECH assumes no responsibility for the effectiveness of the security measures provided by MIDITECH or its subcontractors or agents.
6. The terms of this Section (“Disclaimer of Warranties”) will survive any termination of this Agreement.

1. Customer agrees that MIDITECH 's liability and the customer's and end users' exclusive remedy related to the non-performance of the service shall be: (i) repair or adjustment of the service, or (ii) where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to the customer for the portion of the service which were non-performing. For any other claim, MIDITECH 's liability, if any, to the customer and end users for damages related to use of the service for any cause whatsoever and regardless of the form of action, shall be limited to those actually proven as directly attributable to MIDITECH , and shall in no event exceed the total in aggregate monthly charges paid by the customer during the period the said damages were incurred, not to exceed two (2) months. Under no circumstances will MIDITECH , its agents, suppliers or subcontractors be liable to customer or third party for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory. Customer agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the commercial circumstances of this agreement and that MIDITECH would not have entered into this agreement but for customer's agreement to limit MIDITECH 's, its agents', suppliers' and subcontractors' liability in the manner, and to the extent, provided for herein.
2. For greater certainty, customer agrees that MIDITECH shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this agreement or the provision of the service, even if MIDITECH has been advised of the possibility of such loss.
3. MIDITECH assumes no liability arising from (i) the use of the service furnished by MIDITECH in combination with service, products or equipment provided by customer or any third parties and (ii) the failure by the customer to perform its obligations.
4. MIDITECH’s host network or that of its subcontractors may experience periods of unavailability from time to time due to (but not restricted to) normal routine maintenance, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall MIDITECH be liable to the customer for any indirect, special or consequential damages, lost profits, or anticipated loss of profits, arising from, or related to, our hosting services, or the hosting services of our subcontractors.
5. The terms of this Section (“Limitation of Liability”) will survive any termination of this Agreement.

4.4 General Provisions

4.4.1 Force Majeure

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

4.4.2 Assignment

This Agreement and the rights hereunder is not assignable or transferable except that MIDITECH may freely assign all of its rights hereunder to any person or entity who shall become a principal owner, or shareholder of MIDITECH , or to any affiliated company or successor in interest of MIDITECH. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. Upon any such assignment by MIDITECH to any other party, including to any affiliated company or successor in interest of MIDITECH , you have the right to terminate this Agreement by giving notice thereof in writing to MIDITECH and any such termination shall become effective thirty (30) days after the receipt of such notice by MIDITECH .

4.4.3 Severability

The invalidity, illegality or unenforceability of any one or more provisions of this Agreement shall not affect or impair any other provisions of this Agreement.

4.4.4 Choice of Law

The customer agrees to attempt to resolve any disputes with MIDITECH prior to resorting to litigation. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any action relating to this Agreement must be brought in the provincial courts located in Mississauga, Ontario, Canada.

4.4.5 No Agency

Nothing contained herein shall be interpreted as creating an agency, partnership or joint venture between MIDITECH and you.

4.4.6 Modification Of These Terms and Conditions Of Service

MIDITECH reserves the right modify any provision of its Terms and Conditions Of Service at any time without prior notice to customers.

4.4.7 Suspension and Termination

1. Failure to observe the terms and conditions set forth in this agreement can result in anything from a warning to a suspension of privileges or immediate termination of your shared hosting account. MIDITECH may refer potential violations of laws to the proper authorities, and may also cooperate in the investigation of any suspected criminal or civil wrong.
2. Without prior notification, MIDITECH reserves the right to suspend or terminate any shared hosting account, as well as remove or modify any files which are deemed to be illegal or a threat to MIDITECH’s Web hosting system or that of its subcontractors.
3. MIDITECH will be the sole arbiter as to what constitutes a violation of our Terms and Conditions Of Service. MIDITECH reserves the right to remove any account without prior notice for breach of any terms of this agreement.
4. If MIDITECH terminates the services being provided to you due to a breach of any terms of this agreement, then such termination shall be without refund.

Use of MIDITECH’s Web hosting system constitutes acceptance of the above Hosting Reseller Terms and Conditions Of Service.

By using the services of Miditech hosting you agree to the billing policy below as part of our Terms and Conditions Of Service. This billing policy may be changed at anytime without notice and it is the responsibility of the customer to view this policy periodically.

Billing Policy Applies To All Miditech Customers

Miditech uses an online automated billing system and we cannot alter any billing policy for customers on an individual basis. This billing policy applies to all customers regardless of billing term, method of payment or for any other reason. We suggest setting up your account for automatic renewals via Visa or Mastercard to avoid any disruptions in service caused by errors, loss of billing emails we send to you due to spam filters etc.

Payments

Miditech charges in Canadian Currency for all services.

Miditech accepts the following Payment Methods:

• Visa
• Master Card
• Cheque or Money Order (minimum 3 month billing term)

All payments are due on the Account Statement Date as shown within your host control panel under the "BILLING MENU". The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Miditech with your credit card information, you authorize Miditech to automatically charge your credit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Miditech's Billing Policy in the Terms and Conditions Of Service Agreement. Charges subsequent to your initial order will accumulate in your account until such charges exceed $10.00 CAD. Miditech will then automatically charge your credit card.. You are responsible for directly updating, or notifying Miditech, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Failure to do may result in suspension of hosting services for accounts that remain unpaid.

Customers agree, regardless of payment method used, to make payment of their balance due within ten (10) days of the Account Statement Date as shown within their host control panel under the BILLING MENU, menu option "Billing Statement".

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are 10 days past due can be suspended at anytime. Accounts that are thirty (30) days past due, for any reason, risk account deletion. Once an account is deleted, all emails, files and databases will become unretrievable.

All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

HOW TO PAY US

Call our billing department, Monday to Friday 9am-5pm EST at toll free: 1.866.528.7800.

Miditech Billing Statements

Miditech invoices are called "Billing Statements" by our online automated billing system. Miditech does not mail paper invoices or statements. All invoice and billing statements can be found in your host control panel under the BILLING MENU option. You can also print these by using the printer icon on the billing statement screen.

As of November 3/2008 Miditech's ONLINE ACCOUNTING in your control panel under "Billing" menu is the official accounting of Miditech and is always the correct Invoicing. This is also the invoicing you would use for tax purposes. Do NOT use the online billing system statements previous to November 3/2008 for tax purposes as it does not always match up with the official accounting records of our company (although the balances do). Contact us for official invoices prior to November 3, 2008.

Miditech's ONLINE BILLING system is integrated within the Hsphere control panel. It tracks any services the customer added to their accounts since signup, any overages or over the limit fees charged, plan switch transactions and other related products and services. The online billing tracks resources used, additional fees due etc. When a bill is created by the customer by using the control panel (for example, adding a MS SQL Database, or adding a paid service), the costs associated will be show and the customer can then decide whether to commit the order or decline the order. Any decisions to commit the order will result in a charge to your credit card listed in the Billing Profile of your control panel account once the account reaches the $10.00 payment threshold.

Customer Credit Card Statements

Miditech.com is a trade name of Supra Canada Ltd. Customer payments processed via credit cards will result in the customer credit card statement showing as "Supra Canada", our parent company. Please do not submit a charge back on Supra Canada. See below for charge back information.

Pre Paid Accounting

For all host plans, Miditech uses the automated online billing system found within your web host control panel under the “Billing” menu. Due to the nature of hosting services, this billing system is based on a “pre-paid” account basis.

• A Positive Balance means you have a credit on your account that you can use towards future purchases/fees.
• A Negative Balance means that you owe this amount of money.

Accounts are due on a prepaid basis, either before the renewal date or on the renewal date. Customers can add funds to their accounts:

• Prior to adding services to your account which have an associated cost.
• Prior to your host plan renewal date.
• At anytime.

Payments made to your hosting account prior to a charge will appear as a credit ,POSITIVE AMOUNT, until a service has been charged to your account when it is due.

• Payments can be made by calling Toll Free: 1.866.528.7800 (Mon-FRi 9am-5pm EST)

$10.00 Payment Threshold

All charges will be debited against the Customer's balance maintained by Miditech.com. If the Customer's account debt exceeds $10.00 CAD, he or she is required to clear his or her balance within 10 days by the chosen Payment Mode. If the customer's chosen payment method is automatic Visa/Mastercard renewals, Miditech will attempt to charge the credit card number provided by customer (upon or after registration) automatically. For all other purchases (i.e. purchases made by Cheque), customer must manually pay following payment procedures defined by Miditech.

Failure of customer to pay manually or for Miditech to charge customer's credit card (due to any reason, in particular in case of an invalid credit card number, expiry date or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well.

If the Customer doesn't pay their balance within 5 days after Service Account suspension, Miditech reserves the right to terminate the Customer's Service Account without further notice. Once terminated all web files and email will be deleted from our servers and will become irretrievable.

Once an account is suspended there is a reactivation fee of $19.95. Once an account is suspended please pay the account as soon as possible, or contact Miditech to make payment arrangements. Once an account is deleted, all web files, database data and email data will become lost and unrecoverable.

Price Changes

Miditech's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Billing Cycles (Terms)

Miditech offers Five Billing Terms for hosting:

1. Monthly
2. Quarterly ( every 3 months)
3. Semi-annually (every 6 months)
4. Annually ( every 12 months)
5. 24 Months

Some host plans do not offer a monthly billing term or a 24 month term. Longer billing terms MAY have discounted rates as shown on our host charts at http://miditech.com/webhosting.html. Some plans require an annual billing term.

The Billing Cycle begins on the Plan Activation Date, that is the date you fill out the order form.

You can change your billing term at anytime from within your host control panel. If you do change your billing term in your control panel, a NEW billing term will begin and the original dates will no longer be in effect. The online billing system will tell you the charges that apply for switching, should there be any, before you commit the change. If there is a refund resulting from switching a plan, this will remain as a credit on your account until paid services are charged and deducted from the credit remaining on your account. There are no refunds past the first 30 days of hosting service. For hosting reseller plans there are no refunds and the 30 day guarantee does not apply. All refunds, will remain on your account as a credit only.

Importance Of Updating Billing Profile Information

It is the customer’s responsibility to:

• Keep the “Billing Profile” and “Contact Info” within your host control panel up to date. Our online billing system will email the email address found within the Billing Profile that you have within your control panel. Please note that BILLING PROFILE is NOT the same as your contact information. You must update both areas within your control panel. If your email address has changed, please be sure to update this within your host control panel to avoid website downtime should you not receive your billing statements via email. We also suggest adding "miditech.com" to your spam filter white list. (For Video Tutorial click here)
• Add funds to your account(s) prior to, or on the renewal date.
• Keep your control panel login user name and password secure. Miditech is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

MDR & HSRP Reseller Plan Renewal Dates

Customers with MDR and or HSRP reseller plans have a 10 day grace period to pay for any account balance that reaches the $10.00 payment threshold. For customers with a MDR or HSRP Reseller plans the following describes when renewals are charged. This only applies to account holders of MDR and HSRP plans.

Miditech strongly recommends that resellers setup for automatic credit card renewals (contact sales if should require assistance). We understand that resellers operate a busy schedule and this helps resellers avoid automatic account suspension for not paying within 10 days of the renewal date. When a reseller account is suspended, all your customer's accounts are suspended along with their emails and this can cause havoc between the reseller and their customers. It is not mandatory but we do recommend setting up with Miditech for automated renewals by credit card. The choice is at the reseller's discretion.

Reseller account balances are due either prior to or on the date the account reaches the $10.00 payment threshold.

Automated Billing Email Notifications

There are several AUTOMATED Billing email notification message types we send to customers:

ORDER CONFIRMATIONS: This is a bill charged to your account. It can be a renewal, additional services added, an overage charge, etc. If your account had a positive account balance (that is a prepaid amount/credit), online billing will first deduct the amount charged from your existing credit. An order confirmation can have a positive balance (credit on your account), a zero balance (an amount paid), or a negative balance (an amount owing)

ACCOUNT BALANCE OWING NOTICES: This is a warning message that your account has a balance owing. If you receive an email such as this, please pay your account promptly to avoid any disruption in service, account suspension/reactivation fees, or even account deletion.

ACCOUNT SUSPENSION WARNINGS: This is usually the last message we send out prior to your account being suspended.

ACCOUNT SUSPENSION NOTICE: A customer will receive this email notice once their account has been suspended. Please note that there is a $19.95 reactivation fee to unsuspend an account and that this fee plus the balance owing is due in full before we will reactivate a suspended account.

WARNING (Approaching resource limit): We have our system set to automatically email customers should any of their set resource limits are approaching 80% of the limit.

* For database disk space limit warnings or email disk space limit warnings, the customer can increase the mail box limits within their control panel as long as it remains within their summary disk usage for the account. Such notices are just to inform you that you need to adjust a setting in your control panel.

* For summary disk usage or bandwidth/transfer limit warnings you should react quickly to avoid additional fees. This is especially important regarding bandwidth or disk space overages, as they can be costly. Contact Billing for help in reducing your costs BEFORE your exceed your plan limit resources to save money.

Exceeding Resource Limits

If Customer exceeds the feature, storage or resources limits defined by his or her chosen Host Plan, he or she will be charged for the extra usage according to the Overage rates outlined ion your host control panel in the BILLING MENU option ONLINE PRICES. All overage rates are pro-rated.

Some additional resources have two prices:

1. PRE BUY PRICE: Pre buying a resource BEFORE you exceed your plan limit.
2. OVERAGE or OVER LIMIT PRICE: This is the price of the amount of resource that exceeds your plan's included resource limits and has a higher cost that a pre-bought resource. In fact, this is sometimes double the cost.

Because it costs more for OVERAGES of resources, such as bandwidth and disk space, our system will email you WARNINGS as you approach your resource limit. This allows you a chance to pre buy resources and save money.

Refunds / 30 Day Money Back Guarantee

Each of Miditech 's web hosting plans carries a *30-day money back guarantee. If you are not completely satisfied with our hosting services within the first 30 days of service, you will be given a full refund of the monthly service fee's paid excluding any setup fees, domain registration or transfer fees, charges for excess bandwidth or other charges related to setup or utilization of the service. There are no refunds on MS SQL monthly fees, Miva Merchant software licenses paid and Miva Merchant monthly lease fees, and setup fees.

*This guarantee does not apply to renewals. Please be aware that there are no pro-rated refunds past the initial 30 days of service on any Miditech service, even if a customer prepays for any billing term beyond 30 days. There are no refunds of any kind, nor for any billing term, for Hsphere Reseller plans.

Moving To Another Host / Domain Name Audits

Miditech does not track domain name server information. If you switch to another host provider, change nameservers and you DO NOT contact us to let us know you have moved, we will continue hosting any website files you left and we will continue to renew your host account with us until YOU INFORM us that you have left our services. Any renewals we have processed, regardless of the term, are NOT refundable. From our viewpoint, you still used the host account, regardless if your domain name points elsewhere.

Therefore, it is in your best interest to inform us once you switch to another host provider. We will not know otherwise. Miditech will not hinder your decision to leave if you inform us prior to any renewal date or prior to having an account balance above the payment threshold date. Please let us know with at least 2 days prior notice to your account statement date.

If your account has a negative balance and is suspended we will not unsuspend the account until the balance owing is paid.

Credit Card Disputes / Charge backs

Miditech.com is a trade name of Supra Canada Ltd. Customer payments processed via credit cards will result in the customer credit card statement showing as "Supra Canada", our parent company. Please do not submit a charge back on Supra Canada.

Miditech has a zero tolerance policy for charge backs. If you feel MIDITECH has over charged you please contact our billing desk immediately and we will investigate the issue. If we are at fault, we will remedy the problem and make things right for you. Please give us a chance to remedy a billing issue you may be having before issuing a charge back with your credit card company.

A $25.00 charge back fee will be assessed for each credit card charge back received by Miditech. Any customer who disputes a credit card payment is subject to immediate account suspension. Account termination is also at Miditech's discretion. In the case of an account termination, all website files, emails etc. will be immediately deleted from our server network WITHOUT notice.

As per our Terms and Conditions of Service, Miditech reserves the right to change the fee charged for any Miditech service at anytime. Customers can view the current prices in their control panel under the BILLING menu option "ONLINE PRICE" . The fee change will become effective at your next renewal.

Additional Fees

• Returned NSF Cheque Payments Miditech charges a $35.00 fee for returned (NSF) cheques. Customers that issue a NSF cheque will be required to submit future payments by credit card or with a certified cheque. Accounts with a NSF charge will be automatically suspended and a reactivation fee shall also apply (see below).
• Credit Card Charge backs A $25.00 charge back fee will be assessed for each credit card charge back received by Miditech.
• Account Reactivation. Once an account is suspended for any reason, a reactivation fee os $19.95 will be charged to the customer account.
• Any additional Items to the customer's selected host plan will result in extra fees being applied to the customer's account. You can see the additional items here.

Account Cancellations

Cancellation requests must be received by Miditech a minimum of fifteen (15) days prior to the renewal date for Quick Site, Starter, Power, Mega, MDH and UDH plan account holders or thirty (30) days prior to the renewal date for MDR or HSRP plan account holders. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Once renewed there are NO REFUNDS.

Cancellations are effective on the day we are informed to cancel an account by the customer and Miditech is unable to cancel your account on a future date. When an account is canceled all emails, website files on the server and all other Miditech host settings will be deleted and NO BACKUPS MADE for later retrieval. Miditech will confirm the cancellation request once it is processed.

Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. If the payments due on services are not paid within 10 days of canceling a service, MIDITECH has the right to send such to collections. Miditech reserves the right to cancel any account, at any time, without notice, for any reason considered appropriate by Miditech as per our Terms and Conditions of Service agreement which you agreed to upon account signup..

» Cancellation Procedure:

Host plans will automatically renew until a plan is canceled. The following terms apply to canceling a host account with Miditech.com:

Customer MUST use our cancellation process below or the cancellation will NOT be performed. Informing us by phone that you will be canceling is NOT a formal cancellation and your account will be renewed until such time as you follow the cancellation procedure below.

We must receive the cancellation request, using the below cancellation procedure, with the following notice provided. Cancellations submitted later than this time may result in automatic renewal of your hosting plan for the term you signed up for. (This is for the protection of account holders accounts):

• For QuickSite, QuickSitePlus, Starter, Power, Mega, MDH and UDH host plans we require cancellation notice 15 days prior to the account renewal date.
• For MDR or HSRP Reseller Plans we require cancellation notice 30 days prior to the account renewal date.

As per our Terms and Conditions of Service agreement, which you agreed to on account signup, prior to and within the month of the renewal date, once the renewal date is reached, or a few days after the renewal date, the host account will be renewed automatically using the credit card you provided to us. Once renewed there are no refunds, regardless of the billing term paid for.

There are no pro-rated refunds after the first 30 days of service.

Once Miditech confirms with the account holder, the notice of cancellation of your account, all files and emails associated with the host account will be IMMEDIATELY deleted. For this reason, backup all data BEFORE contacting us with a cancellation notice.

If your account is overdue and you wish to cancel hosting, you must first pay the overdue fee or Miditech will continue to charge your account and attempt to charge your credit card until such time as the account has been paid, at which time we will delete your hosting account from our network.

Miditech does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, your ISP, non-usage, or any other issues not directly related to our services.

Miditech does not track domain nameserver information. If you switch to another host provider, change nameservers and you DO NOT contact us to let us know you have moved, we will continue hosting any website files you left and we will continue to renew your host account with us until YOU INFORM us that you have left our services. Any renewals we have processed, regardless of the term, are NOT refundable. From our viewpoint, you still used the host account, regardless if your domain nameservers points elsewhere. Therefore it is in your best interest to follow the cancellation procedure below BEFORE switching to another host provider. We will not know otherwise.

» When canceling a plan you must follow these steps:

• STEP 1: Backup ALL files and Emails!
• STEP 2: Email us at our support desk by opening a ticket at http://miditech.com/tt and include the following information:

  - Company Name
  - Contact First and Last Name
  - Mailing Address
  - City
  - Province/State
  - Postal Code
  - Phone Number
  - account username
  - account password
  - domain name

ALL of the above MUST be identical to the contact information found within the account's control panel or we will ignore and reject the request for cancellation.

• STEP 3: Wait for confirmation email. Your account WILL NOT be cancelled UNTIL you receive and reply to the confirmation email from Miditech.com.
• STEP 4: Reply to the confirmation email that Miditech emails the account holder. Your account will then be deemed as cancelled and Miditech will immediately, or shortly thereafter, delete the account and all files and emails from our service.

30 Day Money Back Guarantee

Each of MIDITECH 's web hosting plans carries a *30-day money back guarantee. If you are not completely satisfied with our hosting services within the first 30 days of your contract, you will be given a full refund of the monthly service fee's paid excluding any setup fees, overage charges, domain registration or transfer fees, charges for excess bandwidth or other charges related to setup or utilization of the service. There are no refunds on MS SQL monthly fees, Domain Name Registration, Miva license and Miva monthly lease fees, and setup fees. Please be aware that there are no pro-rated refunds after the first 30 days of service. Our money back guarantee does not apply to renewals.

Dedicated IP Policy

IPs are in short supply and ARIN (American Registry for Internet Numbers) has been pushing hosting companies to conserve IP space and promote name-based hosting. ARIN no longer accepts virtual accounts as sufficient justification for an IP assignment. We have therefore been forced to make it necessary that any dedicated IP assignments to domains must only be made if it is absolutely required. IP assignments are thus only allowed if they are to be used for any of the following:

1) SSL/Shared SSL
2) 3rd Party DNS
3) Anonymous FTP
4) Virtual FTP (A Unix Service)

Miditech.com Privacy Policy

Miditech.com is committed to protecting the personal information of our customers, employees and other individuals. When you conduct business with Miditech.com you can be assured that your privacy is protected. We respect your right to control the collection and use and disclosure of your personal information.

Miditech.com is committed to protecting your privacy and safeguarding your personal information. Miditech.com has implemented the below "Privacy Code" to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) which came into effect January 1, 2004. Miditech.com respects the privacy of our clients and we are committed to keeping your personal information private, secure, accurate, and confidential.

What Is Personal Information?

Personal information includes any factual or subjective information, recorded or not, about an identifiable individual. This includes information in any form, such as:

• age, name, ID numbers, income, ethnic origin, or blood type
  
• opinions, evaluations, comments, social status, or disciplinary actions
  
• employee files, credit records, loan records, medical records, existence of a dispute between a consumer and a merchant, intentions (for example, to acquire goods or services, or change jobs)
  
• Personal information does not include the name, title, business address or telephone number of an employee of an organization.

Information We May Collect And What We Do With Such Information

We collect and use information about you and your use of our website and our products and services (herein called "Information") to:

(i) initiate and maintain a business relationship with you as our customer in connection with our products and services.

(ii) Provide you with personalized services and product offerings by use of direct marketing to our current customer base, as well as new potential customers.

(iii) Comply with any legal requirements or requests due to a legal proceeding.

The Personal Information Protection and Electronic Documents Act utilizes the model code from the Canadian Standards Association(CSA). The code was developed by business, consumers, academics and government under the auspices of the Canadian Standards Association. It lists 10 principles of fair information practices, which form ground rules for the collection, use and disclosure of personal information. These principles give individuals control over how their personal information is handled in the private sector. An organization is responsible for the protection of personal information and the fair handling of it at all times, throughout the organization and in dealings with third parties. Care in collecting, using and disclosing personal information is essential to continued consumer confidence and good will.

To view the Personal Information and Electronic Document Act, click here now.

Miditech.com takes our Privacy code seriously, which is based on the below 10 principles:

1. Accountability

Miditech.com is responsible for information under our control. We have assigned an individual who is accountable for our organization's compliance to the Privacy Principles set out by the Personal Information Protection and Electronic Documents Act.

2. Identifying purposes

Whenever we collect information from a customer or potential customer we identify the purpose for which the information will be used.

3. Consent

Consent and knowledge of the individual is required before we collect or disclose any personal information, except in cases where it is inappropriate.

4. Limiting collection

We only collect information that is necessary for the purpose identified by our organization.

5. Limiting use, disclosure, and retention

Just as Miditech.com takes steps to limit the types of information we collect from you, we carefully regulate how we handle your personal information. We do not use your information for purposes other than those to which you have consented, or as required by law (for example in a legal investigation).

Should Miditech.com require the services of third parties to handle your information, we will require them to adhere to privacy procedures that will keep your information confidential. These third parties will be given only the information necessary for performing their information-handling services.

Miditech.com does not sell or trade personal information for commercial purposes.

Miditech.com is committed to retaining your personal information only as long as is necessary for the purposes for which it was collected. Miditech.com is also committed to deleting or destroying the records containing that information when they are no longer required; this will be done in ways that will ensure your continued privacy.

6. Accuracy

We are committed to ensuring that our records of your personal information are accurate, complete, and up-to-date. Although it is your responsibility to inform Miditech.com of any relevant changes in your personal information, we will take steps to ensure that you are able from time to time to verify the information in your file.

7. Safeguards

Miditech.com uses appropriate safeguards to protect the privacy of your personal information. These safeguards are designed to prevent unauthorized access, disclosure, copying, use, or modification. Your records are accessible only to staff who have been given the authority to access them and only as is necessary to provide services to you.

8. Openness

So that you can be confident that Miditech.com is handling your personal information appropriately, Miditech.com will make information about its policies and practices concerning management of personal information readily available to you. As such, Miditech.com lists our policies on our website for viewing 24 hours a day, 7 days a week for reading by all.

9. Individual access

If at any time you have a question about our records containing your personal information, we will do our best to answer it. You have the right to be told about the kind of personal information Miditech.com maintains, how it is used, and with whom it is shared. You are entitled to challenge the factual accuracy as well as the completeness and relevance of our records. Incorrect information will be promptly corrected or, if necessary, deleted.

In special circumstances, Miditech.com may need to refuse or limit an access request, for example when disclosure of the information will reveal personal information about another person or interfere with a legal investigation.

Most inquiries about our records containing your personal information will be answered at no cost to you. In special circumstances, however, it may be necessary to charge a fee, for example when a lot of staff time is required to gather requested information. If a fee is necessary, you will be told in advance.

10. Challenging compliance

An important measure of Miditech.com's compliance with the ten privacy principles is your perception of our practices and procedures. We welcome your comments and suggestions concerning this privacy statement and will respond to any concerns you may have about its application.

You can request a copy of the CSA Model code for the protection of personal information directly from the Canadian Standards Association.

An individual is able to address a challenge concerning compliance with these principles to Miditech.com's compliance officer:

Don Gerrity
Managing Director
Contact Me

To keep your website visitors and customers returning to your website, you need to keep the content fresh, especially on your home page. Miditech offers different website maintenance options to meet your needs. All website design and/or website updating services of Miditech require a prepaid non refundable deposit regardless of the work requested.

Miditech offers the following different types of website updating service:

1. NEW WEBSITE PROJECT or LARGE UPDATE REQUESTS:   

• Terms and conditions will be discussed and agreed upon prior to starting the requested services.
• We require a 50% non refundable deposit to start any project.

2. ONGOING MONTHLY CONTRACTS (highly recommended):

• Terms and conditions are discussed prior to creating the contract to meet customers needs.
• Monthly contracted maintenance may receive discounted hourly rates depending on the number of hours purchased per month.
• Monthly maintenance contracts receive priority service ahead of "Pay as you need" design service as the hours are prebooked each month.
• The amount agreed in the contract is due on the 1st of the month by Visa credit card. (Annual payments are no longer accepted)

3. PAY AS YOU NEED WEBSITE UPDATES:

• For Pay As You Need service we require payment or a deposit prior to any work being performed with the balance owning paid prior to ftp uploading to your web hosting space.
• Pay As You Need service is based on an hourly rate of $75.00/hour.
• Pay As You Need time for completion depends on the current projects and ongoing maintenance contracts active with Miditech at the time of the request.
• Pay As You Need requests for service are added to our design cue and work in the cue is completed on a first come first serve basis (usually within 1-2 weeks but sometimes longer).
• Although we work to complete requests in the shortest time possible for all customers, we cannot give any guaranteed date of completion for Pay As You Need service.

4. EMERGENCY UPDATE SERVICE 

Emergency pay as you need service where website update requests need to be performed quickly due to circumstances may be available.

• Emergency updates require our web designer(s) to work overtime hours and are billed at a minimum of $125.00/hour.
• The price could be higher depending on the nature of the work required.
• We cannot guarantee that a web designer will be available to work such overtime hours and it is dependent on the availabilty of a Miditech web designer.
  

The following services have different prices which are quoted at time of the request and are not included in the above prices:

+ Database Application Development
+ Flash animation
+ Software or Scripts
+ Php programming
+ Third Party Miva Modules

• Website Page: Any page on a website that does not contain product information
• Product Page: Any page on a website that contains information related to a product.

Most customers requesting product page updating will want the updates done as quick as possible. This is because it is simply managing your business. Imagine if you owned a retail store and had to wait 1 month to put new products on the sales floor, even though you had them in stock; it is not very viable right? Waiting for MIDITECH's website updating design cue to empty until we can get to your website updates is exactly like that. We cannot guarantee that the updates will be ready when you expect because we have other customers as well.

Due to the nature of Product page website updating, and the amount of time it takes to complete such website updates, MIDITECH may discuss moving your website from a static website to a shopping cart website so that you can take control of managing your product catalogue without hiring MIDITECH to perform such updates. This will involve an up front cost and possibly an increased hosting fee, but the savings you will gain from no longer hiring MIDITECH for such updates and the immediate access to managing your web store are well worth the effort. We appreciate your business, but hiring MIDITECH to manage your product database involves a dedication to your business that we may not be able to perform without an ongoing prepaid maintenance contract that will give a dedication to your business. Contact Us for details.

ESTIMATES

In some circumstances, MIDITECH may provide the customer with a project price for website updating where it is appropriate. In some circumstances, MIDITECH may require that a TOSWD (Terms and Conditions of hiring MIDITECH for a website project) be signed and forwarded to our office.