Michael Suthern Computer Services

Terms of Use

If you do not agree with these terms please leave the site immediately, and do not use the material or software available herein.

Overview

The intent of this site is to provide sales, and support information to the clients of Michael Suthern Computer Services. This information may, or may not, be relevant to their situation.
Your use of the Michael Suthern Computer Services web site (the “site”) in any way, means you agree to, and are bound by the following Terms of Use:
The sites mscsinfo.com and www.mscsinfo.com are operated by Michael Suthern Computer Services.
This service contract (hereinafter the “CONTRACT”) is between Michael Suthern Computer Services (hereinafter MSCSINFO) and the applicant, You (hereinafter CLIENT), who wishes to purchase products, Internet Web Hosting and/or other Software-as-a-Service services with MSCSINFO.
The service account and related electronic services can only be used for legal purposes under all Canadian federal, provincial, and local laws.

Relationship between MSCSINFO and CLIENT
a. MSCSINFO will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b. CLIENT’s rights and privileges cannot be sold or transferred without the written consent and approval from MSCSINFO sixty (60) days in advance.
c. This contract represents the complete understanding between CLIENT and MSCSINFO. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
d. CLIENT agrees not to harm MSCSINFO, its reputation, computer systems, programming and/or other CLIENTS using MSCSINFO’s services.
e. MSCSINFO reserves the right to refuse service and cancel a CLIENT account at any time.
Interruptions in Service
MSCSINFO is not liable for any errors or interruption in service, whether within or outside of MSCSINFO’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold MSCSINFO free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by MSCSINFO or by third-party providers, or because of power interruptions or other causes.
Password Protection
CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use MSCSINFO’s service to guess passwords or to access other systems or networks without authorization. MSCSINFO will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
IP Addresses
CLIENT must return to MSCSINFO all IP addresses issued by MSCSINFO to CLIENT if CLIENT discontinues service with MSCSINFO or if MSCSINFO discontinues service.
Internet Etiquette
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which MSCSINFO may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against MSCSINFO by offended users. MSCSINFO reserves the right to refuse or terminate service at any time. CLIENT will indemnify MSCSINFO and hold MSCSINFO harmless from any damage to MSCSINFO’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Content

MSCSINFO has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of CLIENT’s account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email Abuse department.
The use of any account as a backup/storage device is not permitted, except for one backup of the same account. Do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
* Adult oriented, or designed along adult themes and containing adult content
* Email Marketing
* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (like Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Brute force Programs/Scripts/Applications
*Mail Bombers/Spam Scripts
* Large collection of MP3 files and/or DVD/CD ISO Image Files
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (like rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Push button mail scripts
* Broadcast of Streaming of Live Sporting Events
* Anonymous or Bulk SMS Gateways
* Bitcoin Mining
* Payday Loan Site

CLIENTS who provide the above-mentioned content are in breach of the contract. MSCSINFO may terminate service without notice and without any refunds.

Resource Usage

The following are restrictions on hosting plans:
* Taking up more than 20% of system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc.
* Running unattended standalone server-side daemons such as IRCD.
* Running any scripts (web spider) which index websites.
* Running any BitTorrent application, tracker, or client. CLIENT may link to torrents off-site but may not host or store.
* Running any file-sharing/peer-to-peer activities.
* Running any game servers such as Counter Strike, Half Life, etc.
* Running any cronjobs at less than 15-minute intervals.
* Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc.) on CLIENT’s account uses up 1 inode. The use of more than 250,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension will occur.

Backups and Data Loss

The backup service is provided as a courtesy to our customers. MSCSINFO backup service runs once a week, overwrites any previous backups made, and only one week of backups are kept. MSCSINFO makes no guarantees about the weekly backups and require a $35 fee to restore those backups. MSCSINFO will not be responsible for files and/or data residing on CLIENT’s account. CLIENT agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by MSCSINFO. Any account using more than 10 GB of disk space will be removed during weekly backup.
It is your responsibility to maintain backups.

Uptime
MSCSINFO aims to provide the CLIENT with 99.9% service uptime. Factors outside our reasonable control, including any force majeure may affect that goal. While MSCSINFO will make every reasonable effort to provide the stated level of uptime, CLIENT is not entitled to any specific credit should that service level fail to be met.
Unsolicited Commercial Email

The MSCSINFO network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of MSCSINFO may not use, or permit others to use, the MSCSINFO network(s) to send UCE. MSCSINFO will not host, or permit hosting of sites or information that is advertised by UCE from other networks. MSCSINFO will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on MSCSINFO’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact CLIENT and allow them to resolve the problem or complaint before taking further action. MSCSINFO reserves the right to place a temporary block in the event CLIENT is unreachable or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to MSCSINFO’s strict “NO SPAM” policy. MSCSINFO reserves the right to terminate services without any refunds when CLIENT is in violation of the “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. MSCSINFO will also fine the individual $500.00 per SPAM incident.

Warranty and Assumption of Risk
CLIENT uses MSCSINFO services at CLIENT’s own risk. MSCSINFO makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. MSCSINFO shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. MSCSINFO has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
Term of Contract, Termination and Renewal

a. All contracts are on a recurring basis. CLIENT shall pay MSCSINFO recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on MSCSINFO’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third-party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. MSCSINFO may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
b. You may cancel your hosting package any time. All cancellations by CLIENT of service or changes in service must be done in writing to MSCSINFO. Notification may be done by email (billing@mscsinfo.com), or via regular postal mail addressed to: Michael Suthern Computer Services, 83 Angelica Ave., Richmond Hill ON, L4S 2C9. There are no refunds of any fees for which CLIENT contracts.
c. If CLIENT breaches any part of this contract and MSCSINFO requires the services of an attorney, the CLIENT will pay any and all of MSCSINFO’s reasonable attorney fees and court costs.
d. All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, i.e. Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services. The fees for additional or upgraded services for which the order is accepted will be due on the anniversary billing date and will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rated charge. All fees will be due for the subsequent renewal terms until cancelled per Term of Contract, Termination and Renewal Section a and Term of Contract, Termination and Renewal Section b. In the event a customer does not pay service fees by the Renewal Date, customer will be assessed a late fee of $20.00 which must be submitted within 7-days of the customers renewal date. At the end of 7-days, services including Web Hosting Servers and Data, will become inaccessible and will automatically be reclaimed.

Limitation of Liability

In no event, including, without limitation, negligence shall MSCSINFO or any of its partners, suppliers, contractors, or employees be liable to CLIENT for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if MSCSINFO has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless MSCSINFO from and against any and all claims, costs, expenses or liability arising out of CLIENT’s (inclusive of CLIENT’s officer(s), contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.

Changes
MSCSINFO reserves the right to revise these policies at any time without notice.

MSCSINFO believes in the right to privacy for all users of this site. This site subscribes to the PIPEDA (Personal Information and Protection and Electronic Documents Act) guidelines.
Any information of a personal nature gathered here will comply with those guidelines. Please review the Privacy Policy for further details.
Common sense should always prevail. If in doubt about any use, or implementation, of products or services accessed from this site please get in touch with MSCSINFO using the contact methods on the Contact page.
Any questions about these Terms of Use should be directed to the appropriate contact using a method listed on the Contact page.

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Phone:
905-770-6967

Email:
info@mscsinfo.com

Address:
83 Angelica Ave.,
Richmond Hill, ON  L4S 2C9

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Last modified 22 Jun 2020

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