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MEDIATRIBE.NET INTERNET SERVICES TERMS OF USE
A DEFINITION OF TERMS
Except if a contrary precision is given, the following terms are defined in the present article:
THE PUBLISHER : This term designates Mediatribe.net Internet Services located at 3870 Claude, Verdun, QC, H4G 1H1. Qumbia.ca is a service offered by Mediatribe.net and is wholly covered by the terms of use of Mediatribe.net.
CLIENT : Person or entity who is a subscribber of the Qumbia.ca online platform and any physical person who uses any of Mediatribe.net's services.
CUSTOMER : Considered to be synonymous with CLIENT.
USERNAME AND PASSWORD : Any identification code or word uniquely identifing the client on any of Mediatribe.net's service or the client site through Qumbia.ca in particular.
SITE : The public section of what is commonly called the CLIENT's "web site" accessible via Internet in a public fashion, and hosted on Mediatribe.net's servers.
QUMBIA.CA ONLINE PLATFORM : term encompassing all services provided by Mediatribe.net to the CLIENT, through the internet or the Qumbia.ca website.
ADMINISTRATION MODULE : the user interface for the creation and management of the "website", accessible to and under the responsibility of the CLIENT using a USERNAME AND PASSWORD.
B TERMES OF THE CONTRACT
The present terms of the Qumbia.ca website are applicable to all services provided through the following domain names or any other domain name that the Publisher might use in the future:
The present contract is a legal agreement between the user of the Qumbia.ca online platform, hereafter the CLIENT, relative to the Qumbia.ca portal and any other domain name cited above.
By accessing the Qumbia.ca online platform, you accept to be bound by the present contract. This contract may be modified at any time by the publisher and the new contract will be considered valid after notification.
The Qumbia.ca online platform can be described as:
• hosting of websites created with the platform.
• access to website creation and administration tools, commonly called "administration module"
• an email account service (the number of mailboxes being variable)
• access to a community of professionals offering related services (graphic design, translation, web design, copywriting, etc.),
• access to computer applications developed by Mediatribe.net,
• accès* to applications developed by third parties including but not limited to: a domain name ordering system, hosting, copyright-free image ordering, online geographic maps (ex. : Google Maps), statistical analytics of your website, etc.,
• access* to content created by third parties: templates or themes, photos, translation, copy, custom content.
* At all times the client must respect the licenses associated with third-party content and code as used via Qumbia.ca. For example, it is prohibited to resell rights-managed stock photos.
Other services or options or products can be offered by Mediatribe.net within the scope of another contract or conditions unstated in the present contract. The Client recognizes that the present contract does not involve access to internet (connection).
Services offered through Qumbia.ca, along with options, are described online at http://www.qumbia.ca, or any other address that Mediatribe.net might use in its stead. If a client has obtained an account without a specific or explicit offer, the storage limit is considered to be 1 Gb, and the bandwidth is considered to be 10 Gb per month.
Unless there is an agreement to the contrary, all application development done by Mediatribe.net for the client is done under an open source license. The resulting code cannot be resold by the client to a third party. The client will have access, on request, to the source code of these applications. Mediatribe.net reserves the right to make said source code accessible free of charge to the public.
C HOSTING
1 Server
1.1 Reasonable usage of server resources
The usage of Mediatribe.net's server resources must respect the shared aspect of our servers and as such all abusive usage can result in the publisher terminating an account.
1.2 Databases and scripts
No FTP access is allowed on the Qumbia.ca online platform unless an agreement in reached in writing.
Direct accesss to MySql or other databases is not offered, unless an agreement in reached in writing.
The client might not install server scripts on shared disk space. If, however, a special permission is given, the following modalities must be respected: Because of the shared aspect of resources, during the development of a website, the client must respect commonly accepted technical programming standards.
Thus, the client agrees that the scripts do not use more than five percent of CPU resources and less than ten MB of RAM. To go beyond these thresholds repeatedly can lead automatically and without notice to the suspension of the service by Mediatribe.net in order not to impair the quality of service to other customers hosted on the shared platform. Mediatribe.net will then advise the client within a reasonable time. In general, the client undertakes to ensure that the hosted scripts do not affect the configuration of the hosting platform of Mediatribe.net in an inappropriate or abusive manner (infinite loops, persistent connections, etc.).. The use of scripts not conforming to the standards of programming above is strictly prohibited.
2 Overrunning of monthly data transfer (bandwidth) or storage space initially ordered
2.1 Various options
The various options offered by Qumbia.ca include, as a monthly package, a certain volume of traffic at a data transfer and a storage of data expressed in Mega Bytes (MB) or gigabytes ( GB). The customer is responsible for maintaining the volume of traffic and storage space allowed according to his/her subscription.
2.2 Application for suspension of site access
To avoid exceeding the volume of transfer, the customer may request of Mediatribe.net, by email, temporary suspension of access to its site. In the absence of a request for suspension of any kind, the customer will be deemed to have accepted the excess data transfer and the corresponding billing.
2.3 Litigation
In case of a dispute, the parties agree that the description of its packages as originally accepted will prevail as an objective description of services available to the client in the context of his/her subsciption. Any excess of the monthly data transfer and / or exceeding the allowed storage space will result in additional charges, at the rate established at the date of exceedance, based on the number of Mega Bytes ( mo) transferred or stored in addition, that the client accepts this.
3 Transfering from one Server to another
3.1 Hosting by Mediatribe.net
All sites built from the Qumbia.ca online platform must be hosted by Mediatribe.net servers. Thus, if the client wants to modify an existing site using the online platform, said site should be transfered to Mediatribe.net servers.
3.2 Information to be provided
To transfer a site to Mediatribe.net's servers, the customer must confirm that he/she has access to the following information:
• The name of the Registrar, if the client already has a domain name
• The user name for the domain name on the Registrar
• The password for the domain name on the Registrar
• The legal ownership of the domain name (client name must be listed on the Whois database)
• The Cira username if you have a Canadian Domain Name
• The Cira password if you have a Canadian Domain Name
• The current FTP server address
• The current name of the FTP server
• The current password of the FTP server
• The directory of FTP server and the domain name, if applicable
• The list of email addresses
• For each e-mail address, username and password.
Mediatribe.net requires all this information to complete the transfer. If the transfer can not be completed because the customer could not provide all the required information, hours of work already carried out will be charged to the customer (client).
4 e-mail
Email quota is subject to the quota of disk space and bandwidth depending on the package chosen. The client is entitled to a number of addresses (mailboxes) according to the package chosen; more addresses (mailboxes) are available for an additional monthly fee. If a package indicates another selected number of mail boxes, the higher number shall prevail.
E-mails over 4MB may be rejected by the server.
It is up to the customer to install adequate security systems to enable him/her to eliminate all types of viruses circulating on the Internet and which can enter the client's or any other user's system through the use of email.
The customer assumes full responsibility for the use of email addresses that Mediatribe.net make available under this contract.
Given the nature of the Internet (networked) and widespread use of anti-spam systems, Mediatribe.net in no case be liable for non-receipt of emails.
D DOMAIN NAME
The domain name is subject to the general rules covering the reservation of a domain name.
Mediatribe.net cannot be held responsible for a domain name chosen by the customer not being available, if the client asked Mediatribe.net to take charge and that this could not be done.
Transfer of a domain name
By transfer of a domain name, we mean not the transfer of ownership of the right to use, but the transfer of technical service (DNS change). The customer claims to be the owner of the right to use when requesting the transfer of a domain name or be duly authorized by the owner named above.
2 Role of Mediatribe.net
In the case of the transfer of a domain name, Mediatribe.net may perform the necessary formalities or guide the client in the completion of these formalities, for payment. However, the client states that he was warned that only the person named as administrative contact for this domain can validate the transfer. Mediatribe.net can not be held responsible for the inability to transfer the domain.
E CUSTOMER ACCOUNT MANAGEMENT MODULE
The customer has the opportunity to administer his/her website and/or account through an administration interface, commonly known as "management module" or control panel and which is accessible by password and ID that will be received by email when activating an account.
Mediatribe.net guarantees the functioning of this interface on the browser Firefox 2.0 and later versions, on platforms Mac OS X and Windows XP or higher.
This control panel contains a tool for creating and modifying websites, designed for easy use by the customer. The customer may at any time email Mediatribe.net for technical support with the module. However, any amendment to a site or request for service not available directly on the management module will be billed at normal hourly rate.
F VARIABLE RATE SERVICES
All web design work, computer graphics, text writing, translation or other services Mediatribe.net offers the customer will be charged according to a certain rate (hourly, per word, per contract, etc.).. The rates are set on the site www.qumbia.ca or shall be negociated in writing between parties.
1 Web Design
The customer is responsible for the bill submitted to Mediatribe.net for the site. Mediatribe.net is not responsible for errors in spelling or syntax in texts.
Mediatribe.net agrees to include all the content submitted. Web design does not include text editing. Copywriting fee will be charged if the customer requests a revision of the texts. Notwithstanding the foregoing, the Publisher reserves the right to remove any content deemed non-compliant (obscene, illegal, etc..) Provisions are set forth in this contract.
Mediatribe.net designs websites from existing models (templates or themes), with a graphic style already included. To change the graphic style of the models offered, the customer will accept that a surplus amount be billed.
The estimated cost given by Mediatribe.net entitles the customer to three iterations (cycles of change). If requests for design changes to the site exceed this limit, new fees, charged at the hourly rate, will be charged to the customer.
2 Graphic design
Mediatribe.net offers a graphic design service for physical media, including but not limited to printing on paper and electronically.
At the request of the customer, Mediatribe.net can communicate documents to a third party for purposes of printing, etc.., This is done through an http link and not via a third party FTP. It is the sole responsibility of the customer to confirm with any third party the validity of a document before printing and after the transfer of a document by mediatribe.net to the third party. The same applies to the quantities and paper ordered. Mediatribe.net cannot be held responsible for poor communication between the client and a third party, or communication errors between Mediatribe.net and a third party.
The customer must ensure to send the final text for the graphic layout. Some minor adjustments are permissible (they must be grouped in one e-mailing). No correction of last minute will be accepted after sending the final version. Mediatribe.net is not responsible for errors in spelling or syntax in the text of the client, or other errors of any kind. The customer has the responsibility to verify all graphic design documents after each iteration.
The client must understand that the colors shown in the electronic versions may vary to a reasonable extent, with respect to the colors of the final version on paper. For web graphics, colors may vary from one computer to another depending on the type of display and lighting of the room.
Mediatribe.net undertakes that all graphic design work for the web is compatible with the following browsers: Firefox, Safari, Internet Explorer versions 6 and 7. All requests for compatibility with any other browser will be charged at according to the rate schedule.
3 Translation
Mediatribe.net reserves the right to refuse to translate a text that is not clear. At the request of the customer, Mediatribe.net can rewrite texts in advance, but the customer will be responsible for costs of rewriting, then for translation costs in the future.
4 Copywriting
Mediatribe.net will be obliged to charge the customer the time required for changes in the nature of the text to write.
The client must specify in advance whether s/he wants a text written in Word format, in HTML format (Internet) or in another format. The client must understand that the layout from one format to another are not compatible; and transferring a page layout from one format to another is subject to fees.
G DATA BACKUP
It is recommended that customers save a copy of their content into a form other than the disk space on its account Qumbia.ca. Mediatribe.net shall provide clients with the means to do this.
Mediatribe.net takes reasonable precautions to ensure the physical protection of data and programs that the client will be given. In principle, weekly backups are performed in different geographical locations of the main server and are kept for thirty days. However, for technical reasons, particularly related to robots in charge of these operations, these safeguards may not occur at a frequency above.
Therefore, the client should perform his/her own backups to prevent loss or alteration of its files and databases. In case of loss or destruction of customer data and upon written request of the latter, the last backup performed will be provided within a reasonable time by Mediatribe.net to the client.
Mediatribe.net commits to respond to such requests, and if the loss of data is deemed the client's fault, the process of restitution will be an estimate and, upon acceptance of the customer will be billed at a rate in effect at the date of the application. In terms of losses and / or restoration of data and / or programs provided by the client, the obligations and responsibilities of Mediatribe.net are limited to the terms above.
H PAYMENT OF BILLS
Payment is made by PayPal, it is automatically taken from your Paypal account as a monthly subscription. Mediatribe.net will not send you a monthly bill as PayPal sends an e-mail received in payment. If an invoice is required, the customer must inform mediatribe.net via email.
In case of non-payment, the account will be suspended unless otherwise agreed with the administration of Mediatribe.net.
15 days after the expiration of an invoice with an unpaid amount (regardless of amount), the account will be blocked automatically (email, web, ftp, etc.).. Without payment within 30 days after the due date of the invoice, the account will be terminated with immediate effect and the data will be irrevocably destroyed, without compensation or injury claim by the client.
A suspended account will be reativated upon proof of payment (confirmation of the bank, the on-line by credit card, etc). No other indication of payment will be taken into account.
It is important to be aware of the importance of the contact email address provided in the contract or acting as a mail contract between the parties, because it receives communications Qumbia.ca.
It is therefore essential that the client retains the active email address and consults on a regular basis to be aware of all messages that could be sent to her/him by Mediatribe.net. Otherwise, Mediatribe.net will not be held responsible for the lack of communication and problems that might arise.
I PROHIBITED ACTIVITIES
It is against the policy of Mediatribe.net to participate directly or indirectly to one of the following activities through our web hosting services:
• Send out mass mailings to people who did not explicitely ask for it ("junk mail" or "Spam"). Any email sent to a mailing list called opt-in (in which the recipient has explicitly asked to receive email client) must clearly contain the source of the email, a simple way to unsubscribe from the list, and an indication of the reason why the address is on a massive mailing list. A complaint for spamming may result in immediate termination without compensation for the hosting contract, if the complaint is founded. A complaint is founded when the sender can not provide proof of voluntary registration of the complainant. Also included is Spam done through misconfigured scripts on the website of the client and allowing access to messaging features from the outside.
• Post a message in one or more discussion groups (or usenet newsgroup) with a content unrelated to the theme of these groups.
• Not respecting copyrights.
• Falsifying information that is provided to Qumbia.ca.
• Undertake any other activity that violates the law and threatens the integrity of a computer system, including that of Mediatribe.net; or violates the rules of conduct generally accepted on the Internet.
• Entering or attempting to enter in an unauthorized fashion onto a computer system, including that of Mediatribe.net.
• Hosting an IRC server connected to a public IRC network.
• violate the laws of Canada on the export of software.
• Use services to compromise the safety of others and of the network.
J PROPERTY AND COPYRIGHT
The Client represents and warrants that he/she is either the owner of the content it hosts, is that it holds all necessary rights in respect of such content on behalf of another entity.
All content (text, illustrations and images) reproduced and available on the website Qumbia.ca are protected by copyright as intellectual property around the world. The customer agrees to comply with the licensing of any right of free content (pictures, sounds, site templates, software, etc..) offered by Qumbia.ca. Mediatribe.net undertakes to provide the client with the license of such content, on demand.
Total or partial reproduction of Qumbia.ca website is strictly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer or sell any information, software, products or services obtained from its Web sites, or to create works derived from the foregoing.
The management module is the property of Mediatribe.net and is protected by copyright rules. Any violations of (or attempt to copy of) source code developed by Mediatribe.net in non-conformity with the existing license will be brought to justice before a court of law.
Mediatribe.net provides clients code developed by third parties, including but not limited to Drupal, Joomla! and PHPList. The use of such software is subject to their respective licenses.
K PRIVACY
Mediatribe.net complies with the Canadian and international standards in protecting the privacy of its users. Mediatribe.net does not collect any personal information about a user without his/her consent, and has developed means to ensure the confidentiality of such information.
RENEWAL
This contract is automatically and tacitly reconducted monthly or according to any other term negociated. The client can cancel the reconduction by sending a registered letter by mail one month prior to the end of the term.
M TERMINATION
Early termination by the Customer is possible at any time, by registered letter with a precise indication of the date of deactivation of the contract required. Such termination does not entitle client to any refund and the bills remain payable in their entirety until the end of the current term. The Customer is responsible to disable the subscription feature in his/her PayPal account; so as to avoid payments after the end of termination.
Early termination from Mediatribe.net is possible when the terms of this contract are not respected. This can be done without notice, without compensation, without recovery of data by the customer or other specific arrangement.
N CHANGE OF PRICE AND/OR TERMS
Any changes resulting from price increases of third party products or services will be announced to the customer via email, with two months' notice. These price increases give the client the right to terminate the contract with immediate effect, and the notice of one month prior to maturity of the contract is not required. However, in no case can refunds can be given.
Any changes or updates to the general conditions can be consulted at all times on the site http://www.qumbia.ca and are announced by email to the contact address of each contract. Customer agrees to monitor contact email addresses in order to keep abreast of any changes. Said changes or updates are binding on all users of the site Qumbia.ca.
O RESPONSIBILITIES
Customer agrees to maintain a postal mailing address valid in all times and a contact email address and monitor said email address. Mediatribe.net can provide the customer an administrative console to manage electronic information, available at http://qumbia.ca/. PO boxes should always be accompanied by the actual address (street and number) of the company or individual signing the contract.
Mediatribe.net conducts all communications excusively through email.
Mediatribe.net commits to a service availability of 99.9% (excluding normal maintenance of machines and exceptional conditions, such as earthquakes, floods, fires, etc., often referred to as "acts of God").
If necessary, Mediatribe.net reserves the right to suspend access to the hosting platform to make a technical maintenance and / or improvement to ensure the proper functioning of its services . Mediatribe.net then attempt to inform the client, if possible, the existence and duration of the intervention. Mediatribe.net endeavors to carry out maintenance operations at times when the hosting platform is the least used by Internet users, except in the case of urgent corrective maintenance.
Mediatribe.net committs to providing the best possible service to the customer, but can not be held responsible for any technical problems beyond its control, including line overload or hardware failure. In no case can the client request damages or compensation resulting from technical problems of any kind whatsoever.
Mediatribe.net works with its customers to solve problems, and in the case when clients are unsatisfied, they may request a refund. Mediatribe.net must be notified no later than 30 days after registration. The refund will be outside any reservation fee for a domain name, for transactions made by credit card or Paypal. A period ranging from 4 to 6 months is applied before any refund to allow time for these companies close the file of the last payment and avoid double refunds.
The customer is solely responsible for safely conserving identifiers and passwords needed to use the control panel(s) associated with his/her account.
If the client communicates his/her username and password to any third party, the client agrees to be solely responsible for actions taken by the third party with said credentials. Mediatribe.net reserves the right to refuse and / or terminate the hosting of pages estimated contrary to morality or policies, without justification. With regards to any content with information, comment or anything contrary to Canadian and international law, current or future, the client is considered the own of the site and is solely liable in the courts. The client will reimburse Mediatribe.net for all disbursements, without exclusion. Mediatribe.net should in no circumstance be recognized accomplice to illegal acts of the client.
In particular, it is forbidden to publish any contents associated directly or indirectly with:
• pornography
• pedophilia
• pirated copyrighted material
• racism
• MP3 formats and derivatives subject to copyright
• online gambling (electronic casinos, etc..)
• software peer to peer (Kazaa, eDonkey, etc.).
• illegal activities
Mediatribe.net reserves the right at any time and without notice, block access to any website it deems not in accordance with Canadian or international law and convey to the client that this information is illegal.
Mediatribe.net may be contacted directly by the holders of intellectual property rights if these rights have been violated by the online services offered through Qumbia.ca so that the offending material be removed or access blocked. Mediatribe.net will examine complaints and take appropriate decisions.
Mediatribe.net undertakes to put all its resources toward delivering optimal conditions of hosting to the customer. Mediatribe.net's responsibility toward the client is limited to established and verifiable facts for which Mediatribe.net would be exclusively responsible.
Customer acknowledges that software and software packages (edited by others) used on the online platform of Qumbia.ca, taken together, is a complex system, and that all eventualities cannot be tested. The customer therefore agrees to acknowledge, within reasonable limits, the risk of imperfect hosting or unavailability of the hosting platform.
Because of the characteristics of the Internet, which the customer is aware of, Mediatribe.net cannot be held liable for, among others,
• The content of information transmitted, distributed or collected, their use and update, and all files including files of addresses but also sound, video, text, images, form elements, the data available on the site and for any reason whatsoever.
• Difficult access to the site hosted due to non-compliance with policies or obligations on the part of the customer, failure and / or an extreme network congestion at certain times of the operators of transport networks to the Internet and especially his or her providers.
* Malicious intrusions on the customer site and / or in the mailboxes of the client.
• The bad programming or poor configuration of the hosted application (website of the client) for which Mediatribe.net is not involved in any way.
• The damage to equipment connected to the hosting platform (terminal client) or their misuse, which are the sole responsibility of the customer.
• Possible diversions (theft or misues) of passwords, PIN codes, and more generally any information that is sensitive to the client.
• Exceeding of the monthly volume of data transfer or storage space allowed by the service package chosen by the customer during the subscription service.
• Indirect damages to the client, such as commercial damage, loss of orders, damage to brand image, any disturbance to business, loss of profits or customers.
Any action against the client by a third injury is indirect and therefore cannot be compensated by Mediatribe.net. Reparations by Mediatribe.net in case of failure of hosting service are possible with the express exclusion of consequential damages.
In any event, the amount of damages that could be the responsibility of Mediatribe.net toward the client, if liability was incurred, will be limited to the amount of money actually paid by the customer to Mediatribe.net during the six last month for the service for which the responsibility of Mediatribe.net has been used in connection with the execution of this contract.
If Mediatribe.net were to waive certain conditions set forth in this contract, that should not be construed as a waiver by Mediatribe.net later to take advantage of any of those conditions.
P ACT OF GOD
In case of ACT OF GOD as defined by the jurisprudence of Canadian courts, making it impossible for either party to live up to obligations, the obligations of Mediatribe.net and the client will automatically suspended.
If the suspension exceeds two months, the contract will be automatically terminated on the initiative of either party. Mediatribe.net and then the client will loose their commitments, without any compensation be payable on both sides. Q LAW
This contract regarding conditions of service is governed by the laws applicable in the province of Quebec. You hereby acknowledge that any dispute arising from or related to use of services and website Qumbia.ca will be subject to the jurisdiction of the courts of the District of Montreal, Quebec, Canada.
By subscribing to Mediatribe.net services, Customer agrees and says he learned use policies. Upon request, Mediatribe.net may require a copy of this document signed by the Customer.
R LANGUAGUE
Both parties accept that the present contract be in English, with the understanding that a French-language version is available and has been rendered accessible by Mediatribe.net to the client. Les deux partis acceptent que le présent contrat soit écrit en anglais; une version française est rendue disponible au client par Mediatribe.net
I will adhere to the policies of use:
Client Name: ____________________________________________
Title: ____________________________________________________
Name: ______________________________________
Signature: ____________________________________________
Date: _____ / _____ / __________
Mediatribe.net
Authorized by: ____________________________________________
Title: ____________________________________________________
Signature: ____________________________________________
Date : _____ / _____ / __________
The present contract will be in effect when a signed copy arrives at Mediatribe.net's office at the address above. The client can send a copy by mail or by internet. The acceptance of this contract online by the client has the same validity as a physical signature.
Mediatribe.net
3870 rue Claude
Verdun, QC, H4G 1H1
Canada