- Refunds - All sales are final, we do not offer refunds for completed work.
- Device Media accepts all payments in Canadian dollars.
- For customer service and other enquires please find us on our contact page.
- All items are delivered on payment in full.
Hosting and Other Policies
This agreement represents the complete agreement and understanding between Device Media and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published online via Device Media, Device Media may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify us at 780-488-7886 so we can initiate a closure of your account. USE OF YOUR ACCOUNT SHALL CONSTITUTE YOUR APPROVAL.
1. Device Media makes no warranties of any kind, whether expressed or implied, for the service it is providing. Device Media also disclaims any warranty of merchantability or fitness for a particular purpose. Device Media will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by Device Media may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Canadian or U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Device Media reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
3. Customer agrees to defend, hold harmless and expeditiously indemnify Device Media from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
4. Device Media accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy.
5. Device Media reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable.
6. If a customer re-registers after Device Media's cancellation of the account without Device Media's written consent, Device Media will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
7. Setup fees are not refundable.
8. Additionally, Customer agrees not to utilize the Device Media service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the Device Media Acceptable Use Policy will be fined $200 USD per message. Payment by Customer under this provision shall not prevent Device Media from seeking other legal remedies against Customer. Sending a message, especially an advertisement, is by itself spamming unless the individual has specifically requested information. The spamming of one recipient is considered UCE, or Unsolicited Commercial Email. UBE, or Unsolicited Bulk Email is when there is multiple recipients of UCE. Spam, UCE, UBE are all considered system abuse whether or not the spam was actually sent from a Device Media server. If any part of a spam, UCE, or UBE message refers to a host or ip address related to Device Media it will be considered System Abuse and will be dealt with accordingly.
9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
10. Device Media requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Device Media cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
11. Customer shall ensure that its use of Device Media's network services shall not disrupt Device Media, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Device Media reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Device Media user or to any directly or indirectly attached network. Use of Device Media's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Device Media shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Device Media's service, Device Media's equipment or any site hosted on any Device Media network.
12. Additional Prohibited Uses
YOUR USE OF OUR SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. DEVICE MEDIA MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
DEVICE MEDIA WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, DEVICE MEDIA RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT DEVICE MEDIA TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE AFFINTY TO INCUR LEGAL FEES OR OTHER EXPENSES.
DEVICE MEDIA MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. DEVICE MEDIA MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
1. Lawful Purpose
You may use Device Media’s Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use Device Media’s Services to facilitate, or otherwise assist in, the violation of any law or regulation.
2. Spamming and Related Activities
Device Media strictly prohibits your use of Device Media’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
3. Permission Based Communications
You may use Device Media’s Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using Device Media’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via Device Media’s Services, you must verify that the lists have been compiled on a strict "opt-in" basis.
In addition to the foregoing general requirements, all permission-based communications sent using Device Media’s Services must include the following (and you are required to take the corresponding actions set forth below):
- A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter Device Media’s Services.)
- The recipient’s accurate e-mail address in the "to" line and the sender’s accurate e-mail address in the "from" line
- A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter Device Media’s Services.)
- An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must conspicuously display your up-to-date mailing address, telephone number and facsimile number
You are solely responsible for the transmission of all such permission-based communications. Device Media reserves the right to suspend or terminate your Services in the event Device Media receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that Device Media may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
13. Customer warrants that any material submitted for publication on Device Media does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Device Media reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
15. Use of Device Media's services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
16. Each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
17. Any party seeking to report any other potential violations of this Agreement may contact Device Media via email at email@example.com.
18. Transferring your domain to another provider does not constitute canceling your Device Media account. You must notify Device Media to formally cancel your account with Device Media to avoid further charges.
19. On occasion, Device Media may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.
20. It is the responsibility of the customer to contact Device Media of any changes to their account, such as phone number, address, credit card information, etc.