TERMS OF SERVICE for Microtek Corporation doing business as Mtek Digital
This agreement is in effect as of May 10, 2018.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our websites and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our websites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any mtekdigital.ca employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Microtek Corporation and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our websites, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Microtek Corporation or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Microtek Corporation will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on mtekdigital.ca, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Microtek Corporation, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Microtek Corporation.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our websites and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Microtek Corporation from our offices located in the province of Alberta, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Alberta, by accessing our websites, you agree that the statutes and laws of Alberta, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Canada, Alberta You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Microtek Corporation EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Mtek Digital o/b Microtek Corporation
214, 8711 50 ST NW
Edmonton, Alberta T6B1E7
For Former Clients of Positive E Solutions Inc.
For Former Clients of Positive E Solutions Inc., now clients of Mtek Digital as operated by Microtek Corporation (“Service Provider” or “Mtek Digital”):
1. This Agreement between Mtek Digital and the Customer is entered into subject to the following terms and conditions.
2. The Domain Name you have requested is bound by the terms of the registrar.
3. The Service Provider reserves, and customer specifically agrees to, the right for Service Provider to immediately and permanently discontinue service in the event that, in the sole opinion of Service Provider, the domain name issued to the customer is included, or associated with, “email spamming,” pyramid marketing, mass mailings (unsolicited and/or solicited), adult material, nudity in any form, warez or links to warez material, or any other use that in the sole opinion of Service Provider, is considered a misuse of service.
4. The Service Provider makes no warranties of any kind; expressed or implied, for the services it is providing and use of the Service Providers services are solely at the customer’s own risk.
5. Parts of the Internet through which the Service Provider is connected may periodically experience downtime. The Internet is not maintained by any one organization or entity, and therefore the Service Provider cannot guarantee access to services outside of its control at any given time.
6. As the customer, you expressly agree to hold harmless and indemnify Service Provider, its employees, directors, owners, agents and associates free from any and all liabilities for any losses, damage or delay, including revenue, profits, business losses, and any direct, indirect, incidental, special or consequential or punitive damages resulting from delays, non-deliveries, misdirected data, service interruptions, computer failures, Acts of God, power black-outs, civil unrest, war, lightning, interruptions caused by its own negligence or errors or omissions, the use, non-use or inability to use, or your customers’ use, non-use or inability to use any of the services requested from Service Provider.
7. All accounts and services offered by Positive E Solutions Inc. either advertised or non-advertised are prepaid. No service shall be delivered to any customer at any time without prior payment for that service.
8. Either party may terminate this agreement by giving the other party 30 days written notice. Notice may be given by E-mail.
9. The Service Provider may terminate service under this agreement at any time and without refund if the Customer fails to comply with the terms of this agreement, including non-payment.
10. It is the Customer’s sole responsibility to retrieve all personal files from the Service Provider’s servers before requesting account termination or allowing the account to expire. Accounts, which are allowed to expire, will be automatically suspended. It will not be possible to retrieve files from a suspended account.
11. Any account, which remains suspended for 30 days, will be removed from the system, including all files and other contents belonging to the account.
12. The customer warrants the truth of all factual assertions and implications there from any web site produced or published and that the customer is authorized and/or entitled to use any picture or illustration or advertise the business, profession, service, product, Trade Mark or Trade Name appearing or described in the said web site and the customer hereby agrees to indemnify and hold harmless the Service Provider from and against any and all controversies, claims, demands, suits, damages or causes of action (including all legal costs on a solicitor-and-own-client basis incurred in connection therewith) based upon the said web site which may, or may be alleged to, infringe upon any Trade Mark, Trade Name, copyright, or such other rights, or give rise to any other liability at law.
13. The customer shall ensure that its use of the Service Provider’s network services shall not disrupt the Service Provider, 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, the Service Provider reserves the right to place CPU process limits on the Customer’s account to prevent disruption of service to other customers. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any of the Service Provider’s users or to any directly or indirectly attached network. Use of the Service Providers connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by the Service Provider 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 the Service Provider’s service, the Service Provider’s equipment or any site hosted on any of the Service Provider’s networks.
14. Although all hosting plans permit unlimited data transfer, 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.
15. This Agreement shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, without respect to its conflict of law rules.
16. The customer agrees that they are solely responsible for the accuracy of the information on their web site. The opportunity will be given for each customer to proof read their site prior to uploading of the files to the server for public viewing. Any controversy, claims, demands, suits, damages or causes of action resulting from inaccuracies remain the responsibility of the customer.
17. These terms and conditions apply to all domains, web sites and mail customers hosted with Microtek Corporation or Microtek Corporation operating as Mtek Digital hosted customer or any domain hosted on or connected to our servers.
18. Use of Service Provider’s hosting services constitutes agreement of our Hosting Terms and Conditions found above.
LAST EDITED 2021-08-16