You should be aware that by signing
up for an account with MIDLHOST, you agree to position
data on our servers, thus making it accessible to the
wide public. In this sense, you accept that it is beyond
the power of MIDLHOST to restrict such access and
guarantee the security of your files. You are completely
in charge of protecting your data on the servers, which
suggests that you would better consider carefully any
piece of information before uploading it to your newly
allocated The server space. It is recommendable to avoid
publishing personal data that could be abused online.
The order form completion represents
the electronic signing of this document.
ENTIRE AGREEMENT; SEVERABILITY OF
AGREEMENT
MIDLHOST shall provide its Services
to You (the Customer) under the Terms and conditions of
this MIDLHOST Customer Agreement. The Agreement is
intended to keep the integrity of both MIDLHOST and the
Customer and to protect both parties from liability.
This Service Agreement will be enforced to ensure the
speed, power, performance, and reliability of our
services.
Along with the Order Form and any
other documents or agreements explicitly specified in
this Agreement, the Customer Agreement constitutes the
whole act of convention between MIDLHOST and the
Customer, thus being the most significant document of
the newly-established relationship. In case that a court
of competent jurisdiction considers that any of the
Agreement's provisions is invalid, unenforceable, or
void, the remaining ones will completely reserve their
validity.
Customer's side of the Agreement
could be presented by the following parties: an
individual with personal demands, being over 18 years of
age; a legal entity such as a corporation, a limited
liability company etc. that is consistent with state's
law system. If a person represents the Customer for some
reason, he/she should be legally authorized to act in
his/her name, thus accepting, executing and delivering
the Agreement.
You understand and agree that the
Service is provided "AS-IS" and that MIDLHOST assumes no
responsibility for the timeliness, deletion, failure to
deliver or store any Customer communication or
personalization settings.
BACKGROUND OPERATIONS/PROGRAMS ON
SERVERS
These programs, named cron jobs, can
be continuingly run by MIDLHOST in the background. Their
provision suggests additional fee in accordance with
system resources used and operational maintenance
involved, if needed. Generally, MIDLHOST (Snapy
Communications Inc.) avoids placing complementary
charges upon customers, providing the CronTab service
that is integrated in the hosting Control Panel.
Optional MIDLHOST Services. These services, including
but not limited to: Site Studio, Mailing Lists and other
services offered are provided WITHOUT WARRANTY and WITH
NO GUARANTEE OF RESULTS. MIDLHOST (Snapy Communications
Inc.) ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED
SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS
AVAILABLE" BASIS. MIDLHOST REJECTS ANY IMPLIED
WARRANTIES. ANY OF MIDLHOST'S EMPLOYEES, MANAGEMENT OR
AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE
FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY
INFORMATION, CONTENT OR SERVICES PROVIDED BY MIDLHOST
(Snapy Communications Inc.), INCLUDING DIRECT OR
INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING
FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR
TERMINATION OF SERVICES.
SERVICE GUARANTEES
MIDLHOST will guarantee 99.9%
MIDLHOST network uptime and 99.9% network stability
uptime. MIDLHOST will pro-rate credits (up to 3
additional domains or up to 5 GB bandwidth per month)
for uptime below 99.9% upon request. This, however, does
not refer to problems stemming from:
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) of the
user service (e.g. if the client shuts his/her own
server down, MIDLHOST is not responsible for the
downtime)
- Failures due to software that is not explicitly
supported by MIDLHOST. Consequently, if a hardware
crash provoked by the customer
happens, MIDLHOST (Snapy Communications Inc.) is beyond
the control and responsibility for the resulting
downtime.
SERVER USAGE & HOSTED CONTENT
1. Server content MUST comply with
the parameters stated in this TOS. Web content
requirements exclude the publication of illegal content
or content considered inappropriate otherwise. Customers
should get in touch with a MIDLHOST Service
representative regarding any inquiries over the matter.
2. If any of MIDLHOST Services are
used for the illegal purpose of SPAM or UCE, then they
will be instantaneously terminated.
Unauthorized Access. MIDLHOST (Snapy Communications
Inc.) expressly bans the use of any MIDLHOST (Snapy
Communications Inc.) hardware or software hosted on a
The server for trying to illegally access another hosted
machine or network.
3. Using MIDLHOST (Snapy
Communications Inc.) temporary URL - supremeserver.com
is not defined as a bandwidth stealing. However,
customers are advised to use it temporarily and MIDLHOST
does not bear the responsibility, if we change it
afterwards - traffic processing there is not
recommendable. It is not recommendable to use MIDLHOST
temporary URL- supremeserver.com as a basic URL. Users
are advised to redirect their traffic to their own
domains.
Each customer will be able to take advantage of the
package he/she has purchased at the introductory price
levels and with one and the same set of features in the
course of the whole contract period. MIDLHOST reserves
the right to introduce certain changes to the packages
(in the shape of complementary services) to the benefit
of customers.
PAYMENT, CHARGEBACKS AND RETURNED
CHECKS
1. MIDLHOST (Snapy Communications
Inc.) contracts with VISA / MASTER CARD International,
CashU cards, and Deposit or Bank Transfer , thus
avoiding its merchant accounts involvement. When signing
up for a web hosting service with MIDLHOST, customers
agree to AUP (this document) and the specified Terms &
Conditions in this document. Thus, MIDLHOST (Snapy
Communications Inc.) will utilize this document as an
evidence for the customer's agreement in cases of a
chargeback inquiry on behalf of the customer based on
points that the client tries to refute after he accepted
them at the time of the order.
If, however, customer presents a valid motive for the
refund required, having observed the afore-specified
requirements, then MIDLHOST (Snapy Communications Inc.)
will process the money back procedures without
hesitation. Any refund actions will immediately lead to
web hosting account suspension and the customer's credit
card will be charged back with the respective sum under
the same payment order / authorization number.
2. MIDLHOST (Snapy Communications Inc.) will charge
customers with fees based on the fee structure at the
time of the sign-up process. MIDLHOST reserves the right
to introduce changes to the packages when needed
regarding price and set of features. This means that the
current price list at www.MIDLHOST.com may differ from
the pricing and features of the customer's account.
3. When signing up for an account with MIDLHOST, the
customer agrees to pay for the period of one year (365
days). MIDLHOST grants customers with 48 hours over the
official payment period. In case that the payment has
not been received, the account will be suspended.
Chargebacks are not considered as a way of refunding.
Any customer who provides a credit card chargeback in
response to a bill or order placed at MIDLHOST (Snapy
Communications Inc.) will be subject to collections and
legal action. He/she will be charged $29.00, because
when signing up with MIDLHOST, customers accept these
terms and conditions, thus agreeing to observe them
strictly
WARRANTIES AND REPRESENTATIONS
MIDLHOST provides hosting services on
an "as is" and "as available" basis without warranties
or representations for its offering. The company bears
no responsibility for connection problems, in cases when
customers' hosting with MIDLHOST confronts with service
interruption issues.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
MIDLHOST Services, you will not use the MIDLHOST
Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not
attempt to gain unauthorized access to any MIDLHOST
Services, other accounts, computer systems or networks
connected to any MIDLHOST Services, through hacking,
password mining or any other means. You may not obtain
or attempt to obtain any materials or information
through any means not intentionally made available
through the MIDLHOST Services.
MIDLHOST reserves the right at all times to disclose any
information as MIDLHOST deems necessary to satisfy any
applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in
part, in the sole discretion of MIDLHOST.
MIDLHOST (Snapy Communications Inc.) is within the
capacity to refuse service to unlawful parties. MIDLHOST
(Snapy Communications Inc.) servers can be used
explicitly for legal purposes only and each attempt for
taking indecent advantage of the servers inconsistent
with the rules will be immediately rejected. In this
light, MIDLHOST (Snapy Communications Inc.) expressly
forbids any breach of Federal, State or Local
regulation, including, but is not limited to the
transmission of:
copyrighted material, material legally judged to be
threatening or obscene and material protected by trade
secrets.
MIDLHOST (Snapy Communications Inc.) management will
thoroughly scrutinize any of the received orders and
decide to their own discretion which of them do not
comply with the officially stated requirements for use
of the company's servers. MIDLHOST (Snapy Communications
Inc.) servers CANNOT be used for the propagation,
distribution, housing, processing, storing, or handling
in any way of lewd, obscene, adult OR pornographic
material, or any other material which is considered
impermissible by the company including, but not limited
to - pornography, adult materials, satanic materials,
and any other materials of an adult nature.
TERMINATION
You agree that MIDLHOST, in its sole
discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and
discard any Content within the Service if you violate
these terms.
SERVICE DENIAL
MIDLHOST reserves the right to reject
its service and terminate this agreement for a certain
period of time or indefinitely upon customers' failure
to pay. The customer then is considered a debtor to
MIDLHOST and liable for reasonable interest and
collection fees.
YOUR RESPONSIBILITIES
You are solely responsible for the
content of your messages. Using the MIDLHOST Service in
connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming or any duplicative
or unsolicited messages (commercial or otherwise) is
prohibited.
In consideration of your use of the Service, you agree
to:
1. Provide true, accurate, current and complete
information about yourself as prompted by the
registration form of the Service.
2. Maintain and promptly inform us to update
Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or MIDLHOST has
reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, MIDLHOST
has the right to suspend or terminate your account and
refuse any and all current or future use of the Service
(or any portion thereof).
3. When signing up for un account with MIDLHOST, each
customer agrees to submit correct and up-to-date contact
details, meaning that when introducing any changes to
this information, he/she is obliged to notify MIDLHOST
in the course of a 10-business-day period after the
changes become valid. The introduction of changes should
be done online through customer's Control Panel, not via
e-mail. This requirement is also in force for MIDLHOST -
customers will always be aware of any contact
information changes that the company places within its
website. This way, a flawless communication process
between both sides is guaranteed.
4. You will receive a password and account designation
upon completing the registration process of the Service.
You are responsible for maintaining the confidentiality
of your password and account, and you are fully
responsible for all activities that occur under your
password or account. You agree to:
- immediately notify MIDLHOST about any unauthorized use
of your password or account or any other breach of
security
- ensure that you exit from your account at the end of
each session.
MIDLHOST cannot and will not be liable for any loss or
damage arising from your failure to comply with this.
5. Any Customer in violation of system or network
security is subject to criminal and civil liability, as
well as immediate account termination. Examples include,
but are not limited to the following: Unauthorized
access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference
with service to any user, host or network including,
without limitation, e-mail bombing, flooding deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of the
header information in an e-mail or newsgroup posting.
6. Harm to MIDLHOST Servers - any attempts for doing
harm to a server or customer of MIDLHOST Services are
explicitly banned
- Acceptable Use of Services / Acceptable Access to
Services - MIDLHOST (Snapy Communications Inc.) will
immediately and resolutely react to any attempt of use
of an Internet account or computer by a MIDLHOST (Snapy
Communications Inc.) customer unauthorized by the
account or computer owner. Such attempts include
"Internet scamming" (tricking other people into
releasing their passwords and etc.), password robbery,
security hole scanning etc. It DOES NOT matter whether
the attacked account or computer belongs or not to
MIDLHOST Services, the fraud will be subject to actions
based on the very nature of the attack which could be a
warning, an account suspension or cancellation and civil
or criminal legal action.
7. CPU usage (or usage of the Central Processing
Unit(s)) on the web server Customer's account is hosted
on is subject to some regulations. That means that each
hosting account can take advantage of up to 10% of the
CPU power for no longer than 180 seconds at any given
time. MIDLHOST strongly requires that customers be very
judicious when using the CPU power for their accounts.
Otherwise, we may suspend customer accounts in cases of
registered impact on other accounts on the server or
disturbance caused to the functioning of the server. If
we do suspend an account, then its owner will be
notified of that in consistence with the situation that
this suspension may provoke. Then the account's owner
may be required to upgrade to a dedicated or
semi-dedicated web hosting solution. Possible
alternative is a required reduction in the load and
traffic that the customer's account gets. MIDLHOST
reserves the right to block files or scripts that use
CPU exceedingly and notify clients.
8. Customer agrees not to publish on or over its account
any information, software or other content, which
violates or infringes upon the rights of any others or
which knowingly contravenes the laws of any jurisdiction
in which such content is generally accessible.
9. Users are NOT allowed to send more than 1500 emails
per day per hosting account.
10. MIDLHOST does NOT allow sites that provide any
content, points of distribution, or 'links' to sites
that:
- infringe on any third party's intellectual property or
proprietary rights, or rights of publicity or privacy
- violate any law, statute, ordinance or regulation
- are defamatory, trade libelous, threatening,
unlawfully harassing, abusive, pornographic or obscene
- contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of
another's computer or property of another
- contain Pirated or Hacking / Phreaking Software
(Warez)- Any software that is copyrighted and not freely
available for distribution without cost. ROMs, ROM
Emulators and Mpeg Layer 3 files (MP3) all fall under
this jurisdiction
- have Adult Sites (content) - Any erotic or
pornographic material, links to adult sites, or
advertisements of adult sites.
CUSTOMER WEBSITE; E-COMMERCE;
CUSTOMER WARRANTIES/GUARANTIES
1. When buying an allocated space on
MIDLHOST (Snapy Communications Inc.) servers, customers
agree to be fully responsible for the development,
operation and maintenance of their web site, online
store and e-commerce activities within that space. Each
customer is in charge of all the products and services
as well as of all contents and materials appearing
online, including:
- the accuracy and relevance of Customer Content and
content and material showcased in its store or on its
products
- certainty that the Customer Content and content and
materials appearing in its store or on its products do
not violate or infringe upon the rights of any person
- certainty that the Customer Content and the content
and materials appearing in his/her store or on his/her
products are not calumnious or somehow illegal. Customer
is the only one in charge of approving, processing and
filling customer orders and of taking care of customer
requests or complaints. Customer is the one in charge of
the payment or satisfaction of any and all taxes related
to his/her web site and online store.
2. Customer bears the responsibility for ensuring the
security and confidentiality of any customer data
(including, without limitation, customer credit card
numbers) that he/she may receive in connection with
his/her web site or online store.
3. Each Customer guarantees to MIDLHOST that he/she owns
or possesses the right to use the Customer Content and
its material, including all text, graphics, sound,
music, video, programming, scripts and applets. Each
Customer warrants to MIDLHOST that the use,
reproduction, propagation and transmission of the
Customer Content and any information and materials
contained inside do not, and will not:
- infringe or abuse any copyright, patent, trademark,
trade secret or any other proprietary right of a third
party
- break any criminal laws or manifest false advertising,
unfair competition, vilification, privacy intrusion;
violate a right of publicity or violate any other law or
regulation. Each Customer empowers MIDLHOST to
reproduce, copy, use and propagate all and any part of
the Customer Content for ensuring and operating the
Services. MIDLHOST is granted the right to assess the
extent these operations need to be done.
Torturous Conduct
Any case of indecent treatment
towards a MIDLHOST employee will be considered
inappropriate. Each Customer is anticipated to conduct a
professionally mannered communication with MIDLHOST
employees regarding any requests for help through e-mail
or by means of the Ticket Desk Support System. Each
Customer should avoid applying any forms of written
emotional outburst or cursing. Any attempts of
deliberately undermining behavior will be interpreted as
a breach of this TOS.
Other acts of treatment towards MIDLHOST employees that
will be considered as unacceptable include any verbal,
oral, written or delivered by a second party threats
addressing MIDLHOST or any of its employees, partners,
equipment, and concerns. Any forms of such threats will
be interpreted as a breach of this TOS. MIDLHOST keeps
the right to assess which behaviour will be treated as a
breach of this TOS and to give no refunds to the users
whose accounts have been suspended for violating the
aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole
discretion whether any of the messages you send are
spam. For your information, spamming generally includes,
but is not limited to:
- the sending of unsolicited messages in bulk, or the
sending of unsolicited e-mails, which provoke complaints
from recipients
- the sending of junk mail
- the use of distribution lists that include people who
have not given specific permission to be included in
such a distribution process
- posting commercial ads to USENET newsgroups that do
not permit it
- posting articles containing binary encoded data to
non-binary newsgroups
- excessive and repeated posting of off-topic messages
to newsgroups
- excessive and repeated cross-posting
- e-mail harassment of another Internet Customer or
Customers, including but not limited to, transmitting
any threatening, libelous or obscene material, or
material of any nature which could be deemed to be
offensive
- the e-mailing of age-inappropriate communications or
content to anyone under the age of 18
- "Spamming" is considered as explicit misuse of ethical
principles and will be interpreted as a violation of
them
- The maximum number of allowed e-mail messages sent per
day is 1500. There are no exceptions to this rule. Every
customer who is sending more than 1500 e-mail messages
per day needs a dedicated server and cannot use a shared
hosting account.
NEWS RELEASES
Forward Looking Statements: these
refer to any predications within this website that are
not based on objective facts and express expectations
with regard to forthcoming events. Such statements
cannot be treated as reality-based because it is
possible that they happen to deviate from actual
circumstances. Forward Looking Statements can be
recognized by the availability of indicative words such
as "believes", anticipates," "plans," "may," "hopes,"
"can," "will," "expects," "is designed to," "with the
intent," "potential". However, their availability is not
a compulsory requirement for a forward-looking statement
to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
MIDLHOST (Snapy Communications Inc.)
will be in an off-liability position as regards the
failure or delay in doing its professional duties in
consequence of circumstances beyond its control. Such
circumstances could be provoked by acts of any
governmental body, war, rebellion, sabotage, embargo,
fire, flood, strike or other labor disturbance,
interruption of or delay in transportation,
unavailability of, interruption or delay in
telecommunications or third party services (including
DNS propagation), failure of third party software or
hardware or inability to obtain raw materials, supplies
or power used in or equipment needed for provisioning of
the Services.
This agreement constitutes the whole act of convention
between the parties with regard to the agreement signed
between them. It is not subject to any amendments,
modifications, or any other alterations with the
exception of changes introduced through a written
instrument that is signed by the party to be charged.
- This Agreement shall be in force and effect entirely
to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors
and assigns. - The captions and headings contained in
this TOS are aimed at facilitating the text
comprehension. They are not a part of the very
Agreement, and shall not limit or construe the provision
they refer to. - This Agreement may be executed in
counterparts, which will be considered as original.
DOMAINS
Due to special system and network
requirements of adult oriented sites, pornography and
sex-related merchandising are prohibited. Any domain
names related to or includes sexual content, or adult
content are prohibited.
The results of this violation is
to deactivate of an account in addition
forfeiture of all fees paid.
ADULT CONTENT
Due to special system and network
requirements of adult oriented sites, pornography and
sex-related merchandising are prohibited. This includes
sites that may infer sexual content, or links to adult
content elsewhere. This is also true for sites that
promote any illegal activity or content that may be
damaging to our servers or any other server on the
Internet. Links to such materials are also prohibited.
PICTURES, MUSIC AND FILMS
Immoral Pictures for girls and guys
are prohibited , Music and Films are also prohibited ,
this includes the advertisement of these music or films.
RELIGIOUS WEBSITES
The dissemination of the religious
websites or any religious dogmas are Strictly prohibited
without our approval.
TRAFFICS
We provide our customers unlimited
Data Traffic except high traffic accounts will be
upgraded to another plan with another cost.
COPYRIGHTS
Copyrighted material must not be placed on Customers'
accounts without the permission of the copyright owners
or people that are specifically authorized by the
copyright owners. Only copyright owners or people
specifically authorized by them may upload copyrighted
material to the account.
Upon our receipt of a notice of a
claimed copyright infringement containing the above
information, after confirmation we will promptly remove
the allegedly infringing material from the Services and
carry out further procedures if necessary. We will
assume no liability to any Customer of the Services for
the removal of any such material.
Please report any violations of the
Terms of Service to
[contact us via contact form]
ASSIGNMENT
Customer shall not have the right to
assign this Agreement without the written permission of
MIDLHOST. This Agreement shall be in force and effect to
the total benefit of Customer and MIDLHOST and their
successors and permitted assigns.