You should be aware that by signing up for an account with MIDHOST.NET, 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 MIDHOST.NET 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.
MIDHOST.NET shall provide its Services to You (the Customer) under the Terms and conditions of this MIDHOST.NET Customer Agreement. The Agreement is intended to keep the integrity of both MIDHOST.NET 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 MIDHOST.NET 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 MIDHOST.NET assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
These programs, named cron jobs, can be continuingly run by MIDHOST.NET in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, MIDHOST.NET (Snapy Communications Inc.) avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional MIDHOST.NET 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. MIDHOST.NET (Snapy Communications Inc.) ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. MIDHOST.NET REJECTS ANY IMPLIED WARRANTIES. ANY OF MIDHOST.NET'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 MIDHOST.NET (Snapy Communications Inc.), INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
MIDHOST.NET will guarantee 99.9%
MIDHOST.NET network uptime and 99.9% network stability
uptime. MIDHOST.NET 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, MIDHOST.NET is not responsible for the
downtime)
- Failures due to software that is not explicitly
supported by MIDHOST.NET. Consequently, if a hardware
crash provoked by the customer happens, MIDHOST.NET (Snapy Communications Inc.) is beyond the control and responsibility for the resulting downtime.
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 MIDHOST.NET Service representative regarding any inquiries over the matter.
2. If any of MIDHOST.NET Services are
used for the illegal purpose of SPAM or UCE, then they
will be instantaneously terminated.
Unauthorized Access. MIDHOST.NET (Snapy Communications
Inc.) expressly bans the use of any MIDHOST.NET (Snapy
Communications Inc.) hardware or software hosted on a
The server for trying to illegally access another hosted
machine or network.
3. Using MIDHOST.NET (Snapy
Communications Inc.) temporary URL - supremeserver.com
is not defined as a bandwidth stealing. However,
customers are advised to use it temporarily and MIDHOST.NET does not bear the responsibility, if we change it
afterwards - traffic processing there is not
recommendable. It is not recommendable to use MIDHOST.NET 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. MIDHOST.NET reserves
the right to introduce certain changes to the packages
(in the shape of complementary services) to the benefit
of customers.
1. MIDHOST.NET (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 MIDHOST.NET, customers
agree to AUP (this document) and the specified Terms &
Conditions in this document. Thus, MIDHOST.NET (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 MIDHOST.NET (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. MIDHOST.NET (Snapy Communications Inc.) will charge
customers with fees based on the fee structure at the
time of the sign-up process. MIDHOST.NET 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 MIDHOST.NET may differ from
the pricing and features of the customer's account.
3. When signing up for an account with MIDHOST.NET, the
customer agrees to pay for the period of one year (365
days). MIDHOST.NET 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 MIDHOST.NET (Snapy
Communications Inc.) will be subject to collections and
legal action. He/she will be charged $29.00, because
when signing up with MIDHOST.NET, customers accept these
terms and conditions, thus agreeing to observe them
strictly
WARRANTIES AND REPRESENTATIONS
MIDHOST.NET 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 MIDHOST.NET confronts with service interruption issues.
As a condition of your use of the
MIDHOST.NET Services, you will not use the MIDHOST.NET 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 MIDHOST.NET Services, other accounts, computer systems or networks
connected to any MIDHOST.NET 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 MIDHOST.NET Services.
MIDHOST.NET reserves the right at all times to disclose any
information as MIDHOST.NET 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 MIDHOST.NET.
MIDHOST.NET (Snapy Communications Inc.) is within the
capacity to refuse service to unlawful parties. MIDHOST.NET (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, MIDHOST.NET (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.
MIDHOST.NET (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. MIDHOST.NET (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.
You agree that MIDHOST.NET, 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.
MIDHOST.NET 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 MIDHOST.NET and liable for reasonable interest and collection fees.
You are solely responsible for the
content of your messages. Using the MIDHOST.NET 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 MIDHOST.NET has
reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, MIDHOST.NET 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 MIDHOST.NET, 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 MIDHOST.NET 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 MIDHOST.NET -
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 MIDHOST.NET 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.
MIDHOST.NET 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 MIDHOST.NET Servers - any attempts for doing
harm to a server or customer of MIDHOST.NET Services are
explicitly banned
- Acceptable Use of Services / Acceptable Access to
Services - MIDHOST.NET (Snapy Communications Inc.) will
immediately and resolutely react to any attempt of use
of an Internet account or computer by a MIDHOST.NET (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
MIDHOST.NET 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. MIDHOST.NET 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. MIDHOST.NET 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. MIDHOST.NET 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.
1. When buying an allocated space on
MIDHOST.NET (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 MIDHOST.NET 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 MIDHOST.NET 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 MIDHOST.NET to
reproduce, copy, use and propagate all and any part of
the Customer Content for ensuring and operating the
Services. MIDHOST.NET is granted the right to assess the
extent these operations need to be done.
Any case of indecent treatment
towards a MIDHOST.NET employee will be considered
inappropriate. Each Customer is anticipated to conduct a
professionally mannered communication with MIDHOST.NET 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 MIDHOST.NET employees that
will be considered as unacceptable include any verbal,
oral, written or delivered by a second party threats
addressing MIDHOST.NET or any of its employees, partners,
equipment, and concerns. Any forms of such threats will
be interpreted as a breach of this TOS. MIDHOST.NET 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.
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.
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.
MIDHOST.NET (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.
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.
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.
Immoral Pictures for girls and guys are prohibited , Music and Films are also prohibited , this includes the advertisement of these music or films.
The dissemination of the religious websites or any religious dogmas are Strictly prohibited without our approval.
We provide our customers unlimited Data Traffic except high traffic accounts will be upgraded to another plan with another cost.
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]
Customer shall not have the right to assign this Agreement without the written permission of MIDHOST.NET. This Agreement shall be in force and effect to the total benefit of Customer and MIDHOST.NET and their successors and permitted assigns.