Midco2000 Usage Policy and Agreement
In order to provide a high class, professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but are necessary to assure a safe, functional, and trusted environment for our customers to publish their information on the Web.
Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.
Client Directories When ordering any service from Midco2000.com, Customer agrees to be listed in Midco2000.com or any Provider Directories.
These exclusive grant of rights to use of your company/name and image descriptive links, to your website. Midco2000.com and its owners disclaim any liability to claims of infringement, copyright or patents concerning these listings.
We consider this to be a form of free advertisement for you. These rights will continue indefinitely at our discretion.
Web and FTP Site Content Policies
We do not allow any of the following content to be published on a MServer System:
Content of a pornographic, sexually explicit, or adult nature
Content of an illegal nature (including stolen copyrighted material)
Pirated software sites
Gambling related sites
Hate sites or content that could be reasonably considered as slanderous or libelous
Content that is questionable regarding any of the above criteria will be decided upon by a Midco2000 representative.
Users posting any of the above content on their sites will have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by Midco2000 and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.
Email Usage Policies
Midco2000 does not support unsolicited email messages sent by users of our system (also known as junk email or SPAM). Users sending unsolicited email messages from our system or posting SPAM in Usenet Newgroups will have all of their services temporarily suspended. They will then be contacted by Midco2000 and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees
Customers who use our systems to engage in illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
Right To Refuse Service
Midco2000 reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system.
Midco2000 User Agreement
If you have questions or comments regarding our usage policies, please email us at email@example.com.
Please read this agreement in its entirety AND
Respond Via Email with 'I Agree' or 'I Don't Agree' at the bottom. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.
This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by Midco2000.com. ('Provider').
Client agrees to receive access to the Virtual Server services according to the following terms and conditions:
Selection of Service Plan.
Client will select one of the service plans offered by Provider, and agrees to receive services according to the service plan selected.
Payment for Services.
Client will pay for services provided under this Agreement
by cash, check, money order, invoice billing, or credit card
if authorization accepted by Provider. When initiating
service, Client will be charged the published setup fee for
the service plan selected, as well as a pro rated partial
month charge according to the service plan for the number
of days remaining in the calendar month from the time of
initiation of service until the end of the month in which
service is initiated. On or about the first day of every
month thereafter, Client will be invoiced for monthly payment for services according to Provider's published schedule. If this Agreement is terminated on some day other than the last day of the month, Client will be obligated to pay for only the pro rata portion of the monthly service plan charge for the month in which the service is terminated.
This Agreement may be terminated by Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the nondefaulting party may also immediately terminate the Agreement without prior notice to the other party.
Compliance with Law.
Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers.
Prohibition of Publication of Certain Material.
Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
(e) Any abuse of shell account privileges including but not limited to:
Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.
Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
Running eggdrop or any other IRC bot which is connected to a remote IRC server.
Any violation of the above conditions will result in termination of Client's account.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Security features may be requested for content to provide a no right click environment, Provider assumes absolutely no liability for any access to client content. Request for this security can be used as a theft deterrent only.
DISCLAIMER OF WARRANTIES.
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability.
Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
Provider does not guarantee the availability of the domain name that you want, even if the domain name appears to be available at the time of your registration request. As we rely on a second party to fulfill these registrations, Provider cannot be held responsible for this process. The domain name that you register is not finalized until you receive a bill from the Provider telling you the domain name is registered.
Provider assumes no responsibility or liability for the successful acceptance and/or registration of your proposed domain name registration.
Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider.
Resale of Provider's Service.
If Client acts as a 'reseller' of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services.
This Agreement shall be governed by the laws of the State of New Jersey. Venue for any action hereunder shall be in Salem County, New Jersey.
Relationship of the Parties.
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Provider is not responsible for the security of any IP address.
Midco2000.com reserves the right to change the content of our Site at any time, with no notice given to previous, current or prospective customers. Current content is enforced content. Provider may enforce or override current content at their discretion. Users and customers must accept that consistant changes are required on our site and they will adhere to most recent form of content.
In order to discontinue service, Client must follow the simple cancellation procedure which can be found at Cancellation Procedure
If you are ordering new service, please click to verify you have read and agree to these policies.
["I Don't Agree"]