General Terms & Conditions
Whereas, Midgard IT Ltd is an information provider offering storage and transfer services over the Internet through access to its Web Servers;
Whereas, Customer seeks to utilize Midgard IT Ltd’s Web Hosting’s servers for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Midgard IT Ltd can make no guarantee that any given reader shall be able to access Midgard IT Ltd’s server at any given time.
Midgard IT Ltd represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
Financial Arrangements
Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at sign-up.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
At the end of the contract term, the contract will automatically renew for 30 days length indefinitely until cancelled in writing or via the web panel. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
Violations of Midgard IT Ltd’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Midgard IT Ltd’s discretion, result in immediate and permanent disablement.
Disputed charges (“chargebacks”) associated with any Midgard IT Ltd account may, at Midgard IT Ltd’s discretion, result in immediate and permanent disablement.
Taxes
Midgard IT Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Midgard IT Ltd’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material Products
Customer will provide Midgard IT Ltd with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Midgard IT Ltd. Midgard IT Ltd shall make no effort to validate this information for content, correctness or usability.
Use of Midgard IT Ltd’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that they have the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Midgard IT Ltd to provide this knowledge or Customer Support outside of the defined service of Midgard IT Ltd.
Midgard IT Ltd will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
Midgard IT Ltd reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
Midgard IT Ltd reserves the right to disconnect any website or server deemed to present a security threat to Midgard IT Ltd’s customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Midgard IT Ltd is grounds for termination of all services.
Midgard IT Ltd makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Midgard IT Ltd also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Midgard IT Ltd is at the Customer’s own risk, and Midgard IT Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Midgard IT Ltd expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Midgard IT Ltd specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Midgard IT Ltd may, at its option and at any time, reject this material, including but not limited to after it has been put on Midgard IT Ltd’s Server. Midgard IT Ltd agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Midgard IT Ltd. If the Customer fails to modify the material, as directed by Midgard IT Ltd, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through Midgard IT Ltd that are ‘parked’ or are otherwise not immediately associated with a Midgard IT Ltd hosting plan will be automatically pointed to a “Web-hosting Page” web page which informs visitors that the registrant has recently registered their domain name via Midgard IT Ltd. The web hosting web page may be modified at any time by Midgard IT Ltd without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Midgard IT Ltd.
Trademarks & Copyrights
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Hardware, Equipment, & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Midgard IT Ltd. Midgard IT Ltd makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Midgard IT Ltd service.
Guaranteed Uptime
Midgard IT Ltd guarantees 99.9% uptime. This is calculated over a rolling 12 month period. Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Midgard IT Ltd systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer. Midgard IT Ltd’s assessment of downtime begins when Customer opens a support ticket to report the problem.
Midgard IT Ltd Dedicated Server
Bandwidth pricing and measurement frequency is subject to change at Midgard IT Ltd’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Midgard IT Ltd. Midgard IT Ltd is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Midgard IT Ltd, or Midgard IT Ltd’s upstream providers.
Midgard IT Ltd guarantees 99.9% uptime. This is calculated over a rolling 12 month period. Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Midgard IT Ltd systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer. Midgard IT Ltd’s assessment of downtime begins when Customer opens a support ticket to report the problem.
Customer agrees that dedicated server payments are NON-REFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Midgard IT Ltd mid-way through the term. Services will be billed on a monthly basis.
Hardware upgrades to an existing ‘platform’ (platform defined as a motherboard/chassis combination) will be performed by Midgard IT Ltd or it’s agents and shall incur an additional one-time labour fee of 150GBP as well as an increase to Customer’s standard monthly rate.
Any hands-on labour necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Midgard IT Ltd and shall incur an additional one-time labour fee of 150GBP for each incident.
Midgard IT Ltd reserves the right to alter the dedicated server packages advertised on its website at its discretion. Midgard IT Ltd is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change.
For managed servers, Midgard IT Ltd is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of packages that come installed with the server). Midgard IT Ltd may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
For unmanaged servers, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
The kernel will be patched within 7 days of any announced security hole relating to the kernel
Any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
Midgard IT Ltd is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Midgard IT Ltd reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Midgard IT Ltd’s network.
Age
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
Termination
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Midgard IT Ltd will accept termination by electronic mail. Notwithstanding the above, Midgard IT Ltd may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Midgard IT Ltd reserves the right to charge a reinstatement fee.
Limited Liability
Customer expressly agrees that use of Midgard IT Ltd’s Server is at Customer’s sole risk. Neither Midgard IT Ltd, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Midgard IT Ltd’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Midgard IT Ltd Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Midgard IT Ltd, its offices, agents or anyone else involved in creating, producing or distributing Midgard IT Ltd’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Midgard IT Ltd Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Midgard IT Ltd’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Midgard IT Ltd’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Midgard IT Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, (“Liabilities”) asserted against Midgard IT Ltd, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Midgard IT Ltd against Liabilities arising out of
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Midgard IT Ltd’s Server;
- Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement;
- Any defective product which Customer sold on Midgard IT Ltd Server.
Other Agreements
Customer agrees to abide by the terms set forth in this document as well as other Midgard IT Ltd policy documents including, but not limited to:
General Acceptable Use Policy
PROHIBITED CONTENT AND ACTIVITIES
The following statements pertain to all products and services offered by Midgard IT Ltd:
Illegal Activity
Customer may only use Midgard IT Ltd’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Midgard IT Ltd’s Server. Also, using Midgard IT Ltd’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Hacking
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Midgard IT Ltd’s computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.
Service Interruptions
Any activity which causes service interruptions to either Midgard IT Ltd’s network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous Proxies
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on Midgard IT Ltd’s network and servers.
Spamming
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or UseNet postings (spam), or to use Midgard IT Ltd’s Servers for relaying unsolicited e-mail or UseNet postings, or to use unsolicited e-mail or UseNet postings to advertise for their site hosted at Midgard IT Ltd. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
Blacklisting
You agree that if the Midgard IT Ltd IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and Midgard IT Ltd may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
Spoofing/Impersonation
Usage of the Midgard IT Ltd network to impersonate another person or entity be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Spam indexing
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spam indexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against Midgard IT Ltd’s network or website, or Midgard IT Ltd’s employees, officers or other agents, including engaging in behaviour that results in any server being the target of a denial of service attack (DoS).
Personal Backups
With the exception of Midgard IT Ltd Dedicated Server products, the customer agrees to make use of Midgard IT Ltd servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Midgard IT Ltd servers are not intended as a data backup or archiving service. Midgard IT Ltd reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.
Shared Hosting Addendum
The following statements pertain exclusively to shared web hosting products and services offered by Midgard IT Ltd.
PROHIBITED CONTENT AND ACTIVITIES
Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
Abusive Scripts/Processes
Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
IRC Bots/Bouncers
All IRC bots and “bouncers” (bnc, etc) are forbidden.
BitTorrent software
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on Midgard IT Ltd Shared Hosting services.
Proxy Software
All proxy software, anonymous or otherwise, is forbidden on Midgard IT Ltd Shared
Hosting services.
Network Daemons
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.
Anti-Spam Policy
In the past several years, the Internet has exploded with commercial activity. The breaking down of barriers between businesses and consumers has been facilitated by the rapid development of new technology, removal of ‘middlemen’, and tax rates favourable to on-line entrepreneurship.
We at Midgard IT Ltd are proud to support responsible commerce on the Internet – this is represented in our service offerings and unparalleled support. However, it has become apparent that the same environment that has helped this trend take off has also contributed to numerous cases of fraud and abuse of network resources.
In particular, “spam” has proven to be a major problem for many of our customers and the Internet at large. Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guest-books, Usenet newsgroups, or chat rooms.
Spam is strictly against our Terms of Service, and will result in the immediate disablement without refund of any customers who are found to have used spam in conjunction with their Midgard IT Ltd account.
The following policy dictates in specific terms what is considered acceptable use of bulk email/messaging by Midgard IT Ltd:
Subscriptions
Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber’s email address. This mailing must contain a URL to the site’s privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.
Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the confirmation. The user must be able to present this information at Midgard IT Ltd’s request.
The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to the site’s Privacy Policy. It must be made reasonably clear how a user’s email address will be used and in what circumstances it will be shared.
Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
The privacy policy is prominently linked to from the page the subscriber signed up from.
The privacy policy has not changed substantially since the user signed up.
Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
Lists procured from outside parties must have been consistently handled in a manner comparable to Midgard IT Ltd policies.
Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
All subscriptions must be re-confirmed in the manner described in Subscriptions (Section 1) before being sent bulk email messages.
Mailing Practices
Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using Midgard IT Ltd’s own bulk mailing list tools.
All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.
Spamware
It is strictly prohibited in conjunction with your Midgard IT Ltd account to sell software designed specifically to facilitate the practice of spamming.
Other
Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group’s charter.
Disablement
Midgard IT Ltd reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.
Customers must substantially address all spam related inquiries by Midgard IT Ltd personnel within 72 hours. Failure to respond within a reasonable period of time may result in the disablement of the user’s account.
By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce on-line. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information?
All of the terms and restrictions mentioned above also apply to any account and its respective uses.
Unlimited Policy
What do you mean “Unlimited”?
What we mean is, you don’t have to worry about disk storage or network transfer when your site gets popular.
You DO still have to worry about plenty of other things though… if your site isn’t well optimized and is causing issues for others on your shared server (either because it’s pounding the CPU, hogging RAM, or doing tons of disk I/O), you may be asked to sign up for your own Midgard IT Ltd Private Server.
Trust us, every host out there has exactly the same limitations… we’re just trying to be up front about them!
What about databases?
You’re certainly allowed an unlimited number of MySQL databases, but in the interest of server stability we request that you try to keep them optimized and no larger than a few GB in size.
What’s not allowed in “Unlimited”?
Basically, sites whose essential purpose is to use disk or bandwidth. When making a website, you should be thinking about “How can I make an interesting site for my visitors while minimizing my server storage, bandwidth, file system, memory, and CPU impact as much as possible?”
The result will be a better experience for your visitors, your web host, and yourself!
Here are some specific examples of things not allowed:
Copyrighted content to which you do not hold usage or distribution rights.
File upload / sharing / archive / backup / mirroring / distribution sites.
A site created primarily to drive traffic to another site.
Making your account resources available to the general public.
Hey, that doesn’t sound very “Unlimited” to me!
Actually, for you, my dear Legitimate Website Owner, it is unlimited.
This whole page is just to announce to the <.1% of people who want to try and run free porn affiliate sites or animé video trading forums or host pirated rips of The Dark Knight on Midgard IT Ltd that we’re not having any.
But our pledge to you is to do our best to always keep your website, with the content you created, UP
Customer also agrees to abide by all applicable Terms set forth by all Midgard IT Ltd partners and subsidiaries.
Contract RevisionsWebsite & Cloud
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Transfer
Customer may not transfer this contract without the written consent of Midgard IT Ltd.
Contract
These Terms and Conditions constitute the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
