Terms of Service

The use of services from Midpulse, constitutes an agreement to these terms.

Account Setup
Our system is setup to automatically create an account after the payment of that account is received. Once this is done, an Account Information email will be automatically sent out to the email address you provided us with. Please note, that we do have a fraud check in place. If our fraud check labels your order as fraud, your account will not automatically be setup. If you do not receive an Account Information email, your order might have been labeled as fraud. Please check your spam folder for the email. If you still have not received it within 10 minutes of your payment, please contact our Customer Service Department, we will help you resolve the issue.

Transfers
If you request us to do so within 30 days of your hosting account order, we will transfer your website from your existing host, to our servers. Please keep in mind that our servers utilize cPanel, and we require that your old hosts servers uses cPanel as well.

We will make every effort to provide you with a free transfer from your old host, but please keep in mind that this transfer is a courtesy service. We can not make any guarantees that the transfer will go through successfully. Each web hosting company is configured differently, and several factors can come into play that will make the transfer difficult, and even impossible to complete.

Email on file
We require that you keep an email address, in which you actively check, in our billing and support system profile. This email address should not be hosted on your account with us. If we suspend your account, we need that email address to still be active, in order to resolve the suspension and any other arising issues with you.

Content
All services provided by us may only be used for lawful purposes.

Using your hosting account(s) with us as a backup storage is prohibited.

In addition, you may not use our servers for the following:

Proxy Scripts
IP Scanners
Bruteforce Programs, Scripts, or Applications
Mail Bombers or Spam Scripts
Warez, Pirated, or Illegal content
Distribution of Warez, Pirated, or Illegal content
Fraudulent Sites
Sites promoting illegal activites

Spam
You may not use our servers to send unsolicited e-mail and spam.

Payment
All accounts are set up on a pre-pay basis. Invoices are generated 7 days before their due date. Hosting accounts are suspended 5 days after unpaid invoices are due. If an invoice reaches 30 days after the due date, without a payment, the service is automatically terminated.

Backups/Data Loss
Backups are usually taken, daily, for each hosting account. These backups are for administration purposes only. Although we may try to restore requested backups for customers, it is the customers responsibility to prepare their own backups.

Cancellation
Customers may cancel their hosting plan with us at any time, for any reason. For security reasons, we require you to fill out a cancellation request. To do so, login to our Billing and Support system. Then, go to:

https://www.midpulse.com/support/clientarea.php?action=products

Click the product you wish to cancel. Finally, click Request Cancellation and fill out the form. Cancelling your account on the day of or after renewal fees does not exempt you from payment owed on that invoice.

Refunds
We offer a one-time 30-day money-back-guarantee. We will refund you, in full, for the hosting account, prior to you filling out a cancellation request within 30 days after your order. To receive the refund, you must open a ticket with our Customer Service Department and request it. We limit each customer to one refund.

Refunds are issued, only for hosting plans. Addon and domain expenses are not included in the refund. For example, some of our plans may offer free domains. Although the domain is free for you, we still have domain expenses for that domain. These domain expenses will be subtracted from the refund.

If we have to notify you for not following what is stated in these terms of service, we have the right to deny you of any refund.

Staff Abuse
We will treat you with a high level of respect and courtesy. In return, we expect you to do the same with us. We reserve the right to immediately discontinue service with any customer that we consider to have abused our staff. The following is considered staff abuse, and will be treated as such:

Addressing our staff in a demeaning or ruder manner;
Using profanity;
Purposefully providing false information to our staff for the purpose of harassing or wasting our time.

Resource Usage
(New)Custom Shared Plans
Resource limits are chosen by the custom upon order. These limits can be upgraded/downgraded by the customer.

(Old)Budget Plans:
Users may not use more than 2% CPU daily, 3% memory daily, run more than 10 simultaneous processes, allow any process to run for longer than 30 seconds CPU time, run any process that consumes more than 20% of available CPU at any time, or run any process that consumes more than 32 MB of memory. Databases are limited to 24 max user connections with a max query time of 8 seconds. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 or greater.

(Old)Advanced Plans
Users may not use more than 3% CPU daily, 3% memory daily, run more than 25 simultaneous processes, allow any process to run for longer than 60 seconds CPU time, run any process that consumes more than 35% of available CPU at any time, or run any process that consumes more than 64 MB of memory.

All Plans
Databases are limited to 24 max user connections with a max query time of 10 seconds. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 minutes or greater.

Email Limits
Customers may not send over 400 emails per hour, per domain.

Uptime Guarantee
We guarantee a 99.9% uptime. During any month, if we are not able to ensure that amount of uptime on your server, you may request a months worth of credit on your plan. Scheduled maintenance that will be announced to you ahead of time, does not apply to a servers uptime.

Price Change
We reserve the right to change prices, unless other terms have been agreed upon, but all pricing is guaranteed for the term of pre-payment. This means that if you pre-paid for one year at a certain price, we cannot change that price until the term of your pre-payment is up.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.

Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees.

Changes to the ToS
We reserve the right to amend and/or change these Terms and Conditions without notice.