Terms of Service

When you use any midpulse.com services, in any form, you automatically agree to the following conditions.

We reserve the right to suspend or cancel a customer’s access to any or all services we provide when we decide that the account has been inappropriately used. Suspended accounts will not be entitled to a refund. In short:

No porn

No Spam, No Unsolicited Emailing

No Warez, Cracks, Copyright, Infringement

No Server Abuse

Unauthorized use of other people’s accounts or computers

We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Payment Policy

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time, unless other terms have been agreed upon.

Resource Usage

You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

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 16 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.

Spam (unsolicited email)

We prohibit spam (the sending of unsolicited bulk email), and will terminate any account for which the account holder has sent unsolicited bulk emails.

Lawful Purpose

We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.

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 and Amendments

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