Midimutt Productions Hosting Policies

TERMS OF SERVICE

PRIVACY
Midimutt Productions will not sell, distribute, reveal, or otherwise make available any customer information. Should we need to contact you directly regarding your specific account or service we will do so via email only.

Satisfaction Guarantee
If for any reason you are unhappy with the services you receive from Midimutt Productions during the first 30 days of service, you may request via our Cancellation Form that your services be discontinued at which time you will receive a full refund.

PAYMENTS
When you subscribe to our services, you are subscribing to a pre-paid service. We accept personal checks or payment through 2Checkout. 2CheckOut.com Inc. (Ohio, USA) is an authorized retailer for
goods and services provided by Midimutt Productions. All hosting and maintenance plans renew automatically. Accounts 7 days past due will be subject to suspension. Accounts 30 days past due will be deleted. In the event that your charge is denied or your payment is not received by the due date, your account will be subject to suspension. Please address any questions regarding payment to billing@midimutt.net.

CANCELLATIONS
If you wish to cancel your services, please complete this cancellation form located here:
Midimutt Productions Hosting Cancellation Form

Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated with us, so that we may contact you if your account reaches certain limits determined solely by our system (i.e.. bandwidth exceedment warning at 80%).

Refunds/Account Termination
If, for any reason, Midimutt Productions fails to deliver said services, a pro-rated refund will be issued. No refunds will be issued if abuse of our stated policies forces Midimutt Productions to suspend or terminate your services prematurely.
In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after 30 days.

CONTENT
Midimutt Productions believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate termination of service: racism or prejudice due to color, creed, or belief; profanity or obscene language towards anyone but yourself; any content not suitable for minors. We prefer that you self-govern your content and are responsible as to what your website provides. We do not have the resources and time needed to monitor our clients websites which have growing and evolving content. However, if Midimutt Productions is made aware of any questionable content on a Midimutt Productions hosted site, we will address the concerns directly with you and seek an amiable resolution.

UCE, UBE, SPAM
Midimutt Productions has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". Spam is the act of sending unsolicited email. You will be cited with UCE/UBE abuse if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. If your Midimutt Productions hosted site is referenced in any way within such an email, then you will be cited for UCE/UBE. Upon confirmation of abuse, any Midimutt Productions customer engaging in this practice will have their service suspended and terminated immediately without refund.

Acceptable Use Policy (AUP)

Midimutt Productions is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. Midimutt Productions will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact webmaster@midimutt.net

ILLEGAL USAGE
Midimutt Productions servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Midimutt Productions hosting service agrees to indemnify and hold harmless Midimutt Productions from any claims resulting from the use of the service that damages the subscriber or any other party. Midimutt Productions will be the sole arbiter as to what constitutes a violation of this provision.

ILLEGAL CONTENT
Midimutt Productions does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $50 USD. When using an account with shell, you are not allowed to run ANY services on the Midimutt Productions shared network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. Midimutt Productions reserves the right to terminate an account for these activities also.

SOFTWARE DISTRIBUTION
Midimutt Productions web hosting accounts are not to be used for the purposes of distributing software and multimedia products.

FILE USAGE & STORAGE
Midimutt Productions Hosting web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting company, not a remote file storage company. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

IRC
Midimutt Productions Hosting does not allow IRC or IRC bots to be operated on our shared servers.

SECURITY
Users are prohibited from violating or attempting to violate the security of the Midimutt Productions shared Network. Violations of system or network security may result in civil or criminal liability. Midimutt Productions will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such user is not entitled,
6) Attempting to couple hosting packages together to take advantage of massive space or bandwidth allocations.
Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. Midimutt Productions will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. 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, 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 email or a newsgroup posting.

SERVER ABUSE
Any attempts to undermine or cause harm to a Midimutt Productions shared server or customer of Midimutt Productions is strictly prohibited. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

CLIENT RESPONSIBILITY
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Midimutt Productions hosting 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 the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Midimutt Productions to provide this knowledge or support outside matter specific to Midimutt Productions shared servers.

BACKUPS
Midimutt Productions takes steps to maintain system integrity. However, Midimutt Productions shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, Midimutt Productions recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All Midimutt Productions data backups are designed against hardware failure not customer user error.

ACTIONS TAKEN
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Midimutt Productions Hosting will be the sole arbiter as to what constitutes a violation of the AUP. Midimutt Productions reserves the right to remove any account without prior notice.

When Midimutt Productions becomes aware of an alleged violation of its AUP, Midimutt Productions Hosting will initiate an investigation. During the investigation, Midimutt Productions may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Midimutt Productions may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Midimutt Productions will notify the appropriate law enforcement authorities of such violation.

Midimutt Productions does not issue credits for outages incurred through service disablement resulting from AUP violations.

Midimutt Productions customers agree to indemnify and hold harmless Midimutt Productions from any claims resulting from the use of our services that damages them or any other party. The Midimutt Productions hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Midimutt Productions expressly disclaims any representation or warranty that the Midimutt Productions service will be error-free, secure or uninterrupted. No oral advice or written information given by Midimutt Productions, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Midimutt Productions and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

MODIFICATION
Midimutt Productions reserves the right to add, delete, or modify any provision of this policy at any time without notice.

REFUSAL OF SERVICE
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

SERVICE LEVEL AGREEMENT (SLA)

COVERAGE
This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with Midimutt Productions.

SERVICE LEVEL
99.5% Uptime Guarantee: Midimutt Productions endeavors to have network connectivity available for http access by third parties 99.5% of the time ("web site availability").

CREDITS
Midimutt Productions will credit the monthly service charge for the service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month.

Web site availability credit:
95% to 99.4% = 50%
94.9% or below = 100%

Click here to monitor web server performance

To obtain refunds, send email to billing@midimutt.net

RESTRICTIONS
Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond Midimutt Productions reasonable control, including, without limitation, acts of any governmental body, war, insurrection, 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 provision of your Web Site.

LIMITATIONS
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Midimutt Productions. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized by Midimutt Productions, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.
 

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