Terms of Service
This Web Hosting Agreement is made between MIDesignz and the person (individual or legal person) that creates an account with MIDesignz and signs the order form. This agreement governs the use of MIDesignz’s services by the customer. By ordering from MIDesignz and accepting these terms, you are bound to this agreement for as long as your account remains active.
VIOLATION OF THIS AGREEMENT
In the case that the customer has violated this agreement, the account belonging to the customer will be immediately terminated upon the discretion of MIDesignz and the refund policy/money back guarantee will automatically be void for the offending customer. In the case that sections of this agreement are disputable, MIDesignz reserves the right to decide what is and what is not a violation of this agreement.
DELIVERY OF SERVICES
Shared Hosting, Reseller Hosting, and Virtual Private Server accounts are instantly activated upon payment. After successful payment you will receive an automated receipt from our billing system. You are responsible for keeping this in a safe place for future reference. Information regarding your service will be sent to the email specified in your account registration.
USAGE OF SERVICES
Usage of MIDesignz’s hosting services may only be used for lawful purposes only. The laws of the United States and the individual state of Illinois apply.
THE FOLLOWING ARE NOT ALLOWED TO BE HOSTED ON MIDesignz SERVERS:
Copyrighted Material that does not belong to you
File Hosting Sites
Hacking community websites or any website promoting the act of hacking or phishing
Programs with the ability to launch DDoS attacks such as variations of LOIC or HOIC
Warez or Warez Linking
Scamming or Fake Websites
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE ANY WEBSITE THAT IS HOSTING ANY OF THE ABOVE CONTENT WITHOUT NOTIFICATION AND WITHOUT ANY BACKUPS PROVIDED.
THE FOLLOWING ARE EXAMPLES OF UNACCEPTABLE USAGE:
Using the service to operate server programs
Attempting to interfere or deny service to any user or host on the Internet.
Using the service for mail bombing or spamming
Using the service to operate a program that you are not authorized to use
Using the service for video encoding
Attempting to cancel, supersede, or otherwise interfere with any email other than your own
Using the service to engage in syn flood attacks
Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information
If in the case a spam complaint is received by MIDesignz, we reserve the right to bill you for $200.00 per incident in addition to suspending or terminating your account without notice if the incident is deemed to us to be deliberate.
BACKUP & PERSONAL STORAGE
MIDesignz permits the use of all allocated disk space for backup storage and personal storage as long as the content is legal and the user uploading the content to their account has permission and full rights to use it. Users may NOT run any file hosting/sharing services; doing so will result in immediate termination of your account with or without notice.
USERS MAY NOT:
Use 10% or more of CPU resources for longer then 60 seconds.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. (Applies to Shared & Reseller Hosting Services)
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run cron entries with intervals of less than 15 minutes
PROXIES & VIRTUAL PRIVATE NETWORKS
Proxies and VPNs may be hosted on MIDesignz servers, however public proxies and public VPNs may only be hosted with the consent and approval of MIDesignz’s management staff.
SERVICE LEVEL AGREEMENT (SLA)
MIDesignz agrees to maintain a service level agreement network uptime of 100%. If the server uptime ever falls below this, customers may request compensation for the downtime. In the case that the server was unavailable due to DDoS attacks, it does not count towards the Service Level Agreement.
Only registered clients who currently have active services with us may participate in our Affiliate Program. Affiliates must not mask, hide, or modify the affiliate link provided; it must be used as it is. Affiliates will earn 10% of every sale they refer and may collect their earnings after their affiliate balance reaches $50.00. MIDesignz reserves the right to revoke the affiliate status of any individual at our sole discretion.
If you are not satisfied with our services, you may choose to contact our support department or administration in which they will attempt at their best effort to correct any situation(s) you may have. If the problem still cannot be fixed, you may be eligible to a refund within 45 days of your original purchase.
The following are exceptions to the refund policy:
Software Licenses including cPanel, WHMCS, ClientExec, LiteSpeed, etc.
Funds deposited into your account
FREEBIES REFUND POLICY
In the case that a customer requests a refund, the retail prices of the freebies that they have claimed will be deducted from their refund. Freebies include: WHMCS Licenses, ClientExec Licenses, PositiveSSL Certificates.
Clients must give at least 7 days prior notice when requesting cancellation of a product/service otherwise the service will automatically be renewed and the invoice will remain due. In respect of the refund policy, the cancellation policy does not apply to products/services that have been active for less than 45 days. If in the case that you create a PayPal dispute over a payment without our consent, we reserve the right to fight against the dispute, as well as provide you with no refund and charge you a $75.00 administrative fee. We are an honest company; if your service is eligible to receive a refund under our 45 day money back guarantee, you will receive a refund upon request via a ticket to our billing department.
MIDesignz will not charge any standard overage fees on disk space and bandwidth, however if you go over your monthly limit, your account will automatically be upgraded to the next plan and you will be invoiced that cost of that plan for your next invoice.
Failure to pay invoices on time for your plans will result in the immediate termination of your account on the discretion of our billing team. If in the case that you have a late or cancelled invoice (as a result of being left unpaid for more than a week) and you wish to continue your hosting services, we reserve the right to charge a $20.00 reconnect fee.
Citizens of these following countries are not allowed to order our services: Iran, North Korea, Cuba, Sudan, Syra.
Only one promotional code may be used per customer per order. If the order value is lower than the value of the coupon, the remaining value is automatically lost.
REFUSAL OF SERVICE
MIDesignz reserves the right to refuse service to any individual for any reason that we sees fit. If in the case that we deem that your business is to be refused and your account terminated, you will receive a pro-rated refund in the assumption that you have not violated our Terms of Service
BACKUP SERVICES & BACKUPS
Our backup services are provided as a courtesy and should not be solely relied upon. MIDesignz is not responsible for data loss. In the event of data loss, clients are responsible for manually taking and maintaining their own backups.
Resellers are responsible for the actions of their clients. Resellers may not host or encourage clients that abuse our server and MUST enforce our policies. In addition, resellers are not allowed to advertise on the following websites: HackForums.net, HackSociety.net
In the event that an abuse complaint is sent to a reseller and no action is taken within a reasonable timeframe, we reserve the right to take action on your behalf.
RESELLERS ARE RESPONSIBLE FOR ENFORCING OUR POLICIES IN THEIR TERMS OF SERVICE (VISUAL TO THE PUBLIC).
Resellers are NOT allowed to provide/advertise free web hosting for ANY reason unless it is for a registered non-profit 503(c)(3) organization in the United States or if it is for a personal friend or family member.
RESELLERS THAT FAIL TO ABIDE BY OUR RESELLER RESPONSIBILITIES POLICY MAY HAVE THEIR ACCOUNT AND ALL OF THEIR ACCOUNTS UNDER THEIR RESELLER ACCOUNT SUSPENDED OR TERMINATED AT THE DISCRETION OF OUR ABUSE TEAM.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
MIDesignz is not responsible for providing support for the software licenses that we issue unless stated otherwise. This includes software licenses such as WHMCS, ClientExec, cPremote, etc. If in the case that we receive a support ticket requesting support for these softwares, we will provide our best effort support however we reserve the right to instruct you to contact the appropriate company in which the software originates from.
Account transfers, provided as a courtesy, are absolutely free of charge as long as a cPanel backup is provided to us. For other control panels such as DirectAdmin, Webmin, and Plesk, a one time fee may be charged based on the complexity of the transfer.
The staff here at MIDesignz work hard to provide kind and courteous services to its customers. Clients may not verbally abuse our staff in forms of harrassment, threats, blackmailing, or bribing by yelling, shouting, or swearing. Any abuse to our staff will result in your account being permanently terminated. In addition, clients are not allowed to abuse our support departments by deliberately submitting tickets or responses to the wrong department in order to get a faster response. Doing so may result in all tickets submitted by the offending client to be treated as low priority.
LIMITATION OF LIABILITY
You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by MIDesignz, neither MIDesignz nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. MIDesignz neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on MIDesignz equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless MIDesignz and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You shall also indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the services.
AMENDMENTS TO THE TERMS OF SERVICE
MIDesignz reserves the right to revise this agreement at any time with or without notice. The customer’s continued use of services provided by MIDesignz will be deemed consent to the policies aforementioned in the Terms of Service.