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Terms of Service
Terms of Use
Upon signing up for Middle Path Online, all customers agree to comply with Middle Path Online Terms of Use. The spirit of this policy is to
ensure our customers are using Middle Path Online services with due regard to the rights of other Internet users and in conformity with
the requirements of Middle Path Online network environment.
Illegal Use
Middle Path Online 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; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult Content
Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote
hate against any group, sites of such nature will be removed immediately and you will not be refunded. This is also true for sites that promote
any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Security
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, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources over their alloted limits) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan.
CGI Scripts
CGI script sharing with domains not hosted by Middle Path Online is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Chat Rooms
Middle Path Online does not allow customers to install their own chat rooms not supplied as part of the package they lease from Middle Path Online. Some Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
Background Running Programs and Cron Jobs
Middle Path Online will allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Middle Path Online at support@Techark.com so that we can arrange set-up.
IRC
Middle Path Online does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a Middle Path Online server or using an email address that is maintained on a Middle Path Online machine is STRICTLY prohibited. Middle Path Online will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Middle Path Online server. Violators will be assessed a minimum fine of $500.00 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a Middle Path Online server or customer are strictly prohibited.
Databases
Any database stored on Middle Path Online servers shall be limited in size to 50% of the total disk space allotted for that particular domain's plan/web hosting account.
Actions Taken by Middle Path Online
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Middle Path Online will be the sole arbiter as to what constitutes a violation of the Terms of Use. Middle Path Online reserves the right to remove any account without prior notice.
When Middle Path Online becomes aware of an alleged violation of its Terms of Use, Middle Path Online will initiate an investigation. During the investigation, Middle Path Online may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Middle Path Online 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 offence, Middle Path Online will notify the appropriate law enforcement authorities of such violation.
Middle Path Online does not issue credits
for outages incurred through service disablement resulting from Terms of Use violations.
Middle Path Online customers agree to
indemnify and hold harmless Middle Path Online from any claims resulting from the use of our services that damages them or any other party. The Middle Path Online service is provided on an as is, as available basis. Middle Path Online expressly disclaims any representation or warranty that the Middle Path Online service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and Middle Path Online's promised up time. No oral advice or written information given by Middle Path Online, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Middle Path Online and its partners 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
Middle Path Online reserves the right to add, delete, or modify any provision of its Terms of Use at any time with written notice either direct or posted for 30 days in advance to our user forum.
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