Terms of Service

Midphase Terms and Conditions of Use

Our terms of service are designed to be read by the average Joe, not by some high-priced lawyer. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between Midphase and you. If you have any questions about what you see on this page, please feel free to contact us at support@midphase.com or 866-MIDPHASE.

The Services We Provide

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "Midphase" or "us" or "we" refers to Hosting Services, Inc.

Midphase may provide one FREE domain name with a new purchase on select hosting plans and/or billing cycles. This domain will be included for the lifetime of your hosting account. The domain name will be registered in your name and is yours to keep. The free domain name applies only to standard TLD's (.com, .net, .org, .info, and .biz) when signing up for a new hosting plan. THE FREE DOMAIN DOES NOT APPLY TO DOMAIN TRANSFERS. Should your hosting account become inactive at any time during the domain registration year, you will be charged for that year's domain registration.

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

When the Services Will be Available

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. However, as a customer of Midphase, you have our promise of a 99.9% monthly uptime guarantee. The uptime guarantee excludes scheduled maintenance, server upgrades, or any customer caused server downtime including site suspension for CPU and memory overages. If you feel that Midphase has failed to deliver 99.9% uptime for your paid month of hosting, then you must contact us directly by email or in writing before compensation will be issued. If the downtime results in compensation, it will be credited to your next bill and will not exceed the amount you had paid for that month of hosting - which excludes domain registrations and add-on services.

Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Midphase), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy.

Verification

There are instances in which we may require verification for your order you may send us the following form located here. You can send it to our fax number at: (435) 755-3449 or you may email it to us to the address billing@midphase.com Verifications are reviewed by our billing department and are deleted and destroyed afterwards. We strongly believe in your privacy and protection of your sensitive information.

Cancellation

As we explain in this paragraph, we offer you a money-back guarantee on all shared hosting plans if you cancel with us during the first 30 days. Please note, Dedicated plans ARE NOT ELIGIBLE for the money-back guarantee. And here is how our cancellation policy works. It is very simple. If you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by submitting information through our cancellation form, which is located at http://cancel.midphase.com. Upon completion of this cancellation process, your account will be terminated immediately.

If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. Domains are NOT eligible for a refund. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration and transfer and SSL certificates are non-refundable. Our policy regarding web design services is as follows: We do not issue refunds once we have started work. If you order design services and cancel before we have started working on the design and before 30 days have passed then we will refund the full cost of the design service. In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved.

Midphase also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff or if the account has a detrimental effect on the services of other users and/or causes any other users to have a reduced or disproportionate level of service.

Automatic Renewal

When you sign up, your Midphase account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to secure.mpcustomer.com, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in secure.mpcustomer.com.

If more than 14 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account was renewed and you have not made payment in full, Midphase shall have the right to delete all data you have uploaded to the servers. You hereby acknowledge that this is Midphase's policy when it comes to data retention, and waive all rights in and to your data in these situations.

All advertised promotions, discounts, or special offers valid for the first term only on 12 month billing cycles or longer unless otherwise stated.

Part of the UK2 Group

Midphase is a subsidiary of the UK2 Group. UK2 Group has been a significant player in the U.K., European and U.S. hosting markets since 1998. UK2 Group provides domain name registration, website hosting and server hosting to many global customers through its large family of hosting brands - UK2.net, midPhase, 100TB, Resell.biz, WingSix, ANHosting, Autica, Supreme Support, Dotable, VPS.Net, WestHost, Virtual Internet, DropClick, HostPuro, and VPNHQ.com The group is accredited by ICANN and hosts approximately 1 million domains groupwide. UK2 Group is committed to providing reliable, secure, great value products and services underpinned with excellent support. For more information about UK2 Group, please visit uk2group.com.

Bandwidth Overages (Dedicated Servers Only)

By agreeing to these terms, you understand that Midphase will bill you for bandwidth overages in the amount of $0.20/GB. Upon request, we will provide you a login for you to track your usage. The bandwidth period is from the 24th to the 23th of every month.

Backups

Managed Services – Shared and Reseller

Midphase cannot guarantee that the contents of a Website will never be deleted or corrupted, or that a backup of a Website will always be available, accurate or complete.

You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by Midphase from time to time.

We have the right, but not the obligation, to make backup copies of the data you upload to our Midphase servers.

Midphase does store on a temporary basis backups which are intended for our disaster recovery.

Unmanaged Dedicated Servers

You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by Midphase from time to time.

Website Security

MidPhase.com utilizes advanced, industry standard, tools and protocols to keep our servers secure and to mitigate potential threats. These tools cannot secure against all possible threats however. Because of this, it is customer's sole and exclusive responsibility to determine if the security measures MidPhase employs are appropriate for their needs. In particular, customers must ensure that scripts, applications, or programs used in conjunction with their website/account are secure and up to date.

This includes, but is not limited to, updating scripts, applications, or programs to the latest secure version available; maintaining and updating of passwords or other login credentials on an ongoing basis to ensure the security of their site and the security of other users on the server. Any scripts, applications, or programs available via the control panel interface are solely the customer's responsibility to update and secure.

MidPhase will not be liable for loss or damages of any kind, under any legal theory, caused by the customers failure to comply with the foregoing security obligations or caused by any person to whom the customer grants access to the services we provide.

Customers agree to notify MidPhase.com no later than thirty minutes of their discovery of any unauthorized uses of their services or any other breaches of security, and to cooperate fully, at Customer's expense, with any investigation and mitigation activities MidPhase.com deems necessary.

ICANN Accreditation

Included is a link to documentation that summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the Registrar Accreditation Agreement or the RAA. You can visit http://www.icann.org/en/resources/registrars/registrant-rights/educational
for more information regarding ICANN, as well as visiting this link to view more about registrant benefits and responsibilities to your site. http://www.icann.org/en/resources/registrars/registrant-rights/benefits.

Acceptable Use/Illegal Activity

Midphase strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

  • Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
  • Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
  • Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
  • Uploading or linking to any content that violates another's right of publicity or privacy.
  • Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
  • Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
  • Shared Hosting Packages are not to be used as a backup service. All stored files that reside on your account must be directly related to your web site. Archiving MP3, video, images or backups is prohibited on shared hosting packages. If you need these abilities we recommend that you upgrade to a dedicated server.
  • Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
  • Midphase does not allow the hosting of proxy websites on any of our shared hosting plans.
  • Midphase does not allow the Camfrog software to be run on Midphase servers. Camfrog is being defined as the software downloaded from camfrog.com or other mirror sites.

Disproportionate loads placed on the server.

The use of your shared hosting account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s) are better suited for a larger hosting package, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

These Terms of Service May Change

Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:
By mail:

Management
c/o Hosting Services, Inc.
517 W. 100 N.
Providence, UT 84332

By phone: 866-643-7427
By fax: 435-755-3449
By email: support@midphase.com

Indemnification

If Hosting Services, Inc. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Hosting Services, Inc. is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse Hosting Services, Inc. for what it pays to satisfy a judgment or settle a case, you also agree to pay Hosting Services, Inc.'s reasonable attorney's fees and all other costs Hosting Services, Inc. incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Hosting Services, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hosting Services, Inc. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Hosting Services, Inc. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Hosting Services, Inc. cannot be held liable for it. IN NO EVENT SHALL Hosting Services, Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Hosting Services, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Hosting Services, Inc. due to your enrollment in the affiliate program.

Terms Applicable to Affiliates

Our affiliate program is managed through Aff.biz. Please visit http://manage.aff.biz/agreement.html to view our terms.

Governing Law and Choice of Form

The laws of United States, the State of Utah will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Providence, Utah.

When These Terms Take Effect

This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) or open an affiliate account at www.aff.biz. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.

By using Hosting Services, Inc. you agree to the above terms of service.

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