Acceptable Use Policy

To report junk email or abuse issues, please contact abuse@midphase.com

This Acceptable Use Policy governs your use of the services (“Hosting Services”) provided by Midphase Services. Our registered office is located at Midphase Services (Hosting Services, Inc) 115 Broadway Floor 5 New York, NY, 10006, United States (“Midphase”,"we", "us" or "our"). By using the Hosting Services, you agree to abide by all policies outlined in this Acceptable Use Policy, in addition to our Terms and Conditions. We reserve the right to modify this Acceptable Use Policy at any time without prior notice.

You are prohibited from allowing any third party to access or use the Hosting Services, except in the case of a reseller hosting package, subject to any applicable terms. If you choose to grant access to a third party ("Third Party"), they will be held to the same standards set forth in this Acceptable Use Policy. You are responsible for monitoring the Third Party's use of the Hosting Services and ensuring their compliance with this Acceptable Use Policy. A breach of this policy by a Third Party will be considered a breach by you.

A. RESOURCE USAGE

1. The Hosting Services are provided by Midphase. comprise the allocation of web space on our servers, allowing you to upload pages and files for the purpose of publishing websites.

2. The Hosting Services include server space for normal, routine "non-file-distribution" web usage, subject to a fair usage cap of 100GB (“Fair Usage Cap”). For websites that allow downloading of video, audio or other files, we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month. Please note that exceeding the Fair Usage Cap may result in additional charges or temporary suspension of your account. We will notify you if your usage approaches or exceeds the Fair Usage Cap. If you anticipate exceeding the fair usage cap, please contact us to discuss upgrading your account.

3. Non-file-distribution usage will not be affected by any limit imposed on downloading of video, audio or other files.

4. In your use of the Hosting Services, except when using your own virtual private server, you are prohibited from:

   a. using more than 10% of our platform's processing capacity. This includes activities that may cause problems, such as CGI scripts and intensive FTP, PHP, or HTTP operations.

   b. running stand-alone, unattended server-side processes or any daemons, including (but not limited to) IRCd.

   c. running any type of web spider or indexer.

   d. running any software that interfaces with an Internet Relay Chat network.

   e. running any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers.

   f. participating in any file-sharing or peer-to-peer activities.

   g. running any gaming servers.

   h. running entries or other scheduled tasks, except by configuring them through our control panel.

   i. giving away web space under a domain (including resellers giving away free websites).

   j. operating a proxy website or service.

   k. acting as a remote file host for other websites.

   l. operating self-hosted file sync or similar "cloud storage" based services, including (but not limited to) OwnCloud, Pydio, and Sparkleshare.

5. You may not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible), unless they are necessary to operate the website of which they form a part. We reserve the right to delete files or directories that are not web-visible without giving notice to you.

6. All pages of websites stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines, you agree to use coding and techniques that fully comply with the guidelines issued by Google, Bing, Yahoo, and other major search engines.

7. MySQL databases are limited to 1024 megabytes in size. We will notify you when they reach this limit.

8. If you are a reseller and deactivate a resold web hosting account, we will delete it after 50 days.

B. Prohibited Uses

We take the prohibited use of our Hosting Services very seriously. You agree not to use our Hosting Services for any purpose that is unlawful, fraudulent, or harmful to others. Specifically, you must not:

a. use the Hosting Services to violate any applicable local, national, or international laws or regulations.

b. use the Hosting Services for any unlawful or fraudulent activity or with an unlawful or fraudulent purpose or effect.

c. use the Hosting Services to harm or attempt to harm minors in any way.

d. upload, download, use, or re-use any material that does not comply with our content standards, which are outlined below.

e. send unsolicited or unauthorized advertising or promotional material, commonly known as spam, or any other form of similar solicitation.

f. knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

We reserve the right to investigate and take appropriate action against any user who violates these prohibitions, including but not limited to immediate termination of their access to the Hosting Services.

C. CONTENT STANDARDS

1. The following content standards are applicable to all material or content that is hosted through our Hosting Services and any interactive services associated with it (“Material”).

2. It is required that you comply with the spirit of these standards. These standards apply to each part of any Material as well as to its entirety.

3. Material must:

   a. be accurate where they state facts;

   b. be genuinely held where they state opinions;

   c. comply with applicable laws in the UK and any country from which they are posted.

4. Material must not:

   a. contain defamatory material against any person;

   b. contain obscene, offensive, hateful, or inflammatory material;

   c. contain pornographic material;

   d. promote violence;

   e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

   f. infringe any copyright, database right, or trademark of any other person;

   g. deceive any person;

   h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

   i. promote any illegal activity;

   j. threaten, abuse, or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

   k. harass, upset, embarrass, alarm or annoy any other person;

   l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

   m. give the impression that they originate from Midphase, if this is not the case;

   n. advocate, promote or assist any unlawful act, such as (by way of example only) copyright infringement or computer misuse.

D. ANTI-SPAM POLICY

1. Midphase has a zero-tolerance approach to unsolicited email, bulk emailing, and spam. Any user who sends out spam may have their account terminated with or without notice.
2. Websites that are advertised through spam may not be hosted on Midphase's servers. This applies to spam sent through fax, phone, postal mail, email, instant messaging, or newsgroups. Any user account that results in Midphase's IP space being blacklisted will be immediately suspended or terminated.
3. Midphase reserves the right to require changes or disable any website, account, database, or component that does not comply with this anti-spam policy (which may be amended and or updated by us from time to time).
4. Midphase may charge the account holder who sent unsolicited email a clean-up fee or any charges incurred for blacklist removal at its sole discretion.

E. RESELLING

You agree not to:

a. resell or offer for use by third parties any part of our Hosting Services unless you have purchased a specific reseller product.

b. access any part of the Hosting Services, equipment, network, or software without authorization, or interfere with, damage, or disrupt them or any equipment, network, or software owned or used by any third party.

c. If you deactivate a resold Hosting Service for 50 consecutive days, Midphase will automatically delete it.

d. You are responsible for the proper maintenance of your Reseller Service. You agree to delete files and Hosting Services that are no longer needed.

F. Email Usage Policy:

1. The mailbox quota for your email account shall be 2GB or 10GB dependant on which package that you purchase from us. This means that the total size of all the messages in your mailbox should not exceed quota.
2. If you exceed the mailbox quota, you will not be able to send or receive any new messages until you delete some messages and reduce the size of your mailbox.
3. We reserve the right to suspend or terminate your email account which immediate effect if you repeatedly exceed the mailbox quota, or if your mailbox exceeds the quota by a significant amount.
4. It is your responsibility to regularly check the size of your mailbox and delete any messages that are no longer needed.
5. We are not responsible for any loss of data that may occur as a result of your failure to comply with this email usage policy.
6. By using our email service, you agree to comply with this email usage policy.

G. SUSPENSION AND TERMINATION

1. The following policy outlines the acceptable use of Midphase's Hosting Services. We reserve the right to determine, at our sole discretion, whether any breach of this policy has occurred. If we determine that there has been a breach of this policy, we may take any action that we deem appropriate.

2. Failure to comply with this acceptable use policy will be considered a material breach of the terms and conditions under which you are permitted to use the Hosting Services. Any such breach may result in our taking any or all of the following actions:

   a. immediate, temporary, or permanent withdrawal of your right to use the Hosting Services;

   b. immediate, temporary, or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers;

   c. issuance of a warning to you;

   d. initiation of legal proceedings against you to recover all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

   e. further legal action against you;

   f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

H. CHANGES TO OUR ACCEPTABLE USE POLICY

1. We reserve the right to revise this acceptable use policy at any time by amending this page. It is your responsibility to check this page periodically to remain informed of any changes we may make, as they will be legally binding on you.