Acceptable Use Policy (AUP) and Terms of Service (TOS)

Midget Squid issues this document. The company shall be known throughout this document as Midget Squid. This document was last modified on 1st June 2007.

Midget Squid agrees to provide the client web hosting for a monthly / annual fee. Midget Squid will never require clients to advertise for Midget Squid on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting, or participation in our voluntary referral bonus programme. Clients are allowed to use the service for business / commercial or personal websites or content.

Content:
All services provided by Midget Squid may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Midget Squid from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. 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. Links to such materials are also prohibited. Midget Squid will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:

  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Pornography
  • Spam and Spamming Software

Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

Scripting and Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Midget Squid reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

  • Chat servers/scripts of any kind are strictly prohibited.
  • Formmail is not allowed on our servers.

You can use formmail scripts but they must be up to date and not running with the filename "formmail" or "mailform". Any files named "formmail" or "mailform" will be deleted without notice.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:
Material accessible to you through Midget Squid's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Midget Squid Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Midget Squid Network. If you use a domain name in connection with the Midget Squid Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the Midget Squid Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Midget Squid will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:
Midget Squid reserves the right at its sole discretion to refuse or cancel service. Violation of any of Midget Squid's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:
You must not use the Midget Squid Network, Midget Squid equipment or any Midget Squid email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Midget Squid Network, Midget Squid equipment or any Midget Squid email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Midget Squid reserves the right to disable your domain without warning. In addition, Midget Squid may impose a £100 penalty for each spam policy violation. Midget Squid solely reserves the right to refuse or cancel service to known spammers. Lastly, Midget Squid reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Midget Squid server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Midget Squid (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Midget Squid, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Midget Squid against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Midget Squid server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Midget Squid to the amount paid for service.

Refunds Policy:
You may cancel your hosting account at any time before your annual billing date, and you will not be billed for the next year. All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Setup fees (where applicable) are non-refundable under any circumstances. We do not offer any kind of "money back" guarantee.

Overuse of Service:
Sites that exceed their disk space allocation will be charged £1.50/mth for every part of 50MB over their disk space allocation. Sites that exceed their monthly data transfer allocation (i.e. bandwidth) will be charged £1.50/mth for every part of 500MB over their data transfer allocation. If a site has outgrown its allocation it will be cheaper in the long run to upgrade the account. We will be more than happy to arrange this for you.

Late Payment:
Payment must be made towards your account on its assigned due date. Midget Squid will attempt to automatically rebill your chosen payment method each year.

If your account falls overdue or your chosen payment method is declined, your account may be suspended or terminated at the sole discretion of Midget Squid. Midget Squid may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.

A service charge, equal to the charge incurred by Midget Squid from its bank, will be charged to your account for each cheque or payment that is returned to Midget Squid for insufficient funds.

When payment is declined from your chosen payment method we will send out an email notice and retry claiming payment the following day, this will generally occur 3 times over a 3-5 day period. After this period if we have not received due payment or had notification from you that the due payment is in hand, your account may be suspended or terminated at the sole discretion of Midget Squid.

It is very important you keep your email address on file with us current. When you change email address please contact us to keep us informed of your working contact address.

Failure to keep us updated with your current email address may mean important communications dont reach you, resulting in suspension or termination of your hosting account.

Additional Labour Rates:
Any additional work you may require from Midget Squid staff which does not fall within the usual support boundaries is charged at a rate of £20 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Disclaimer:
Midget Squid will not be responsible for any damages your business may suffer. Midget Squid makes no warranties of any kind, expressed or implied for services we provide. Midget Squid disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Midget Squid and its employees. Midget Squid makes no "uptime" guarantees.

Midget Squid keeps backups of key server systems only and these backups are not available for customer use. Midget Squid can accept no responsibility for any loss of data or consequences arising from this. Midget Squid always advises clients to back up their site data regularly for their own protection.

Midget Squid furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Midget Squid. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Midget Squid then Midget Squid will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between Midget Squid and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, Midget Squid wishes to emphasize that in accepting services, customers indemnify Midget Squid for the violation of any law or Midget Squid policy, that results in loss to Midget Squid or the bringing of any claim against Midget Squid. This means that if Midget Squid is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Midget Squid, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Midget Squid reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

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