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Terms and Conditions

This document contains the terms and conditions for web hosting and related services provided by NetMidWest Internet Services. By signing up for the services, you acknowledge that you have read the Agreement, and you agree to these terms and conditions and to all policies posted on the NetMidWest Internet Services website.

Appropriate Use of the Services

NetMidWest makes no effort to edit, control, monitor or restrict the content being hosted on our servers other than as necessary to provide the services. In order to provide the best quality services fairly, all users are bound by our CGI Abuse, UCE (or SPAM), and Acceptable Use policies. Our Acceptable Use Policy contains important information on adult sites and restrictions on the use of the services.

  • Content

    User agrees not to distribute, transmit, display or upload any materials in connection with the use of the services on any NetMidWest server which:

    • Violate any state, federal or foreign laws or regulations,
    • Are defamatory, slanderous or libelous,
    • Are threatening or harassing,
    • Are discriminatory or promote hate,
    • Infringe on intellectual property rights of NetMidWest or any third party,
    • Knowingly contain viruses or other computer programming defects which may result in damage or degradation of services to NetMidWest or any third party,
    • Or violates any policy posted on the NetMidWest website.

  • Excess Resources

    User may occupy only the amount of disk space on the NetMidWest server and utilize no more than the bandwidth that is provided by NetMidWest. Additional fees, specified in the Web Hosting Plans page, may be charged for excess resources but will not be automatically provided.

    Additional resources may be requested by logging a ticket at our help desk.

  • Spamming

    User shall not utilize the services for spamming, chain letters, junk mail, or any use of distribution lists to any person who has not given specific permission to be included in such a process. User shall not engage in any unsolicited email practices through use of the services of NetMidWest or any other service that mentions or references any domain hosted by NetMidWest servers or otherwise utilizes NetMidWest's services. Violation will result in removal from our system.

    Please see our Unsolicited Commercial Email Policy for further information.

  • Licensed Software Only

    User agrees to utilize only properly licensed third party software in connection with the use of the services.

  • Backup of files

    NetMidWest will keep regular backups of the entire server and has the ability to restore all files on the server in case of disaster, but does not backup or restore individual sites on a regular basis. Users will have the ability to backup and reinstate files, however NetMidWest does not guarantee the existence, accuracy, or regularity of the backup services. User is responsible for making all backups of files in the user's own account and for storing said files. Backup configuration is available through the CPanel website management interface.

  • Termination of Services

    NetMidWest reserves the right to refuse service to anyone. NetMidWest the has sole discretion to immediately terminate services to any user violating the policies posted on the NetMidWest web site. To report any unacceptable behavior by a user of these services, please contact us.

The following sections of this agreement shall survive termination or expiration of the services.

Liability and Indemnification

The user agrees to defend, indemnify, and hold harmless NetMidWest from any and all expenses, losses, liabilities, damages or third party claims resulting from user's breach or alleged breach of any of the terms and conditions in this agreement or any other policy posted on the NetMidWest website.

Term, Termination and Reinstatement

Subject to these terms and conditions, this agreement is effective from the time you sign up for the services, and remain in effect unless terminated pursuant to the provisions of this agreement. Either party will have the right to terminate this Agreement upon notice to the other party. In order to cancel, please contact us with your username, domain name, and any other details or instructions we may need.

Payment Obligations

  • Service Fees

    Payments for NetMidWest web hosting services are handled by PayPal and 2Checkout through subscriptions for one month, three months, six months, or one year of service, and the subscription will be in effect for a period of three years from the original signup date without price changes and may be terminated at any time by the user through the PayPal or 2Checkout website without penalty. Users must keep their subscription active in order to maintain service. Service will continue until payment is again due unless the user re-subscribes or requests service be cancelled immediately and a refund issued (see below) for any unused full months. At the end of three years, the user will need to sign up again at the current prices. When the payment is due, PayPal or 2Checkout will automatically debit the user's PayPal account or charge the user's credit card for the amount due for the services. NetMidWest shall be entitled to immediately terminate this agreement for user's failure to make timely payments to NetMidWest. If the user has retained the services for three months, six months or one year, service may be cancelled and refunds may be issued upon request from the user at our help desk for any unused full months. For example, if user cancels service at any point during a one year term, the user will be entitled to a refund for all the full months remaining after the request for a refund has been made.

  • Taxes

    User agrees to pay, and to indemnify and hold NetMidWest harmless from, any and all taxes associated with or arising from use of the services, including any penalties, interest and costs associated with the collection or withholding of any taxes due.

  • Domain Names

    If the user chooses to register a domain name through NetMidWest, user acknowledges and agrees that the user will pay a registration fee to register the domain name with the applicable domain name registrar and that the user responsible for renewing the domain on an annual basis. NetMidWest does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. More information can be found on our Payment Information Page.

Disclaimer Of Warranty

Without limitation, the services, the NetMidWest website, all products and services displayed or offered on the NetMidWest web site, and all text, graphics, links and applications are provided to users on an as is basis and without warranty of any kind. NetMidWest disclaims all warranties, express or implied and without limitation, any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the following, NetMidWest specifically disclaims any warranty that the services will be uninterupted or error-free, that defects will be corrected, that there will be no viruses or other harmful components, and that the security methods employed will be sufficient.

Limitation of Liability

In no event shall NetMidWest be liable for damages resulting from loss of data, profits, use of the NetMidWest website or any NetMidWest products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided by the agreement. In no event shall NetMidWest's cumulative liability exceed an amount greater than five hundred dollars U.S.

Adult Web site Policy

Adult sites are not allowed on our servers. If you have any questions about the allowability of the content of your site, please contact us. Please review our Acceptable Use Policy for more information.

Miscellaneous

  • Legal Notices

    Any legal notices or communications under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below on the delivery date if delivered personally to the party or a representative of the party, one business day after deposit with a commercial overnight carrier with written verification of receipt, five business days after the mailing date regardless of when and if it is received if sent by postal mail with return receipt requested, on the delivery date if transmitted by confirmed facsimile.

    If to NetMidWest:

    NetMidWest Internet Services
    1814 E. 84th St.
    Kansas City, MO 64132

    If to Client:

    Name and address provided during account signup.

If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement all policies posted on the NetMidWest web site represent the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by the user, but may be so transferred, assigned or delegated by NetMidWest. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This agreement and NetMidWest's policies are subject to change by NetMidWest without notice. Continued usage of the Services after a change to this Agreement by NetMidWest or after a new policy is implemented and posted on the NetMidWest Site constitutes your acceptance of such change or policy. We encourage you to regularly check the NetMidWest site for any changes or additions.

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