Midnight Harbor Guidelines and Policies

By subscribing to, or utilizing, Midnight Harbor Corporation's (Midnight Harbor) web hosting or any related services, you agree to abide by this Acceptable Use Policy.

Your utilization of Midnight Harbor’s services constitutes your express agreement to abide by this Acceptable Use Policy (the "Rules), as the same may be changed from time-to-time by Midnight Harbor, at its sole and absolute discretion. These Rules are designed to enhance the quality of our Web Hosting services and to protect our customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. These Rules apply to all customers of Midnight Harbor. We hope and expect that common sense and good judgment will guide all of our customers' use of our Midnight Harbor Services. Even with such Rules in effect, minors should be supervised when using the Internet. Adults and minors should be aware of what is on the Internet and to understand the concept of what is accepted and what should be avoided. The following non-exhaustive list details the kinds of illegal or harmful conduct, which are prohibited. Midnight Harbor reserves the right to restrict or prohibit any and all uses of its services or content on your Web site and to remove such materials, including your website, from its servers at any time Midnight Harbor determines in its sole discretion that such content or materials violates this Agreement, is illegal, or is harmful to its servers, systems, network, reputation, good will, other Midnight Harbor customers, or any third party. Depending on the severity of the violation and the history of your account, Midnight Harbor may take any reasonable disciplinary action it determines in its sole and absolute discretion, including, but not limited to, one or more of the foregoing or following actions: (a) issuance of a verbal or written warning; (b) suspension of your account; (c) termination of your account; (c) billing for administrative and legal costs and fees and/or reactivation costs. All of the foregoing rights are cumulative, and the exercise of any right at any time shall not preclude the exercise of any other right, or the same right, at any other time for the same violation or any subsequent violation


Illegal or Improper Activities. You may not use Midnight Harbor’s services or servers in any manner in violation of any state, local or federal law of the United States of America, or any of its states or which in any manner is in violation of any applicable local or national law of any country. Such violations and activities include, but are not limited to, violations of U.S. or other applicable foreign export laws or restrictions including the U.S. Export Administration Act and accompanying regulations, posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse, or other subject matters that are prohibited under applicable federal, state, local or foreign law. Further, you may not use Midnight Harbor's services or servers in any manner in violation of any order of any court having competent jurisdiction over you or over Midnight Harbor.

Examples of non-acceptable content or links:

Dangerous Activities. You may not use Midnight Harbor’s services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging or injurious to persons or property or which, directly or indirectly, may be used to create danger, damage or injury to persons or property.

Infringement. You may not use Midnight Harbor’s services or servers in any manner which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. In compliance with the Digital Millennium Copyright Act (“DMCA”), please send DMCA notifications of claimed copyright infringements to: C. Gammel, Midnight Harbor, 1123 Lakeshore Drive, Round Lake Beach, IL  60073  USA

Fraudulent Activities. You may not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use of Midnight Harbor’s servers or services, including without limitation use of credit card numbers.

Offensive Subject Matter. You may not use Midnight Harbor’s services or servers for transmitting, disseminating, sale, storage or hosting subject matter that is unlawful, libelous, defamatory, obscene, scandalous, pornographic, indecent, lewd, filthy, excessively violent, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. You may not use Midnight Harbor’s services or servers to conduct any sexually oriented business or disseminate pornographic pictures, videos, banners, text or any similar material. You may not use Midnight Harbor’s services or servers to threaten bodily harm or destruction of property.

Harmful Activities. You may not use Midnight Harbor’s services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Tortuous Activities. You may not use Midnight Harbor’s services or servers for any tortuous conduct, including, but limited to, posting defamatory, libelous, slanderous, scandalous, or private information about a person or company without their consent; intentionally inflicting emotional distress; making unlawful threats; stalking, interfering with any contract or prospective economic relations; engaging in fraud or deception; engaging in sexual or other harassment; or for violating any patents, trademarks, copyrights, or other intellectual property rights.


Abusive Activities. You may not use Midnight Harbor’s services or servers for any abusive activities on the Internet, including, but not limited to, activities such as using a non-existent email return address, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), or allowing spamming by third parties to promote a website, trolling (posting outrageous messages to generate numerous responses), mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, hacking ( unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system or to breach the security thereof), spoofing (any attempt to impersonate any person or otherwise deceive or mislead through alteration of headers); deletion of author attributions, legal notices, or proprietary designations in an effort to deceive or mislead; forging or altering any TCP-IP packet header, email header or any part of a message header, using manual or electronic means to avoid any use limitations on your use of Midnight Harbor’s servers such as timing out; sending or disseminating harassing email or chain letters; or use of flames (hostile attacks or invectives aimed at a group or an individual.

Misuse of System Resources. You may not engage in any uses or activities that misuse Midnight Harbor’s services, servers or system resources, including, but not limited to, employing or posting programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for your own account; or resale of access to CGI scripts installed on Midnight Harbor’s servers.

Service Contract

Midnight Harbor's Virtual Hosting Service is subject to the following terms and conditions:

1. The specific fees and surcharges vary depending on the particular plan ordered.   Midnight Harbor may change and institute new fees and surcharges at any time upon thirty(30) days prior notice via e-mail or snail mail.  Either party may terminate the service without cause or prior notice. However, the client will forfeit any monies paid in advance.
2. The client agrees to comply with the Acceptable Use Policy set forth above and to refrain from any of the unacceptable uses set forth therein.  Midnight Harbor reserves an absolute right to determine for itself what is abusive, pornographic, offensive, or inappropriate and will terminate the service in the event it deems any use to violate the said Policy.
3. The client agrees that Midnight Harbor has the right and responsibility to fully cooperate in any legal investigation regarding any aspect of Midnight Harbor's services, including services sold to the client.  Any use or attempted use of Midnight Harbor's system to engage in software piracy or other illegal activities will result in an immediate termination of service and a report to the FTP, SPA, or other appropriate authorities.
4. The client agrees to indemnify and hold Midnight Harbor harmless in connection with any controversy or legal action arising from the client's use of Midnight Harbor's service or eCommerce software solutions, including but not limited to controversies over domain name selection and web site content.
5. Midnight Harbor does not warrant that the Sales Cart  (including any documentation) will meet Client's requirements or that the operation of the Software will be uninterrupted or error free.
   THE SALES CART SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED WITH RESPECT TO THE SOFTWARE.
   THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE CLIENT AND SHOULD THE SOFTWARE PROVE DEFECTIVE, CLIENT AND NOT Midnight Harbor ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION UNLESS OTHERWISE AGREED. No oral or written information or advice given by Midnight Harbor, its marketers, distributors, agents or employees shall create a warranty or in any way increase the scope of Client's rights set forth herein, and Client may not rely on any such information or advice.
   
   LIMITATION OF LIABILITY
   
   IN NO EVENT SHALL Midnight Harbor BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF OBTAINING SUBSTITUTE GOODS ARISING OUT OF OR RELATING TO THE SOFTWARE, OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
   Midnight Harbor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein.  Midnight Harbor's liability to Client or any third party arising out of or related to this Agreement however caused and arising under any theory of liability, whether based in contract, tort (including negligence), or otherwise shall not exceed in aggregate the Client Fees paid by Client for the Software. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO Client.
   
6. Although Midnight Harbor backs up its systems regularly and works hard to prevent technical problems, system failures, and service disruptions, such occurrences are possible, particularly in connection with such things as total power losses, natural calamities, acts of war or terrorism, destructive acts of hackers, or band width charges on the Internet.  Midnight Harbor's system backup is therefore not guaranteed and each client therefore agrees to maintain a backup copy of his or her web site and any other important information and to store the same on his or her own computer.  The client further agrees that Midnight Harbor's liability for any failure to provide virtual hosting service regardless of cause or duration shall be limited to a refund of the fees paid for the month in which the failures occur.  It is specifically agreed that Midnight Harbor shall under no circumstances be liable for any lost profits or other consequential damages.
7. This agreement is not assignable or transferable without express written consent of Midnight Harbor.  The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Illinois.