Introduction

Midnight has created this Acceptable Use Policy (AUP) to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that Midnight complies with all relevant UK laws. This AUP must be read in conjunction with our General Terms and Conditions.

It is the responsibility of all customers of the Midnight network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of Midnight. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, Midnight reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant statutory provisions including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997. This includes but is not limited to;

• Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity.
• All content uploaded to our hosting service must conform to UK law. It is the Customer’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
• You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act. You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
• You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam', 'UBE', 'UCE').
• You are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
• You must take all reasonable steps to ensure that your password and login credentials remain confidential.
• Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
• Sites must not contain 'hateful' material or content which seeks to incite hate.
• Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
• Sites must not contain 'warez', copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
• Sites must conform to UK copyright law.
• It is also unlawful in the UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trademarks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. Midnight will co-operate with any law enforcement body, agency or rights holder wishing to assert their rights in these matters and Midnight reserve the right to withdraw service under such circumstances.
• The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
• Under the Electronic Commerce (EC Directive) Regulations 2002, Midnight is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.[

Acceptable Email Usage Customers may not use Midnight services to send unsolicited commercial email (also known as ‘Spam’). Midnight will suspend, terminate or blocked accounts seen to be sending ’spam’.

You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.

You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.

You agree to have a clear opt out policy in all newsletter communications.

You must not use our mail services or network to send email to any user who does not wish to receive it.

You must not use our mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually.

You must not use our mail services or network with intent to deprive others of service ('mail bomb').

You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.

You must not use any email address that you are not authorised to use.

You must ensure that any email servers connected to our network and operated by you are not configured to allow 'open relay'.

You must take full responsibility for your own email reputation, Midnight can not guarantee a positive reputation.

Security and Privacy

Login names and passwords must be kept secret and not be communicated to any third party. If a customer forgets or loses their password, they can request a new password using the ‘forgot password’ link.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers, CRM systems and blogging software must not be remotely exploitable.

If Midnight find malicious traffic emanating from a customer’s server, Midnight have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. Midnight understand that in many cases a customer may not be responsible for or aware of the problem, and therefore Midnight will work with the customer to resolve the issue as efficiently as possible to restore normal service. A customers service will remain offline until a solution is found.

Proxy servers and services are not permitted on Midnight’s network under any circumstances.

Compliance with foreign law

The Internet is global in reach. Consequently, it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Web Usage

Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer co-located servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or co-located services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.

You accept sole responsibility for the content of web pages owned and/or operated by you - whether on client pages, web hosted space or co-located servers - within our domain or other domains hosted within our network.

You accept sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.

You accept sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.

You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.

Some hosting products may offer ‘unlimited’ or ‘unmetered’ resources. However, these resources may only be used to serve a standard website and may not be used for bulk storage, archival or any other purpose intended to consume excessive storage.

If your usage exceeds the limitation of your hosting package, we reserve the right to charge for this over usage at the prevailing rate displayed on our website, or to upgrade you to a larger hosting package at our discretion.

We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.