Midterms provides users with access to search engine optimization tools, link analysis tools, application program interfaces (APIs), site profile services, search analytics, blogs, user-generated-content, personalized content, industry surveys and other resources (the “Service”). You also understand that the Service may include certain communications from Midterms, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Midterms free registration and paid subscriptions.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Midterms properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). addition, you must provide and are responsible for all equipment necessary to access the Service.
Use of information sourced or derived from the service
Midterms owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Midterms, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Except as expressly authorized by Midterms, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”).
The information on the Midterms site is provided on the understanding that it will be used for research, such as the investigation of techniques used to understand how to optimize your own site or sites of your clients.
The information may not be used to engage in “black hat” SEO, specifically spamming of any kind. The information may only be obtained by using authorized methods.
Users are authorized to access our services using the methods described on our site – specifically when using a mainstream, standards compliant browser.
Users should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the site.
Users may not attempt to bypass any functionality or directly access features site directly by using custom http ( or other ) calls, or attempt to manipulate the site, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use of a website.
Users are not permitted to query the Midterms database or servers using any automated tools without getting prior written permission from us to do so. An exception is granted to Search engines, who may use automated tools to crawl our site so long as they obey robots.txt commands.
The products or services provided by Midterms are to be used for internal purposes only. You are not allowed to create any derivative works or resell data that use our information without prior written permission. If you are buying information on behalf of your client, then your client is also bound by these conditions. If in doubt please contact us to confirm whether the use of data that you plan is acceptable or not.
Should the intended use of the data not be expressed within these terms and conditions it is the responsibility of the client to contact Midterms for approval prior to any use of said data.
It is Midterms’s policy to liberally grant permission to anyone interested in re-publishing our blog content, on the condition that you give Midterms written credit and accurately link back to the original Midterms post.
From time to time, Midterms may add new features to the Service that are described as “beta” (“Beta Features”). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Midterms does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.
Midterms may provide free automatic program interface (API) to its proprietary data. With the exception of the terms dealing with subscription fees, this Agreement controls Midterms’s free API services. Paid API services are governed by a separate agreement. Access to the free API may be suspended or terminated by Midterms at any time and for any reason, with or without cause. If your access to a free API is canceled, you shall not be entitled to a refund of any kind. In order to access any API, you must use a Secret key. It’s important not to share your secret key with anyone. You are responsible for all requests made with your secret key, whether you authorized them or not. Data provided by our APIs remains the property of Midterms. If you publicly display data from a free API, you must comply with the link and attribution guidelines set forth on the Website from time to time.
Midterms reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Midterms shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Users authorize Midterms to perform ranking checks on search engines such as Google on their behalf.
Copyright infringement and member disputes
We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are “repeat infringers.” Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
The signature of a person authorized to act on behalf of the owner of the infringed copyright;
Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to Midterms, Nordring 21, D-56424 Staudt.
Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited. You are solely responsible for your interactions with other Midterms Registrants and Members. Midterms reserves the right, but has no obligation, to monitor disputes between you and other Members.
You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Midterms cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
This website’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us immediately. You must be at least eighteen (18) years of age to subscribe as a Member of Midterms.com. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
In order to protect the integrity of the Service, Midterms reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Registration and subscription
You may be come a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, including the ability to use many of our tools, you must become a paying Member to the service by agreeing to enter into a subscription with us.
Depending on the subscription plan you select, you will be entitled to varying number of reports and other premium Midterms services each month. Midterms may change Service features and functionality from time to time. For purposes of this Agreement the term “Member” includes all paying subscribers, regardless of renewal term or price level, unless where its usage indicates otherwise.
You agree to pay Midterms the subscription fee (“Subscription Fee”) specified on the order page during the subscription Period (“Subscription Period”). The Subscription Period varies depending on the plan you sign up for.
A valid credit card is required to subscribe to the Service. Payment processing is handled by SWREG, Inc., 9625 West 76th Street, #150 Eden Prairie, MN 55344 USA. You agree to pay Midterms through SWREG for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize SWREG to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Midterms reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Midterms does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified on your Billing Form. All subscriptions will automatically renew at the end of your subscription period until canceled by you. You will not receive further notice of auto-renewal.
All of our subscription plans use recurring billing. If you elect to pay for the Subscription Period on a monthly basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. If you elect to pay the Subscription Period annually, you will automatically be charged the Subscription Fee for the subsequent year, unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. Midterms may submit periodic charges (e.B., monthly) relating to your subscription without further authorization from you, until you cancel your account. Such notice will not affect charges submitted before Midterms reasonably could act.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Midterms if your payment method is canceled (e.G., for loss or theft) or if you become aware of a potential breach of security, such as unauthorized disclosure or use of your user name or password. Changes to such information can be made following the “manage my subscription” link on your “my account” page (you must be logged in to view this page). If you fail to provide Midterms any of the foregoing information, you agree that Midterms may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service.
By creating an Midterms account (free or paid), the customer agrees that Midterms is allowed to use the customer’s name, logo, emblem, insignia, or description, in any promotional material, including, but not limited to, web page, email newsletter and online advertising, without prior written permission of customer. Customer may request the termination of this usage in future materials at any time in writing to Midterms.
If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Midterms shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Midterms account. You agree that Midterms may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
In your first month as a paid member, you can request a full refund. Except for that, all Midterms charges are non-refundable. Your Subscription fee is non-transferable. If you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to Midterms. If your credit card is no longer valid, then, unless you provide a new valid credit card, Midterms will terminate the Service prior to the start of the subsequent month.
From time to time, we offer a trial month for US$1. This special offer is available only once per customer.
Your Midterms subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. Midterms reserves the right to renew your subscription at the then-current non-promotional subscription rate provided 60 days notice to you of an increase in fees. The notice shall be sent to the email currently associated with your Midterms Membership.
You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in to your account and clicking the cancellation link. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. Please do not assume your account has been canceled if you email site support. Use the “Cancel subscription” link in your Midterms dashboard to cancel your account. All of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled. If you paid your subscription with one annual payment and you cancel your Membership, you may use your subscription until the end of your then-current Subscription Period; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. If you pay your subscription in monthly installments and you cancel your Membership prior to the end of the Subscription Period, then Midterms will terminate your access to the Service and cease billing you for the Service. However, you remain responsible for all charges incurred prior to Midterms terminating access to your account.
Cancellations are subject to a minimum contract term, specified when the subscription began. While you are free to cancel at anytime, Midterms will honor the agreement until the end of said period, and no refunds will be given for any period which the client may perceive the service as unused for.
Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys’ fees and collection costs arising from Midterms’s efforts to collect unpaid balances.
Your non-termination or continued use of the Service reaffirms that Midterms is authorized to charge your Payment Method. Midterms may submit those charges for payment and you will be responsible for such charges. This does not waive Midterms’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Disclaimers of warranties
The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Midterms expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Midterms cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Midterms or submitted to Midterms, including without limitation information on the backlink or ranking reports, the blog, any APIs, and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Midterms cannot and does not guarantee compatibility with other systems and hardware.
Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Midterms does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Midterms or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Midterms may provide links to certain third-party Websites. You acknowledge and agree that Midterms is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Midterms has no control over such sites and resources, you acknowledge and agree that Midterms is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Midterms is not in any way responsible for any such use by you.
Limitation on liability
Except in jurisdictions where such provisions are restricted, in no event will Midterms be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Midterms has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, Midterms’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Midterms in the twelve (12) months prior to the claimed injury or damage.
You agree to indemnify and hold Midterms, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Midterms’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program.
Disclaimers and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. Midterms may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Midterms. If Midterms terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Midterms. Midterms is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Midterms reserves the right to refuse service to anyone for any reason at any time.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of Germany, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Las Vegas, Nevada (Clark County), for the resolution of any such dispute.
The failure of Midterms to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Midterms and govern your use of the Service, superseding any prior agreements between you and Midterms (including, but not limited to, any prior versions of the Terms of Service).