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Upon signing up for CMWebHosting.Net's services, you agree to
fully comply with CMWebHosting.Net's Terms of Use. This is
to ensure quality service for our customers and helps
maintain a friendly and secure environment for everyone.
Failure to comply with these terms may result in termination
of your account with no refund at our sole discretion.
Refund Policy
Customer has 24 hours to do a "trial version" with our
package. In this period the customer has the right to cancel
or demand a full refund if they are not satisfied with the
service. However, after exceeding this 24 hours the customer
will not be entitled for any refund and they will be billed
until a cancellation is incited.
There is no refund in case of KLINE or AKILLS or GLINES or
any other kind of ban on any IRC network.
Illegal Use
CMWebHosting.Net servers may be used for lawful purposes
only. Transmission, storage, or distribution of any
information, data, or material in violation of any
applicable law or regulation is prohibited. This includes,
but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used
without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates
export control laws. Examples of unacceptable content or
links include: pirated software, hacker programs or
archives, Warez sites, MP3.
Security
Violations of system or network security are prohibited and
may result in criminal and civil liability. Examples include
but are not limited to the following: unauthorized access,
use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference with
service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system, broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an
email or a newsgroup posting.
Server Resources
Any web site that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage, and
network resources) will be given the option to either pay
additional fees (which will depend on the resources
required), reduce the resources used to an acceptable level,
or upgrade its service to a Dedicated Server plan.
CMWebHosting.Net shall be the sole arbiter of what is
considered to be a high server usage level.
Any web hosting account deemed to be adversely affecting
server performance or network integrity will be shut down
without prior notice.
IRC
IRC is allowed on our IRC shell servers.
CMWebHosting.Net does not allow IRC or IRC bots to be
operated on our web hosting servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or
through a CMWebHosting.Net server or using an email address
that is maintained on a CMWebHosting.Net machine is STRICTLY
prohibited. CMWebHosting.Net will be the sole arbiter as to
what constitutes a violation of this provision. Customers
are also in violation of this provision if they engage in
spamming using the service of another ISP or IPP, but
channel activities through a CMWebHosting.Net server as a
mail drop for responses. Violators will be assessed a
minimum fine of $500 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a
CMWebHosting.Net server or customer are strictly prohibited.
Inviting/Spamming on IRC is also not tolerated, if found
your account shall be terminated with no refunds.
Going against the AUP of any IRC server/network using our
server is also considered as abuse and if ever found your
account shall be terminated with no refunds.
Service Availability
Our server will maintain a 99.9% uptime, if this uptime is
not met, CMWebHosting.Net may allow a service refund at our
discretion, and upon client request. CMWebHosting.Net
however cannot be held responsible for network issues
between your location and the server.
We shall have the right to suspend the Services at any time
and for any reason without notice, but if such suspension
lasts or is to last for more than 30 days you will be
notified of the reason.
The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you.
No more than one login session under any one account may be
used at any time by you. User programs may be run only
during login sessions. If your account is found to have been
transferred to another party, or shows other activity in
breach of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement
immediately.
CMWebHosting.Net reserves the right to change/modify their
services at any time without notice.
Adult Content
Due to the special system and network requirements of
adult-oriented sites, pornography and sex-related
merchandising are allowed only after prior permission from
CMWebHosting.Net. This includes sites that may infer sexual
content or provide 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, or provide links to such sites.
Server Backups
Most of our servers are provided with backup equipment and
automated procedures. For liability reasons we cannot
guarantee these backups at any given point in time. Backups
are typically made on a secondary hard drive on the same
server, therefore cannot be stored off site.
If restoration of files, or database is required, please
submit a support request. Restore request may take more time
than most other support requests.
We offer up to two free, full, or partial restores per
client, per month. Resellers with many customers may be
allotted more at CMWebHosting.Net's full discretion.
Sub-Accounts and Reseller Accounts
Multi-Domain and Reseller accounts are for all legal
purposes synonymous. A reseller may create sub-accounts
within his/her own domain space, and sub-lease this space.
The reseller account becomes the parent account to the
sub-account.
It is the responsibility of the reseller to supply technical
support to their own clients. CMWebHosting.Net and it's
agents, will not supply technical support to the clients of
our resellers without prior arrangements.
A reseller must take full responsibility for their own
payments to CMWebHosting.Net regardless of their payment
arrangements with their own clients.
All users on CMWebHosting.Net servers are required to follow
the rules in this Terms of Service. A reseller may, impose
more restrictive rules on their own clients, but not less
restrictive. Any reseller that has been suspended due to either non
payment or overusage will be subject to a suspension, which in turn
will suspend all sub accounts under that account name. Should any
CMWebHosting.Net resellers fail to make the payments on time (without
prior notification), CMWebHosting.Net will make a good will guesture
to the resellers sub accounts (at the discretion of CMWebHosting), This
may include offering Emergancy Transfers of accounts to a CMWebHosting Account,
or providing the customer with services to help them transfer to another company.
Legal
CMWebHosting.Net expects that its subscribers who provide
Internet services to others will comply fully with all
applicable laws concerning the privacy of on-line
communications. A subscriber's failure to comply with those
laws will violate CMWebHosting.Net policy. Finally,
CMWebHosting.Net wishes to emphasize that in signing the
service agreement, subscribers indemnify CMWebHosting.Net
for any violation of the service agreement, law, or
CMWebHosting.Net policy, that results in loss to
CMWebHosting.Net or the bringing of any claim against
CMWebHosting.Net by any third-party. This means that if
CMWebHosting.Net is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will pay
any damages awarded against CMWebHosting.Net , plus costs
and reasonable attorneys' fees.
Actions Taken by CMWebHosting.Net
The failure by a customer to meet or follow any of the above
Terms of Use is grounds for account deactivation.
CMWebHosting.Net will be the sole arbiter as to what
constitutes a violation of the Terms of Use.
CMWebHosting.Net reserves the right to remove any account
without prior notice.
When CMWebHosting.Net becomes aware of an alleged violation
of its Terms of Use, CMWebHosting.Net will initiate an
investigation. During the investigation, CMWebHosting.Net
may restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the severity
of the violation, CMWebHosting.Net may, at its sole
discretion, restrict, suspend, or terminate a customer's web
hosting account and/or pursue other civil remedies. If such
violation is a criminal offence, CMWebHosting.Net will
notify the appropriate law enforcement authorities of such
violation.
CMWebHosting.Net does not issue credits for outages incurred
through service disablement resulting from Terms of Use
violations.
Limitation Of Liability
CMWebHosting.Net customers agree to indemnify and hold
harmless CMWebHosting.Net from any claims resulting from the
use of our services that damages them or any other party.
The CMWebHosting.Net service is provided on an as is, as
available basis without warranties of any kind, either
express or implied, including, but not limited to,
warranties of merchantability, fitness for a particular
purpose or non-infringement. CMWebHosting.Net expressly
disclaims any representation or warranty that the
CMWebHosting.Net service will be error-free, secure or
uninterrupted. No oral advice or written information given
by CMWebHosting.Net, its employees, licensors or the like,
will create a warranty; nor may you rely on any such
information or advice. CMWebHosting.Net and its partners and
suppliers will not be liable for any cost or damage arising
either directly or indirectly from any transaction or use of
the service.
Dedicated Server Payments
CMWebHosting reserves the rights to either port block (unplug network) or
power off dedicated servers that are not paid within 48hrs of the invoice
date. CMWebHosting reserves the right also to give the customer a 'grace'
period where by the server will be unplugged from the internet but still powered.
In this time if a customers overdue amount hits 5days overdue a 40 GBP (80 US) fee
will be incured.
Modification
CMWebHosting.Net reserves the right to add, delete, or
modify any provision of its Terms of Use at any time without
notice
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