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.
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.
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 $5000 / £2500 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 / VPS 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 $80 / £40 fee will be added to the outstanding invoice.
Modification
CMWebHosting.Net reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice
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.
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.
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 $5000 / £2500 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 / VPS 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 $80 / £40 fee will be added to the outstanding invoice.
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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