The use of
services from Corporate Management Solution [hereafter referred to as
"CMS"] constitutes agreement to these terms.
1.) Account
Setup / Email on file
We
will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) incase of fraud. It is
your responsibility to provide us with an email address which is not @
the domain(s) you are signing up under. If there is ever an abuse issue
or we need to contact you, the primary email address on file will be
used for this purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times. Providing false
contact information of any kind may result in the termination of your
account. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to
us, however, we can not make guarantees of the transfer process. We
provide this as a courtesy service and can not make guarantees regarding
its availability or the amount of time it may take as each host is
configured a little differently. We will try our best, however, in some
cases we may be unable to assist you in a transfer of data from an old
host.
2.) Content
All services provided by CMS may only be used for lawful purposes.
The customer
agrees to indemnify and hold harmless CMS from any claims resulting from
the use of our services.
Use of our
services to infringe upon any copyright or trademark is prohibited. This
includes but is not limited to unauthorized copying of music, books,
photographs, or any other copyrighted work. The offer of sale of any
counterfeit merchandise of a trademark holder will result in the
immediate termination of your account. If you believe that your
copyright or trademark is being infringed upon, please email
ceo@corporatemanagementsolution.com
and provide
We reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be
removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours
may result in the suspension or termination of your services. All abuse
issues must be dealt with via troubleticket/email and will have a
response within 48 hours.
If in doubt regarding the acceptability of your site or service, please
contact us at
ceo@corporatemanagementsolution.com
and we will
be happy to assist you.
Potential
harm to minors is strictly forbidden, including but not limited to child
pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice. Your services will be
terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your
responsibility to ensure that scripts/programs installed under your
account are secure and permissions of directories are set properly,
regardless of installation method. When at all possible, set permissions
on most directories to 755 or as restrictive as possible. Users are
ultimately responsible for all actions taken under their account. This
includes the compromise of credentials such as username and password. It
is required that you use a secure password. If a weak password is used,
your account may be suspended until you agree to use a more secure
password. Audits may be done to prevent weak passwords from being used.
If an audit is performed, and your password is found to be weak, we will
notify you and allow time for you to change/update your password.
3.) Zero
Tolerance Spam Policy
We
take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated
with or without notice.
CMS reserves
the right to require changes or disable as necessary any web site,
account, database, or other component that does not comply with its
established policies, or to make any such modifications in an emergency
at its sole discretion.
CMS reserves
the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee. This cost of the clean up fee is
entirely at the discretion of CMS.
4.) Payment
Information
You agree to supply appropriate payment for the services received from
CMS, in advance of the time period during which such services are
provided. You agree that until and unless you notify CMS of your desire
to cancel any or all services received, those services will be billed on
a recurring basis.
Cancellations must be done in writing. Once we receive your cancellation
and have confirmed all necessary information with you via e-mail, we
will inform you that your account has been canceled. At this time, your
account with us has been canceled. If you do not hear back from us or
receive an e-mail confirming this cancellation, please contact us
immediately.
As a client of CMS, it is your responsibility to ensure that your
payment information is up to date, and that all invoices are paid on
time. CMS provides a 10 day grace period from the time the invoice is
due and when it must be paid. Any invoice that is overdue for 10 days
and not paid will result in a $10 late fee and/or an account suspension
until account balance has been paid in full.
CMS reserves the right to change the monthly payment amount and any
other charges at anytime.
5.) Backups
and Data Loss
Your use of the service is at your sole risk. CMS is not responsible for
files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on CMS servers.
6.)
Cancellations and Refunds
CMS reserves the right to cancel the account at any time with or without
notice.
Any abuse of our staff in any medium or format will result in the
suspension or termination of your services.
CMS gives you
an unconditional 10 day money back guarantee on managed shared hosting,
and reseller solution's. There are no refunds on dedicated servers,
administrative fees, install fees for custom software, or domain name
purchases. There is no refund after unconditional q0 days guarantee
time.
Only
first-time accounts are eligible for a refund. For example, if you've
had an account with us before, cancelled and signed up again, you will
not be eligible for a refund or if you have opened a second account with
us.
Violations of
the Terms of Service will waive the refund policy.
7a.) Resource
Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy)
on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. Please note that
you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using
PHP include functions for including a local file, include the local file
rather than the URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially
result in suspension. Accounts found to be exceeding the 50,000 inode
limit will automatically be removed from our backup system to avoid
overusage. Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension
however accounts that constantly create and delete large numbers of
files on a regular basis or causing file system damage may cause your
account to be flagged for review.
8.) Bandwidth
Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account until
you upgrade to a higher level of package, terminate the account and/or
charge you an additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9a.) Money
back Guarantee
Each of CMS's
managed shared and reseller servers carry a 10 day unconditional money
back guarantee on them. If you are not completely satisfied with our
services within the first 10 days of your service, you will be given a
full refund of the contract amount.
9b.) Uptime
Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of CMS dependant
upon justification provided. Third party monitoring service reports may
not be used for justification due to a variety of factors including the
monitor's network capacity/transit availability. The uptime of the
server is defined as the reported uptime from the operating system and
the Apache Web Server which may differ from the uptime reported by other
individual services. To request a credit, please contact
ceo@corporatemanagementsolution.com with justification. All requests
must be made in writing via email. Uptime guarantees only apply to
shared / reseller solutions.
10.)
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. CMS does not
provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client. All
support requests must be made by the reseller on their clients' behalf
for security purposes. Resellers are also responsible for all content
stored or transmitted under their reseller account and the actions of
their clients'. CMS will hold any reseller responsible for any of their
clients actions that violate the law or the terms of service.
11.) Shared
(non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish
to resell hosting you must use a reseller account. Semidedicated servers
are not backed up. You must maintain your own backups.
12.) Price
Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on
corporatemanagementsolution.com, and the right to increase the amount of
resources given to plans at any time.
13)
Indemnification
Customer agrees that it shall defend, indemnify, save and hold CMS
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against CMS, its
agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless CMS against liabilities
arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with CMS; (2) any
material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4)
any defective products sold to customers from CMS's server.
14.)
Disclaimer
CMS shall not be responsible for any damages your business may suffer.
CMS makes no warranties of any kind, expressed or implied for services
we provide. CMS disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions
caused by CMS and its employees.
15.)
Disclosure to law enforcement
CMS may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful
request from such agencies.
We will cooperate fully with law enforcement agencies.
16.) Changes to the TOS
CMS reserves the right to revise its policies at any time without
notice.
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