Terms of Service under all Web Hosting Packages.
Restrictions
WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement (this "Agreement") sets forth the terms
and conditions of your use of CMG Network Systems, ("CMG Network Systems")
for web hosting services. You certify that you are at least
18 years of age. To become a CMG Network Systems account holder, you
must read and agree to be bound by all terms and conditions of this
Agreement, the fee schedules on the Online Order forms and any
policies that are or may be published by CMG Network Systems. This
Agreement will become effective when accepted by CMG Network Systems. By
posting notice 30 days in advance at a web page available on our web
site (http://cmgnetworksystems.com), CMG Network Systems may modify the
terms and conditions of this Agreement or the prices of its
services, as well as discontinue or change the services offered. You
will be bound by the modified Agreement, prices and/or policies if
you continue to use the services.
On this page:
Scope of Services and Your Obligations
This Agreement defines the terms and conditions of CMG Network Systems's
services as offered by CMG Network Systems and used by you, including
the provision of web hosting services on CMG Network Systems's servers
and connectivity to the Internet (the "Services"). CMG Network Systems
will provide the Services for the amount of server storage space
selected in exchange for payment of fees and full compliance with
the terms and conditions of this Agreement. In performing the
Services, CMG Network Systems maintains control and ownership of any and
all Internet protocol ("IP") numbers and addresses that may be
assigned to you and reserves the right to change or remove any and
all IP numbers and addresses at its sole discretion.
CMG Network Systems reserves the right to monitor its systems
electronically and to access and disclose any information as
permitted or required by any law, regulation or other governmental
request to operate its systems properly, to protect itself or its
accountholders or for any other reason it in good faith deems
necessary. CMG Network Systems will fully cooperate with law enforcement
authorities in investigating suspected lawbreakers and reserves the
right to report to law enforcement any suspected illegal activity it
becomes aware of. It is not CMG Network Systems's intention that its
Services or facilities be used in contravention of the
Communications Decency Act of 1996 (the "CDA") or any other
applicable law.
You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that CMG Network Systems is a
"service provider" under the DMCA and is therefore
immune from liability under the DMCA, including 17 U.S.C. § 512.
Consistent with the DMCA, CMG Network Systems will accommodate standard
technical measures used to identify and protect copyrighted works,
and, as further described herein, CMG Network Systems has a policy of
terminating accountholders who are copyright infringers. For more
information,please visit the Copyright Infringement section of this
Agreement.
Websites are unmodified forums containing the personal opinions and
other expressions of the persons who post entries on a wide range of
topics. Neither the content of websites located on CMG Network Systems's
servers nor the links to other websites are screened, approved,
reviewed or endorsed by CMG Network Systems. CMG Network Systems is not a
publisher of any of the content of websites, or of any content that
may be available through the links to and from them, and is acting
solely as an Internet web-hosting service provider. The text and
other material on such websites are the opinion of the specific
author and are not CMG Network Systems's statements of advice, opinion
or information.
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Payment Policies, Fees, and Refunds:
Full payment is required before any hosting service is rendered,
which includes renewals. All payment-due notices will be sent by
electronic mail. No bills or invoices will be sent by postal mail or
fax. Prepayment is due each anniversary (one month, three month, six
month, one year, two years) following the date the account was
established. Billing will continue until you cancel your hosting
account. You may cancel at anytime. As a policy, we do not offer
credits or refunds for hosting time already expended. Domain
registration fees and setup fees are nonrefundable.
We do give refunds for full months unused, should you want to cancel
prepaid service. If you decide to cancel after prepayment, you will
not receive a refund for the current month in use (We do not give
partial months refunds). If you have prepaid and received a
multi-month discount, upon cancellation we will figure the refund
retroactively withdrawing the discount back to the start date of the
contract. This will result in paying full undiscounted price for the
months used and refunding the balance. This only applies to
cancellation by the client. If cancellation is done by CMG Network Systems
due to restrictions violation, there will be no refund. CMG Network Systems
will only allow for the discount if cancellation is not
the fault of the client, as determined by CMG Network Systems.
Resellers' refund will be debited $25 for virtual name servers
installed on the account, should you opt to cancel before your
billing cycle renews. Domain registration/setup fees are
nonrefundable. The customer is responsible for all money owed on the
account from the time it was established to the time that the
customer notifies CMG Network Systems of cancellation. All monetary
transactions are in $US dollars. Additional features can be added at
any time. Monthly feature prices are not prorated. CMG Network Systems
reserves the right to change prices at any time.
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30-Day Money Back Guarantee
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account. Our refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations. Because it is not possible to return a Miva license that you may have received, your refund amount will be reduced by $25 if you were issued a Miva license. This money back guarantee is not available after 30 days. Any request for cancellation must be received via the web form and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
Accounts cancelled/terminated by CMG Network Systems for violating our Restrictions policy do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow at least 4-6 weeks for refunds of check or money order payments.
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Terms:
The validity, terms, performance and enforcement of this Agreement
shall be governed and construed by its provisions and in accordance
with the laws of the State of Texas (without regard to conflicts of
laws principles).
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Indemnification Policy:
You agree to use all CMG Network Systems services and facilities at your
own risk. CMG Network Systems specifically disclaims all warranties of
merchantability and fitness for a particular purpose. In no event
shall CMG Network Systems be liable for any loss, or loss of data, or
other commercial damage, including but not limited to special,
incidental, consequential or other damages. BY ACCEPTING THIS
AGREEMENT, YOU AGREE TO WAIVE AND HOLD CMG Network Systems HARMLESS FROM
ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CMG Network Systems. CUSTOMER
AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CMG Network Systems
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST
CMG Network Systems, 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 CMG Network Systems AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with CMG Network Systems’s server;
(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 customer from CMG Network Systems’s
server.
CMG Network Systems shall be the sole judge of what violates this
Policy.
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Account Cancellation:
To cancel your account, please follow these instructions. You may
cancel at anytime. As a policy, we do not offer credits or refunds
for hosting time already expended. Domain registration fees and
setup fees are nonrefundable.
NOTE: CMG Network Systems charges a $25.00 fee for returned checks as
well as charge backs. For international customers, if you are
sending a check/money order the amount must be drawn in US dollars.
You may cancel at anytime. Phone requests will not constitute
acceptance of any cancellation. Notification of cancellation must be
received at least five business days prior to your cycle date, with
the cycle date being the day of the month you sign up, in order to
avoid charges in full for the next cycle. It is the Clients
Responsibility to secure email confirmation from CMG Network Systems
that account has been cancelled. If the client has not yet received
email confirmation of account cancellation, then the account remains
active, and you will continue to be invoiced.
If Client has a balance due at the time of cancellation, this
balance must be paid in full. Cancellation does not absolve Client
of any outstanding financial obligations. All cmgnetworksystems.com
accounts must be paid in full before the cancellation will be
considered complete.
Transferring your domain to another provider or nonuse of your
hosting account does not constitute canceling your account. You must
notify CMG Network Systems to formally cancel your account and avoid
further charges.
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Account Changes:
Most account maintenance issues can be handled in your Control
Panel. Simply access your control panel and click on "Account
Maintenance". If you need to cancel your account, please see our
instructions for canceling an account. There is a one-time fee of
$20 for replacing an existing account domain name with another
domain name, whether from spelling error(s) or other purposes.
Please review this article prior to submitting a domain name change
request.
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Account Ownership:
CMG Network Systems is only responsible to the present owner of the Web
hosting space. We verify ownership by credit card number (if paid
for by credit card), name, address, email address, username, &
password. If you give this information to any other party or give
access to your email address on your account to another party, you
risk having your Web site and any other information on your account
changed and/or deleted. We are not responsible for any information
on your account should you reveal this information to another party
who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the
hosting account we advise you to receive payment for your work
before you publish it to our servers. Once the Web site is published
to our servers the account owner has retained ownership of that
content.
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Reporting Alleged Copyright Infringement
CMG Network Systems' providor has designated an agent to receive
notifications of alleged copyright infringement on our servers. If
you believe your copyrighted work is being infringed on a CMG Network Systems
server, please notify this copyright agent:
Jim Brannon
Legal Counsel, Web Site Source
E-Mail: jimbrannon@yahoo.com
Phone: +1-713-527-9983
Fax: +1-713-527-9868
US Mail: 2305 Elmen, Houston, Texas 77019
In notifying us of the alleged copyright infringement, please be
sure to include the following information:
a description of the copyrighted work that is the subject of the
claimed infringement (if multiple works are being infringed at a
single site, a representative list of such works at that site is
adequate);
a description of the infringing material and information
sufficient to permit CMG Network Systems to locate the material;
contact information for you, including your address, telephone
number and/or email address;
a statement by you that you have a good faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, or its agent, or the law;
a statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have the
authority to enforce the copyrights that are claimed to be
infringed; and
a physical or electronic signature of the copyright owner or a
person authorized to act on its behalf.
Failure to include all of the above-listed information may result in
a delay of the processing of your complaint. CMG Network Systems
will terminate the online privileges of users who infringe the
copyright of others.
For more information on the Digital Millenium Copyright Act please
click here.
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Domain Registration/transfer:
It is your responsibility to verify that the registration of your
domain name is complete. And, when the domain name registration
comes up for renewal, the Domain Name Registration Company
ordinarily will email the contact for your domain to remind you it
will soon expire. If you do not keep your domain name's registration
current, then the domain registration will expire and the domain
would then become available for others to register. It is your
responsibility to be certain that you keep your domain name
registered. You can check the expiration date of your domain's
registration here.
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Email Policy:
CMG Network Systems may not be the source, intermediary, or destination
address involved in the transmission of any unsolicited email, email
bombs, hate email, or any mass email. Your email account may not be
referenced as originator, intermediary, or reply-to address of such
email. We consider mass email any email message sent to more than 25
email addresses or more than 10 news groups.
Client is responsible for keeping email storage on hosting account
below 10 MB. This is normal for most accounts since email is
typically downloaded from the server on a regular basis using an
email client such as Outlook, Outlook Express or Eudora.
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SPAM Policy:
CMG Network Systems is committed to a zero-tolerance, anti-Spamming
policy. Under this policy, we prohibit Spam, or any unsolicited
commercial email, from being sent either: Over the CMG Network Systems
network, by customers or any other users of the CMG Network Systems
network (including customers' customers); AND/OR over ANY network—
if the message sent advertises or mentions a site hosted on the CMG Network Systems
server.
We react quickly and seriously to violations, and we further reserve
the right to terminate the services, without prior notice, of any
customer disregarding this policy. Sending unsolicited commercial
email (a.k.a. "spam"), cross-posting messages to a large number of
usenet groups, posting obscene or threatening messages while using
or referring to an CMG Network Systems email address or web site URL is
prohibited. The use of CMG Network Systems servers as a mail drop for
responses to activities described above is also prohibited. Accounts
canceled due to spam will be billed a "clean up" fee of $500.
If you have any complaints or comments regarding Spam on our
network, please direct them at to our staff here.
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Content Policy:
All services provided by CMG Network Systems may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United States
Federal, State or City law, or in violation of the laws of any
country, is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material we
judge to be threatening or obscene, material that advocates or calls
for the commission of crimes or civil harms to any person, group of
people, corporation, country, or any entity, or material protected
by trade secret and other statute without proper authorization. The
subscriber agrees to indemnify and hold harmless CMG Network Systems
from any claims resulting from the use of the service which damages
the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all CMG Network Systems
servers. This includes sites that may infer sexual
content, or links to adult content elsewhere. CMG Network Systems will
be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or
present content that may be damaging to CMG Network Systems servers or
any other server on the Internet. Links to such materials are also
prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
Any illegal activity, including adult content, links to adult
content web sites, spamming or hacking will result in your site
being shut down and all your files deleted without warning.
CMG Network Systems will be the sole arbiter as to what constitutes a
violation of this provision.
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CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI
scripts you wish, however we reserve the right to disable any CGI
script that effects normal server operation or service to other CMG Network Systems
customers. You will be notified in 24 hours about
offending cgi script. No chat room or similar scripts allowed.
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Chat Policy:
CMG Network Systems does not allow chat rooms. You can however link your
site to a chat provider. Some examples of chat providers are:
www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.
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Subhosting Policy:
Subhosting (hosting more than one web site with a single CMG Network Systems user account)
is generally not allowed on CMG Network Systems
servers. It is subject to CMG Network Systems approval on case by case
basis. We do, however, allow domain pointing. For more information,
please refer to our compare plans page.
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Traffic Policy:
CMG Network Systems allows for very generous traffic, and most sites
never exceed 4 G per month, unless they offer shareware, sound,
video, image and multimedia archives, are mirror sites or any site
whose primary purpose is file distribution. CMG Network Systems
customers are discouraged from storing any files that cause
excessive traffic on CMG Network Systems servers. Please contact CMG Network Systems
Technical Support team for more information. Again, 99%
of the sites do not fall into this category and never reach our
traffic limits.
We reserve the right to refuse service to anyone for any reason not
prohibited by law. Also we reserve the right to terminate service to
any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to CMG Network Systems or any
other Internet servers will result in immediate account deactivation
without prior notice. No refund is given in this case.
We reserve the right to charge additional fees for extremely high
bandwidth sites (over 12 GB of transfer per month). This only
includes .1% of our currently hosted web sites. We will not host web
sites which contain adult material.
You will be charged for transfer that you use beyond our generous
data transfer limits without prior notification. You can monitor
your transfer at anytime in your Control Panel, and you can have us
notify you you when you are nearing your limit by going to Account
Management in your Control Panel and setting up notification.
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Backups:
Full backups are made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups. Backups are made for
server restoration purposes only. It is the clients' responsibility
to maintain local copies of their web content any information. The
"Archive Manager" is included in each hosting plan and client can
use this tool to back up their files. If loss of data occurs due to
an error of CMG Network Systems, we will attempt to recover the date for
no charge to the client. If data loss occurs due to negligence of
client in securing their account or by an action of the client, CMG Network Systems will
attempt to recover the data from the most recent
archive for a $50.00 fee.
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Telephone Support:
Client agrees to use the Help Desk located at
help@cmgnetworksystems.com for technical support issues. CMG Network Systems does,
however, offer telephone support to clients. Client
agrees not to abuse this resource. Abuse includes placing multiple
repeat calls without leaving a message or leaving multiple messages
in the same 24-hour period. Clients who abuse telephone support
privileges may, at Provider's sole discretion, have telephone
support privileges revoked and/or incur a charge of $5.00 per call.
CMG Network Systems shall have sole authority to determine violations of
this policy.
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Privacy:
We use your IP address to help diagnose problems with our server,
and to administer our Web site.
Our site uses an order form for customers to request information,
products, and services. We collect visitor's contact information
(like their email address) and financial information (like their
account or credit card numbers). Contact information from the order
form is used to generate accounts. The customer's contact
information is also used to get in touch with the customer when
necessary. Financial information that is collected is used to bill
the user for products and services.
Registration:
In order to register for our service(s), the user is required to
supply his / her Full Name, Company Name, Full Address, Phone
Number, E-mail address, username, and domain name.
To register for Web Hosting, the user must also supply a username,
password and domain name. To use the Search Engine submission
tool, the user must supply their domain name / URL.
Sharing of Information:
CMG Network Systems uses the above-described information to contact our
clients in regards to changes in our services. Information that is
collected is not shared with or sold to any third party, with the
following exceptions:
Domain Registration - In order for CMG Network Systems to register /
modify domain names, the above information is submitted to
Bulkregister.com or one of our other ICCAN-accredited domain
registrars. CMG Network Systems is not responsible for the privacy
practices of those Web-Sites described above to whom which we must
provide information.
This site does contain a small number of links to other sites. CMG Network Systems is
not responsible for the privacy practices or the
content of such Web sites.
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Uptime Guarantee:
If our servers are not up 99.9% of the time during your first 30
days of hosting we will gladly refund your hosting fees for the
current month (setup fees and domain name registration fees are
non-refundable). Just go to our Help Desk and open a support ticket.
Be sure and mention that you would like a refund based on our 99.9%
Uptime Guarantee.
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Contact Us:
Contact us at our Help Desk located at help@cmgnetworksystems.com if
your question was not answered in this Policy.
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We do NOT host Adult (Pornographic) Websites.
Other restrictions may apply.
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