WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement (this "Agreement") sets forth the terms
and conditions of your use of CMG Business Hosting, ("CMG Business Hosting")
for web hosting services. You certify that you are at least
18 years of age. To become a CMG Business Hosting 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 Business Hosting. This
Agreement will become effective when accepted by CMG Business Hosting. By
posting notice 30 days in advance at a web page available on our web
site (http://www.cmgnetworksystems.com), CMG Business Hosting 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. Scope of Services and Your Obligations
This Agreement defines the terms and conditions of CMG Business Hosting's
services as offered by CMG Business Hosting and used by you, including
the provision of web hosting services on CMG Business Hosting's servers
and connectivity to the Internet (the "Services"). CMG Business Hosting
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 Business Hosting 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 Business Hosting 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 Business Hosting 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 Business Hosting'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 Business Hosting 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 Business Hosting will accommodate standard
technical measures used to identify and protect copyrighted works,
and, as further described herein, CMG Business Hosting 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 Business Hosting's
servers nor the links to other websites are screened, approved,
reviewed or endorsed by CMG Business Hosting. CMG Business Hosting 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 Business Hosting's statements of advice, opinion
or information.
Service Policy
CMG Business Hosting is committed to providing dedicated customer, technical and sales support to each client on an individual basis. In fact, we know most of our clients on a first name basis. Our goal is to maintain the system that has worked for years, but be flexible enough to make changes when needed to keep pace with the ever changing world of online business.CMG Business Hosting has implemented state of the art software to aid in responding to support issues and managing trouble tickets (https://www.cmgbusinesshosting.com/clients). Our support department, under normal circumstances, has issues resolved within one hour. CMG Business Hosting also provides telephone service (1.866.646.0536) and email service (help@cmgbusinesshosting.com).As you can see, CMG Business Hosting has created, implemented and continues to maintain a service medium that works for both the provider and end user. You have our word that our policy will stay intact and our dedication to you is our most important priority.CMG Business Hosting wants to know how we can be a better company for you. If you have any comments or suggestions, please fill out our feedback form.
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.
Traffic Policy:
CMG Business Hosting 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 Business Hosting
customers are discouraged from storing any files that cause
excessive traffic on CMG Business Hosting servers. Please contact CMG Business Hosting
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 Business Hosting 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.
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 Business Hosting
customers. You will be notified in 24 hours about
offending cgi script. No chat room or similar scripts allowed.
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 willemail 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.
Email Policy:
CMG Business Hosting 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.
SPAM Policy:
CMG Business Hosting 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 Business Hosting network, by customers or any other users of the CMG Business Hosting network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the CMG Business Hosting 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 Business Hosting email address or web site URL is prohibited. The use of CMG Business Hosting 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.
Content Policy:
All services provided by CMG Business Hosting 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 Business Hosting 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 Business Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. CMG Business Hosting 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 Business Hosting 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 Business Hosting will be the sole arbiter as to what constitutes a
violation of this provision
Telephone Support:
Client agrees to use the Help Desk located at
http://www.cmgbusinesshosting.com/clients for technical support issues. CMG Business Hosting 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 Business Hosting shall have sole authority to determine violations of this policy
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Privacy Statement
CMG Business Hosting has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for our web site:
- Registration/Order Forms
Our site's registration form requires users to give us contact information (name, email address and postal address). Contact information from the registration forms is used to process the web hosting order. This information is never resold or reused in any way. Financial information that is collected is used to bill the user for products and services.
- Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Some measures include: SSL, password protection and other methods.
- Domain Registration
In order for CMG Business Hosting to register / modify domain names, the above information is submitted to ICCAN-accredited domain registrars. CMG Business Hosting 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 Business Hosting is not responsible for the privacy practices or the content of such Web sites.
- Data Quality/Access
This site gives users the following options for changing and modifying information previously provided:
You can send email to help@cmgbusinesshosting.com or contact us through our ticket system online at https://www.cmgbusinesshosting.com/clients
Contact Information
If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, you can contact help@cmgbusinesshosting.com. ........................................................................................................................................................................
Data Storage
CMG Business Hosting is not responsible for any loss of data. Our Network Operations Center (NOC) backs up each server in four hour increments. However, it is the responsibility of the webmaster or web site owner to archive their web site. Each web hosting account through CMG Business Hosting comes with a web site archive tool built into the control panel as well as a web site backup wizard. All clients are responsible for transferring their domain names and/or web site content. For answers to any of your questions regarding data storage, please send e-mail to help@cmgbusinesshosting.com.All of the web hosting plans offer quota and transfer warnings located in your control panel under the account administration icon. CMG Business Hosting urges all of its clients to use these options. If an account goes over the quota or transfer warning, our system will automatically do either of the following: add more transfer, add more space and/or upgrade your plan. To prevent our system from automatically adjusting your account, please set up your alarms so you can do the upgrades. There is no penalty if we update/upgrade your account.Our Acceptable Use Policy indicates that customers should keep mail to a 10MB (10,000KB) limit. It is important to manage your mailbox because:
1. Hard disk resource levels are improved.
2. Service interruptions are prevented by allowing /tmp more breathing room.
3. Service interruptions are prevented by putting less strain on the POP3 daemon.
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Cancellations
To cancel your service, you must fill out the following form. You are required to cancel 24 hours prior to your account renewing. There are no refunds. All sales are final.
Billing Terms
On the sign up date of every month, our automatic billing system will charge your credit card the amount for the monthly period. All shared Linux based web hosting accounts are subject to a month to month commitment.
CMG Business Hosting accepts Visa and MasterCard as forms of payment along with a Pay Pal option. For more information, please email billing@cmgbusinesshosting.com.
Pay Pal
CMG Business Hosting accepts payments through Pay Pal. This allows you to pay for your monthly hosting fees using your checking account vs. credit card. Here are some instructions if you would like to use Pay Pal for your monthly services:
1. Contact our staff at https://www.cmgbusinesshosting.com/clients and let us know that you will be paying from now on using your Pay Pal account.
NOTE: If you do not do this, your credit card will continue to be charged.
2. Send payment using Pay Pal to sales@cmgbusinesshosting.com every month for the total charges before your payment is due.
3. When you are making your payment, you must enter in your domain name (Ex. domainname.com) in the "email subject" and "notes" field so we know what account to credit when we receive your payment. If you have multiple accounts with us, please explain this in the notes field.
If you do not have a Pay Pal account, please click here and sign up for a free Pay Pal account.
Late Payments
CMG Business Hosting retains the right to suspend your control panel and/or account for failure to pay. It is your responsibility to inform CMG Business Hosting if important information such as location and payment information changes. Example: Physical address change, credit card number changes, credit card expires, etc. You may contact CMG Business Hosting through our trouble ticketing system located at: https://cmgbusinesshosting.com/clients.
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Content Limitations
For answers to any of your questions regarding content limitations, please send e-mail to help@cmgbusinesshosting.com.
CMG Business Hosting will not host or be in anyway part of the following practices:
- Hate Material
- Spam
- Pornographic Material
- Online Casinos/Gambling
- Warez
- Telnet CGI Scripts
Anything Taking Up More Than 5% Of System Resources
Copyright/Trademark Violations
If CMG Business Hosting finds that any of the above is occurring on our network, we will terminate the account immediately.
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