CM Domain Industries, Inc. (CMDI) provides World Wide Web page hosting, e-mail, and FTP
services on the Internet. CMDI has certain legal and ethical responsibilities regarding
the use of its computer network and equipment involved in these services.
CMDI's general policy is to act as a neutral provider of access to the global Internet.
CMDI has specific ethical concerns regarding the use of its computers detailed below. CMDI
reserves the right to suspend or cancel a customer's access to any or all services
provided by CMDI when CMDI decides that the account has been inappropriately used.
CMDI will strongly react to any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include "social engineering"
(tricking other people into releasing their passwords), password cracking, security hole
scanning etc.
Any unauthorized use of accounts or computers by a CMDI customer, whether or not the
attacked account or computer belongs to CMDI, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and civil or
criminal legal action, according to the seriousness of the attack.
"Spamming"
CMDI customers are prohibited from sending unsolicited e-mail. Sending unsolicited
e-mail will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting may result in account suspension or
cancellation. See the newsgroup or mailing list's charter for whether advertising is
allowed or not. "Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five recipients, is by
itself spamming unless the individuals have specifically requested to be added to a
mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
Abuse of Traffic and Storage
CMDI customers are offered high traffic and storage limits for their web sites. The
intention of CMDI is to provide a large space to serve web documents, not an offsite
storage area for electronic files. All web pages (html) must be 'linked' with all files
(.gif, .jpeg, .exe, etc.) stored on CMDI's server. Web sites that are found to contain no
html documents or a number of unlinked files are subject to warning, suspension or
cancellation at the discretion of CMDI management.
CMDI will not host music, video, or software archive sites that violate any copyright
laws in any file format. Any sites that are found to contain this content will be warned,
suspended or canceled at the discretion of CMDI management.
Cancellation
CMDI anticipates that its costs for providing services under this Agreement will
increase annually. Accordingly, CMDI reserves the right to increase its fees annually.
CMDI will provide you with at least thirty (30) days prior notice of fee increases.
Services must be paid for in advance. For service orders not paid for the full year in
advance, billing will occur quarterly in advance from the date of the establishment of the
account with CMDI. In the event either party terminates this agreement prior to the end of
any one-year term, fees paid in advance will be reimbursed on a pro rata basis. Services
not paid for in advance shall not be provided. Accordingly, CMDI expressly reserves the
right to remove a Web Site from its servers for failure to pay fees. You expressly agree
that CMDI is not required to provide notice of payment default or notice of discontinuance
of service for failure to pay fees under this agreement.
Lawful Purpose
CMDI reserves the right to refuse service to anyone. Customers may only use CMDI's
server for lawful purpose. Transmission of any material in violation of any Federal, State
or Local regulation is prohibited. This includes, but is not limited to copyrighted
material, material legally judged to be threatening or obscene, and material protected by
trade secrets. CMDI expressly forbids anyone from using CMDI's servers for the
propagation, distribution, housing, processing, storing, or otherwise handling in any way
lewd, obscene, or pornographic material, or any other material which we deem to be
objectionable, including, but not limited to, pornography, hate materials, and any and all
materials of an adult nature. The designation of any materials as such described above is
left entirely to the discretion of CMDI management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold CMDI harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against CMDI, 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 CMDI against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed in connection with
CMDI'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 CMDI's server.
Disclaimer
CMDI will not be responsible for any damages your business may suffer. CMDI makes no
warranties of any kind, expressed or implied for services we provide. CMDI disclaims any
warranty of merchantability or fitness for a particular purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by CMDI and its employees. CMDI reserves the right to revise its
policies at any time.