1 DEFINITIONS
1.1 In this Agreement the following words
and expressions shall have the following
meanings:
1.1.1 "Downtime" means
any service interruption in the availability
to visitors
of the Website;
1.1.2 "intellectual property rights" means
patents, trade marks, design rights, applications
for any of the foregoing, copyright, topography
rights, database rights, rights in know-how,
trade or business names and other similar
rights or obligations, whether register
able or not in any country;
1.1.3 "cmmwebsites.com, cmmwebsites.com
Technologies Ltd or cmmwebsites.com” means
cmmwebsites.com
1.1.4 "IP address" stands
for internet protocol address which is
the
numeric address for the server;
1.1.5 "ISP" stands
for internet service provider;
1.1.6 "Server" means
the computer server equipment operated
by cmmwebsites.com
limited in connection with the provision
of the Services;
1.1.7 "The Services" means
web hosting, domain name registration,
email
and any other services or facilities provided
by cmmwebsites.com.
1.1.8 "Spam" means
sending unsolicited and or bulk emails;
1.1.9 "virus" means a computer
programme that copies itself or is copied
to other storage media, including without
limitation magnetic tape cassettes, memory
chips, electronic cartridges, optical discs
and magnetic discs, and destroys, alters
or corrupts data, causes damage to the
user's files or creates a nuisance or annoyance
to the user and includes without limitation
computer programs commonly referred to
as "worms" or "Trojan horses";
1.1.10 "visitor" means
a third party who has accessed the Website;
1.2 Product specifications and details
may be found at www.cmmwebsites.com.
1.3 Words denoting the singular shall
include the plural and vice versa and words
denoting any gender shall include all genders.
1.4 The headings of the paragraphs of
this Agreement are inserted for convenience
of reference only and are not intended
to be part of or to affect the meaning
or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide cmmwebsites.com
Technologies limited with data that will
be hosted on cmmwebsites.com
servers and made accessible via the Internet.
2.2 cmmwebsites.com provides
web hosting services and has agreed to
host the Customer's data upon the following
terms and conditions.
3 DUTIES
3.1 cmmwebsites.com shall
provide to the Customer the Services specified
in their order subject to the following
terms and conditions.
3.2 The Customer shall
deliver to cmmwebsites.com
the Website and
the software used in the Website which
is owned
by the Customer, or licensed to him
by a third party or cmmwebsites.com
limited ("the Customer Software),
in a format specified by cmmwebsites.com
limited .
4 CHARGES, PAYMENT AND MONEY BACK GUARANTEE
4.1 Payment methods include cash. Cash
postage is at your own risk
4.8 Pro-rata refunds will not be issued
for yearly services that are cancelled
before then end of the year.
5 IP ADDRESSES
5.1 cmmwebsites.com shall
maintain control and ownership of the IP
address that is assigned to the Customer
as part of the Services and reserves the
right in its sole discretion to change
or remove any and all IP addresses.
5.2 Where cmmwebsites.com
changes or removes any IP address it shall
use its reasonable endeavours to avoid
any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer
requires use of software owned by or
licensed to cmmwebsites.com
Technologies
limited ("cmmwebsites.com
software") in order to use the Services,
cmmwebsites.com grants to
the Customer and its employees, agents
and third party consultants and contractors,
a royalty-free, world-wide, non-transferable,
non-exclusive licence to use cmmwebsites.com
limited Software in object code form only,
in accordance with the terms of this Agreement.
For the avoidance of doubt, this Agreement
does not transfer or grant to the Customer
any right, title, interest or intellectual
property rights in cmmwebsites.com
limited Software.
6.2 In relation to cmmwebsites.com
Technologies limited obligations under
this Agreement
in connection with the provision of the
Services, the Customer grants to cmmwebsites.com
Technologies limited a royalty-free, world-wide,
non-exclusive licence to use the Customer
Software and all text, graphics, logos,
photographs, images, moving images, sound,
illustrations and other material and related
documentation featured, displayed or used
in or in relation to the Website ("the
Content"). For the avoidance of doubt,
this Agreement does not transfer or grant
to cmmwebsites.com any right,
title, interest or intellectual property
rights in the Customer Software or the
Content.
6.3 The Customer undertakes that, he will
not himself or through any third party,
sell, lease, license or sublicense cmmwebsites.com
Technologies limited Software.
6.4 cmmwebsites.com may
make such copies of the Customer Content
as may be necessary to perform its obligations
under this Agreement, including back up
copies of the Content. Upon termination
or expiration of this Agreement, cmmwebsites.com
Technologies limited shall destroy all
such copies of the Content and other materials
provided by the Customer as and when requested
by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 cmmwebsites.com shall
use its reasonable endeavours to make the
server and the Services available to the
Customer 100% of the time but because the
Services are provided by means of computer
and telecommunications systems, cmmwebsites.com
Technologies limited makes no warranties
or representations that the Service will
be uninterrupted or error-free and cmmwebsites.com
Technologies limited shall not, in any
event, be liable for interruptions of Service
or Downtime or downtime or of the server.
7.2 cmmwebsites.com carries
out data backups for use by cmmwebsites.com
limited in the event of systems failure.
cmmwebsites.com do not provide
data restoration facilities for individual
customers. Even though every effort is
made to ensure data is backed up correctly
cmmwebsites.com accepts no
responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The Website and use of the Services
may be used for lawful purposes only and
the Customer may not submit, publish or
display any content that breaches any law,
statute or regulation. In particular the
Customer agrees not to:
8.1.1 Use the Services
or the Website in any way to send unsolicited
commercial
email or "spam", or any similar
abuse of the Services;
8.1.2 send email or any type of electronic
message with the intention or result of
affecting the performance of any computer
facilities;
8.1.3 Publish, post, distribute or disseminate
defamatory, obscene, indecent or other
unlawful material or information, or any
material or information which infringes
any intellectual property rights (for the
avoidance of doubt this includes licensed
software distributed as Warez), via the
Services or on the Website;
8.1.4 Threaten, abuse, disrupts or otherwise
violates the rights (including rights of
privacy and publicity) of others;
8.1.5 Engage in illegal or unlawful activities
through the Services or via the Website;
8.1.6 Make available or upload files to
the Website or to the Services that the
Customer knows contain a virus, worm, Trojan
or corrupt data; or
8.1.7 Obtain or attempt to obtain access,
through whatever means, to areas of cmmwebsites.com
Technologies network or the Services which
are identified as restricted or confidential.
This includes leaving your home directory
whilst using SSH access to servers.
8.1.8 Operate or attempt to operate IRC
bots or other permanent server processes.
8.2 The Customer has full responsibility
for the content of the Website. For the
avoidance of doubt, cmmwebsites.com
limited is not obliged to monitor, and
will have no liability for, the content
of any communications transmitted by virtue
of the Services.
8.3 If the Customer fails to comply with
the Acceptable Use Policy outlined in Clause
8.1 cmmwebsites.com shall
be entitled to withdraw the Services and
terminate the Customer's account without
notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the Website
shall be made by the Customer using the
online account management facility, FTP
access or SSH access where available. The
Customer will be issued with a user name
and password in order to access the account.
The Customer must take all reasonable steps
to maintain the confidentiality of this
user name and password. If the Customer
reasonably believes that this information
has become known to any unauthorised person,
the Customer agrees to immediately inform
cmmwebsites.com and the password
will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents
to cmmwebsites.com that cmmwebsites.com
Technologies use of the Content or the
Customer Software in accordance with this
Agreement will not infringe the intellectual
property rights of any third party and
that the Customer has the authority to
license the Content and the Customer Software
to cmmwebsites.com as set
out in Clause 6.2.
10.2 All conditions, terms, representations
and warranties that are not expressly stated
in this Agreement, whether oral or in writing
or whether imposed by statute or operation
of law or otherwise, including, without
limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose
are hereby excluded. In particular and
without prejudice to that generality, cmmwebsites.com
Technologies limited shall not be liable
to the Customer as a result of any viruses
introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold
cmmwebsites.com and its employees
and agents harmless from and against all
liabilities, legal fees, damages, losses,
costs and other expenses in relation to
any claims or actions brought against cmmwebsites.com
Technologies limited arising out of any
breach by the Customer of the terms of
this Agreement or other liabilities arising
out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions
shall exclude or limit cmmwebsites.com
limited liability for death or personal
injury resulting from cmmwebsites.com
limited negligence or that of its employees,
agents or sub-contractors.
12.2 The entire liability of cmmwebsites.com
Technologies limited to the Customer in
respect of any claim whatsoever or breach
of this Agreement, whether or not arising
out of negligence, shall be limited to
the charges paid for the Services under
this Agreement in respect of which the
breach has arisen.
12.3 In no event shall cmmwebsites.com
limited be liable to the Customer for any
loss of business, loss of opportunity or
loss of profits or for any other indirect
or consequential loss or damage whatsoever.
This shall apply even where such a loss
was reasonably foreseeable or cmmwebsites.com
Technologies limited had been made aware
of the possibility of the Customer incurring
such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective
on the date the service is ordered and
shall continue until terminated by either
party in writing of its intention to terminate
the Agreement.
13.2 cmmwebsites.com shall
have the right to terminate this Agreement
with immediate effect by notice in writing
to the Customer if the Customer fails to
make any payment when it becomes due.
13.3 Either party may terminate this Agreement
forthwith by notice in writing to the other
if:
13.3.1 The other party commits a material
breach of this Agreement and, in the case
of a breach capable of being remedied,
fails to remedy it within a reasonable
time of being given written notice from
the other party to do so; or
13.3.2 The other party commits a material
breach of this Agreement which cannot be
remedied under any circumstances; or
13.3.3 The other party passes a resolution
for winding up (other than for the purpose
of solvent amalgamation or reconstruction),
or a court of competent jurisdiction makes
an order to that effect; or
13.3.4 The other party ceases to carry
on its business or substantially the whole
of its business; or
13.3.5 The other party is declared insolvent,
or convenes a meeting of or makes or proposes
to make any arrangement or composition
with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee
or similar officer is appointed over any
of its assets.
13.4 Any rights to terminate this Agreement
shall be without prejudice to any other
accrued rights and liabilities of the parties
arising in any way out of this Agreement
as at the date of termination.
13.5 On termination all data held in the
customers account will be deleted.
14 ASSIGNMENT
14.1 cmmwebsites.com may
assign or otherwise transfer this Agreement
at any time.
14.2 The Customer may not assign or otherwise
transfer this Agreement or any part of
it without cmmwebsites.com
prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any
delay or failure to perform any of its
obligations if the delay or failure results
from events or circumstances outside its
reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents,
war, fire, the act or omission of government,
highway authorities or any telecommunications
carrier, operator or administration or
other competent authority, the act or omission
of any Internet Service Provider, or the
delay or failure in manufacture, production,
or supply by third parties of equipment
or services, and the party shall be entitled
to a reasonable extension of its obligations
after notifying the other party of the
nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is
held invalid, illegal or unenforceable
for any reason by any Court of competent
jurisdiction such provision shall be severed
and the remainder of the provisions hereof
shall continue in full force and effect
as if this Agreement had been agreed with
the invalid illegal or unenforceable provision
eliminated.
17 NOTICES
Any notice to be given by either party
to the other may be sent by either email,
fax or recorded delivery to the address
of the other party as appearing in this
Agreement or such other address as such
party may from time to time have communicated
to the other in writing, and if sent by
email shall unless the contrary is proved
be deemed to be received on the day it
was sent or if sent by fax shall be deemed
to be served on receipt of an error free
transmission report, or if sent by recorded
delivery shall be deemed to be served 2
days following the date of posting.
18 ENTIRE AGREEMENT
Our network is based on gigabit technology which means that it runs at a speed of 1000 Mb per second. 
Certified CISCO Network, offering 99.99% network reliability using BGP4 network science.
servers, with hyper threading, making four CPU's, & providing extreme processing power
