|
|
AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the
hosting services of MM Info Solutions, Cochin,
India. YOUR USE OF THE MM Info Solutions SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to
familiarise yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.
USER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide
MM Info Solutions with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use
MM Info Solutions to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
MM Info Solutions reserves the right to terminate your account without prior notice if
MM Info Solutions becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MMIS
Technologies Service you warrant to MMIS
Technologies that you will not use the MMIS
Technologies Service for any unlawful purpose.
TERMS OF PAYMENT
You agree to pay MM Info Solutions appropriate payment for the services received from
MM Info Solutions, in advance of the time period during which such services are provided. You agree to provide
MM Info Solutions with current billing and contact information and
authorise MM Info Solutions to bill all account and related charges to the credit card on file.
WEBSITE CONTENT
You are responsible for keeping a copy of their most current website files as backup on a remote system.
MM Info Solutions is not responsible for any lost files, information, or data.
USER RESPONSIBILITIES
You may not initiate any of the following on the
MM Info Solutions servers:
* Any process that requires more than 4Mb of memory space, more than 15 CPU seconds, or uses more than 1% of all available system resources at any time.
* Any type of interactive real-time chat applications that require server resources.
* Any other service that performs CGI services for any site not within the account, such as a banner exchange.
* Any stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD (internet relay chat daemon).
* Any software that interfaces with an IRC (Internet Relay Chat) network.
* Any site with adult-oriented content, including but not limited to any pornographic or sexually explicit material.
MM Info Solutions is required by law, to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through,
MM Info Solutions network.
* Any adult modeling site.
Users are also required to abide by the following rules:
* No database may be used for logging of information available through our server logs (ie traffic counters).
* Databases are only to be used for MM Info Solutions-hosted websites, and no outside access will be granted.
* No cron job may run more than once every two hours. Software such as HumanClick, LivePerson and other similar customer communication tools are fully allowed on our servers, as long as they are within the guidelines of this Agreement.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by
MM Info Solutions, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future
MM Info Solutions policy decisions.
ZERO TOLERANCE SPAM POLICY
MM Info Solutions takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without
notice. MM Info Solutions reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion.
MM Info Solutions also reserves the right to make any such modifications in an emergency at our sole discretion.
MONITORING OF SERVICE
You agree that MM Info Solutions has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
MM Info Solutions reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
MM Info Solutions also reserves the right to refuse refunds in cases where
MM Info Solutions believes abuse has taken place.
MM Info Solutions reserves the right to monitor any and all communications through or with our facilities.
SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.
REFUND POLICY
All payments are non-refundable.
TERMINATION
MM Info Solutions may terminate this agreement and your access to any or all
MM Info Solutions related services at any time, with or without cause, effective immediately.
MM Info Solutions shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by
MM Info Solutions to have violated these Terms of Service may be barred from receiving any services from
MM Info Solutions.
You may terminate this Agreement at any time by e-mailing the support department at
MM Info Solutions, who will then provide you with a form that must be completed and returned before your account can be cancelled. No refund shall be issued.
MM Info Solutions must receive all termination requests by midnight on the end of the previous month in order to avoid paying for the next month's service.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE MM Info Solutions SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MM Info Solutions EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE
MM Info Solutions SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
MM Info Solutions ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
MM Info Solutions, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
MM Info Solutions SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE
MM Info Solutions SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
MM Info Solutions RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT
MM Info Solutions IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM
MM Info Solutions AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
MODIFICATION OF TERMS
MM Info Solutions reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the
MM Info Solutions Website. You are responsible for regularly reviewing these documents. Continued use of the
MM Info Solutions Services after any such changes shall constitute your consent to such changes.
MM Info Solutions does not and will not assume any obligation to notify you of any changes to the Terms of Service.
|
