Terms of Service
Terms of Service :
HMI Multimedia follows the strict guidelines of our customer privacy statement. Please make sure you understand the Privacy statement fully.
HMI Multimedia provides Internet World Wide Web page Hosting, Marketing, and Development as well as Print, Video and Multimedia production. HMI Multimedia has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
HMI Multimedia has specific ethical concerns regarding the use of its computers detailed below. HMI Multimedia reserves the right to suspend or cancel a customer's access to any or all services provided by HMI Multimedia when we decide that the account has been inappropriately used.
Server Abuse :
Any attempt to undermine or cause harm to a server, or customer, of HMI Multimedia is strictly prohibited.
Unauthorized use of other people's accounts or computers, HMI Multimedia will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a HMI Multimedia customer, whether or not the attacked account or computer belongs to HMI Multimedia, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - HMI Multimedia has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, , illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by HMI Multimedia to be unacceptable use of HMI Multimedia's services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
- Displaying material that exploits children under 18 years of age
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
Abuse of Traffic and Bandwidth :
HMI Multimedia's customers are privileged to be offered unlimited traffic for their web sites. The intention of HMI Multimedia is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on HMI Multimedia's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of HMI Multimedia management. Any customer who violates HMI Multimedia's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
HMI Multimedia will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam) :
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most 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 or six 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. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with HMI Multimedia will be terminated, you will be fined $200.00 per sent Spam. No refunds of hosting fees paid will be given if your account is terminated for Spam.
GUIDELINES TO FOLLOW
- The email MUST include a Valid From Address and a Valid Recipient Address .
- Commercial advertisements are unwelcome in most discussion groups and on most e-mail mailing lists.
CGI Scripts :
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 without prior warning.
Chat Rooms :
We do not allow clients to install their own chat rooms, without approving it with the HMI Multimedia Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server :
We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse.
Background Running Programs :
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
Backups are not guaranteed. While every effort is made to ensure that backups are successful, complete and up-to-date, backups are not guaranteed; clients are expected to keep backup copies of all files and e-mails uploaded to their web hosting accounts.
Payment Policies :
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. HMI Multimedia reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HMI Multimedia requesting termination of services. All payment is handled through Pay Pal.
HMI Multimedia reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HMI Multimedia if HMI Multimedia institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Lawful Purpose :
HMI Multimedia reserves the right to refuse service to anyone. Customers may only use HMI Multimedia servers 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. The designation of any materials as such described above is left entirely to the discretion of HMI Multimedia management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Orange County, California, and any dispute will be litigated or arbitrated in Orange County, California. The parties waive any objection based on inconvenient forum in the context any manner of dispute resolution commenced within the County of Orange,
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HMI Multimedia HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HMI Multimedia, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HMI Multimedia AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HMI Multimedia'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 HMI Multimedia'S SERVER.
HMI Multimedia WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. HMI Multimedia MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HMI Multimedia DISCLAIMS ANY WARRANTY OR 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 HMI Multimedia AND ITS EMPLOYEES. HMI Multimedia RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HMI Multimedia MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.