Commercial Media Corporation
1430 Joh Ave.
Suite 1430
Baltimore, MD 21227
You the customer agree to the below Terms of Service:
Billing:
Payments/Suspensions/Cancelations
If your invoice is not paid by midnight 4th day after it’s due date, services will be discontinued. If you do not make a payment on or by the 5th day after your invoice is due your server will be formatted, all data lost and it will be prepared for resale. All credit card paying customers are automatically charged at their montlhly reoccuring rate.
Operating System Reloads
Reloads are billed at $25.00 per reload.
Cancelation Policy:
All monthly and yearly contracts are auto renewed on their anniversary date. If you wish to cancel your service, you must do at least 7 full days prior to your anniversary date (days include weekends and weekdays). YOUR CANCELATION MUST BE DONE IN WRITING BY EMAIL TO: SUPPORT@COMMERCIALMEDIA.COM.
Refund Policy:
We offer full refunds if we do not deliver our services as per the invoice when you place your order (please read your invoice carefully and understand exactly what you are ordering before placing the order).
We do not offer refunds for reasons of purchasing inadequate bandwidth or server performance for your purpose. If the bandwidth you purchased or the server you purchased is inadequate for your purpose, please inform us prior to renting another server.
Payment Methods:
We accept PayPal, Visa and MasterCard as our available ways to purchase services.
Customer loss disclaimer:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, SERVICE OPTIONS, PROMISES, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Privacy Policy:
None of the information you submit to us will be shared, sold, reused in lists, or be used for any other purpose than to complete your transaction or address a customer service concern.
Abuse Policy:
Should we receive a notice of abuse (Copyright Infringement, Spam, Child Pornography, Hacking/Botnet/DDos related events) or find violations of our terms of service relating to your server, we reserve the right to disable the server immediately with no notice. In most cases (depending on the severity) we will contact you first and give you a chance to respond within 24 hours.
We have a zero tolerance policy on Child Pornography, Hacking/Botnet/dDoS related events. We realize some of our customers may be resellers and unaware of what some of their customers are hosting however we must protect the integrity of our network, and our upstream providers' networks. In these cases, we will notify you that we have either null-routed the offending IP or temporarily disabled the uplink port on the server(s). In all abuse related incidents, absolutely no refunds will be provided.
Shared / Re-Seller Policy:
1) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s). It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2) Transfers
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured differently. In some cases we may be unable to assist you in a transfer of data from an old host.
3) Resource Usage
User may not:
a) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
b) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
d) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
e) Participate in any file-sharing/peer-to-peer activities
f) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
g) Run cron entries with intervals of less than 15 minutes
4) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive a credit on your account according to this table:
(100% - 99.9% uptime) -- No Refund
(99.9% - 99.5% uptime) -- 10% Refund
(99.5% - 99% uptime) -- 15% Refund
(99% - 98% uptime) -- 20% Refund
(98% - 95% uptime) -- 50% Refund
(less than 95% uptime) -- 100% Refund
Approval of the credit is at the discretion of Commercial Media Corporation dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@commercialmedia.com with justification. All requests must be made in writing via email.
5) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Commercial Media Corporation does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Commercial Media Corporation will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
You the customer agree to the following Acceptable Use Policy:
The customer will not:
1) Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, child pornography, invasion of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
2) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
3) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
4) Upload, post or otherwise transmit any content any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "opt-in/opt-out," "bulk email" or any other form of solicitation. THIS MEANS NO SPAM. WE WILL REMOVE YOUR ACCOUNT AND TERMINATE YOUR SERVICES IMMEDIATLY WITH NO REFUND IF YOU ARE FOUND TO BE IN VIOLATION OF THIS TERM OF SERVICE.
5) Intentionally or unintentionally violate any applicable local, state, national, international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange.
6) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group of individuals, or promote any act of cruelty to animals. This may include, without limitation, providing instruction on how to assemble bombs, grenades, and other weapons, and creating "crush" sites.
Information Responsibility:
You, the customer, and not the provider, are entirely responsible for all content that you upload, post or otherwise transmit via the service. Commercial Media Corporation does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content.
Termination:
Commercial Media Corporation reserves the right to cancel services without refund due to a violation of our Acceptable Use/Abuse policy or a violation of our Billing terms.
Please provide us with: a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Trademarks
"Trademarks" refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks and other designations Commercial Media Corporation uses in connection with its products or services. Commercial Media Corporation makes no claim of ownership to the trademarks of any service provider (the "Vendor") whose products are listed on the Web Site, including any goodwill that arises from the use of those trademarks.
The COMMERCIAL MEDIA CORPORATION branded services are offered in the following jurisdictions: European Union, Argentina, Australia, Belize, Bolivia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Ecuador, El Salvador, Guyana, Honduras, Hong Kong, India, Japan, Jordan, Mexico, Montserrat, New Zealand, Nicaragua, Panama, Paraguay, Peru, Saudi Arabia, Singapore, South Korea, Suriname, Turkey, United Arab Emirates, Uruguay and Venezuela.
Accuracy of Information
Product and service specifications and other information not describing Commercial Media Corporation's services have either been provided by the Vendors or collected from publicly available sources. While Commercial Media Corporation makes every effort to ensure that the information on this Web Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site regarding Vendors and should be independently confirmed by you.
Commercial Media Corporation makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
No Endorsement
Mention of third-party products or services, including the use of trademarks or links to the web sites of Vendors, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Vendors or the related products or services. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Commercial Media Corporation.
User Disputes
You are solely responsible for your interactions with other Commercial Media Corporation Users. You agree that Commercial Media Corporation shall have no responsibility with regard to any interactions you may have with other Users.
Disclaimers
Commercial Media Corporation is not responsible for any incorrect or inaccurate Content posted on the Web Site, whether caused by users of the Web Site, Users or by any of the equipment or programming associated with or utilized in connection with the Web Site. Commercial Media Corporation is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site may be temporarily unavailable from time to time for maintenance or other reasons. Commercial Media Corporation assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. Commercial Media Corporation is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web Site.
Commercial Media Corporation shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on the Web Site, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on the Web Site. The information, services, products, and materials contained in this Web Site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis.
Commercial Media Corporation also makes no representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
UNDER NO CIRCUMSTANCES WILL COMMERCIAL MEDIA CORPORATION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEB SITE, ANY CONTENT POSTED ON THE WEB SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF COMMERCIAL MEDIA CORPORATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMERCIAL MEDIA CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. COMMERCIAL MEDIA CORPORATION SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEB SITE. IN NO EVENT WILL COMMERCIAL MEDIA CORPORATION BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF COMMERCIAL MEDIA CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMMERCIAL MEDIA CORPORATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE. THE WEB SITE AND THE CONTENT ARE PROVIDED "AS-IS"
Indemnity
You agree to indemnify and hold Commercial Media Corporation, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Web Site in violation of this Agreement or your violation of any law or the rights of a third party.
Other
These Terms of Use constitute the entire agreement between you and Commercial Media Corporation regarding the use of the Web Site, superseding any prior agreements between you and Commercial Media Corporation relating to your use of the Web Site. The failure of Commercial Media Corporation to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Commercial Media Corporation may contain links to other sites on the internet which are owned and operated by Vendors or other third parties. You acknowledge that Commercial Media Corporation is not responsible for the availability of, or the content located on or through, any external web site.
Permitted Use of Content
You may not copy, modify, redistribute, or publish any Content of the Web Site without the express written permission of Commercial Media Corporation or the owners of such Content if other than Commercial Media Corporation, unless such copying, modification, redistribution or publication is expressly permitted by the Web Site or through an integrated web site function (such as the emailing of User search results.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE
COMMERCIAL MEDIA CORPORATION MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE WEB SITE. COMMERCIAL MEDIA CORPORATION will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Commercial Media Corporation's equipment, transmitted over networks accessed by the Web Site, or otherwise connected with the use of the Web Site.
You acknowledge that cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, Commercial Media Corporation does not represent or warrant that the information accessible via our Web Site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on the Web Site or through any other services. Furthermore, due to the dynamic nature of the marketplace, all information regarding such matters is subject to change without notice. Commercial Media Corporation SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES.
Third-Party Sites
The Web Site contains links to other web sites. Commercial Media Corporation is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by Commercial Media Corporation. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore.
Not by way of limitation of the other provisions of this TOS Agreement, Commercial Media Corporation is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ colocation system/data against destruction, damage, taking, unavailability or other loss, and Commercial Media Corporation is not responsible for, and Subscriber is solely responsible for, fully insuring any/all colocation server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in Commercial Media Corporation’s possession or control or otherwise. Subscriber is solely responsible for packaging and removing from Commercial Media Corporation’s premises/control any/all colocation servers and equipment owned or controlled by Subscriber. Subscriber shall pay Commercial Media Corporation a $30.00 handling fee plus shipping costs per package for any server/equipment that Subscriber requests Commercial Media Corporation to ship. Any colocation server or equipment not removed within thirty (30) days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.
Governing Law and Venue
If there is any dispute about or involving the Web Site, you agree that the dispute will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Maryland and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Web Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
If you choose to access our site or other services, you agree to do so subject to the internal laws of the State of Maryland. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws.
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