Terms Of Service
What do "free disk space, data transfer, and email storage" mean?
It's pretty straightforward: Customers who use HMC Hosting can obtain free disk space, data transfer, and
email storage if they use their services consistently with these paragraphs.
What is appropriate usage?
HMC Hosting is designed to serve the web hosting needs of small, independently owned and operated
businesses in a single country. It is not appropriate to use our services to support large enterprises or
internationally based businesses with a sustained demand that places undue burden on our systems or
negatively impacts use by small, independently owned and operated businesses. HMC Hosting is a shared
web hosting service, which means that a number of customers' web sites and other email or storage services
are hosted from the same server. HMC Hosting uses abuse controls to help ensure that use of our services
does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use
an account primarily as an online storage space or for archiving electronic files.
Disk space:
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as
large as necessary to meet your small business needs, but to ensure a great experience for all, we will place
some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well
within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is
appropriate.
Data transfer:
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors
to your web site will be able to download and view as much content from your site as they like. However, in
certain circumstances, our server processing power, server memory, or abuse controls could limit
downloads from your site. You can also upload as much as content as you like each month, subject only to
the Terms of Service and the rules that control how fast your site can grow (see above).
Email storage:
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of
Service and these paragraphs. HMC Hosting will increase your space along with your appropriate small
business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a
short delay while we assess your usage. In some cases, creating additional folders or subfolders will help
ensure that the system works well for everyone.
ACCEPTABLE USE POLICY & TERMS OF
SERVICE
The following is the entire Acceptable User Policy agreement between HMC Hosting and the personal or
corporate account holder. HMC Hosting provides World Wide Web Hosting, Marketing, and Development.
HMC Hosting has certain legal and ethical responsibilities consisting with the use of its servers and
equipment involved in these services. HMC Hosting general policy is to act as a provider of Internet
presence. HMC Hosting reserves the rights to suspend or cancel a customer's access to any or all services
provided by HMC Hosting 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 HMC Hosting is strictly prohibited.
HMC Hosting 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 theft, security hole scanning, etc. Any unauthorized use of accounts or computers by
YOU, whether or not the attacked account or computer belongs to HMC Hosting, will result in action
against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or
criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE - HMC Hosting 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. YOU may not run IRC, bots or clients
on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited
emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark
infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link
farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All)
and/or anything else determined by HMC Hosting to be unacceptable use of our services including abuse of
server resources. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are
out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are
responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure
their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or 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; promoting physical harm or injury against any group or individual; displaying material
containing obscene nudity or pornographic material (not applicable to managed dedicated servers);
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.
STORAGE SPACE ABUSE
HMC Hosting will not tolerate any form of storage space abuse. At least 90% of YOUR web pages
("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on HMC Hosting servers. Website that are
found to contain either/or no HTML documents, a large number of unlinked files are subject to files
deletion or account cancelation at the discretion of HMC Hosting Management, with or without prior
notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the
amount allocated to YOUR specific web hosting plan. Thereafter, normal website data storage costs
$0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will
be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in
YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location
clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must
pay for the overages IMMEDIATELY once billing or HMC Hosting has the sole decision to deactivate any
and all servers. HMC Hosting will be the sole arbiter as to what constitutes a violation of this provision.
BANDWIDTH ABUSE
The intention of HMC Hosting is to provide a large bandwidth to transfer web documents, and not an offsite
storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to
remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not
qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to
YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR
account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will
have 3 days to pay for your overages. Failure to do so will result in YOUR website
being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location
clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages
IMMEDIATELY once billing or HMC Hosting has the sole decision to deactivate any and all servers. HMC
Hosting will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in
account cancelation. HMC Hosting takes a zero-tolerance approach to SPAM originating from its servers or
for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per
unsolicited email message sent and delete YOUR account with any prior notice. The following activities are
not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for signatures, and political or religious tracts
(such messages may only be sent to those who have explicitly requested it from your domain); Forging,
altering or removing electronic mail headers - any domain sending stealth spam will be terminated without
warning and without refund. Sending numerous copies of the same or substantially similar message with the
intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting
may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is
allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will
be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through
language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message
may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person
any further messages. NOTE - If YOU use the services of another provider to promote a website hosted by
or through HMC Hosting ("spamvertising"), then the provisions of the above policy shall apply as if the
SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with
HMC Hosting at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT ("SLA") &
SPECIFICATIONS - HMC Hosting endeavors to have the content of YOUR website available for http
access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as
100% packet loss from HMC Hosting to its backbone providers. Downtime is measured past 10 minutes
after notification of network failure via HMC Hosting's online ticketing system. If the ticketing system itself
is unreachable, the ticket must be started by calling the HMC Hosting NOC.
HMC Hosting's administrators will determine the end of the downtime by a traceroute to YOUR machine
from outside the HMC Hosting network. (3a.) SHARED HOSTING CREDITS - In the event that YOUR
website is unavailable for less than 100%, HMC Hosting will credit the following month's service fee as
follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the
maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime
Credit:
95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.) MANAGE
DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and
99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the
guaranteed level of availability of the Customer's services during the month and the calculated actual level
of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services
during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional
credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to
exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit
on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the
downtime. You must request credit by sending an e-mail message to billingsupport@HMC Hosting. For
security, the body of this message must contain YOUR account number, the dates and times of the
unavailability of YOUR website, and such other customer identification requested by HMC Hosting.
Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account
shall be YOUR sole and exclusive remedy in the event of an outage. (4.) RESTRICTIONS - Credit shall not
be provided to YOU in the event that you have any outage resulting from:
scheduled maintenance as posted from time to time at HMC Hosting,
your behavior or the performance or failure of your equipment, facilities or applications,
circumstances beyond HMC Hosting's reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or
third party services, including DNS propagation, domain name registration/transfer, failure of third party
software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed
for provision of your web site,
YOU breaking any agreement policy in HMC Hosting's "Terms & Conditions and AUP" causing a
machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
HMC Hosting provides technical support for YOU that encompasses within our area of expertise only. Such
expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers
within our immediate responsibility and any other hosting related issues. However, in under no
circumstances is HMC Hosting neither obligated to help YOU in the installations of new application
modules, templates and/or programming languages, nor in providing assistance for any errors produced by
any applications that have been modified by YOU previously. We will only provide assistance in making
sure any EasyApps applications that are installed through the cPanel control panel interface are installed as
directed.
CGI SCRIPTS
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU
wish, however we reserve the rights to disable any CGI script that effects normal shared server operation
without prior notice. (this section does not apply to managed dedicated servers)
CHAT ROOMS
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving
it with HMC Hosting. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python,
Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to
be large system hogs and we cannot allow it as an account option. However, web based forums such as
vBulletin, phpBB or similar forum scripts are acceptable.
FILE SERVER
HMC Hosting installed and provides special file-servers in our network infrastructure for YOUR benefit as
a means of storage for electronic files and applications that are not dynamically generated and is
downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and
anything else we deemed as downloadable and not dynamically generated scripting languages are to be
stored within these file-servers, away from the web-servers. This Policy does not apply for image files
formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within HMC
Hosting's file-servers must be legally-owned and be accompanied with a valid license and/or copyright.
This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we
discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion
without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own
backup locally or
elsewhere other than within the HMC Hosting's servers. If YOU are found to not adhere to this Policy, the
offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is
only available for HMC Hosting's SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more
than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per
email message. If YOU violate HMC Hosting policies persistently in email activities, YOUR account will
be suspended and deleted.
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.
(This section does not apply to managed dedicated servers).
IRC
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on
our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or
execution of a script and/or binary that runs in the background or listens to any given port are also strictly
prohibited.
PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major
account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. HMC
Hosting 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. YOU are responsible for all fees owed on the account from the time it was
established to the time that YOU notifies HMC Hosting to request for termination of services. All payment
is in U.S. currency. HMC Hosting will bill each client $50 per returned check, per wire transfer received
and per credit card chargeback received. All HMC Hosting accounts are setup on anniversary billing cycles.
YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR
account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the
end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle,
there will be a $50.00 fee. Please contact the billing department at billingsupport@HMC Hosting should
you wish to change your anniversary billing cycle.
CANCELATION OF SERVICE
HMC Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will
be pro-rated and paid by HMC Hosting if we institutes our right of cancelation. Any violation of policies
which results in extra costs billed to YOU (i.e. transfer, space etc.). All of HMC Hosting's PLANS are
backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support
within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount
excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable
only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount
less any setup fees and overages will be refunded if HMC Hosting is notified within the first 30 days
following activation. This policy does not apply to any additional services such as overages, referrer logs,
real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit
card payment, refunds will be made to a PayPal account made available by the Customer after the 120th
day. Refund policy will not be made available to Customers using wire transfers. All account cancelations
must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will
not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERS
HMC Hosting may offer subsequent promotional rates or special offers, the terms of which may or may not
be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications
shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional
terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern.
Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through HMC Hosting's services may be subject to protection under the United
States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information.
Except when expressly permitted by the owner of such rights, YOU must not use HMC Hosting or its
servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with
respect to any material that you access or receive through the HMC Hosting network. If YOU use a domain
name in connection with HMC Hosting or similar service, YOU must not use that domain name in violation
of any trademark, service mark, or similar rights of any third party.
NETWORK SECURITY
Customers may not use the HMC Hosting network with an attempt to circumvent user authentication or
security of any host, network, or account. This includes, but is not limited to, accessing data not intended
for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or violation of any other organization's
security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This
includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a
host or network. HMC Hosting will cooperate fully with investigations for violations of systems or network
security at other sites, including cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate system or network security may incur criminal or civil
liability.
ELECTRONIC COMMERCE
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and
products along with all content and materials appearing online or on YOUR products, including without
limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or
related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related
to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the
content and materials appearing within the store or related to YOUR products are not libelous or otherwise
illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax.
YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for
handling any customer inquiries or complaints arising there from. YOU are also responsible for the security
of any customer credit card numbers and related customer information YOU may access as a result of
conducting electronic commerce transactions through YOUR website. YOU will keep all such information
confidential and will use the same degree of care and security as YOU use with your confidential
information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly (i) grant to HMC Hosting a license to cache the entirety of YOUR website, including
content supplied by third parties, hosted by HMC Hosting under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third
party's intellectual property rights.
IP ADDRESS OWNERSHIP
HMC Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to
YOU by HMC Hosting. HMC Hosting reserves, in its sole discretion, the right to change or remove any and
all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay HMC Hosting prior to the effectiveness of the desired domain name registration, the
then-current amount set forth in the HMC Hosting price schedule for the initial registration of the domain
name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees
are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or
transferred prior to the end of YOUR then current registration term. HMC Hosting reserves the right to
change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole
discretion. YOUR requested domain name will not be registered unless and until we receive actual payment
of the registration fee, and have confirmed YOUR registration in an email from HMC Hosting to the email
address indicated in YOUR registration application. In the event of a chargeback by a credit card company
(or similar action by another payment provider allowed by HMC Hosting) in connection with the payments
of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain
name registration shall be transferred to HMC Hosting as the paying entity for that registration to the
registry and that we reserve all rights regarding such domain name including, without limitation, the right to
make the domain name available to other parties for purchase. HMC Hosting will reinstate YOUR domain
name registration solely at HMC Hosting discretion, and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee. Transfer domain registrar to HMC Hosting YOU agrees
to pay HMC Hosting prior to the effectiveness of the desired domain name transfer request, the then-current
amount set forth in the HMC Hosting price schedule for the initial transfer request of the domain name.
YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for
the following reasons, but not limited to:
No response from the Registered Name Holder or Administrative Contact
Domain name in Registrar Lock Status
Domain name registration period time expires or other constraints, other than during the first 60 days of
initial registration or during the first 60 days after a registrar transfer HMC Hosting reserves the right to
change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole
discretion. YOUR requested domain name will not be
registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR
registration in an email from HMC Hosting to the email address indicated in YOUR registration application.
In the event of a chargeback by a credit card company (or similar action by another payment provider
allowed by HMC Hosting) in connection with the payments of the registration fee for YOUR domain name
registration, YOU agrees and acknowledges that the domain name registration shall be transferred to HMC
Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such
domain name including, without limitation, the right to make the domain name available to other parties for
purchase. HMC Hosting will reinstate YOUR domain name registration solely at HMC Hosting discretion,
and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from HMC Hosting HMC Hosting reserves all rights, without limitation, to
reject the domain name transfer request for the following reasons, but not limited to:
No response from the Registered Name Holder or Administrative Contact
Domain name in Registrar Lock Status and there is no request from Registered Name Holder or
Administrative Contact for the status change
Domain name registration period time will be expiring in less than 60 days or other constraints, other
than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU
agree and acknowledge that the failure or success of a domain name transfer will be his/her sole
responsibility, and HMC Hosting will not be held liable for the failure of a domain name transfer for any
reason.
LAWFUL PURPOSE
HMC Hosting reserves the right to refuse service to anyone. YOU may only use HMC Hosting server for
lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We
reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not
permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any
applicable law or regulation is prohibited. This includes but not limiting material protected by copyright,
trademark, trade secret or other intellectual property right used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-
acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives",
"Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as
such described above is left entirely to the discretion of HMC Hosting management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that HMC
Hosting may disclose any and all YOUR information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written request without further consent or
notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this
contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont,
California. Defendants further waive all objections to venue and acknowledge that venue in any such
litigation will be held in Fremont courts. IN NO EVENT SHALL HMC Hosting'S MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
INDEMNIFICATION
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HMC Hosting HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HMC Hosting, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD HARMLESS HMC Hosting AGAINST LIABILITIES ARISING OUT OF: (1)
ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH HMC Hosting'S SERVER. (2) ANY MATERIAL SUPPLIED
BY THE 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 HMC Hosting'S SERVER.
DISCLAIMER
HMC Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. HMC Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. HMC Hosting 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 HMC Hosting
AND ITS EMPLOYEES. HMC Hosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HMC Hosting MUST
ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL
BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
PRIVACY STATEMENT
HMC Hosting follows the strict guidelines of our customer privacy statement. Please make sure you
understand this statement fully.