TERMS OF USE

Content:
All services provided by CDS Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City, or any International laws is prohibited.

This includes, but is not limited to:

Copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless CDS Media from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all
CDS Media servers. This includes equally sites that links to such content.

If you are unsure whether or not your site falls into this category, feel free to contact us with a description before signing up for an account or publish material as an existing customer. If needed, we will inspect the content of the site to let you know. Our server software crawls our server to find offending material, and will turn a site off then notify us, so it is to your best interest to contact us if you are in doubt, before uploading the site.

CDS Media, as well as our backbone Internet provider are the sole arbiters in determining violations of this provision.

Also prohibited, are sites that promote any illegal activity or present content that may be damaging to CDS Media servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software.
Pornography and sex-related merchandising.
Violations of Copyrights.
Hacker programs or archives.
Warez sites.
Hate propaganda.

Software sales are at the discretion of CDS Media. Some sites would just be too busy to host on our machines. Ask first. CDS Media will be the sole arbiter as to what constitutes a violation of this provision.

All accounts
We have found most our customers to stay within "reasonable limits" However, to maintain the integrity of our service, we must state the following restrictions:

To all our accounts applies the following restrictions:

You Must have permission from CDS Media to have;
- Multiple hosts/sites resolving at an IP or domain name that we provide.
- Sites with cgi's running from their domain used on other domains - Not Allowed, Ever.
- Sites using more than 20% of system resources. Our software will shut down a site or part of a site that is using more than 20% of the system ram for more than 4 minutes.

Ultimate Bulletin Board Forums:
We no longer allow these on our servers. They consistently are a drain to the server. They look nice, but are "System Hogs", and are not allowed.

Commercial Advertising - E-mail:
Spamming, or the sending of unsolicited e-mail, from a CDS Media server or using an e-mail address or domain that is maintained on a CDS Media machine as reference is STRICTLY prohibited.
As delegated by our backbone provider, any sites using spam or selling of spam related software or bulk e-mail content will be closed.

CDS Media will be the sole arbiter as to what constitutes a violation of this provision.

Spamming WILL get your account terminated!

Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs

CRON JOBS:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of CDS Media is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Sub-domains:
CDS Media reserves the right to transfer any sub-domain in domains of its possession to an alternative domain.

Limitation of liability:
Your use of CDS Media's services are at your sole risk. All CDS Media services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

CDS Media makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the CDS Media service.

In no event will CDS Media be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use CDS Media's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage, or theft, destruction, unauthorized access, to, alteration of, or use of any record.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California - USA. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.

Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Los Angeles, CA, USA, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

CDS Media reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to CDS Media, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please don't submit an order!

Violations of these Acceptable Uses Policies and Terms of Service should be referred to info@cdsmedia.com

All complaints will be investigated promptly.

Serious violations of terms or conditions can be ground for immediate account deactivation without refund.

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