Terms and Conditions for the use of this web content management system
1. ACCEPTANCE OF TERMS
Multi Media Machine Ltd. provide the web designing and hosting service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you; provided that, we will not alter Section 7 ("Content Submitted to MULTI MEDIA MACHINE LTD") without prior notice to and acceptance by you.
2. DESCRIPTION OF SERVICE
MULTI MEDIA MACHINE LTD currently provides users with access to on-line resources, including web page hosting services and the ability to use a template to develop web pages (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new resources or software, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MULTI MEDIA MACHINE LTD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MULTI MEDIA MACHINE LTD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from MULTI MEDIA MACHINE LTD, such as service announcements or administrative messages (whether by telephone, fax, email or letter), and that these communications are considered part of the Service and you will not be able to opt out of receiving them.
We will not disclose your information unless we need to for the purposes of crime prevention or otherwise legally compelled to do so.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MULTI MEDIA MACHINE LTD, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. MULTI MEDIA MACHINE LTD does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) 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);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any regulations having the force of law;
(j) (otherwise than in the ordinary course of business) collect or store personal data about other users other than for the purposes of running any forum, chat room or the like set up by MULTI MEDIA MACHINE LTD;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
6. CONTENT SUBMITTED TO MULTI MEDIA MACHINE LTD
MULTI MEDIA MACHINE LTD does not claim ownership of the Content you place on your site through the Service. By submitting Content to MULTI MEDIA MACHINE LTD for inclusion on your site, you grant MULTI MEDIA MACHINE LTD the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site on the internet. This license exists only for as long as you continue to use the Service.
You acknowledge that MULTI MEDIA MACHINE LTD does not pre-screen Content, but that MULTI MEDIA MACHINE LTD and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, MULTI MEDIA MACHINE LTD and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold MULTI MEDIA MACHINE LTD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service (except as authorised by MULTI MEDIA MACHINE LTD).
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MULTI MEDIA MACHINE LTD may establish general practices and limits concerning use of the Service, which may be notified to you from time to time.
10. MODIFICATIONS TO SERVICE
MULTI MEDIA MACHINE LTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, should it become apparent to MULTI MEDIA MACHINE LTD that you are in breach of the terms of the TOS. You agree that MULTI MEDIA MACHINE LTD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MULTI MEDIA MACHINE LTD, in its sole discretion, may terminate your password, use of the Service or use of any other service, and remove and discard any Content within the Service, for any reason, including, without limitation, if MULTI MEDIA MACHINE LTD believes that you have violated or acted inconsistently with the letter of the TOS. MULTI MEDIA MACHINE LTD may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, you agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MULTI MEDIA MACHINE LTD may immediately deactivate or delete your site and all related information and files in your site and/or bar any further access to such files or the Service. Further, you agree that MULTI MEDIA MACHINE LTD shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MULTI MEDIA MACHINE LTD has no control over such sites and resources, you acknowledge and agree that MULTI MEDIA MACHINE LTD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MULTI MEDIA MACHINE LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. MULTI MEDIA MACHINE LTD PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MULTI MEDIA MACHINE LTD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MULTI MEDIA MACHINE LTD for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. MULTI MEDIA MACHINE LTD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) MULTI MEDIA MACHINE LTD makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from MULTI MEDIA MACHINE LTD or through or from the service shall create any warranty not expressly stated in the TOS.
15. LIMITATION OF LIABILITY
You expressly understand and agree that MULTI MEDIA MACHINE LTD 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, use, data or other intangible losses (even if MULTI MEDIA MACHINE LTD 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) unauthorised 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.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
MULTI MEDIA MACHINE LTD respects the intellectual property rights of others and you agree to do the same.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MULTI MEDIA MACHINE LTD and govern your use of the Service, superseding any prior agreements between you and MULTI MEDIA MACHINE LTD in relation to the Service (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other MULTI MEDIA MACHINE LTD services, third-party content or third-party software. The TOS and the relationship between you and MULTI MEDIA MACHINE LTD shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
CONTENT AND CUSTOMER'S RESPONSIBILITY
Multi Media Machine Ltd will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information held on or passed via its servers. Multi Media Machine Ltd shall make no effort to validate any information passing through its servers for content, correctness, usability or for any other reason.
The Multi Media Machine Ltd Usage Policy has been developed with the following objectives:
.Ensure security, reliability and privacy of the Multi Media Machine Ltd's systems and network, and the networks and systems of others.
.Maintain the image and reputation of the Multi Media Machine Ltd as a responsible provider.
.Preserve the value of Internet resources as a conduit for free expression.
.Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.
.Avoid situations that may cause the Multi Media Machine Ltd to incur civil liability.
.Preserve the privacy and security of individual users.
We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.
1. Customers are prohibited from transmitting on or through any of the Multi Media Machine Ltd services, any material that is, in the Multi Media Machine Ltd sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
2. The Multi Media Machine Ltd services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. The Multi Media Machine Ltd reserves the right to remove such illegal material from its servers.
3. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
System and Network Usage
1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Customers must safeguard their account passwords to prevent unauthorised access to their account.
4. Users who violate systems or network security may incur criminal or civil liability. The Multi Media Machine Ltd will co-operate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations.
1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
8. Multi Media Machine Ltd accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.
1. The Multi Media Machine Ltd is not responsible for the content of any USENET posting, whether or not the posting was made by an Multi Media Machine Ltd Customer.
2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
4. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
5. Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
6. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
7. A customer may not solicit mail for any other address, other than that of the Customer's Multi Media Machine Ltd account or service, with the intent to harass or collect replies after the Multi Media Machine Ltd's service has been terminated.
IRC (Internet Relay Chat)
1. The Multi Media Machine Ltd is not liable for the content of any communications made on IRC.
2. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
3. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "take-overs" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.
1. The Multi Media Machine Ltd will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our Customers and any of their information stored on our servers. The Multi Media Machine Ltd will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
2. The Multi Media Machine Ltd will not monitor or disclose a Customer's private email messages unless required by court order or law. We will co operate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities.
Ownership of Web Site
1. Static web pages (HTML) and images designed by the Multi Media Machine Ltd for a Customer are the property of that Customer, and may be copied elsewhere by the Customer at any time before a period of one month after the contract with the Multi Media Machine Ltd is cancelled.
2. All server-side software ("CGI scripts") on the Multi Media Machine Ltd's servers, whether developed for the use of the Multi Media Machine Ltd or on behalf of a Customer, are the property of the Multi Media Machine Ltd and the use of these CGI scripts is only provided as a part of the Customer's contract. CGI scripts may not be copied or moved from the servers of the Multi Media Machine Ltd at any time.
3. Payment up front normally for the hosting or email services is generally at a discounted rate therefore non-refundable.
THE USAGE POLICY DEFINES THE ACTIONS WHICH THE MULTI MEDIA MACHINE LTD CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO MULTI MEDIA MACHINE LTD CUSTOMERS.