By submitting an order for any of our services, by posting or sending files to any of our servers, or by housing any equipment on our premises, you acknowledge that you have read, understand, and agree to fully abide by these terms, and that these terms supercede any other agreements, either written or verbal, pertaining to the use of our services.
You agree and warrant that the contact information you have provided to Hily Media is complete and accurate, and you further agree to notify us within ten days of a change to any such contact information. Contact information includes your full legal name, e-mail address, mailing address and telephone number, plus the names of any other authorized contacts for your account.
Your account is for your use only, and as the primary user, you agree to take full and complete legal responsibility for all usage of the account.
All services provided by Hily Media may be used for lawful purposes only. Any violations of laws that apply to Hily Media, or any jurisdiction that applies to you or your site is strictly prohibited. This includes but is not limited to copyrighted material, intellectual property and threatening material.
Sites that promote illegal activity or present content that is damaging to Hily Media are also strictly prohibited.
Illegal activity such as hacking and cracking that originates from your account is also strictly prohibited
You are responsible for backing up Your data on your own computer. Hily Media does not warrant or guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of your data. You agree that Hily Media will have no obligation or liability if any of your data becomes damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account.
We operate a zero tolerance spam policy regarding the distribution and delivery of unsolicited commercial email (UCE)
UCE is email that is sent to recipients who have not confirmed opt-In to mailings from the sender. If you send mass emails you must maintain complete and accurate records of all consents and opt-ins and provide such records to Hily Media upon request. If you cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited.
The transmission of unsolicited commercial email (UCE) using the Hily network in any way is strictly prohibited and any violation may result in immediate account termination without notice. This includes but is not limited to shared, virtual, reseller, and semi-dedicated server accounts.
Formmail scripts prior to Matt Wright’s formmail script version 1.9 or later are banned as security holes in the script can result in them being used as spamming tools.
Illegal adult orientated material involving minors under the age of 18, including but not limited to explicit pictures, pornographic or indecent pictures, will result in instant termination without notice. If resold accounts are found to contain illegal material, they will be terminated and the reseller informed.
Email that originates from our servers and contains explicit, pornographic or indecent pictures, or nudity of any kind, regardless of the age of the subject, will also result in instant termination without notice.
High Resource Usage
Resources are defined as CPU usage, memory usage and available system resources. When an account is found to be manipulating or abusing resources, either intentionally or unintentionally, Hily Media reserves the right to suspend, terminate, or make appropriate changes to the account to prevent the account from continually manipulating resources. This policy is designed to prevent misuse, protect our clients, and keep our servers as fast and stable as possible at all times.
The following scripts and programs are banned from our servers due to resource manipulation and/or server misuse:
- Flat file CGI based forums / message boards such as UBB, iKonboard and UlimateBB
- IRC (Internet Relay Chat) scripts or bots
- Proxy Servers
- The Anonymizer
- Formmail scripts earlier than Matt Wright’s v1.92 script
- Spamming / hacking / cracking scripts
All accounts are set-up on a pre-pay basis. Hily Media reserves the right to change the prices of any of its services at any time. Payment is due upon account activation and on each subsequent renewal date; every 365 days if the account is paid yearly, every 180 days if the account is paid semi-annually, every 90 days if the account is paid quarterly and every 30 days if the account is paid monthly.
All accounts that are more than 30 days past due will be automatically suspended until full payment has been received. All client equipment kept on our premises is provided as collateral against amounts due, and may be sold at auction with proceeds applied to client's account if more than 90 days past due.
In situations where the card number is declined, the card will be charged on the following day for 7 days. If the card is declined in each of these situations, the account for which payment is overdue will be suspended, and the user contacted to make alternative payment arrangements. If payment is not made within 14 days of the card failing, we reserve the right to terminate the account.
Clients agree that they are liable for extra charges that their accounts incur, including but not limited to paid support, extra bandwidth usage and extra diskspace usage.
We reserve the right to terminate without notice any account that violates our terms of service, with Hily Media serving as the sole arbiter in deciding what constitutes a violation. No refund is given in such a situation.
Hily Media may also suspend performance under or terminate this agreement, suspend data transmissiion associated with your account, permanently remove your data from our servers and take any other actions it deems necessary, immediately and without notice, if we believe, in our sole discretion, that your account violates the intellectual property rights of any third party or is otherwise the subject of any legal dispute.
Cancellation and Refunds
A client may choose to cancel their account at any time, however cancellation requests must be received at least 7 days prior to the next billing date. Cancellations received later than that will be effective on the following billing cycle, and no refunds will be provided for partial usage.
Hily Media services and software are provided on an "as is" basis without warranty of any kind, express or implied. Hily Mrdia does not warrant that our services will be uninterrupted or error free. Hily Media expressly disclaims any and all warranties, including without limitation any warranties as to the availability, quality, quantity, or content of services or goods provided to you. Hily Media does not guarantee that any content, information, software or other material accessible through our services will be free of viruses, "worms", "trojan horses", or other harmful components.
Clients agree to use all Hily Media services and facilities at their own risk, and that their sole and exclusive remedy under this agreement shall be to discontinue their use of our services and terminate this agreement. Clients agree to defend, indemnify, save and hold Hily Media harmless from any and all demands, liabilities, losses, costs and claims including but not limited to attorney’s fees asserted against Hily Media, it’s agents, officers and employees, that may arise directly or indirectly from any service we have provided.
You agree that this indemnification extends to all aspects of your account, including but not limited to site content, site operation and domain name selection.
This Agreement may be materially altered by Hily Media by posting the new version of the Agreement at Hily.net and if posted in this manner, shall be effective immediately. In the event that Hily Media does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of such change.