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By the use of our Domain Maintenance Services, Uploading your files to our server(s) and/or the use of our Email services you hereby
agree to the terms of our "Terms of Service Agreement". If you do not agree to the terms of our "Terms of Service Agreement", at anytime, you shall discontinue use of our Domain Services, and
immediately send us written notice of your intent to cancel this agreement.
The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Terms of Service
Agreement of even date. This document establishes operating principles and acceptable use policies as they relate to the Customer's use of the Internet and the connection/services provided by Internet Media
Solutions to the Customer under this Terms of Service Agreement.
The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At
present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.
In order to facilitate their
contractual relationship, the Customer and Internet Media Solutions wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.
To this end, the parties also agree as follows:
1. Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at
all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups.
a) Knowledge of the Internet - The Customer agrees to obtain a basic
knowledge of the Internet and its operating principles and procedures.
b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on
mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
c) Compliance
with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against
compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or
military data to prohibited countries.
d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
e)
Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and will not be disclosed to or shared with any
third parties by Internet Media Solutions. Should the customer disclose their password to any third party, the customer agrees to take full responsibility for the actions of said third party in connection with their
account. The customer is responsible for their own data and is advised to keep backups of all data stored on our servers. The customer agrees that Internet Media Solutions will not be held responsible for any loss
of data residing on the customer's website or domain.
f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take
particular care to insure that adult information is not transmitted to juvenile users of the Internet.
g) Pornography - Due to legal and social issues, we will not accept any new customers who publish
pornographic images. We do not allow any pornographic content on our server, including but not limited to nude photographs, explicit language, or sexual fiction. If an existing customer publishes pornographic
images, Internet Media Solutions may suspend and/or cancel your account immediately.
Let's make this easy to understand: No site that promotes porn or nudity will be allowed on our servers, this includes
BANNERS, CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL FICTION, or ANYTHING THAT INTERNET MEDIA SOLUTIONS DEEMS INAPPROPRIATE FOR OUR SERVERS. If an existing customer publishes
pornographic images, Internet Media Solutions will remove your site from our server and all monies paid will be forfeited.
h) Excessive CPU usage's - Customers will not be allowed to use excessive amounts of
CPU processing on any of our servers or face immediate suspension. For example:
1) A few customers have tried re-selling our counters or autoresponders to the rest of the world which caused an excessive
amount of requests on our server(s).
2) Email bombs.
3) Re-selling CGI access to other 3rd parties
4) IRC Daemons, are strictly prohibited
i) SPAM, Bulk Email, Unsolicited Commercial Email - NO
DOMAIN MAINTAINED BY Internet Media Solutions will be permitted to submit or send SPAM of any type. This includes but not limited to using our Email server or any other BULK EMAIL submission service, i.e. Cyber
Promotions. This includes but is not limited to the the use of the Domain Name or an Email Address for the Domain Name in the actual Spam or Bulk Email. If we receive a complaint on a SPAM or BULK EMAIL from a
Domain maintained on our servers, the account will be subject to suspension and/or cancellation without notice.
j) Bandwidth Usage - Accounts will be charged $10 per 1 Gigabyte in excess of their monthly limit.
k) Payments - All accounts not paid within 10 days after the due date may be removed from the server without
prior notice. It is the customer's responsibility to know when their due date is and to keep their email address on file with us, current and valid.
2. Limitation on Liability - INTERNET MEDIA SOLUTIONS., ITS
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF INTERNET MEDIA SOLUTIONS AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO INTERNET MEDIA SOLUTIONS TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND
CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
3. Indemnity - You will indemnify and hold Internet Media Solutions., its licensors, content providers, service providers,
employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures
contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’
fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web
site.
Internet MediaSolutions reserves the right to discontinue web hosting services for any customer, at any time, for any reason, with or without prior notice.
This concludes the Terms of Service Agreement.
By ordering web hosting and using our services, you are stating that you have read and agree to the above "Terms of Service Agreement".
-Internet Media Solutions
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