iMagine Internet Services Terms of Service Agreement

• This agreement is in accordance with Onondaga County of New York state law.
• Full understanding of the Terms of Service (TOS) is prerequisite for obtaining service.
• This applies to all hosting accounts and other Internet and application services.
• Violations may lead to termination, without notice, without liability for damage or harm due to the termination iMagine IS or client can cancel agreement at any time for any reason (except where specified otherwise by a contract). iMagine IS reserves the right to terminate an account at any time.
• iMagine IS can change terms of service at any time with 30 days prior written notice sent to the client's account.
  • By continuing service, client agrees to new terms of service.
  • Client can discontinue service if they don't agree to new terms of service by contacting us.

Client responsibilities

• Client agrees not to abuse or permit others to abuse our services.
• Information we receive from client is expected to be truthful and valid.
• Clients are responsible for the contents and actions of their accounts. Activites and materials outside of lawful purpose are cause for the termination of service at any time, without notice. Events of unlawful purpose are outlined below:
  • Adult material
  • Illegal activities (WAREZ, copyrighted MP3's)
  • Attempting to gain unauthorized access to other computers
  • Sending spam or unwanted files
  • Copyright infringement
  • Forgery of email or otherwise
  • Inappropriate mailing list management
  • Sending chain mail or related schemes defined as fraudulent by the United States Postal Service (USPS)
  • False marketing
• Customer is responsible for a basic working knowledge of his/her computer, and the means by which to publish web pages and manage the account.
• Clients are responsible for their own web design, and understand that IIS provides hosting for the site without providing site design.
• Accounts and billing
  • Accounts are not transferable
  • Login names and passwords are not to be shared
  • Billing is available through the USPS and through email to the account. Billing is available in different intervals as per the type of service
  • Accounts 7 days overdue are subject to termination
  • Accounts disabled or canceled due to non-payment are subject to a $5.00 re-activation fee
  • The second month of service begins on the due date of your first invoice. By subscribing, you agree to be responsible for any/all charges incurred after the free trial month if you do not cancel your account before the due date of the first invoice.
  • We have a returned check fee of $20.00.
  • We are not responsible for lost email, or any consequences as a result of lost email. If you sent us email several times and have not received a reply, chances are there is an error in your email configuration and you should call us to clear up any issues.
  • As long as you continue to receive invoices, you are liable to pay them, regardless whether or not you use the account or percieve it to function properly. You can cancel your account at any time by email or postal mail (in writing). We will read and respond to every message in good faith.
  • iMagine IS can ask customers to upgrade their account due to the load/hit rates and/or bandwidth use, or to cancel their account.

IIS responsibilities

• Privacy. We will protect your personal information from other companies by not releasing any information without your permission.
• We reserve the right to reject mail from known spammers.
• Liability:
  "The account holder will indemnify and hold harmless iMagine Internet Services against any loss, damage, cost and expense which iMagine Internet Services may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of iMagine Internet Services' failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement."
• We are responsible for any taxes and fees related to purchases made from us.
• Server reliability:
  • We cannot guarantee uninterrupted or error-free service.
  • There is no warranty on server. iMagine Internet Services is responsible for maintainence and upgrade of server.
  • No speed guarantees. We do our best to balance the traffic on our servers, providing you with the best connectivity we can.
  • iMagine Internet Services will not be held liable for data loss except where legally applicable.
  • iMagineIS will do its best to backup all data frequently. We will also reinstate the backup at no cost in the event of an error on our part. A backup of the account is available on CD-ROM for the client for an additional fee.

Quality of Service

• Client agrees to the fees outlined in the pricing guide.
• IIS provides hardware specified, hosting site, and software specified.
• At end of contract (where applicable), client may order a CD-ROM of the server files. IIS retains server and deletes client files.