Terms and Conditions
Imperium Media LLC represents that it shall make every good faith effort to ensure that the client's server is available as widely as possible and with as little service interruption as possible;
If client wishes to use a payment plan, client must pay half the fee at the completion of services, as deemed by Imperium Media LLC.
Violations may result in immediate and permanent disablement without refund.
Client will provide Imperium Media LLC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Imperium Media LLC. Imperium Media LLC shall make no effort to validate this information for content, correctness or usability.
Use of Imperium Media LLC's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Webspace by the Client.
Imperium Media LLC will exercise no control whatsoever over the content of the information passing through the network.
The client agrees to make use of Imperium Media LLC provided servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.. Imperium Media LLC servers are not intended as a data backup or archiving service. Imperium Media LLC reserves the right to negotiate additional charges with the Client and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.
Servers are shared with other clients, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Imperium Media LLC server. If your processes are adversely affecting server performance disproportionately Imperium Media LLC reserves the right to negotiate additional charges with the Client and/or the discontinuation of the offending processes.
The Client agrees to hold only one (1) free active web hosting service plan at any given time with Imperium Media LLC.
Imperium Media LLC makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Imperium Media LLC also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Imperium Media LLC is at the Client's own risk, and Imperium Media LLC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Imperium Media LLC expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Imperium Media LLC specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Imperium Media LLC may, at its option and at any time, reject this material, including but not limited to after it has been put on Imperium Media LLC's Server. Imperium Media LLC agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Imperium Media LLC. If the Client fails to modify the material, as directed by Imperium Media LLC, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
With any purchase, Client must also purchase a maintenance program to ensure high quality service.
Client warrants that it has the right to use the applicable trademarks, if any.
Imperium Media LLC makes no representations, warranties or assurances that the Client's equipment will be compatible with the Imperium Media LLC service.
The Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "client" in terms of this contract.
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Imperium Media LLC may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Imperium Media LLC. All messages transmitted via Imperium Media LLC should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Imperium Media LLC will accept termination by electronic mail. Notwithstanding the above, Imperium Media LLC may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment. Imperium Media LLC reserves the right to charge a reinstatement fee.
Client expressly agrees that use of Imperium Media LLC's Server is at Client's sole risk. Neither Imperium Media LLC, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Imperium Media LLC's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Imperium Media LLC Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Imperium Media LLC, its offices, agents or any one else involved in creating, producing or distributing Imperium Media LLC's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Imperium Media LLC Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Imperium Media LLC's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Imperium Media LLC's Server service.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
Client may only use Imperium Media LLC's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the client does not hold the copyright) on Imperium Media LLC's Server.
Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber's email address. This mailing must contain a URL to the site's privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.
Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the subscription. The user must be able to present this information at Imperium Media LLC's request.
The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to the site's Privacy Policy. It must be made reasonably clear how a user's email address will be used and in what circumstances it will be shared.
Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
The privacy policy is prominently linked to from the page the subscriber signed up from.
The privacy policy has not changed substantially since the user signed up.
Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
Lists procured from outside parties must have been consistently handled in a manner comparable to Imperium Media LLC policies.
Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
All subscriptions must be re-confirmed in the manner described in Subscriptions before being sent bulk email messages.
Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using Imperium Media LLC's own bulk mailing list tools.
All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.
Imperium Media LLC reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.
Clients must substantially address all spam related inquiries by Imperium Media LLC personnel within 72 hours. Failure to respond within a reasonable period of time may result in the disablement of the user's account.
Client agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Imperium Media LLC's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Client agrees that it shall defend, indemnify, save and hold Imperium Media LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Imperium Media LLC, its agents, its clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client,its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Imperium Media LLC against Liabilities arising out of
* any injury to person or property caused by any products sold or otherwise distributed in connection with Imperium Media LLC's Server;
* any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
* copyright infringement;
* any defective product which Client sold on Imperium Media LLC Server.
Revisions to this Contract will be applicable to previous Contracts
Client may not transfer this contract without the written consent of Imperium Media LLC.
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
