Terms of Use

A. Agreement:

This agreement ("Terms of Use"), in addition to any other specific agreement between IMS Advertising, LLC ("IMS Advertising, LLC") and the customer ("Customer"), represents the complete understanding and agreement between IMS Advertising, LLC and Customer. Except when expressly agreed to the contrary in writing by IMS Advertising, LLC, these Terms of Use supersede any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This agreement establishes your rights and obligations when using any of our services.

IMS Advertising, LLC may change or discontinue any provision of these Terms of Use at any time, including, without limitation, services, pricing, equipment, and products. Any such change or discontinuance will legally bind Customer from the time IMS Advertising, LLC publishes notice of the change or discontinuance on the IMS Advertising, LLC Web Site. It is Customer's sole responsibility to ensure that Customer is up to date on the most current version of the IMS Advertising, LLC Terms of Use.

If you do no agree to the terms of this agreement, do not purchase, use or access IMS Advertising, LLC's services.

B. Content:

IMS Advertising, LLC services may be used for lawful purposes only. While using IMS Advertising, LLC's Services, Customer may have access to services that allow you to send or post materials ("content") and make that content available to others on the global Internet. Customer may not submit, publish, or display on the IMS Advertising, LLC Network any defamatory, illegal, abusive, obscene, infringing, or threatening content. In addition, Customer may not submit, publish, or display any content in violation of any US laws, Federal, state or local. Customer is solely responsible for the content that they make accessible while using IMS Advertising, LLC's servers and networks. Customer may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

IMS Advertising, LLC is not obligated to monitor the network for the purpose of examining Customer's content. Customer hereby acknowledge that if IMS Advertising, LLC is made aware of content that is determined to be, at the sole discretion of IMS Advertising, LLC, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, IMS Advertising, LLC has the right, but not the obligation, to edit, remove or deny access to such content. IMS Advertising, LLC may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.

Pornography and sex-related merchandising are expressly prohibited on IMS Advertising, LLC servers. This includes implying sexual content, display of nudity, or any link to adult content. This is also true for sites that promote illegal activity of any type or content that may be damaging to IMS Advertising, LLC servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily limited to:

Adult Content Sites:
Any pornographic material, links to adult sites, or advertisements for adult sites.

Pirated Software Sites (Warez):
Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).

Copyright Violations:
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

Hacking/Phreaking:
Includes sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers.

The designation of any materials as described above is left entirely to the discretion of IMS Advertising, LLC.

C. Fee's, Payment and Term:

As consideration for the services you have selected, you agree to pay IMS Advertising, LLC the applicable service fees as advertised on the IMS Advertising, LLC website. All fees payable hereunder are non-refundable except those fees covered by IMS Advertising, LLC's "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services such Account Information. By submitting to this Agreement, you represent that the statements you have made in our application are true and you will not use our Services for any unlawful purpose.

All Bank Disputes and Credit Card Charge Backs result in the complete cancellation of your account. Credit Card Charge Backs result in the forfeiture of all IMS Advertising, LLC services AND the purchasers Domain Name.

All IMS Advertising, LLC services, with the exception of our Managed Server Services, include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of your original signup date. The 30 day money back guarantee does not apply to Domain Name Registration. Domain Name Registration is NOT refundable. Once you purchase your Domain Name you are the owner and it can not be "returned" until the duration of the domain term has expired.

D: System Security:

Customers may not use the IMS Advertising, LLC Network to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. IMS Advertising, LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

E. Unsolicited E-mail (Spam):

Customer may not use any IMS Advertising, LLC service, equipment or any IMS Advertising, LLC hosted email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the IMS Advertising, LLC network. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, IMS Advertising, LLC reserves the right to disable that customer's web site without warning. IMS Advertising, LLC solely reserves the right to refuse or cancel service to spammers. IMS Advertising, LLC reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void IMS Advertising, LLC's 30 day money back guarantee.

F. Cancellation of Service:

Cancellation of any service must be done via the IMS Advertising, LLC web based administration, or via fax signed by the account holder. IMS Advertising, LLC can not accept cancellation requests in any other way. Transferring your domain to another provider does not constitute canceling your account with IMS Advertising, LLC. You must notify IMS Advertising, LLC as detailed above to formally cancel your account with IMS Advertising, LLC to avoid further charges. Domain Name Registration CAN NOT be cancelled. As the purchaser of the Domain Name you are the Domain Names owner until the term of the Domain Names registration has expired. IMS Advertising, LLC reserves the right to cancel service for any reason without prior notice.

G. Limitation of Liability:

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.

H. Indemnification:

Customer agrees that it will protect, indemnify, save and hold IMS Advertising, LLC, Inc., a Nevada Corporation, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against IMS Advertising, LLC, Inc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold IMS Advertising, LLC, Inc. harmless against liabilities arising out of;

1. Any injury to person or property caused by any products sold or distributed in association with IMS Advertising, LLC's Services;

2. Any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;

3. Copyright violation and any defective products sold to a customer from IMS Advertising, LLC's Services.

I. Disclaimer:

IMS Advertising, LLC, Inc. will not be responsible for any damages your business may suffer. IMS Advertising, LLC, Inc. makes no warranties of any kind, expressed or implied for services we provide. IMS Advertising, LLC, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by IMS Advertising, LLC, Inc. and its employees. IMS Advertising, LLC, Inc. reserves the right to amend or update these policies without notice. Failure to follow any Terms of Use may result in account deactivation.

IMS Advertising, LLC furthermore expects that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, IMS Advertising, LLC wishes to emphasize that in accepting services, customers indemnify IMS Advertising, LLC for the violation of any law or IMS Advertising, LLC policy that results in loss to IMS Advertising, LLC or the bringing of any claim against IMS Advertising, LLC. If IMS Advertising, LLC is sued because of activities of a customer that violate any law, or this policy, the customer will pay any damages awarded against IMS Advertising, LLC, plus costs and reasonable attorneys' fees.

All customers of IMS Advertising, LLC must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

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