iMakeSense Terms and Conditions.

iMakeSense reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. iMakeSense strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other iMakeSense clients and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. If cancellation is done by iMakeSense due to restrictions violation, there will be no refund. iMakeSense will only allow for the discount if cancellation is not the fault of the client, as determined by iMakeSense. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. iMakeSense reserves the right to change prices at any time.

Account Cancellation -

You may cancel at anytime. To cancel your account, please email us at david@imakesense.com

Indemnification Policy -

You agree to use all iMakeSense services and facilities at your own risk. iMakeSense specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall iMakeSense be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold iMakeSense harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against iMakeSense, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless iMakeSense against liabilities arising out of:
  1. Any injury to person or property caused by any products sold or otherwise distributed in connection with iMakeSense’s server;
  2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. Copyright infringement
  4. Any defective products sold to customer from iMakeSense''s server.
iMakeSense shall be the sole judge of what violates this Policy.
 
Server Abuse Policy-
 
If we determine that any site on our servers is using too much of the server''s resources and therefore abusing the server, we have the right to suspend that domain without notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server''s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing businesses allowed!! We do not allow mass email marketing sites on our servers. It doesn''t matter if it''s opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment.

Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server''s performance.

SPAM Policy -

iMakeSense is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the iMakeSense network, by customers or any other users of the iMakeSense network (including customers'' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the iMakeSense server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an iMakeSense email address or web site URL is prohibited. The use of iMakeSense servers as a mail drop for responses to activities described above is also prohibited.

Content Policy -

All services provided by iMakeSense may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited.

This includes, but is not limited to:
  1. copyrighted material,
  2. trademark,
  3. intellectual property,
  4. material we judge to be threatening or obscene, or
  5. material protected by trade secret and other statute without proper authorization.
  6. Pornography is prohibited on all iMakeSense web sites. This includes sites that may infer sexual content, or links to adult content elsewhere. iMakeSense will be the sole arbiter in determining violations of this provision.
  7. Also prohibited are sites that promote any illegal activity or present content that may be damaging to iMakeSense servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links -
    1. Pirated software.
    2. Hacker programs or archives.
    3. Warez sites.
    4. Online gambling.
    5. Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.
The subscriber agrees to indemnify and hold harmless iMakeSense from any claims resulting from the use of the service which damages the subscriber or any other party.

iMakeSense will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Policy -

iMakeSense allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. iMakeSense customers are discouraged from storing any files that cause excessive traffic on iMakeSense servers. Please contact iMakeSense for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

Right of Refusal -

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to iMakeSense or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups -

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client''s responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of iMakeSense, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, iMakeSense will attempt to recover the data from the most recent archive for a $100.00 fee.

Support Policy -

rnWhile iMakeSense CMS is a very easy to use tool, it is the client''s responsibility to assign someone to be familiar with the contents of the site and the operation of the tool. Your iMakesense sales person will guide you through the help files and answer questions on tool operation. iMakesense will provide services for a fee if special HTML programming is desired. We do not train in the use of HTML.

iMakeSense reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.