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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:
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:
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 - 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.
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