|
• Terms of Service (TOS)
• Acceptable Use Policy (AUP)
• SPAM Policy
• CGI Abuse Policy
|
 |
Violations, queries, and information regarding our Terms and Conditions
should be addressed to info@imaginaryplanet.com
TERMS OF SERVICE AND ACCEPTABLE USE POLICIES
This Services Agreement (the "Agreement") contains the
complete terms and conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by ImaginaryPlanet.com,
(the "Services"). As used in this Agreement,
"ImaginaryPlanet.com" means ImaginaryPlanet.com, and "Client",
"you", or "your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the Agreement, and you
agree to its terms and conditions and all policies posted on the
ImaginaryPlanet.com site. As referred to in this Agreement, "Site"
refers to a World Wide Web site and "ImaginaryPlanet.com Site" refers
to the Site located at the URL http://www.imaginaryplanet.com, or any other
successor Sites owned or maintained by ImaginaryPlanet.com.
1. APPROPRIATE USE OF THE SERVICES
ImaginaryPlanet.com provides the Services exclusively and makes no
effort to edit, control, monitor or restrict the content of data other than as
necessary to provide such Services.
Client Content Client agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client by a third party -
to any ImaginaryPlanet.com server in connection with Client's use of the
Services which:
Violate any state, federal or foreign laws or regulations; Infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of ImaginaryPlanet.com or any
third party; Are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate; violate any ImaginaryPlanet.com policy posted on the ImaginaryPlanet.com
Site including, but not limited to, our Acceptable Use Policy (includes
Adult Content Policy), UCE
(SPAM) Policy, and CGI
Abuse Policy. contain viruses or other computer programming defects which result in
damage to ImaginaryPlanet.com or any third party. Bandwidth.Client may occupy only the amount of disk space on the
ImaginaryPlanet.com Server and utilize no more than the network bandwidth that
is allotted by ImaginaryPlanet.com. Additional fees, specified in the Virtual
Host plans page, will be charged for exceeding the disk space and/or network
bandwidth allowance of your selected plan. No "SPAM".Client shall not use the Services for chain letters, junk mail,
spamming, or any use of distribution lists to any person who has not given
specific permission to be included in such a process. Client also shall not
engage in any unsolicited email practices at ImaginaryPlanet.com, or otherwise,
that mentions or reference any domain hosted on ImaginaryPlanet.com servers or
parked on ImaginaryPlanet.com DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL
SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE
SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy). Licensed Software Only.Client agrees to use only properly licensed third party software in
connection with Client's use of the Services. Back-Up Files.Client will have the ability to reinstate files which are automatically
archived by ImaginaryPlanet.com; however, ImaginaryPlanet.com does not
guarantee the existence, accuracy, or regularity of its backup services and,
therefore, Client is responsible for making back-up files in connection with
its use of the Services. Backup capability is available through the Client’s
Control Panel. Termination.ImaginaryPlanet.com reserves the right to refuse service to anyone.
ImaginaryPlanet.com, in its sole discretion, may immediately terminate this
Agreement if Client engages in any of the foregoing. To report any unacceptable
behavior by a third party using the Services, please contact info@imaginaryplanet.com.
2. PAYMENT OBLIGATIONS:
Service Fees. By the Fifteenth (15th) of each month, ImaginaryPlanet.com shall either
(i) debit Client's credit card (where such information is provided by Client)
or (ii) deliver by e-mail an invoice to Client in accordance with the
applicable Services fees for services rendered for the current month. Where an
invoice is delivered to Client, Client shall remit payment to
ImaginaryPlanet.com by no later than 10 days after the specified payment due
date. ImaginaryPlanet.com shall be entitled to immediately terminate this
Agreement for Client's failure to make timely payments to ImaginaryPlanet.com.
Certain services carry a set-up fee charged by ImaginaryPlanet.com to Client
that must be paid by Client in order to have use of the Services. If Client
terminates this Agreement in accordance with Section 4 hereunder, Client shall
be responsible for any outstanding fees owed to ImaginaryPlanet.com and agrees
to pay any and all fees incurred by Client. Because the Services are provided
on a monthly basis, Client will be responsible for Service fees incurred each
month regardless of when Client provides notice of termination. Thus, for
example, if Client provides notice to terminate on the 15th of a particular
month, Client will still owe fees for the entire month and such fees will not
be pro-rated or refunded. If Client has retained the Services for one (1) year
and has pre-paid ImaginaryPlanet.com for such Services, refunds will be issued
for any unused full month month portions less one month of the Services upon
Clients request. Therefore, if Client's account is cancelled at any point
during the one (1) year term, Client will be entitled to a refund for all but
one of the full months remaining after notice given by the 25th of the
preceding month. Domain Names. If Client chooses to register a domain name(s) through
ImaginaryPlanet.com, Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s) with the applicable domain
name registrar. ImaginaryPlanet.com does not offer refunds for domain name registrations
for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION:
The parties agree that in no event shall ImaginaryPlanet.com be liable
to any third party for Client's breach or alleged breach of any of the terms
and conditions set forth in this Agreement. Client agrees to defend, indemnify
and hold harmless ImaginaryPlanet.com from any and all expenses, losses,
liabilities, damages or third party claims resulting from Client's breach or
alleged breach of any Client obligations set forth hereunder.
TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall continue in
effect on a month-to-month basis unless otherwise specified by separate
agreement (the "Term") unless terminated earlier pursuant to the
provisions of this Section 4. Either party will have the right to terminate
this Agreement upon notice to the other party. If Client is terminating this
Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. All cancellation requests
must be received by the end of the respective month of cancellation. Any other
attempt by Client to cancel this Agreement by written or e-mail notice shall be
void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate
Client's use of the Services within Seven (7) business days of cancellation.
Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of
Client's account. Once payment has been received, Client's account will be
activated within Forty-Eight (48) business hours. ImaginaryPlanet.com will
maintain an archival copy of Client's Web site for Seven (7) days after
ImaginaryPlanet.com receives notice of cancellation. Thereafter, Client will
need to place a new order if it wishes to subscribe to the Services.
5. TAXES:
6. DISCLAIMER OF WARRANTY:
THE SERVICES, THE ImaginaryPlanet.com SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE
ImaginaryPlanet.com SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE
PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND.
ImaginaryPlanet.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF
DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ImaginaryPlanet.com
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER
HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL ImaginaryPlanet.com BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE ImaginaryPlanet.com SITE OR ANY
ImaginaryPlanet.com PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL
ImaginaryPlanet.com CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE
HUNDRED DOLLARS ($500 US). MISCELLANEOUS:
Notices. Any notices or communication under this Agreement shall be in
writing and shall be deemed delivered to the party receiving such communication
at the address specified below (1) on the delivery date if delivered personally
to the party, or a representative of the party; (2) one business day after
deposit with a commercial overnight carrier, with written verification of
receipt; (3) five business days after the mailing date, whether or not
received, if sent by postal mail, return receipt requested; (4) on the delivery
date if transmitted by confirmed facsimile.
If to ImaginaryPlanet.com:
ImaginaryPlanet.com
3656 Post Road.
Warwick, RI 02886
USA
If to Client:
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are
found to be invalid under any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain in full force and effect
and such provision or portion thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda, if any,) represents the
entire agreement of the parties with respect of the subject matter hereof and
supersedes all prior and/or contemporaneous agreements or understandings,
written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may
not be transferred, assigned or delegated in any manner by Client, but may be
so transferred, assigned or delegated by ImaginaryPlanet.com. Any waiver or any
provision of this Agreement, or a delay by any party in the enforcement of any
right hereunder, shall neither be construed as a continuing waiver nor create
an expectation of non-enforcement of that or any other provision or right. In
any legal proceeding between the parties under this Agreement, the prevailing
party shall be entitled to recover its costs, expenses and reasonable
attorneys' fees. This Agreement is made under and shall be governed by the laws
of the United States of America, except with regard to it’s conflict of law
rules. This Agreement and ImaginaryPlanet.com’s policies are subject to change
by ImaginaryPlanet.com without notice. Continued usage of the Services after a
change to this Agreement by ImaginaryPlanet.com or after a new policy is
implemented and posted on the ImaginaryPlanet.com Site constitutes your
acceptance of such change or policy. We encourage you to regularly check the
ImaginaryPlanet.com Site for any changes or additions. |
