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Terms Of Service:
By using iMarket101 web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. Content
1. All services provided by iMarket101 may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Federal, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we deem threatening or obscene, or material protected by trade secrets and other statute.
2. The subscriber agrees to indemnify and hold harmless iMarket101 from any claims resulting from the use of the service which damages the subscriber or any other party.
3. Note: Pornography, nude photos and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to any resource on the Internet; links to such materials are also prohibited. Furthermore, any site selling or promoting bulk email software/services/addresses is forbidden.
4. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".
5. iMarket101 will be the sole arbiter as to what constitutes a violation of this provision.
CGI - System Resources
You are not allowed to install any cgi applications on our server without expressed permission form iMarket101. It is a violation for anyone resell access to the CGI scripts installed on our servers for your use. NOTE: iMarket101 will supply limited tech support for our pre-installed scripts. Any extensive support required will be charged at a rate of $45.00/hour, US.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. There are chat servers such as Parachat which is free, all over the Internet. You are welcome to use any of these as they may be called or accessed from your site, but housed elsewhere.
Background Running Programs and Daemons
We may or may not allow programs to run continually in the background, determined on a one-to-one basis. An additional charge will be incurred based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - E-mail
iMarket101 servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your site may not be referenced as originator, intermediary, or reply-to-address in any of the above. The use of spam to advertise sites on other servers which in turn contain links to a site on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will immediately, without warning, disable your site. We reserve the right to refuse or cancel service to known spammers. We reserve the right to determine what violates this policy. Spamming is STRICTLY prohibited. None of the following will be tolerated, and a fine for each instance of spam reported to us will apply, and your account terminated: Sending unsolicited email mentioning an email address for any site hosted by iMarket101. Sending unsolicited email mentioning a site hosted by iMarket101. Sending an unsolicited email mentioning an IP address hosted by iMarket101. Posting a commercial message in a non-commercial newsgroup. Posting a reference to an adult site to non-adult newsgroups. Posting advertisements on IRC chat that results in complaints.
Server Abuse
iMarket101 will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc. Any unauthorized use of accounts or computers by a iMarket101 customer, whether or not the attacked account or computer belongs to iMarket101, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Any attempt(s) to undermine or cause harm to any of iMarket101 servers or any customer of iMarket101 is strictly prohibited. Any sub-networks of iMarket101 and dedicated servers must adhere to the above policies.
Term, Termination, and Cancellation
This agreement shall commence when the account is activated. The term anniversary date for each account, will be the 1st of the month after activation of the account. Upon expiration of such term, this agreement shall automatically renew for successive terms, whereas a term represents one calendar month, unless notice is given by either party of its intent to terminate the agreement, at least 15 days prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. Customers may cancel service any time. Due to security concerns, all account cancellations must be done in writing via postal mail with a valid signature of the primary contact of the account, account name, and reason for cancellation. Any refund will be made by company cheque within 15 days of receipt of cancellation. The account will be cancelled at the end of the current billing period, unless a date of cancellation is specified. Refunds are not issued for partial months. iMarket101 reserves the right to terminate this agreement, and to delete the Web site from its servers, immediately upon the occurrence of any of the following events: Non-payment of any charges due from customer. Breach of any term or condition of this agreement by customer. Commencement of any lawsuit or proceeding against customer arising from or relating to its use of the Web site, whether or not such lawsuit names iMarket101 as a party or seeks and recovery from iMarket101.Pre-paid plans can not be refunded for any reason. If you enter an agreement with us in order to take advantage of a special discounted or promotional rate, then decide to switch providers or cancel service for any reason, we can not refund any payments.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold iMarket101 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against iMarket101, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless iMarket101 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with iMarket101 server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from iMarket101 server.
Disclaimer
iMarket101 will not be responsible for any damages your business may suffer. iMarket101 makes no warranties of any kind, expressed or implied for services you provide. iMarket101 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by iMarket101 and its employees. iMarket101 reserves the right to revise its policies at any time.
Reporting Network Abuse
Any party seeking to report any violations of iMarket101 policy may contact via e-mail: abuse@iMarket101.com
Privacy Statement
iMarket101 policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, iMarket101 policies and procedures are subject to change. In the course of serving its customers, iMarket101 acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to iMarket101 by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by iMarket101 in the normal course of providing service. iMarket101 also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, iMarket101 uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within iMarket101. In addition, iMarket101 may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
Data Security
iMarket101 will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of iMarket101, its partners, its employees and other customers of iMarket101 services. To protect the loss, misuse, and alteration of information that is collected from customers, iMarket101 has appropriate physical, electronic, and managerial procedures in place. Domain name customers who have registered a domain name with iMarket101 and wish to change the Technical Contact from iMarket101 to another company, may send a request to domadmin@iMarket101.com It is important to note that customer domain name registration information is made publicly available in the registry of domain names.
Disclosure of customer information and communications
iMarket101 will not otherwise disclose its customers' personal and account information unless iMarket101 has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of iMarket101, iMarket101 customers, or others, or where iMarket101 has a good faith belief that the law requires such disclosure. iMarket101 also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that iMarket101 stores or transmits for its customers. The circumstances under which iMarket101 will disclose such electronic customer communications are when: it is necessary in order to provide service to the customer; it is necessary to protect the legitimate interests of iMarket101 and its customers; it is required to cooperate with interception orders, warrants, or other legal process that iMarket101 determines in its sole discretion to be valid and enforceable; and it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by iMarket101 and appear to pertain to the commission of a crime. iMarket101 disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. iMarket101 will, however, review, delete or block access to communications that may harm iMarket101, its customers or third parties. The grounds on which iMarket101 may take such action include, but are not limited to, actual or potential violations of iMarket101 Policy.
Acceptable Usage
As a provider of Internet access, web site hosting, and other Internet-related services, iMarket101 offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. iMarket101 respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, iMarket101 reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, iMarket101 has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing iMarket101 services. This AUP will be revised from time to time. A customer's use of iMarket101 services after changes to the AUP are posted on iMarket101 web site, www.iMarket101.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that iMarket101 cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because iMarket101 cannot monitor or censor the Internet, and will not attempt to do so, iMarket101 cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that iMarket101 does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over iMarket101 network and may reach a large number of people, including both subscribers and nonsubscribers of iMarket101, subscribers' postings to the Internet may affect other subscribers and may harm iMarket101 goodwill, business reputation, and operations. For these reasons, subscribers violate iMarket101 policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward iMarket101, but also because it can overload iMarket101s network and disrupt service to iMarket101 subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, iMarket101 has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. iMarket101 is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also iMarket101 policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using iMarket101 network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. iMarket101 is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through iMarket101 network.
Defamatory or Abusive Language
Using iMarket101 network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups
iMarket101 reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that iMarket101 determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. iMarket101 will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with iMarket101policy or applicable law. When iMarket101 becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. iMarket101 also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching iMarket101 facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. iMarket101 does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. iMarket101 has the right to directly take action against a customer of a subscriber. Also, iMarket101 may take action against the iMarket101 subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, iMarket101anticipates that subscribers who offer Internet services will cooperate with iMarket101 in any corrective or preventive action that iMarket101 deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of iMarket101policy. iMarket101 also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, iMarket101 urges its subscribers to assume that all of their on-line communications are insecure. iMarket101 cannot take any responsibility for the security of information transmitted over iMarket101 facilities. iMarket101 will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. iMarket101 may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, iMarket101 may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. iMarket101 assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, iMarket101 may disclose subscriber information or information transmitted over its network where necessary to protect iMarket101 and others from harm, or where such disclosure is necessary to the proper operation of the system. iMarket101 expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate iMarket101 policy. Finally, iMarket101 wishes to emphasize that in signing the service agreement, subscribers indemnify iMarket101 for any violation of the service agreement, law, or iMarket101 policy, that results in loss to iMarket101 or the bringing of any claim against iMarket101 by any third-party. This means that if iMarket101 is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against iMarket101, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including iMarket101 and its subscribers, as responsible members of the Internet.
Any complaints about a subscriber's violation of this AUP should be sent to
abuse@iMarket101.com
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