These Domain/Hosting Terms & Conditions are between the PROVIDER and the CLIENT as specified in the application. "PROVIDER" means NET-IMS, Inc., its Agents and Servants.
The CLIENT acknowledges and accepts the following Domain/Hosting Terms & Conditions.

These terms apply to you as a user of the Service. Please read these terms and conditions carefully.  It is a condition of your use of the Service that you comply with these terms and conditions.

1. Terms And Conditions

1.1 These are the terms upon which we agree to provide the Service to the Client. The agreement made between us commences on the date your order for Services was accepted by NET-IMS, Inc..

1.2 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice on a page of our website, which can be found at http://www.net-ims.com/index.cfm?apploc=Terms. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 30 days notice of the change by the same means, and the new prices will apply at the end of that 30 day period.

1.3 If you use or continue to use the Service after that publication, your use will constitute an acceptance of the amended terms.

1.4 These terms constitute the agreement in its entirety and supersede prior agreements.

1.5 We may from time to time run promotions and make special offers of limited time duration. All such promotions are offered subject to their terms and may be withdrawn or altered at NET-IMS, Inc.’s discretion.

2. Service

2.1 We will provide the client with Web and/or Email Services as per the Hosting service level you have selected as a part of this acceptance of service.

2.2 We will advise the client of correct operational procedures via an informational email to the listed contact email address or via a printed information sheet if so requested.

2.3 Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers.

2.4 Unscheduled maintenance may need to be performed.

2.5 Archiving of Data - We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your Web Site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out of date, corrupt or otherwise deficient Client Data recovered from our backups.

2.6 The Service is provided by NET-IMS, Inc.. NET-IMS, Inc. will determine in its absolute discretion from time to time the location from which your Service is provided.

2.7 In contracting with NET-IMS, Inc. for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by NET-IMS, Inc. to deliver the Service.

2.8 In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services you acquire from NET-IMS, Inc..

3. Payment

3.1 You must pay for the Service as notified to you by NET-IMS, Inc. in accordance with the prices in force for Services.

3.2 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.

3.3 You consent to us obtaining a credit report containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

4. Warranties And Liabilities

4.1 We do not warrant that: a. the services provided under this agreement will be uninterrupted or error free; b. the services will meet your requirements, other than as expressly set out in these Domain/Hosting Terms & Conditions c. the Services will be free from external intruders (hackers) or other persons having unauthorized access to the services or systems of NET-IMS, Inc..

4.2 NET-IMS, Inc. will not be liable to the Client for: a. any loss or damage in respect of the provision of the Services, b. any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviors of the Client, c. any costs, claims loss or damage arising from any information, data or other material provided to NET-IMS, Inc. by or on behalf of the Customer.

4.3 You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk. For more information go to web site http://www.net-ims.com/.

4.4 You agree to abide by our Acceptable Use policy and you agree that the terms of this policy forms part of this agreement between you and NET-IMS, Inc..

4.5 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

4.6 We are not liable to you or any other person for:- a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service; c. loss or damage caused by third party software applications forming part of the Service.

4.7 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from - a. your breach of these terms, b. your use or misuse of the Service and c. the use or misuse of the Service by any person using your account, d. publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service.

4.8 NET-IMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY NET-IMS HOSTED WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF CLIENT ABILITY TO PERFORM FOR ANY PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

5. Suspension And Termination Of Service

5.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:- a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavors to procure the resumption of the Services as soon as reasonably practicable; or b. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardizing the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

5.2 NET-IMS, Inc. may without notice to you remove, amend or alter your data upon being made aware of: a. any claim or allegation; or b. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.

5.3 We may end our agreement with you and cease providing Services for any reason, on 30 days notice to you. You may close your account with NET-IMS, Inc. on 30 days notice to NET-IMS, Inc..

5.4 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.

6. Domain Names

6.1 If you have requested that NET-IMS, Inc. registers any domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to domain names issued by the registrar located at http://www.net-ims.com/index.cfm?apploc=Terms. You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.

6.3 You indemnify NET-IMS, Inc. against all claims arising out of your registration and use of your chosen domain name.

7. Miscellaneous

7.1 The client grants to NET-IMS, Inc. a license to use and reproduce all Client Data in order to fulfill its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails.

7.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.

7.3 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.

7.4 You accept and agree to the NET-IMS, Inc. Acceptable Use Policy and agree to abide by the obligations of the policy located at http://www.net-ims.com/index.cfm?apploc=Terms.

Content
All services provided by NET-IMS, Inc. 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, copyrighted material, material we judge to be threatening or obscene or material protected by trade secret or other statute. The subscriber agrees to indemnify and hold harmless NET-IMS Inc. from any claims resulting from the use of the service that damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all NET-IMS, Inc. servers. This includes sites that may infer sexual content or links to adult content elsewhere. NET-IMS, Inc. will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to NET-IMS, Inc. servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links

• Pirated software
• Hacker programs or archives
• Warez sites
• Commercial Advertising - E-mail
• Spamming, or the sending of unsolicited e-mail, from a NET-IMS, Inc. server or using an e-mail address or domain that is maintained on a NET-IMS, Inc. machine as reference is STRICTLY prohibited. NET-IMS, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
• IRC or IRC bots may not be operated on our servers at this time.
• To post or transmit hate speech, threats of physical violence, or harassing content
• To post or transmit material in violation of copyright laws
• To post or transmit content that is legally obscene or that violates child pornography statutes; that contains graphic depictions of sexual acts, or visual depictions of sexually explicit conduct involving children; or that contains depictions of children, the primary appeal of which is prurient
• To post or transmit other sexually-oriented material that, in the specific context, is offensive or inappropriate
• To post or transmit commercial or bulk e-mail.
• To post or transmit off-topic or commercial messages on forums or newsgroups
• To engage in illegal, unlawful, or tortuous conduct or other conduct that interferes with NET-IMS's ability to provide service or interferes with the rights of others. Such conduct includes, but is not limited to: libel, invasion of privacy, consumer fraud, unauthorized dissemination of trade secrets, violation of trademark laws, hacking, or transmittal of commercially restricted information.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of NET-IMS, Inc. is strictly prohibited.

8. Refusal of Service

All Sub-Networks, distributive hosting sites and dedicated servers of NET-IMS, Inc. must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

If you have any questions regarding the above policy, please contact: support@net-ims.com

9. Governing Law and Jurisdiction

NET-IMS, Inc., services are controlled from offices in San Antonio, Texas, United States of America. All matters relating to access to or use of any NET-IMS, Inc. services shall be governed by U.S. Federal law or the laws of the State of Texas. Any legal action or proceeding relating to access or use of any NET-IMS, Inc., Services shall be instituted in a state or federal court in Bexar County, Texas. Client and NET-IMS, Inc., agree to submit to the jurisdiction of these courts in any such legal action or proceeding.