Terms of Service (TOS)

At Imagixx, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make Imagixx's Service available to all our customers as consistently and efficiently as possible.

1. No Minors. You must be an individual, 18 years of age or older. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
   
   Auto Charge/Debit/Check
   
   
2. I authorize Imagixx to charge the credit card, or have a check drafted, which I previously provided to them for this purpose, at the then-current rates for fees for Imagixx's services.
3. I understand that my credit card/check will be automatically charged/drafted on a periodic basis as a pre-payment for services to be provided the following period.
4. I understand that Imagixx may continue to charge the card provided, or have a check drafted, for all fees and charges due until I charge my payment method or cancel my account.
5. I understand that if a charge/draft is declined by my financial institution, this is treated the same as a check returned for insufficient funds, and will result in a $20 fee added to my account balance.
6. I also understand that I must notify Imagixx in writing, within 30 days advance notice of my request to discontinue this automatic charge agreement.
   
   Domain Name Registration
   
   
7. Domain name registrations do not become effective until accepted by the appropriate Top Level Domain ("TLD") registry administrator. The domain's availabilty at time of order does not guarantee that the name has not already been registered by another party, or that the domain name selected will otherwise fulfill the requirements of the TLD Registry. You acknowledge and agree that Imagixx does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that the domain name is available.
8. Imagixx will attempt to process your domain registration only on a best efforts basis. You further acknowledge and agree that Imagixx may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.
9. Imagixx acts only as an intermediary in domain name registration process in assigning your domain an IP address and configuring its DNS servers to authoritatively respond to requests for your domain - all necessary pre-requisites to domain name registration. Domain name registrations are not completed until you have agreed to be bound by and have executed the appropriate TLD registry's agreements. You will receive follow-up information from both Imagixx and the TLD that will assist you in completing the registration process.
   
   User-Supplied Content
   
   
10. All services may be used for lawful purposes only. Through Imagixx's Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the Imagixx Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
11. Imagixx is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Imagixx has the right, but not the obligation, to edit, remove or deny access to such content. Imagixx may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.
12. Pornography and sex-related merchandising are prohibited on all Imagixx servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Imagixx's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
    • Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
    • Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
    • Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
    • Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
    
    
    Network Security
    
    
13. Customers may not use the Imagixx Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Imagixx will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
    
    CGI Scripts
    
    
14. Each Imagixx account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Imagixx is not allowed.
    
    Chat Rooms
    
    
15. Imagixx prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Imagixx does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
    
    Server Resources
    
    
16. Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
    
    Bandwidth Usage
    
    
17. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
    
    Background Running Programs
    
    
18. Background daemons in general are prohibited. Imagixx will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
    
    IRC
    
    
19. Imagixx currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Imagixx Network.
    
    Commercial Advertising/ Mass Mailings
    
    
20. You must not use the Imagixx Network, Imagixx equipment or any Imagixx email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Imagixx Network, Imagixx equipment or any Imagixx email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
    
    If you are found to have spammed, without warning, Imagixx reserves the right to disable your domain. In addition, Imagixx may impose a $100 penalty for each spam policy violation. Imagixx solely reserves the right to refuse or cancel service to known spammers. Lastly, Imagixx reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
    
    Distribution and/or Transmission of Obscene or Indecent Speech or Materials
    
    
21. Violation of indecency and obscenity laws can result in criminal penalties.
    
    Intellectual Property Rights
    
    
22. Material accessible to you through Imagixx's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Imagixx Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Imagixx Network. If you use a domain name in connection with the Imagixx Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
    
    Defamation
    
    
23. Defamatory speech distributed over the Internet can result in civil liability for the defamer.
    
    Electronic Communications Privacy Act Notice (18 USC ' 2701-2711)
    
    
24. IMAGIXX MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. Imagixx shall not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Imagixx's equipment, transmitted over networks accessed by you, or otherwise connected with your use of the Imagixx Network.
    
    Refusal of Service
    
    
25. Imagixx reserves the right at its sole discretion to refuse or cancel service. Violation of any of Imagixx's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
    
    Billing
    
    
26. Accounts are due and payable in advance on the specified monthly date. Accounts remaining unpaid 10 days after due date are subject to a 1 1/2% late charge on any unpaid balance, and may have their service interrupted. If payment is returned unpaid or rejected by your bank, your service will be interrupted and you will be assessed a $20 penalty. Service interruption does not relieve you from the obligation to pay any outstanding charges and penalties. Interrupted services may be resumed upon receipt of full payment within the invoice period, and with full payment plus a $20 re-connect charge thereafter.
    
    
27. Imagixx reserves the right to change its service pricing upon notification to you 30 days in advance of the effective date of the pricing change. However, Imagixx will guarantee that we will never raise the cost of your initial service package.
    
    Service Cancellation
    
    
28. Service is perpetual but may be cancelled at any time. Your notice of cancellation must be made in writing; upon receipt, IMAGIXX will provide you with a written acknowledgement, as well as a confirmation number of your cancellation request. You may send your cancellation notice to sales@imagixx.net, or to our business office address. New users (excluding colocation and/or dedicated server and consultancy services) may cancel their account at any time within the first thirty (30) days of service and receive a full refund. Otherwise, your notice of cancellation will not take effect until the end of the then-current billing period. Except for new users, no full or partial refund or credit is given for your non-usage or partial-usage of service within a billing period. In addition, for automatic charges/debits, a 30 day minimum notice of your request to disconnect autocharge/autodraft arrangement is required.
    
    Due to the expense of set up, particularly where no set-up fee is charged, no refund will be issued for the purchase of dedicated server, colocation and consultancy services; for these services, the 30 day money back guarantee does not apply.
    
    We cannot accept cancellation requests over the phone for security reasons.
    
    Indemnification
    
    
29. Customer agrees that it will protect, indemnify, save and hold Imagixx harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Imagixx, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Imagixx harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Imagixx's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Imagixx's Services.
    
    Disclaimer
    
    
30. Imagixx will not be responsible for any damages your business may suffer. Imagixx makes no warranties of any kind, expressed or implied for services we provide. Imagixx disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Imagixx and its employees. Imagixx reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
31. Imagixx furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Imagixx wishes to emphasize that in accepting services, customers indemnify Imagixx for the violation of any law or Imagixx policy, that results in loss to Imagixx or the bringing of any claim against Imagixx. This means that if Imagixx is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Imagixx, plus costs and reasonable attorneys' fees.
    
    Modification and Binding Effect
    
    
32. IMAGIXX may modify this Agreement at any time, and such modifications shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
33. This Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
34. Your continued use of the Imagixx Network constitutes your acceptance of these Terms and Conditions.

Last Revision 07/06/2006