Terms of Service

These Terms of Service (“TOS”) apply to you (“the Customer”) if you

have ordered any web hosting, web design, software installation, domain

registration, or marketing services (the “Services”) from imSMB, LLC

(“imSMB.com”). This TOS supersedes any other written or oral policy and

defines the terms that all imSMB.com customers agree to when purchasing

any service provided by imSMB.com. imSMB.com reserves the exclusive

right to change, amend or revise any portion of this TOS at any time,

with or without written notice to our customers.

Customers using any services offered by imSMB.com agree to be obligated

by and must comply with all policies in this TOS or must cancel their

Services with imSMB.com. imSMB.com reserves the right to discontinue

Service to any customer at our sole discretion and may take action

against any customer deemed by imSMB.com to be in violation of this TOS

including the cancellation of any services without refund and/or, if

deemed appropriate, with legal action.

Conduct:

Any abuse of our staff in any medium or format will result in account

termination without refund.

Backups:

imSMB.com provides the tools needed to create backups of account data.

It is the responsibility of the customer to keep up-to-date archives of

their backed up data. imSMB.com is not responsible for maintaining

backups or copies of customer files and therefore is not responsible

for any loss of customer data.

Payment Obligations:

Full payment is required in advance before hosting service is

established. imSMB.com sends out invoices that are due every pay period

and payable upon receipt. You warrant and represent that the

information you supply when purchasing services from imSMB.com (or

other information that imSMB.com may require) is accurate and truthful.

All payment-due notices will be sent by e-mail. No bills or invoices

will be sent by postal mail or fax. If payment was not received by the

due-date, your account will be suspended. It is your responsibility to

ensure that payment is made to imSMB.com prior to the renewal date and

although imSMB.com sends renewal notices to our customers prior to

their renewal date, because of the ability for a customer to change

their contact email addresses without notifying imSMB.com, the customer

is ultimately responsible for remembering their renewal date and to

make sure payment is made upon the renewal. Customer acknowledges that

all plans with a Recurring Monthly Total or Annual Monthly Total require a

minimum One (1) year commitment. Customer further represents and

warrants that it has the authority to enter into this agreement.

Accleration Clause:

In the event of the debtor defaulting in any single installment, the creditor has

the right to proceed against the debtor for the full balance of the debt outstanding.

Renewals:

Your account will be automatically renewed sixty (60) days in advance under the same time and fee structure unless you give written notice to imSMB.com sixty (60) days

before the renewal date that you do not wish to renew or make changes

to such account.

Disclaimer of Warranty:

The Internet and web site hosting relies on a complex network of

hardware, software, network services, and providers of information. Due

to the need for an aggregate of all of these providers and service

companies working properly, not all services may be available to you at

all times. imSMB.com offers a 99.9% uptime guarantee, which is valid

only for imSMB.com servers and our primary co-location internet

connection. imSMB.com is not responsible for any down time caused by

any providers hardware or network malfunction which is outside of

imSMB.com’s capability to directly correct. imSMB.com customers are

diverse and their web sites and the function of those web sites are

diverse and imSMB.com cannot be held responsible for any service

interruption due to customer’s error, including but not limited to

spamming, the target of a DDOS attack, or any other internet or cyber

attack.

imSMB.com MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT

LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS

FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither

imSMB.com nor anyone else involved in the provision of Service is

liable to you, the customer, or any third-party for direct or indirect

damages resulting from the use, non-use of services provided herein,

whether or not such damages resulted from the negligence of imSMB.com,

even if imSMB.com has been advised to the possibility of such damages.

Content:

Customer agrees that web pages and files uploaded to servers will not

violate any state, national or foreign laws or regulations; infringe on

any intellectual property rights of imSMB.com or any third party; be

defamatory, slanderous or trade libelous; be threatening or harassing;

be discriminatory based on gender, race, age; promote hate; or contain

viruses or other computer programming defects which result in damage to

imSMB.com or any third party. Customers may not run IRC, bots or

clients. Customers may not use imSMB.com servers for file storage

unrelated to the customer’s web site, storage Space is for active web

site file pages only. Customers may not act as a reseller of

imSMB.com’s services; all data and domains associated with customer’s

account must be solely owned by customer. Unacceptable uses also

include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup

spamming, child pornography, hardcore pornography or links to such

sites, copyrighted MP3, copyrighted music, copyrighted video, illegal

content, copyright infringement, trademark infringement, warez, cracks,

software serial numbers. imSMB.com will be the sole and final arbiter

as to what constitutes a violation of this policy. imSMB.com does not

normally monitor the contents of customer accounts, however if

suspicion occurs, imSMB.com reserves the right to investigate and

terminate a customer’s account, if said account is deemed in violation

of this TOS, without notice or refund.

Unlimited Features and Excessive Resource User Policy:

Resources are defined as bandwidth, disk space, inode, dns entry,

memory and/or processor utilization. As resources are shared among all

customers of imSMB.com, any customer account utilizing more than 8% of

the resources described above for longer than 60 seconds may be

suspended or terminated without notice or refund by imSMB.com.

No “Spam”:

UCE/UBE or “Spam” originating from a server located on our network or

associated with a imSMB.com server is not tolerated. This includes any

e-mail that promotes web sites hosted on a server located on the

imSMB.com network but is sent from an e-mail address not associated

with that imSMB.com account. Customer shall not use their imSMB.com

account or services for chain letters, junk mail, bulk-email, or any

use of distribution lists to any person who has not given specific

permission to be included in such a process. imSMB.com reserves the

right to deactivate or terminate any account upon any indication of

such activity without notice and without refund.

Excessive Exploits:

imSMB.com allows 3rd party software to be uploaded and installed on our

servers via auto-installer or manually by customer. It is the

responsibility of the customer to maintain the latest secure version of

any such software. If said software is found to have security issues

and/or allows a third party to gain unauthorized access to imSMB.com

servers, imSMB.com may remove the software and suspend or terminate

customer’s account without notice or refund.

Licensed Software Only:

Client agrees to use only properly licensed third party software in

connection with Client’s use of the Services.

Limitation of Liability

IN NO EVENT SHALL imSMB.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE imSMB.com. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF imSMB.com. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF imSMB.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL imSMB.com . MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO imSMB.com FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, imSMB.com. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification:

You, the customer, agree to indemnify, defend and hold imSMB.com and

its affiliates, directors, officers, employees and agents harmless from

and against any liabilities, losses, damages or costs, including

reasonable attorneys’ fees, resulting from any third-party claim,

action, dispute or demand related to your use of the Services, your

violation of any of the provisions of this Agreement or from your

placement or transmission of any materials or content onto

imSMB.com .com’s servers. Such liabilities may include, but are not

limited to, those arising from the following: (a) with respect to your

business, (i) infringement or misappropriation of any intellectual

property rights; (ii) defamation, libel, slander, obscenity,

pornography, or violation of the rights of privacy or publicity; or

(iii) spamming, or any other offensive, harassing or illegal conduct or

violation of the acceptable uses described herein or anti-spam policy;

(b) any damage or destruction to imSMB.com equipment or to any other

accountholder, which damage is caused by or otherwise results from acts

or omissions by you, your representative(s) or your designees; (c) any

personal injury or property damage arising out of your activities

related to the Services, unless such injury or property damage is

caused solely by imSMB.com’s gross negligence or willful misconduct;

and (d) any other damage arising from your equipment or your business.

Venue:

This Agreement shall be interpreted under the laws of the State of

California without regard to any conflict of law’s provisions. Any

action between the parties to this agreement for the breach of this

agreement or any action or claim in any way relating thereto shall be

venued in the Superior Court of the State of California , County of San

Diego . The parties to this agreement hereby consent to jurisdiction in

that court and agree to accept service by mail and hereby waive any

defense of any kind related to jurisdiction or venue. Services Provided

by imSMB.com

Cancellation & Refunds:

Should you become dissatisfied with our services within the first 30

days of your account activation, imSMB.com will refund your hosting fee

subject to the terms listed below. Refunds are not available for

customers after the 30 days of account activation.  You may cancel your

account at any time in order to make sure that your account is not

renewed. You must contact customer service by emailing

billing@imsmb.com or visiting imsmb.com/support/ to verify information

before cancellation can occur. You will be charged in full for the

entire month in which you cancelled your account. Accounts which have

negative balances will be sent to collections and all services will be

terminated, including domain registrations. Domain Names transferred to

our service incur an additional year of registration and therefore are

considered a domain registration. As of January 27, 2012 domain

registration fees are $15.00/yr. Domain names of customers which leave

our hosting service will be refunded the package price total less the

domain registration fee and a $44.95 cancellation fee if the customer

leaves imSMB.com hosting service within the 30 day money back guarantee.

Refunds are not available for domain name registrations or professional

services including, but not limited to, web site design services and/or

software installation services or any combination.

Refunds of any kind are not available to any customer violating this

TOS.