3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
5. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
7. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Shared Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of IMS is strictly prohibited.
Unauthorized use of other people's accounts or computers IMS will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a IMS customer, whether or not the attacked account or computer belongs to IMS, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk e-mailing, unsolicited e-mailing, news group spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by IMS to be unacceptable use of IMS's services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
3. Displaying material that exploits children under 18 years of age.
4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
5. Exporting encryption software over the Internet or otherwise, to points outside the United States.
6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, 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.
7. 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, mail bombing, denial of service attacks, and piracy of software.
Unsolicited / Commercial E-mail
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
IMS takes a zero-tolerance approach to spam originating from our network or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
* Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
* Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
* Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
* Spamming News groups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
* Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
* Providing spamware (software used to send bulk e-mail or software used to harvest e-mail addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
* Running Unconfirmed Mailing Lists. Subscribing e-mail addresses to any mailing list without the express and verifiable permission of the e-mail address owner is prohibited. All mailing lists run by Iyviss customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of e-mail addresses from 3rd parties for mailing to or from any Iyviss -hosted domain, or referencing any Iyviss account, is prohibited.
* E-mail address cultivating, or any unauthorized collecting of e-mail addresses without prior notification of the e-mail address owner is strictly prohibited.
* Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org
If any Customer, or any Third Party User that is a customer of our Customer, uses IMS Services, the IMS Network or its physical infrastructure in a manner that causes IMS to be "blacklisted" or blocked, IMS reserves the right to (i) suspend permanently or terminate IMS services of such Customer and/or (ii) suspend permanently or terminate the access to IMS services, the IMS network or its physical infrastructure by such Third Party User. Network Security
Customers may not use the IMS 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
* forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
* attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
* 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:
* mail bombing
* or other deliberate attempts to overload or crash a host or network.
IMS 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. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or web site is responsible for or involved in an attack on or unauthorized access into another server or system, IMS will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting IMS or any of its other customers.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD IMS Consulting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST IMS Consulting, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS IMS Consulting AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH IMS Consulting's 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 IMS Consulting's SERVER.
IMS Consulting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. IMS Consulting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. IMS Consulting 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 IMS Consulting AND ITS EMPLOYEES. IMS Consulting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF IMS Consulting. HOWEVER, IMS Consulting MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. IMS Consulting RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF IMS Consulting MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
IMS Consulting RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER IMS Consulting AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.