Terms of Service

Please report any violations of the Terms of Service (TOS) to abuse@internetmailingservices.com

ACCEPTANCE OF TERMS


Internet Mailing Services provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.  You can review the most current version of the TOS at any time at this link.  In addition, when using particular Internet Mailing services, you and Internet Mailing Services shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

DESCRIPTION OF SERVICE


You understand and agree that the Service is provided "AS-IS" and that Internet Mailing Services assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Internet Mailing Services may host certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas or of the legal age as set by your local jurisdiction, which ever age is greater. Internet Mailing Services typically performs maintenance to the equipment and software responsible for our Services between 1:00 and 5:00 AM PST, and when necessary because of emergency situations, on an as-needed unscheduled basis.  All reasonable efforts are made to require no interruption in Service while maintenance is performed but when such interruptions are necessary, the duration is kept to a minimum whenever possible.

YOUR REGISTRATION OBLIGATIONS


In consideration of your use of the Service, you certify that: 1.you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") 2.you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete 3.you are not currently under the employ, contract or control, or otherwise represent the interests of, an entity who offers competing or similar services to Internet Mailing Services, including, but not limited to, the hosting of websites, shopping carts and mailing lists. If you provide any information that is untrue, inaccurate, not current or incomplete, or Internet Mailing Services has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Internet Mailing Services has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  Internet Mailing Services maintains the right to seek legal remedy against those who knowingly misrepresent themselves in violation these aforementioned requirements.

ACCOUNT PAYMENT


You agree that for billing purposes Internet Mailing Services may automatically bill your credit card for recurring hosting charges.  Your billing period establishes the length of your service agreement, the minimum period is one month; charges are billed at the beginning of the service period and then are recurring beginning on the first day of the following month. Internet Mailing Services will continue billing you for the Service until cancellation is requested by the account holder.  Ceasing your use of the Service is not an acceptable notification of cancellation.  Internet Mailing Services may request additional information in order to verify the authenticity of any account changes.  Any outstanding balances on the account must be cleared before the account is closed. New billing information may be submitted at any time at the following URL: https://www.internetmailingservices.com/ccupdate Internet Mailing Services may, at its discretion, suspend hosting accounts within seven days of a declined charge or past-due check payment. This grace period may be eliminated if multiple payments by Customer are made past-due in any twelve-month period and the Service will be subject to immediate shutdown at the discretion of Internet Mailing Services. Domain names or SSL secure certificates registered through the Internet Mailing Services service will not be renewed automatically without the prior written permission of the account holder. All domain and SSL secure certificate registrations must be paid in full before registration and are not refundable once the domain or certificate has been renewed/registered.

INTERNET MAILING SERVICES PRIVACY POLICY


Internet Mailing Services does not resell or use your Registration Data for marketing purposes.  All credit card information is encrypted with strong SSL and all methods to retrieve your order information are encrypted.  Internet Mailing Services may contact the account contact for notices regarding service changes or activities affecting the account.

MEMBER ACCOUNT, PASSWORD AND SECURITY


You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account including those performed by any third party granted access to the Service by you. You agree to: 1.immediately notify Internet Mailing Services of any unauthorized use of your password or account or any other breach of security, and 2.ensure that you exit from your account at the end of each session. Internet Mailing Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

MEMBER CONDUCT


You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Internet Mailing Services, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.  Internet Mailing Services does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.  You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Internet Mailing Services be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortuous, libelous, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Internet Mailing Services official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, multi-level marketing, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; the first proven instance of this activity will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Internet Mailing Services See the paragraph following this list for additional caveats to this rule; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; upload, post, install or otherwise make available any software, web page, cgi-script or other type of material that does any type of listening or request servicing on the Internet Mailing Services servers. This includes, but is not limited to, chat room software daemons, any other type of server or daemon, or anything that does more than just service the current request and then exit. This requirement does not apply to dedicated server customers; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; this includes behavior suggesting such activities are being actively planned; send mass/bulk mailings through the Internet Mailing Services outgoing POP/SMTP/IMAP/Webmail mail servers even if lists are double opt-in and fully verified. You may utilize your own mailing software on your shared web space or dedicated server for these mailings. We enforce this rule to be sure a large mailing does not deny service to customer's e-mail accounts; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users. You acknowledge that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose or to consumers that have been verified to have opted-in to receiving your message whose purpose is promoting your Content, promoting third party revenue/referral-generating content, and/or services served by Internet Mailing Services. All commercial non-transactional mailing will include a working opt-out mechanism and opt-out requests will be honored within ten business days. All other additional CAN-SPAM regulations must be met for mailings. The first proven instance of a violation will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Internet Mailing Services. Internet Mailing Services reserves the right to impose an administrative fee for the investigation of excessive abuse complaints to ensure complaints with these Terms of Service. Investigations will require that you produce documentation of how a complainant has "opted-in" to receive your message and on what date. All mailing lists must have "bad" (i.e., "bounced") member addresses purged regularly. You acknowledge that Internet Mailing Services does not pre-screen Content, but that Internet Mailing Services and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Internet Mailing Services takes no responsibility for any material created or accessible through the Service. Without limiting the foregoing, Internet Mailing Services and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Internet Mailing Services or submitted to Internet Mailing Services, including without limitation information in Internet Mailing Services Message Boards, and in all other parts of the Service. You acknowledge and agree that Internet Mailing Services may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; protect the rights, property, or personal safety of Internet Mailing Services, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; changes to conform and adapt to technical requirements of connecting networks or devices.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

PUBLIC CONTENT POSTED TO IN TERNET MAILING SERVICES


1.For purposes of the TOS, "publicly accessible areas of the Service" are those areas of the Internet Mailing Services network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public Internet Mailing Services corporate content and Internet Mailing Services Message Boards, but would NOT include private Internet Mailing Services communication services such as Internet Mailing Services mail, shared or dedicated hosting accounts, or areas off of the Internet Mailing Services network of properties such as portions of World Wide Web sites that are not hosted or served by Internet Mailing Services. 2.With respect to Content you elect to post for inclusion in publicly accessible areas of Internet Mailing Services websites, including photos or other graphics, you grant Internet Mailing Services the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting Internet Mailing Services This license exists only for as long as you elect to continue to include such Content on the Internet Mailing Services site in question and shall be terminated at the time you delete such Content.

INDEMNITY


You agree to indemnify and hold Internet Mailing Services and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Internet Mailing Services may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, log files, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Internet Mailing Services servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Internet Mailing Services has no responsibility or liability for the deletion, failure to store or failure to receive any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Internet Mailing Services reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Internet Mailing Services reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You agree that if your account at any time exceeds monthly storage allotments, Internet Mailing Services may charge your account a $5.00 service fee and $2.00 for each 100 MB of extra disk space consumed.  Monthly transfer overage will be charged, at most, $2.50 per GB of overage but lower rates may be negotiated in 5GB increments.

MODIFICATIONS TO SERVICE


Internet Mailing Services reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Internet Mailing Services shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Internet Mailing Services reserves the right to deny access to the Service in its entirety for accounts in a past-due payment status; this includes the Service itself and any associated support.

TERMINATION


You agree that Internet Mailing Services in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Internet Mailing Services believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Internet Mailing Services may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Internet Mailing Services may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Internet Mailing Services shall not be liable to you or any third-party for any termination of your access to the Service. These clauses will supplant the agreement outlined in the Internet Mailing Services Contract. Customers may request the termination of the Service provided to them at any time. Customers under contract may be subject to an early termination charge if provided by the contract. Services from Internet Mailing Services are normally billed in advance and are non-refundable except in the case of quarterly, semi-annual or annual payments where a pro-rated portion of the pre-payment will be refunded minus any discount that had been provided for the pre-payment. Customers who accumulate multiple past-due invoices will have access to the Service, and the Service itself, terminated. Exceptions to this rule may only be granted by corporate officers of Internet Mailing Services on a case-by-case basis.

DEALINGS WITH ADVERTISERS


Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Internet Mailing Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS


The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Internet Mailing Services has no control over such sites and resources, you acknowledge and agree that Internet Mailing Services is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Internet Mailing Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

INTERNET MAILING SERVICES'S PROPRIETARY RIGHTS


You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Internet Mailing Services or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Internet Mailing Services grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Internet Mailing Services for use in accessing the Service.

DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Internet Mailing Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2.Internet Mailing Services MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 3.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 4.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Internet Mailing Services OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT Internet Mailing Services SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Internet Mailing Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS "Disclaimer of Warranties" AND "Limitation of Liability" MAY NOT APPLY TO YOU. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from concerning companies, stock quotes, investments or securities, please read the above sections ("Disclaimer of Warranties" AND "Limitation of Liability") again. Internet Mailing Services shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

NOTICE


Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

TRADEMARK INFORMATION


The Internet Mailing Services logo, name, marks, and other product and service names are trademarks of Internet Mailing Services (the "Internet Mailing Services Marks"). Without Internet Mailing Services's prior permission, you agree not to display or use in any manner, the Internet Mailing Services Marks.

COPYRIGHTS and COPYRIGHT AGENTS


Infringement Notification: Internet Mailing Services respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Internet Mailing Services's Copyright Agent the following information by mail or fax: a physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description and URL of where the material that you claim is infringing is located on the site; this must be an exact URL or URL's to the material described above and not the base site URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Internet Mailing Services Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Internet Mailing Services Copyright Agent 3969 Fourth Avenue, Suite #303 San Diego, CA 92103 Tel: 619-269-7442 Fax: 619-374-2262 copyright@internetmailingservices.com Counter Notification: The administrator of an effected site may make a counter notification under the Digital Millenium Copyright Act (DMCA) Section 512(g)(2) and (3). To file a counter notification, you must submit to the Internet Mailing Services Copyright Agent the following information by mail or fax: your address, telephone number, and email address; identification of the material and its location (URL) before removal; a statement by you, made under penalty of perjury, that the material was removed by mistake or misidentification; statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Diego County, California if your address is outside of the United States), and that you will accept service of process or subpoena from the person who provided notification of infringement or an agent of such person. Under the DMCA Section 512(f), any person who knowingly misrepresents that material is infringing, or that it was removed/blocked by mistake, is liable for any resulting damages (including attorneys' fees) incurred by the alleged infringer, the copyright owner/licensee, and Internet Mailing Services. GENERAL INFORMATION The TOS constitute the entire agreement between you and Internet Mailing Services and govern your use of the Service, superseding any prior agreements between you and Internet Mailing Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Internet Mailing Services shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Internet Mailing Services agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.  The failure of Internet Mailing Services to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. VIOLATIONS Please report any violations of the TOS, especially unsolicited commercial email (UCE) violations, to abuse@internetmailingservices.com.

Acceptable Use Policy


As a provider of Internet access, web site hosting, and other Internet-related services, Internet Mailing Services 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. Internet Mailing Services respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Internet Mailing Services reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Internet Mailing Services 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 Internet Mailing Services services. This AUP will be revised from time to time. A customer's use of Internet Mailing Services services after changes to the AUP are posted on Internet Mailing Services web site, www.internetmailingservices.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 Internet Mailing Services 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 Internet Mailing Services cannot monitor or censor the Internet, and will not attempt to do so, Internet Mailing Services 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 Internet Mailing Services 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 Internet Mailing Services network and may reach a large number of people, including both subscribers and nonsubscribers of Internet Mailing Services, subscribers' postings to the Internet may affect other subscribers and may harm Internet Mailing Services goodwill, business reputation, and operations. For these reasons, subscribers violate Internet Mailing Services 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 Internet Mailing Services, but also because it can overload Internet Mailing Services network and disrupt service to Internet Mailing Services subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Internet Mailing Services 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. Internet Mailing Services is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Internet Mailing Services policy to terminate the privileges of customers who commit repeat violations of copyright laws. 

::  Obscene Speech or Materials -- Using Internet Mailing Services network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Internet Mailing Services is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Internet Mailing Services network. 

::  Defamatory or Abusive Language -- Using Internet Mailing Services 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 -- Internet Mailing Services 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 Internet Mailing Services 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. Internet Mailing Services will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Internet Mailing Services policy or applicable law. When Internet Mailing Services 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. 

Internet Mailing Services also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Internet Mailing Services facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Internet Mailing Services does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Internet Mailing Services has the right to directly take action against a customer of a subscriber. Also, Internet Mailing Services may take action against the Internet Mailing Services subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Internet Mailing Services anticipates that subscribers who offer Internet services will cooperate with Internet Mailing Services in any corrective or preventive action that Internet Mailing Services deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Internet Mailing Services policy. 

Internet Mailing Services 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, Internet Mailing Services urges its subscribers to assume that all of their on-line communications are insecure. Internet Mailing Services cannot take any responsibility for the security of information transmitted over Internet Mailing Services facilities. 

Internet Mailing Services 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. Internet Mailing Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Internet Mailing Services 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. Internet Mailing Services 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, Internet Mailing Services may disclose subscriber information or information transmitted over its network where necessary to protect Internet Mailing Services and others from harm, or where such disclosure is necessary to the proper operation of the system. 

Internet Mailing Services 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 Internet Mailing Services policy. Finally, Internet Mailing Services wishes to emphasize that in signing the service agreement, subscribers indemnify Internet Mailing Services for any violation of the service agreement, law, or Internet Mailing Services policy, that results in loss to Internet Mailing Services or the bringing of any claim against Internet Mailing Services by any third-party. This means that if Internet Mailing Services is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Internet Mailing Services, plus costs and reasonable attorneys' fees. 

We hope this AUP is helpful in clarifying the obligations of Internet users, including Internet Mailing Services and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@internetmailingservices.com


Privacy Policy


As a provider of Internet access, web site hosting, and other Internet-related services, Internet Mailing Services 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. Internet Mailing Services respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Internet Mailing Services reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Internet Mailing Services 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 Internet Mailing Services services. This AUP will be revised from time to time. A customer's use of Internet Mailing Services services after changes to the AUP are posted on Internet Mailing Services web site, www.internetmailingservices.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 Internet Mailing Services 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 Internet Mailing Services cannot monitor or censor the Internet, and will not attempt to do so, Internet Mailing Services 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 Internet Mailing Services 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 Internet Mailing Services network and may reach a large number of people, including both subscribers and nonsubscribers of Internet Mailing Services, subscribers' postings to the Internet may affect other subscribers and may harm Internet Mailing Services goodwill, business reputation, and operations. For these reasons, subscribers violate Internet Mailing Services 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 Internet Mailing Services, but also because it can overload Internet Mailing Services network and disrupt service to Internet Mailing Services subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Internet Mailing Services 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. Internet Mailing Services is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Internet Mailing Services policy to terminate the privileges of customers who commit repeat violations of copyright laws. 

::  Obscene Speech or Materials -- Using Internet Mailing Services network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Internet Mailing Services is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Internet Mailing Services network. 

::  Defamatory or Abusive Language -- Using Internet Mailing Services 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 -- Internet Mailing Services 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 Internet Mailing Services 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. Internet Mailing Services will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Internet Mailing Services policy or applicable law. When Internet Mailing Services 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. 

Internet Mailing Services also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Internet Mailing Services facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Internet Mailing Services does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Internet Mailing Services has the right to directly take action against a customer of a subscriber. Also, Internet Mailing Services may take action against the Internet Mailing Services subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Internet Mailing Services anticipates that subscribers who offer Internet services will cooperate with Internet Mailing Services in any corrective or preventive action that Internet Mailing Services deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Internet Mailing Services policy. 

Internet Mailing Services 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, Internet Mailing Services urges its subscribers to assume that all of their on-line communications are insecure. Internet Mailing Services cannot take any responsibility for the security of information transmitted over Internet Mailing Services facilities. 

Internet Mailing Services 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. Internet Mailing Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Internet Mailing Services 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. Internet Mailing Services 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, Internet Mailing Services may disclose subscriber information or information transmitted over its network where necessary to protect Internet Mailing Services and others from harm, or where such disclosure is necessary to the proper operation of the system. 

Internet Mailing Services 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 Internet Mailing Services policy. Finally, Internet Mailing Services wishes to emphasize that in signing the service agreement, subscribers indemnify Internet Mailing Services for any violation of the service agreement, law, or Internet Mailing Services policy, that results in loss to Internet Mailing Services or the bringing of any claim against Internet Mailing Services by any third-party. This means that if Internet Mailing Services is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Internet Mailing Services, plus costs and reasonable attorneys' fees. 

We hope this AUP is helpful in clarifying the obligations of Internet users, including Internet Mailing Services and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@internetmailingservices.com