Terms Of Service

At Net Impressions, Inc., 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 Net Impressions, Inc.'s Service available to all our customers as consistently and efficiently as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through Net Impressions, Inc.'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 Net Impressions, Inc. 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.

Net Impressions, Inc. 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, Net Impressions, Inc. has the right, but not the obligation, to edit, remove or deny access to such content. Net Impressions, Inc. may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Sites that promote any illegal activity or content that may be damaging to Net Impressions, Inc.'s servers or any other server on the Internet are strictly prohibited. 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:

• 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.

CGI Scripts
Each Net Impressions, Inc. 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 Net Impressions, Inc. is not allowed.

Chat Rooms
Net Impressions, Inc. prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Net Impressions, Inc. 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
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.

Background Running Programs
Background daemons in general are prohibited. Net Impressions, Inc. will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
Net Impressions, Inc. currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Net Impressions, Inc. Network.

Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the Net Impressions, Inc. Network, Net Impressions, Inc. equipment or any Net Impressions, Inc. 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 Net Impressions, Inc. Network, Net Impressions, Inc. equipment or any Net Impressions, Inc. 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, Net Impressions, Inc. reserves the right to disable your domain/terminate your account. In addition, Net Impressions, Inc. may impose a $100 penalty for each spam policy violation. Net Impressions, Inc. solely reserves the right to refuse or cancel service to known spammers. Lastly, Net Impressions, Inc. 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
Violation of indecency and obscenity laws can result in criminal penalties.

Bandwidth
Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances per server per calendar month, such that the incoming bandwidth allowance is half of the advertised value and the outgoing bandwidth allowance is half of the advertised value. For example, 2,000 GIG means you have 1,000 GIG exclusively for downloads per calendar month, and 1,000 GIG exclusively for uploads per calendar month. Customer agrees that bandwidth usage that exceeds the allowance either incoming or outgoing shall be billed at $1.00 per GigaByte. These amounts are calculated at the data center's Ethernet switch and are 100% accurate and nondisputable. If you would like a bandwidth report statement directly from our data center for any given month for any server, this can be provided upon your request at the cost of $100 each.

Intellectual Property Rights
Material accessible to you through Net Impressions, Inc.'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 Net Impressions, Inc. 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 Net Impressions, Inc. Network. If you use a domain name in connection with the Net Impressions, Inc. 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
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Domain name
Domain registration/renewal for domains we register on your behalf are $15 per year. Discounts or free promotions for domain registrations/renewals are extended during your hosting period with us only. Once your hosting account is cancelled or expires, if you choose to change domain registrars or hosting providers, the difference between the amount paid for your domain to us and the actual full cost for the domain at the full price since the original registration date is due before we will release the domain.

Refusal of Service
Net Impressions, Inc. reserves the right at its sole discretion to refuse or cancel service. Violation of any of Net Impressions, Inc.'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.

Indemnification
Customer agrees that it will protect, indemnify, save and hold Net Impressions, Inc. harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Net Impressions, Inc., 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 Net Impressions, Inc. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Net Impressions, Inc.'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 Net Impressions, Inc.'s Services.

Waiver
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of Net Impressions, Inc. to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

Severance
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.

Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Oregon. The Oregon state courts of Lane County, Oregon (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Oregon) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.

Customer's Sole Remedy
Net Impressions, Inc.'s entire liability and Customer's exclusive remedy shall be the refund of up to thirty (30) days of service.

Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH Net Impressions, Inc. IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY Net Impressions, Inc. OF THE RISK OF CUSTOMER'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT Net Impressions, Inc. SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of Net Impressions, Inc. to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Net Impressions, Inc. by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Net Impressions, Inc. arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were Net Impressions, Inc. to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Satisfaction Guaranteed:
Net Impressions, Inc. offers a money back guarantee on our web hosting services for the first 30 days of service. If you are not completely satisfied with our web hosting services within the first 30 days of service provided, you will be given a full refund of the hosting amount excluding setup fees, domain registration fees and overages.

Disputes:
All payments after the first 30 days of service to Net Impressions, Inc. are nonrefundable regardless of reason or usage. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at Net Impressions, Inc.'s sole discretion is a valid charge under the provisions of the TOS, you agree to pay Net Impressions, Inc. an "Administrative Fee" of $100 per dispute.

Non-Payment:
Payment for services must be received no later than 3 days after the first day of the renewal cycle. (For example, if your renewal date is on the 1st of each month, payment must be received no later than the 4th of each month.) If payment is not received within this timeframe, services may be suspended. If payment is not received within 7 days after the first day of the renewal cycle, services will be irrevocably terminated and all data will be irrevocably removed. An unsuspension fee of $150.00 may be added to unsuspend services.

Customer Requested Cancellation:
Customer agrees to notify us of request to cancel at least 15 days prior to the next bill date.

Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our 'Feedback' department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our 'Feedback' department first.

Disclaimer
Net Impressions, Inc. will not be responsible for any damages your business may suffer. Net Impressions, Inc. makes no warranties of any kind, expressed or implied for services we provide. Net Impressions, Inc. 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 Net Impressions, Inc. and its employees. Net Impressions, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Net Impressions, Inc. 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, Net Impressions, Inc. wishes to emphasize that in accepting services, customers indemnify Net Impressions, Inc. for the violation of any law or Net Impressions, Inc. policy, that results in loss to Net Impressions, Inc. or the bringing of any claim against Net Impressions, Inc.. This means that if Net Impressions, Inc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Net Impressions, Inc., plus costs and reasonable attorneys' fees.

Confidentiality Statement
We at Net Impressions, Inc. insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Net Impressions, Inc., its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Net Impressions, Inc. staff members only.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

This agreement, user account, and billing will automatically renew unless cancelled in writing 15 days or more prior to the renewal date. If applicable, a cancellation fee equal to one month's web hosting fee will apply.