Terms of Service

   Contents

I. Financial Arrangements
II. Taxes
III. Material and Products
IV. Etiquette and Policy
V. Charges for Space and Server Traffic Above Allocated Limits
VI. Termination
VII. Limited Liability
VIII. Idemnification
IX. Partial Invalidity
X. Disputes
XI. Confidentiality and Privacy
XII. Sign-up Form

This is our account service contract. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers.

Imperial Earth Internet, a division of Glass Nebula Studio (hereafter "Provider"), is a Value Added Web Hosting and Design Service engaged in the hosting and service of personal and business World Wide Web pages for artists and photographers. The goal of Provider is to provide you with the best service possible for an enjoyable Internet experience. Provider is committed to and supports the free flow of information and ideas over the Internet. Provider does not actively monitor nor does Provider exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Provider services. However, Provider reserves the right to remove any materials Provider does become aware of that are, in Provider's sole discretion, potentially illegal, could subject Provider to liability, or violate this policy. The use of Provider is subject to the following terms and conditions.

Provider may amend this agreement on an as needed basis by placing an update of this posting, and your continued use of Provider services following each updated posting shall be deemed to be your acceptance of any such modification. If you do not agree with the Terms and Conditions of Provider or any modifications or changes to this Agreement, you (hereafter "Client") must immediately stop using the service.

  I. Financial Arrangements

  1. Client agrees to the contract for the length specified, commencing upon submission of this sign-up form or Provider's receipt by fax, postal mail, or express delivery.

  2. Client agrees to pay Provider for services rendered pursuant to the payment schedule.

  3. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods unless canceled or modified by client in writing prior to the renewal date. Any changes made to the Client's plan (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly.

  4. Billing: Provider bills on a monthly, quarterly or yearly cycle, depending on what option and plan has been selected. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account. For credit card Clients, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For check/money order Clients, Provider must receive your check/money order by the beginning of your billing period.

  5. Provider reserves the right to suspend the Clients account and services without notice should there be any problems with the Clients method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks.

  6. Late payments, credit card refusals, expirations, chargebacks, disputes are subject to fines, suspensions and account terminations at Provider's discretion. All unpaid balances incurred during period of service by Provider are subject to collection.

  7. Fees: Provider charges a $25.00 fee for returned checks as well as chargebacks. For international Clients, if you are sending a check/money order the amount must be drawn in US dollars. All T/T(wire) payments must include a $15 processing fee with each payment.

  8. All orders are subject to acceptance by Provider. An order will be deemed accepted by Provider when confirmation of the order is sent to Client. Provider may refuse to accept any order, or delay acceptance awaiting completion of conditions Provider may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and Provider agrees to provide Client with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
  II. Taxes

Provider shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Provider's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.

  III. Material and Products

Provider will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. Provider makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. Provider also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. Provider is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of Provider is at the Client's own risk, and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to Provider and does not represent guarantees of available end to end bandwidth. Provider expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability, provided that qualified evidence is supplied that identifies the unavailablility as being due to Provider's servers and not that of network outages, Denial of Service attacks, heavy network traffic or acts of God. Provider specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", Provider may, at its option and at any time, reject this material, including but not limited to after it has been put on Provider's Server. Provider agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Provider or, in the case of security vulnerabilities, Provider may disable or edit materials immediately to remove said vulnerabilities. If the Client fails to modify the material, as directed by Provider, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

  IV. Etiquette and Policy

  1. Provider's complete Acceptable Use Policy is included as part of this agreement.

  2. Provider may impose reasonable rules and regulations regarding the use of its services. Client shall impose such rules and regulations on its Clients to the extent necessary to ensure compliance.

  3. Provider may discontinue servicing any Plan, or may require fulfillment of terms or conditions Provider may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Provider agrees to provide Client with reasonable notice by E-mail and fax of any such intent to discontinue or impose certain conditions.
  V. Charges for Space and Server Traffic Above
      Allocated Limits

Client agrees that it will be charged and will remit payment for extra disk space and server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess disk usage and server traffic are posted in the Hosting Plans form.

  VI. Termination

  1. This Agreement may be terminated by Provider, without cause, by giving Client 30 days notice via e-mail or fax. In such event, Provider will be required to pay to Client an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, Provider may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the client's responsibility to point their domain(s) to another service provider upon termination, cancellation or discontinuation of service.

  2. Cancellations: Any request for cancellations must be received via the Web form, regular mail or fax and you'll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted. Submission of the cancellation form does not automatically complete the cancellation request—your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic/Registrar problems, ISP problems, or any other secondary issues not directly related to Provider's services does not qualify an account for cancellation. Clients are urged to make sure that they receive a cancellation confirmation from Provider, indicating that the closure of a domain and/or an account has been completed.

  3. 30 Day Money Back: The 30 day money back applies to all Provider webhosting plans. Following services do not qualify for 30 day money back guarantee: additional items and services; dedicated servers; domain parking. If you are not completely satisfied with our services within the first 30 days of your initial activation date, you will be given a full refund of the contract amount excluding setup fees and overages.

  4. Refunds: Refunds are only available within the 30 day money back period. Provider will not issue refunds or credits under any circumstances past the 30-Day money back guarantee.
  VII. Limited Liability
  1. Client expressly agrees that use of Provider's Server is at Client's sole risk. Neither Provider, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Provider's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Provider Server service, unless otherwise expressly stated in this Agreement.

  2. Under no circumstances, including negligence, shall Provider, its officers, agents or any one else involved in creating, or distributing Provider's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Server service.
  VIII. Idemnification

Client agrees that it shall defend, indemnify, save and hold Provider harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against Provider, its agents, its Clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Provider Server.

  IX. Partial Invalidity

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Provider and Client agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

  X. Disputes

The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in King of Prussia, Pennsylvania or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.

Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

  XI. Confidentiality and Privacy

  1. Provider's complete Privacy Policy is included as part of this agreement.

  2. Client acknowledges that by reason of their relationship, both Client and Provider may have access to certain products, information and materials relating to the other party's business, which may include business plans, Clients, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Provider and Client agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.

  3. Client and Provider further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed.

  4. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Client or Provider.

Go to the Sign Up Form


Copyright © 1995-2002 Imperial Earth Internet, All Rights Reserved Rev. 7/02