The Service

Interactive Mirage Incorporated provides a variety of paid services including email hosting, web hosting, spam filtering, domain registration, software developement and design. The details of these services are provided on the Interactive Mirage Incorporated website. Within these Terms of Service ("TOS") these services will be referred to as the "Service" or "Services".

Fees and Payment

Interactive Mirage Incorporated will invoice you at the beginning of your chosen billing term for the Service provided. Payments for the Service are processed at the beginning of the billing term chosen (monthly, semi-annually or annually). If credit card payments are not able to be processed (e.g. transaction(s) declined due, but not limited to, inactive and/or expired credit cards) alternative payment is due within fourteen (14) days. If after fourteen (14) days payment is not made, your Service account(s) will automatically be suspended pending final resolution. Interactive Mirage Incorporated reserves the right to remove your Service account(s), email, database(s) website(s) and all web content and/or files from our hosting environment if payment is not received within twenty-one (21) days. Interactive Mirage Incorporated reserves the right, at its sole discretion, to deactivate and/or terminate your Service account(s) upon an indication of credit problems including delinquent payments.

Cancellation

You may cancel the Service at any time by notifying Interactive Mirage Incorporated via email, phone, fax, or by submitting a cancellation request within the Client Portal. Cancellation must be requested at least ten (10) days prior to the start of the next billing term in order to avoid an additional months charges. Interactive Mirage Incorporated does not issue partial refunds or credits for early cancellations. All payments to Interactive Mirage Incorporated are final and non-refundable.

Copyrights and Trademarks

Any elements of text, graphics, photos, artwork, videos, sounds, designs, trademarks, executable files, source-code or any files that have been provided by you to be hosted on the Interactive Mirage Incorporated web server are owned by you, or that you have permission from the rightful owner to use each of these elements. You will hold harmless, protect, and defend Interactive Mirage Incorporated, its employees and subcontractors from any claim or suit arising from the use of such elements hosted by Interactive Mirage Incorporated for you. It is your responsibility to obtain written permissions for use of copyrighted material.

Interactive Mirage Incorporated retains ownership of the copyright for any elements of text, graphics, photos, artwork, videos, sounds, designs, trademarks, executable files, source-code or any files that have been created, developed or designed by Interactive Mirage Incorporated, its employees and subcontractors until the receipt of full payment for service performed.

Laws Affecting Electronic Commerce

You agree that it is your responsibility to comply with the laws, taxes, and tariffs related to E-commerce, and you will hold harmless, protect, and defend Interactive Mirage Incorporated and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce. You also understand that Interactive Mirage Incorporated cannot provide legal advice.

Termination of Services

Interactive Mirage Incorporated reserves the right to refuse or discontinue service to anyone at our sole discretion. Interactive Mirage Incorporated may deny you access to all or part of the service without notice if you engage in any conduct or activities that Interactive Mirage Incorporated believes violates any of the Terms of Service in this agreement. Interactive Mirage Incorporated shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Interactive Mirage Incorporated has the right to monitor the service electronically and to disclose any information as necessary to satisfy the law, or to protect itself or its customers. Interactive Mirage Incorporated reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.This website hosting agreement may be suspended or terminated by Interactive Mirage Incorporated at any time where:

  1. You are in breach of any of the conditions of this agreement
  2. You or your company become insolvent
  3. Your Invoices are more than twenty-one (21) days overdue
Data Protection Act

It is your responsibility to register under the data protection act if necessary for the storage and transmission of data. Any data collected and transmitted on via the website is the your sole ownership and as such you are responsible for the legal use of that data. You hereby agrees that any material submitted for publication on the Interactive Mirage Incorporated server through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be be deactivated without warning by Interactive Mirage Incorporated. You hereby agree to indemnify and hold harmless Interactive Mirage Incorporated for any claim resulting from the submission of illegal materials.

Service Interruption

From time to time, Interactive Mirage Incorporated may have to suspend the Service for technical reasons, to maintain the network, servers or to prevent improper use of Interactive Mirage Incorporated services or network. You agree that under no circumstances will Interactive Mirage Incorporated be held liable for any financial or other damages due to such interruptions. In no event shall Interactive Mirage Incorporated be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. The following also apply:

Interruption Outside Our Control: Interactive Mirage Incorporated shall not be liable for interruption of the Service if such interruption is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, terrorism, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, inclement weather, cable cuts, interruption of or delay in transportation, unavailability of, interruption or delay in email, telecommunications, or third-party services including DNS propagation, third-party provider outages, failure of third-party software or hardware or inability to obtain raw materials, equipment, supplies or power used in or equipment needed for provision of the Service. Such occurrences will not entitle you to a credit for interruption of the Service.

Interruption Due To Your Responsibility: Interactive Mirage Incorporated shall not be liable for the disruption of the Service if such interruption is due to your responsibility. Your responsibility includes the maintenance of ANY third-party information or data such as Domain Registrar details, passwords, login details, account settings, service configuration, DNS settings, domain renewal and/or registration dates. Such occurrences will not entitle you to a credit for interruption of the Service.

Warranty

Interactive Mirage Incorporated makes no warranties or representations of any kind for the Service offered. The Service is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Advice or information provided or given by Interactive Mirage Incorporated, its employees or agents does not create or constitute a warranty. Interactive Mirage Incorporated provides no warranty that the Service will be uninterrupted or error free or that any data, files, information, software or other material accessible on the Service is free from viruses or other harmful components. Under no circumstances shall Interactive Mirage Incorporated be liable for any direct, indirect, special, consequential, or punitive damages that result in any way from your use of or inability to use the Service, or for third parties' use of the Service to access your Web space, account, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

  1. You assume total responsibility and risk for your use of the Service, your account and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of the Service and/or merchandise provided through Interactive Mirage Incorporated or on the Internet.
  2. You understand that by placing data, files and information on Interactive Mirage Incorporated servers that such data, files and information becomes available to all Internet users and that Interactive Mirage Incorporated has no way of limiting or restricting access to such data, files or information or protecting such data, files or information from copyright infringement.
  3. If you are dissatisfied with the Service provided by Interactive Mirage Incorporated or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service provided.
Indemnification

You agree to defend, indemnify, save and hold Interactive Mirage Incorporated harmless from all demands, liabilities, losses, costs and claims, including any attorney's fees associated with your use of the Service, your publication of material or use of those materials. This includes Liabilities asserted against Interactive Mirage Incorporated, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from services you have provided or performed or agreed to be performed or any products that you have sold, its agents, employee or assigns. You also agree to defend, indemnify and hold harmless Interactive Mirage Incorporated against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over any website we host for you. This includes infringing on the proprietary rights of a third-party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. Interactive Mirage Incorporated is not responsible for any damages arising from your use of the Service or by your inability to use the Service for any reason. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Interactive Mirage Incorporated is not liable for protection or privacy of email or other information transferred through the Internet or any other network provider that you may utilize.

Limitation of Liability

In no event (death or personal injury excepted) will Interactive Mirage Incorporated be liable to you for any indirect, incidental or consequential damages arising out the Service, ANY services or any products provided by Interactive Mirage Incorporated under any agreement, even if you have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to you.

Alterations and Amendments

Interactive Mirage Incorporated reserves the right to update and change these Terms of Service from time to time, including without limitation, with respect to applicable fees and service charges. Further, Interactive Mirage Incorporated may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing these Terms of Service. Your continued use of the Service shall constitute your agreement to all Terms of Service and all amendments to these Terms of Service. You can always find the most recent version of these Terms of Service by accessing this web page.

Acceptance

By storing, transferring and maintaining files, data, email, databases and information on Interactive Mirage Incorporated servers you are demonstrating, stating and acknowledging that you have read, understand and agree to be bound by these Terms of Service.

Questions, Comments and Suggestions

We welcome your comments and questions regarding our policies. We are dedicated to providing the best possible hosting experience and appreciate your feedback. Please contact us if you have any additional questions or comments.