Terms of Service
Read this Terms of Service Agreement before accessing the iMobileFusion.com website.
Effective Date: This Terms of Service Agreement was updated on September 26th, 2014
This web page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of our website, iMobileFusion.com, sub-domains, and any associated web-based and mobile applications or Services (collectively, "Website"), as owned and operated by iMobileFusion. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at iMobileFusion.com. Site. Your continued use of the Site and service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
a) By using the Site, you agree to only use the Services that are publicly accessible or to which you are properly enrolled or subscribed. Additional Services may be made available from time to time, with respect to which additional terms and conditions may be imposed by iMobileFusion via a separate click through or signed agreement.
b) Your right to use the Site and Service is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with these Terms of Service and any separate agreement between you and iMobileFusion and subject to the limitations set forth herein, you are authorized to access the Site and, to the extent you are eligible or otherwise subscribe, the Services. You are responsible for obtaining any equipment and Internet service necessary to access the Site and Service.
c) Except as expressly set forth in these Terms of Service or other written agreement between you and iMobileFusion, no license or other right in or to the Site or Service are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
2. User Conduct
You may not use the Site or Services to:
a) acquire any rewards or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
b) post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which iMobileFusion considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
c) Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
d) display material that exploits children under 18 years of age;
e) post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
f) promote, solicit or participate in multi-level marketing or pyramid schemes;
g) harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
h) impersonate any other person, including but not limited to, a User, supplier, or any persons associated with iMobileFusion
i) publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
j) publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
k) intentionally or unintentionally violate any applicable local, state, national or foreign law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Services, in any manner; or
l) Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
m) You shall not: (a) modify, adapt or create derivative works based on the Site, the Services available from iMobileFusion or the Site’s content; or (b) disassemble, reverse engineer, or decompile the Services provided via this Site or its content, or access the Site or its content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
n) Any special rules for the use of certain content accessible through Services available through this Site may be included elsewhere within the site and are incorporated into these Terms of Service by reference.
o) Prohibited are sites that promote any illegal activity or present content that may be damaging to iMobileFusion servers, or any other server on the Internet. Links to such materials are also prohibited.
p) The Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
q) iMobileFusion reserves the right, without prior notice and in its sole discretion, to decide whether any User violates these terms and conditions for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the Site and/or the Services.
3. iMobilefusion Mass Mailing Rules
a) iMobileFusion has a zero tolerance policy on spam, Junk E-mail or Unsolicited Bulk Email (UBE) defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. 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 the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information.
b) This prohibition extends to the sending of unsolicited mass mailings from another Service, which in any way implicates the use of iMobileFusion whether or not the message actually originated from our network.
c) iMobileFusion mass mailing rules also apply to mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
d) Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. We also reserve the right to refuse, cancel or suspend services, at our sole discretion.
4. Refunds and Invoicing
a) Domain Names, ID Protection, SSL Certificates and other services we oﬀer are non-refundable. Downgraded hosting accounts we will do a pro-rated refund for unused time. This refund will be added to your account credit. Account credit is non-refundable as cash withdrawal.
b) Web hosting plans come with a predetermined amount of traffic allowance iMobileFusion monitors all accounts and will charge twenty cents ($0.20) USD for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
c) Hosting accounts past 5 days due, will be automatically suspended. We will apply a 10% late fee to past due invoices for all of our Services past 5 days due. After another 5 days, if you still have not made payment we reserve the right to terminate your hosting account. Accounts that are not collectable by iMobileFusion may be turned over to an outside collection agency for collection. Exceptions can be made depending on the situation.
d) Invoice for hosting accounts are generated 7 days before they are due, and a reminder is sent 2 days before your invoice is due.
e) Cancellation of services should occur before the next due date.
5. Requests for User Information
The Terms of Service specifically prohibits the use of our Services for illegal activities. Therefore, User agrees that iMobileFusion may, without notice to User, (i) report to the appropriate authorities any conduct by User or any of User’s Users or end users that iMobileFusion believes violates applicable law, and (ii) provide any information that it has about User or any of its Users or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
For its own operational eﬃciencies and purposes, iMobilefusion from time to time backs up data on our servers, but is under no obligation or duty to subscriber to do so under these terms. It is solely subscriber's duty and responsibility to backup subscriber's files and data on our servers, and under no circumstance will iMobilefusion be liable to anyone for damages of any kind under any legal theory for loss of subscriber files and/or data on any iMobilefusion server.
If iMobileFusion assigns User an Internet Protocol address for User's use, the right to use that Internet Protocol address shall belong only to us and/or our service providers, and User shall have no right to use that Internet Protocol address except as permitted by iMobileFusion in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Users may not use the iMobileFusion network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. USER may not attempt to interfere or deny use to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. iMobileFusion will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
8. Disclaimer of Warranties
The site is provided by iMobileFusion on an "as is" and on an "as available" basis. All content and features of the site and Services are subject to change or termination without notice in the sole discretion of iMobileFusion. iMobileFusion makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, completeness or otherwise. iMobileFusion shall have no liability for any interruptions in the use of this Site, or for failing to correct defects, or for viruses or other harmful components spread by or through the site. iMobileFusion disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
IMOBILEFUSION SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR IMOBILEFUSION SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICES, THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF IMOBILEFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User agrees to indemnify and hold iMobileFusion its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Services, the violation of this Agreement, or infringement by User, or other user of the Services using User's computer, of any intellectual property or any other right of any person or entity.
11. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. DMCA Policy
iMobileFusion respects the rights of others and if you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials. Please refer to our DMCA NOTICE at https://iMobileFusion.com/terms/copyright/
13. Copyright Information
All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright iMobileFusion with all rights reserved, or is the property of iMobileFusion and/or third party licensors protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of iMobileFusion is strictly prohibited.
Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of iMobileFusion Any use of the content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
14. Force Majeure
iMobileFusion shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond iMobileFusion control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes
The Agreement shall be governed by the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to the agreement shall be the state and federal courts of Cincinnati, Ohio and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
16. Questions about Terms
If you have any questions about our terms please contact us at [email protected]