Terms and Conditions
By purchasing services from Imerge.com, you agree to be bound by the following terms and conditions:
In order to ensure uninterrupted service to your website, the service contract will automatically renew unless canceled by the site owner. Imerge requests that cancellation requests be made via phone or email at least 48 hours prior to the date of renewal (usually the first day of each month). Imerge will acknowledge the cancellation notice within 24 hours of receipt. Your satisfaction is important to us and Imerge will honor all requests promptly. If you do not receive acknowledgment, please contact a representative as soon as possible.
Imerge web hosting services carry an unconditional 30 day satisfaction guarantee. If you are dissatisfied for any reason within the first 30 days of service, please contact us by phone or email for a full and immediate refund of all hosting fees. However, domain names are not refundable.
Acceptable Use Policy
Imerge reserves the right to refuse or discontinue service to any site at our sole discretion. Imerge does not allow the following types of sites:
Imerge will not host websites which are advertised through unsolicited email, excessive newsgroup crossposting, or off-topic newsgroup posts. What is considered spam is determined at the sole discretion of Imerge. We will make every effort to work with our customers to insure that legitimate websites are not shut down due to what may be wrongly interpreted as unsolicited mail. Although we are first and foremost an advocate of our customers, sites in flagrant violation of this policy will be shutdown without a refund of any kind. In addition, to protect the quality of service for all of our customers, any bulk emailing that adversely affects the performance of our shared mail servers will be either discontinued or moved, pending customer approval, to a more expensive server plan.
- Websites containing any pornographic material. What is considered pornographic is determined at the sole discretion of Imerge.
- Racist or hate-related websites
- "Warez" sites, including but not limited to any copyrighted software or music files
- Websites which provide methods for circumventing copy protection ("cracks", key codes, serial numbers, decoder chips, etc...) are also not permitted.
- Websites that transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services.
- Any content which is not legal in the United States
- Unsolicited Bulk Email (SPAM). All emails must be permission (opt-in) based and must comply with the CAN-SPAM Act of 2003. What is considered spam is determined at the sole discretion of Imerge.
Bandwidth and Overages
Each hosting plan is allocated a specific amount of network and system resources which is clearly specified on our website. We realize that from time to time, customers may have unanticipated circumstances which cause their websites to use more bandwidth, disk space, or other resources than they have been allocated with their plan. In extreme cases, such overages may result in additional charges or the request to upgrade your service to a more suitable plan. Imerge will make every effort to contact you to prevent any unexpected charges or service interruptions. If the resources required by your website negatively impact other customers in our shared hosting environment, we may take steps, including possible temporary suspension of service, to restore normal server operations. Under all circumstances, suspension of service is an absolute last resort and we will make every effort to work with our customers to insure continuous and trouble-free service.
Limitations of Liability and Indemnification
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
No Other Warranty
IMERGE INC. DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OF THE INFORMATION TRANSMITTED THROUGH ITS FACILITIES. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S), IMERGE INC. DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IMERGE INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Disclaimer of Actions Caused by and/or Under the Control of Third Parties
IMERGE INC. DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM IMERGE INC.'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). IMERGE INC. CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY IMERGE INC. DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
Delays and Interruptions
IMERGE INC. SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND IMERGE INC. SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF IMERGE INC.'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER IMERGE INC. NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO IMERGE INC.'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF IMERGE INC.'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys' fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify Imerge Inc. and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse Imerge Inc. and its affiliates for all legal expenses, including reasonable attorneys' fees, incurred by Imerge Inc. and its affiliates in connection with any such Losses.
EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.