Terms of Use

Policy

Upon signing up for services with Internet Matrix, Inc., hereafter known as "iMatrix", all customers agree to comply with iMatrix's Terms of Use. The spirit of this policy is to ensure our customers are using iMatrix's services with due regard to the rights of other Internet users and in conformity with the requirements of iMatrix's network environment.

Illegal Use
iMatrix servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, unlicensed MP3 files, and IRC bots.

Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

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 the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. iMatrix shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts
CGI script sharing with domains not hosted by iMatrix is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Background-Running Programs and Cron Jobs
iMatrix may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact iMatrix at info@imatrix.com so that we can arrange set-up.

IRC
iMatrix does not allow IRC or IRC bots to be operated on our servers

UCE (Unsolicited Commerce Email) — SPAM
Spamming, the sending of unsolicited mass email from or through an iMatrix server or using an email address that is maintained on an iMatrix machine is STRICTLY prohibited. iMatrix will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a iMatrix server as a mail drop for responses. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

Server Abuse
Any attempts to undermine or cause harm to an iMatrix server or customer are strictly prohibited.

Software Distribution
iMatrix's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact info@imatrix.com to make special arrangements.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. iMatrix shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases
Any database stored on iMatrix's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify iMatrix of an infringement of your copyright, the DMCA requires that you:

Send your notification to iMatrix's designated agent. You may choose any of the following three avenues for this notification:

1. Email to abuse@imatrix.com
2. Fax to iMatrix, Attention: Abuse
3. Mail or courier to: iMatrix, Attention: Abuse, 6650 Flanders Dr., San Diego, CA 92121

Include in your notification the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
• Identification of the copyrighted work(s) claimed to have been infringed
• Identification of the material claimed to infringe the copyright(s), and enough information for iMatrix to locate it
• The Claimant's name, address, and telephone number(s)
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Actions Taken by iMatrix
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. iMatrix will be the sole arbiter as to what constitutes a violation of the Terms of Use. iMatrix reserves the right to remove any account without prior notice.
When iMatrix becomes aware of an alleged violation of its Terms of Use, iMatrix will initiate an investigation. During the investigation, iMatrix may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, iMatrix may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, iMatrix will notify the appropriate law enforcement authorities of such violation.

iMatrix does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.
iMatrix customers agree to indemnify and hold harmless iMatrix from any claims resulting from the use of our services that damages them or any other party. The iMatrix service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. iMatrix expressly disclaims any representation or warranty that the iMatrix service will be error-free, secure or uninterrupted. No oral advice or written information given by iMatrix, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. iMatrix and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
iMatrix reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.