The following is the entire Terms and Conditions required as a customer to any of the services from Optimus Media. You must be at least 18 years of age to subscribe to or purchase any of Optimus Media’s services. Additional terms may be added as required with new or modified services.
The account holders are responsible for all activity and all charges on their account. Violations of any of the terms or conditions or any illegal or immoral activity will be grounds for immediate termination of service without notice. No refunds will be given for a partial month.
Optimus Media reserves the right to change fees or billing methods with at least 30 days advance notice. The account holder is responsible for all reasonable and lawful charges including, but not limited to, regular service charges, taxes, etc., and the Optimus Media service charge schedule.
Optimus Media fees are billed and collected periodically for most services except for monthly rates (which are billed monthly in advance) and annual rates (which are billed yearly in advance). It is the responsibility of the customer to notify the billing department of E-mail address changes. Late charges or service fees may be applied if accounts are more than 30 days past due and will not be waived if the customer fails to receive notice because of no E-mail account or an invalid account. An account that is 30 days past due may be deactivated by Optimus Media and may be terminated at the discretion of Optimus Media accounting. Optimus Media will apply a late fee or service charge of $5.00 or 1.5% (which ever is greater) per month for past dues balances. The due date is the monthly or yearly anniversary date. Anniversary dates that fall on the 29th, 30th or 31st in a month without that date will be billed on the last day of the month. Yearly charges for customers who pay by credit card will automatically be charged on their yearly anniversary date.
Termination and Cancellation:
Either party (Optimus Media or the customer) may terminate services at any time. Termination of the account is the customer’s sole remedy for any dispute with Optimus Media. Refunds will not be given for partial month services or services already rendered such as past months. Refunds may be given to annual hosting customers within 90 days of account creation. Termination may not be made via email. Setup fees are non-refundable.
Optimus Media will not tolerate inappropriate conduct in the use of any of its services including, but not limited to, conduct which is illegal, immoral, deceitful, vulgar, a violation of copyright, invasion of privacy, gambling, or any unauthorized attempt to access or use facilities which are the property of Optimus Media, its customers or vendors. Any attempt to gain unauthorized access, bypass security or disrupt services will be prosecuted immediately and to the fullest extent of the law. Violations of good conduct will result in immediate deactivation and termination of services without notice.
Any use of E-mail services to intimidate, harass, or disrupt will also be considered bad conduct. Optimus Media services are for private and business uses and are not intended for bulk mailings. Bulk or unsolicited mail detected on Optimus Media systems may be terminated and removed without notice. This includes mail with viruses, pornography, vulgarity, harassment, threats, hate or any other material that violates Optimus Media’s content guidelines. Any attempt to acquire or use Optimus Media’s E-mail customer list is also prohibited.
Optimus Media reserves the right to approve all content uploaded or downloaded from its systems or services. Content is defined as any material used to communicate, inform, or execute and that is resident on Optimus Media systems. Content that violates the current Optimus Media standards or is deemed illegal by any federal, state or local law is prohibited. This includes, but is not limited to, vulgarity, violence, erotic sexual content, adult material, satanic or cult material, drugs, destructive behaviors and hate. Any content that is deemed to violate Optimus Media’s content standards will be removed without notice and customer services will be terminated.
While Optimus Media endeavors to provide the highest quality of service and uptime, the Internet world is not perfect and there will be temporary outages from time to time. Optimus Media makes every reasonable effort to minimize downtime. Down time is not grounds for credits or refunds. Optimus Media reserves the right to add, modify or eliminate services and charges for services in order to better serve customers.
The services, under this agreement, will be performed in a timely and professional manner and the services shall conform to the standards generally observed in the industry for similar services.
Services provided by Optimus Media will comply with all telecommunication laws, applicable laws, rules and regulations.
Optimus Media shall not be responsible for the installation, operation or maintenance of equipment or software not provided by Optimus Media or its affiliates.
Client assumes responsibility and risk for its use and authorized users’ and any unrelated party’s use of the Internet. Neither Optimus Media nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through the Internet not created or provided by Optimus Media, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely client’s responsibility and authorized users’ responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided on the Internet.
Except as provided in section labeled warranties above, this service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Optimus Media, its affiliates or its contractors or their respective employees shall create a warranty. Neither Optimus Media nor its affiliates, nor its network provider, warrant that the service will be transmitted or error free or that any information, software or other material accessible on the internet is free of viruses, worms, trojan horses or other harmful components. In the event of a service interruption, Optimus Media will use its best efforts to restore service through its network provider.
Under no circumstances shall Optimus Media, its affiliates or its contractor be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from clients (or authorized users) and any unrelated party’s use of or inability to use the services or to access the internet or any part thereof, or client’s (or authorized users’) and any unrelated party’s reliance or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance.