Terms and Conditions
  1. Client: As used herein "Client" is a person or party who, representing a third party, contract with ISM, Inc. for certain goods and services. Client is solely responsible to ISM, Inc. to fulfill all terms of the contract and these terms and conditions. ISM, Inc. shall hold no obligations to any third party with whom client may contract.
  2. Acceptance: Client agrees to all the terms of this agreement when Client signs up for the use of the ISM, Inc. hosting services or any other ISM, Inc. service or product.
  3. Pricing: The pricing on the ISM, Inc. Hosting Web Site, and all ISM, Inc. Web Sites, are subject to change. Upon requesting an ISM, Inc. service or product, Client will receive an emailed decryption of the service or product with the rate to be charged. Client is responsible for checking to confirm pricing.
  4. Banned Site Content: The following types of Web Site content is banned from the ISM, Inc. servers. If such a Web Site is found to be active on the ISM, Inc. server it and will be taken down and all monies paid by the Client to ISM, Inc. will be forfeited.
    • Pornographic
      • All material deemed X-rated or pornographic
      • Adult membership sites
      • Adult related products and services
    • Gaming
      • Lottery and gaming
      • Sweepstakes
    • High Traffic Sites
      • Video downloads
      • Audio Downloads
      • Online Newsletters
      • Online Auctions
      • Travel and travel related businesses
    • Libelous Sites
      • Selling or promoting illegal substances and/or activities
      • Infringement on anothers trademarked or copyrighted materials or services
      • Pyramid schemes
      • Escort Services
      • High dispute risk sites
      • Credit card insurance programs
      • Multi-level marketing companies
      • Mass Email programs
  5. Spam: Client will not send any unsolicited email through the ISM, Inc. to multiple recipients or groups.
  6. Liability: ISM, Inc. will not be held responsible for any loss of use, revenue, anticipatory profit or for any direct, indirect or consequential damages resulting from the malfunction of the ISM, Inc. server, connections or actions.
  7. Indemnity: CLIENT expressly agrees to indemnify and hold ISM, Inc., including its officers, employees and partners harmless from any claim or any demand, including reasonable attorney's fees, for any errors or omissions resulting from the normal design, maintenance of any and all hosted of Client's Web Sites.
  8. Web Site Files: ISM, Inc. will not be held responsible for the loss of any files stored on the ISM, Inc.'s servers. CLIENT will keep backup copies of all files transferred to ISM, Inc.'s servers to assure proper replacement if needed. ISM, Inc. will keep no backup copies.
  9. Down Time: ISM, Inc. will not be held liable for any server downtime due to regular maintenance schedules, FTP malfunctions and/or other factors beyond the control of ISM, Inc.
  10. Functionality: It is the responsibility of the Client to ensure the compatibility of Client's Web Sites to the ISM, Inc. hosting server software.
  11. Revisions: ISM, Inc. reserves the right to make any changes deemed necessary to this agreement at any time, and to post the current information on the ISM, Inc. Web Site. Your continued use of the ISM, Inc. hosting services after the new information has been posted constitutes your acceptance of the new terms.
  12. Termination: Either party may terminate the agreement at any time. Upon termination, Client's right to use terminated service ends. ISM, Inc. shall not be held liable for accepting forged email termination notices. Client's sole remedy shall be to have the service reinstated.
  13. Payment: Payment shall be made in U.S. dollars. All setup fees are non-refundable. A recurring billing cycle will be established by ISM, Inc. based on service purchased by Client. IF payment is by credit card, Client allows ISM, Inc. to charge the named credit card on the purchase form for those charges listed and any fees past due resulting from non-paid services from future billing cycles.
  14. Default: Client relinquishes all rights to services if payment is not received within 15 days of invoice. If there is a billing dispute, there is no waiver of the 15 day payment due date. Client will pay the required fee and shall be reimbursed if the dispute is found in the Client's favor. Any check that is returned as unredeemable will result in a charge of $25.00. Accounts in default are subject to a $25.00 charge and an interest charge of 1.5% per month of the outstanding balance.
  15. Governing Law: Client and ISM, Inc. agree that this agreement is considered to have been made in the in the county of Allegheny, state of Pennsylvania, in the country of the United States of America. Any action brought under, arising out of, or in connection with this agreement or any breach or alleged breach thereof, shall be brought in the city of Pittsburgh, the county of Allegheny, the state of Pennsylvania, the country of the United States of America.