IMS Internet Terms of Service = (TOS)

The following are the terms and conditions for use of Innovative Micro Solutions, Inc. internet service, including without limitation email, personal web space and other services which may be offered from time to time by Innovative Micro Solutions, Inc. for use with your login name (each feature individually and collectively referred to as the "Service" or "IMS Internet"). Please read them carefully.

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

A. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account you must complete the registration process by providing us with current, complete and accurate information as required by the registration form. You then will choose a password and account name. You are entirely responsible for any and all activities that occur under your account. You agree to notify IMS Internet immediately of any unauthorized use of your account or any other breach of security.

B. PRIVACY

It is IMS Internet's policy to respect the privacy of its members. IMS Internet will not edit or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless IMS Internet has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of IMS Internet; (3) enforce the TOS; or (4) act to protect the interests of its members or others. You agree that IMS Internet may access your account, including its contents, as stated above and below or to respond to service or technical issues.

1. IMS Internet exercises no control whatsoever over the content of the information passing through its system. IMS Internet makes no warranties of any kind, whether expressed or implied, for the service it is providing. IMS Internet also disclaims any warranty of merchantability or fitness for a particular purpose. IMS Internet will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by IMS Internet or by your own errors or omissions. Use of any information obtained via IMS Internet is at your own risk. IMS Internet specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. IMS Internet may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless IMS Internet from any claims resulting from your use of the service which damages you or another party.
3. Any access to other networks connected to IMS Internet must comply with the rules appropriate for that other network. Connectivity is provided for yourself or organization only. Resale or use of the connection by another user or organization is prohibited.
4. IMS Internet dial-up Internet services are for the individual's personal use only. Any shared usage of IMS Internet accounts must be through our dedicated connectivity options.  Services included with dial-up accounts, such as web hosting, are also limited to personal use.  Determination of whether a web site is personal or not is at the sole discretion of IMS Internet . Web sites with adult content are not allowed.
5. IMS Internet Services will not be held responsible if you do not get your invoice. For example.. because your e-mail was not working, you could not get on-line, or because the postman didn't get it to you. It is up to the customer to know when their payment is due and monthly invoices are just a reminder of the due date.
6. ( UPDATED 2-24-2003 ) Accounts come with 500 hours ( anything over 500 hours will be metered and billed at $1.50 an hour ) IMS Cable Internet Customers hours are not counted with cable access as it does not utilize telephone line resorces. ) Dial-up accounts are for = interactive use only, and users are expected to disconnect when not actively using the service. = Dial-up accounts are for = interactive use only, and users are expected to disconnect when not actively using the service. = Unreasonably excessive use of time or resources on our dial-up phone lines and servers is prohibited. This includes, but is not limited to, connections that are inactive for a period of 30 minutes or more. Prolonged time online that exceeds 24 hours. Continued violations will constitute "unreasonable excessive use of time and resources" of IMS Internet and access will be terminated at IMS Internet's discretion. Refunds may be prorated at IMS Internet's sole discretion. USER also acknowledges other services are available from IMS Internet for an additional charge. A list of such other services which are currently available from IMS Internet. However, IMS Internet reserves the right to discontinue such services, offer additional services, and to adjust fees at its discretion.
7. IMS Internet will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay IMS Internet liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay IMS Internet actual damages, to the extent such actual damages can be reasonably calculated. Use of bulk mailing programs for any purpose on the IMS Internet network are prohibited and shall be classified as spamming. Marketing e-mail must be sent through the IMS Internet network only to individuals or groups that have specifically contacted you, the subscriber and personally requested information. The use of e-mail address lists obtained from third parties are prohibited.
8. IMS Cable Internet customers will be billed at the rate of $1.50 an hour for anything over the Free 10 hour dial-up back up account. IMS Internet requires a minimum of one month paid in advance to subscribe to our Dial-up service.  Payment is due as of invoice date. Accounts are in default and subject to a $5.00 late fee if payment is not received within 15 days after date of invoice. If any payment is returned with insufficient funds, your account is immediately in default and subject to a returned check charge of $25.00 from IMS Internet. Accounts unpaid 30 days after date of invoice may have their service interrupted at the discretion of IMS Internet and a reinstatement fee of $10.00 will be applied to your account. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly charge. YOUR BALANCE WILL CONTINUE TO ACCRUE UNTIL WE RECEIVE SUCH NOTICE. If you default, you agree to pay IMS Internet its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms of Service.
9. IMS Internet reserves the right to change the rates and otherwise modify these Terms of Service. Payments to IMS Internet are non-refundable. No refunds will be given for canceled accounts unless the account is clearly defective and non-working. Cancellations of accounts are to be made by postal mail and will terminate at the end of the account period.
10. IMS Internet assumes no responsibility for the deletion, failure to store, send or receive email messages or any files or images that reside on IMS Internet equipment.
11. IMS Internet may discontinue any or all levels of service at its discretion.
12. IMS Internet may cancel your account without refund if you violate these Terms and Conditions.
13. Disclaimer of Warranties
    USER EXPRESSLY AGREES THAT USE OF IMS INTERNET  IS AT USER'S SOLE RISK. IMS INTERNET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMS INTERNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IMS INTERNET MAKES NO WARRANTY THAT ITS SERVICE WILL MEET USER'S REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IMS INTERNET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IMS INTERNET . USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IMS INTERNET IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IMS INTERNET MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH IMS INTERNET OR ANY TRANSACTIONS ENTERED INTO THROUGH IMS INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM IMS INTERNET OR THROUGH IMS INTERNET SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. Limitation of Liability
    IMS INTERNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE IMS INTERNET OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH IMS INTERNET OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF IMS INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Indemnification
    User agrees to indemnify and hold IMS INTERNET , their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of IMS INTERNET , the violation of these Terms of Service by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.
16. Applicable Law
    These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its conflict of laws provisions.
17. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. IMS Internet reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.