Terms & Conditions
By using services and resources owned and operated by Innovative Media Corporation, the user agrees to abide by the following rules,
regulations and terms of use policy as outlined in the ensuing page. Usage of any service through Innovative Media Corporation constitutes acceptance.
Please contact us with any questions or concerns. Please take care to check your e-mail at least on a monthly basis. We send notices and updates to our
customers through e-mail, so please take the time to read your e-mail at least once a month.
Our service counter is open 9am - 6pm Monday thru Friday. All technicians are on call after hours. Please call out customer support center at
(920) 470-3961. A technician will be contacted to assist you. We will return calls in the order in which they are received.
If you used your credit card to pay for service, your card has been debited for the time period, which you have selected. Additional services
will be posted to this account on the anniversary date of the selected plan. It is your responsibility to provide us with current credit card
information, including expiration date. If you asked us to send you an invoice in the mail, you will receive one shortly. We require payment for initial
account activation. You will also be able to view and change your account online. Another e-mail will be sent to give you the details on this service.
We THANK YOU for signing up with Innovative Media Corporation, we ask that you contact us either via the web at www.InnovativeMediaCorp.com or at
920-470-8888 with any questions or comments you may have. If you have questions about a bill you have received please e-mail us at billing@InnovativeMediaCorp.com
Top of Page
1. PRIVACY
A. Your real name or legal entity (company) must be used to sign up with Innovative Media Corporation. We will not release any confidential
information concerning your account to anyone without your prior knowledge and permission.
B. You may choose any available user name for your account. It may be a maximum of eight (8) characters. Obscene names will not be accepted.
This user name will be attached to a domain name for e-mail. Dial-up subscribers will use one of the following domains listed for their
e-mail address: Innovative Media Corporationonline.com, powernt.net, uspower.net, neenah.net or menasha.net.
Top of Page
2. ACCOUNT SUSPENSION AND CANCELLATION
A. Innovative Media Corporation subscribers may cancel their account prior to the next term of billing by providing a minimum of five
(5) business days notice to our office. All cancellations may be done over the phone by calling customer care at (920) 470-3961.
Refunds are prorated to the nearest completed month based upon a monthly payment of $24.95 for LiteWeb accounts, $49.95 for CorpWeb
accounts, and $99.95 for ProWeb accounts.
B. Innovative Media Corporation reserves the right to suspend or cancel your account for non -payment or for violation of service terms.
Failure to comply with payment terms will cause your account to be placed for collection and a credit bureau record established.
Top of Page
3. FILE TRANSFER RESTRICTIONS
A. By state and federal law, you may not upload any commercial software, software which is subject to distribution restrictions, cryptographic
applications, or any software for which you do not legally hold the rights. Violations will result in immediate account termination.
B. You are allowed to receive up to 10 Megs of e-mail at any one time. E-mail beyond 10 megs will bounce from the server and return an error to the sender.
C. E-mail storage: Innovative Media Corporation will charge a storage and retrieval fee for e-mail that is in excess of 5 megs and over 30 days old.
The fee for named service is $1 per meg per week. Example: you have not checked your e-mail for 45 days and you have 10 megs of e-mail. You will be
charged $20. To avoid these charges, simply check your e-mail once every 30 days.
D. Most e-mail programs have an option such as "Leave mail on server". You should have this option turned OFF. If you leave e-mail on the server,
you will be subject to the fees outlined in section 3 C.
Top of Page
4. CHANGE OF TERMS, SERVICES OR CONDITIONS
A. Innovative Media Corporation reserves the rights to edit or amend this agreement at any time. This agreement or an updated version will
be posted at the website below. Innovative Media Corporation will post the new agreement 30 days before it will go into effect at the following
address: www.InnovativeMediaCorporation.com/usepolicy. You are responsible for checking this site for updates on a regular basis. Continued
use of Innovative Media Corporation Internet services implies your acceptance of the new terms of services.
B. At Innovative Media Corporation's sole discretion, we may deem that it is not feasible to setup a machine via telephone consultation. In these
cases, we may ask you to seek help from the computer manufacturer or bring your computer to a qualified service shop for repairs. Innovative Media
Corporation offers computer repairs and upgrades.
C. Innovative Media Corporation may distribute software to you free of charge if needed for your computer. However, we are NOT responsible
for any damage this software may cause to your computer.
D. Use of Innovative Media Corporation's Internet services and systems and the Internet in general is at client's sole risk. Innovative
Media Corporation does not warrant that its systems and services will be free from interruption or error. We do not warrant any connection
to, transmission over, or the result of the use of, any network connection or facilities provided under these rules of service. Innovative
Media Corporation's services are provided without any warranties, expressed or implied, and including, but not limited to, any implied warranty
of merchantability or fitness of this service for a particular purpose.
Top of Page
5. SYSTEM USE POLICIES
A. We ask you observe the following to maintain quality service for all users. We reserve the right to cancel your account without notice for
violation of the following polices.
I. Do not maintain a connection to your dial-in account when you are not actively using the Internet. Be sure to log out of the system when
you are ready to end an Internet session. We reserve the right to disconnect your session if you are idle for more than 30 minutes. We also
reserve the right to disconnect your account if you are connected for more than 12 hours at one session.
II. Multiple, simultaneous logins on the same account are not allowed.
III. Our flat rate unlimited or unmetered accounts are NOT for use as a dedicated connection. Dedicated connections are available for $95.00 per month.
IV. If you have a residential account, you may only use your web space for personal use. Posting of commercial content is a violation of the
agreement and may result in account termination.
V. If your account is terminated with Innovative Media Corporation for any reason, you are still responsible for payment in full.
VI. All content on your web page must be legal in ALL areas in which it may be viewed. Adult content sites must be identified at the opening page.
B. We reserve the right to remove any web site for any reason. If your web site is in violation of any laws, we reserve the right to suspend your account pending investigation.
C. You may not resell or share your Internet connection. Your connection is for one person or household only.
D. We reserve the right to distribute all personal information to law enforcement officials when presented with subpoena or official documentation.
E. Information you provide Innovative Media Corporation is confidential with the following exceptions:
I. Section D will be known as an exception.
II. Innovative Media Corporation may share your name, address and telephone number with companies that are DIRECTLY affiliated with Innovative Media Corporation.
F. SPAMMING or the mass mailing of commercial e-mail of any kind is strictly forbidden. Any and all accounts reported for spamming will be suspended
until the complaint is proved true or false. If Innovative Media Corporation finds that your account was used to send SPAM, immediate cancellation will occur.
Top of Page
6. PROCEDURES AND ACCOUNTING MATTERS
A. Our acceptable use policy (AUP) is always under review. We consider all comments from users for the agreement.
B. Account cancellations may be done over the phone by calling customer care at (920) 470-3961. You may also write a letter that contains
the following: full name, address, phone, e-mail address, password, and reason for cancellation. The person that signed up for the account
MUST be the person that contacts us. We reserve the right to continue charging you for service until cancellation is achieved. We apologize
for the strictness of this policy, but it is necessary to protect both of us legally.
C. Request for a user name change may be made by calling Technical Support at 920-470-8888. There is a $10 charge to change your user name.
You may change your password for free online at the mail administration address provided to you.
D. We charge $30.00 for returned checks.
E. We reserve the right to charge $10.00 for a declined credit card charge.
F. Invoices that are more than 30 days late may be subject to a $25 handling and collection fee.
G. If you disagree with this user agreement, you may cancel your account within 3 business days of signing up upon the following conditions:
I. Pay for any support services rendered at the standard hourly rate with a half-hour minimum.
II. Pay a $20 activation fee for your account.
III. Follow the cancellation procedures outlined in section 6B.
H. Innovative Media Corporation will not be held liable for any phone charges that may incur due to dialing a long distance number.
Make sure that the number you are dialing is a local call.
Top of Page
7. USER RESPONSIBILITY
A. Innovative Media Corporation considers the complaints and comments from users on the Innovative Media Corporation system, as well as
those of system administrators from other Network Service Providers. We will take immediate action against any Innovative Media Corporation
client who abuses any of our facilities or services. Some of the types of conduct which are inappropriate on the Internet, and thus prohibited
while using your Innovative Media Corporation account, are (a non-exhaustive list):
I. posting commercial/marketing/advertising/sales materials in non-commercial areas (for example, in a news group dedicated to the discussion
of the political significance of the two-party system of government, you should not post a message that you have a watch for sale), or sending
unwanted/unsolicited commercial e-mail ("UCE"). This activity is called, aptly enough,"spamming"; we will charge a $5 handling and resource
fee for each copy of UCE that is sent.
II. posting "chain letters"--these are illegal under federal and state law, and are inappropriate on the Internet;
III. e-mailing or posting (in news groups, IRC or otherwise) abusive, vulgar or threatening messages.
IV. gaining unauthorized access to any network, either by use of an access account that is not yours, or by engaging in otherwise illegal activities.
B. In addition to this policy, the provisions of all applicable laws apply to your use of Innovative Media Corporation facilities.
C. Users that access the Internet through Innovative Media Corporation services must comply with Innovative Media Corporation policy as well as
the policies of the Network Service Providers whose networks they access.
D. Innovative Media Corporation will review all complaints or instances of your inappropriate use brought to our attention and will
decide what action to take, up to and including termination of your Innovative Media Corporation account. We reserve the right to charge
an administrative fee to cover costs incurred by violation of this agreement.
E. If you have any complaints about another subscriber's use of Innovative Media Corporation facilities, or if you are subjected to any inappropriate
use of Innovative Media Corporation facilities, please contact our office immediately. You may send e-mail to abuse@InnovativeMediaCorp.com
F. If you suspect or have proof of a hacking or break-in attempt on your machine you may call 920-470-3961 and leave a message for the Security Response
Team or you may e-mail to abuse@InnovativeMediaCorp.com
Top of Page
8. LEGAL DISCLAIMER
A. All services provided to you by Innovative Media Corporation may only be used in accordance with all applicable laws, statues, regulations and
rules and solely for lawful purposes. Transmission, promulgation, theft, procurement, communication, alteration, publication or storage of any
information, protected material or property, data or any other material in violation of any national law of any sovereign nation, any international
law, or of any provincial or local law, regulation or rule is strictly prohibited. This includes, but is not limited to, any material, data, matter,
software/soft code, intellectual property protected by copyright, trademark, privacy of property right, personal or property right, trade secret, or
any other statute. Further, it is unlawful and a violation of this policy to communicate, transmit, or promulgate in any manner, means or medium, any
threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use Innovative Media Corporation services for any
illegal of unlawful purposes.
B. With the exception of ensuring that personal web pages are not used for commercial purposes, Innovative Media Corporation does not "patrol" the content
published by its clients. Innovative Media Corporation does, however, review complaints submitted with respect to other potential violations of this
policy and applicable laws, and will investigate those complaints and take action it deems appropriate, up to and including cancellation of a user's service.
C. You will indemnify and hold harmless Innovative Media Corporation, its officers, shareholders, agents, employees and its other subscribers from any
and all claims, costs, expenses, judgments, causes of action attorney fees, litigation and court costs, resulting from the subscriber's use of
Innovative Media Corporation services in any manner, whether directly or indirectly or by any act of omission.
D. You are solely responsible for
I. the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of any Innovative Media Corporation service
II. the communications means by which you connect your terminal, personal computer, or other device to Innovative Media Corporation's services or
to any services provided by Innovative Media Corporation.
E. Your rights herein granted cannot be transferred, shared, sold, or used by anyone other than yourself. Only one login session per account may be used
at any given time. Accounts that have been transferred to other parties or show other activity in violation of this paragraph are subject to immediate cancellation.
F. Innovative Media Corporation has the right to delete all e-mail, data files, or other information that is stored in your account if your Innovative
Media Corporation account is terminated, for any reason, by either you or Innovative Media Corporation.
G. Innovative Media Corporation shall have the right to suspend or cancel your account at any time, for reasonable cause, without notice. "Cause"
includes, but is not limited to, nonpayment for services; violation of this AUP; excessive use; excessive idle time online, as determined by ISP's
network administrator; and use of your account to engage in violation of any federal, state or local statute. Customer may be subject to an
administration fee of $30.00 for violations, plus reasonable and necessary expenses incurred by Innovative Media Corporation.
H. No warranty is made by Innovative Media Corporation regarding any information, services or products provided through, in connection with, or
located on the computer systems of Innovative Media Corporation or any other services provided by Innovative Media Corporation, and Innovative Media
Corporation hereby expressly disclaims any and all warranties, including without limitation
I. any warranties as to the availability of Innovative Media Corporation products or services, or the accuracy of content of information or products.
II. any warranties of merchantability or fitness for a particular purpose.
I. Innovative Media Corporation shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission,
interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure.
Theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence,
or under any other cause of action, shall be strictly limited to one month of service valued at $24.95.
J. No agent, employee, or representative of Innovative Media Corporation has any authority to bind Innovative Media Corporation to any affirmation,
representation, or warranty concerning the services provided by Innovative Media Corporation.
K. Right of refusal. Innovative Media Corporation has the right to refuse services to anyone, for any reason.
Top of Page
9. ACCEPTANCE OF TERMS AND CONDITIONS
A. This acceptable usage policy shall be governed in accordance with the laws of the State of Wisconsin and/or the United States Government.
B. The Customer's installation of Innovative Media Corporation's software or use of Innovative Media Corporation 's service is deemed to be the
Customer's acceptance of all the terms and conditions contained herein.
|
