Policies

Impirus Terms of Service

The purpose of this website, impirus.com (the “Site”), owned and operated by Impirus Corporation (“Impirus”) is to provide web hosting, publishing and related services (“Services”). Please read these terms of service (“Agreement”) carefully before using the Site or any Services. By using or accessing the Site or Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by you (“User” or “You”) under the following terms and conditions:

By using our software, subscription service, and /or our Site, you agree to comply with our Terms of Service, as stated herein. We will license the software outlined in your “Impirus Order Confirmation” email, subject to the following Terms of Service.

Your use of this Service is an unconditional acceptance of our Terms of Service; provided you have the legal capacity to enter into contracts for yourself or for your organization. You are required to provide current and accurate information as part of our account registration process. We reserve the right to change or modify our Terms of Service at any time without prior notice; however we will post any new Terms of Service on our website.

I. ACCOUNT USE

Our Service is available to all individuals who are at least 18 years of age. Our Service is not available to any temporarily or indefinitely suspended users. By registering to use our Service, you represent and warrant that you are at least 18 years of age. Accounts and user logins may not be registered via automated methods.

You must maintain the security of your account and all user passwords.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

You may not use this Service for any illegal or unauthorized purposes, such as violating third party copyrights.

You are responsible for your account and all of its users' activity and posted content.

When you complete our registration process you will create a password that will enable you to access the Services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

II. FREE ACCOUNTS

We offer free trial accounts to all users who follow the signup process, provided none of the requirements outlined in this Terms of Service policy are violated.

Although Impirus will make reasonable efforts to store and preserve the material residing on a User's Site, neither Impirus nor the Site is responsible or liable in any way for the failure to store, preserve or access information You may have provided to the Site various content and other materials you transmit or archive on the Site ("User Content"). You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content.

DISCLAIMER: You agree that neither Impirus nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your User Content or other content.

III. PAYMENTS, REFUNDS, ADDING SERVICES

A valid credit card is required for all paying accounts.

If you initially sign up for a free trial account and you don’t cancel that account within 30 days, you will be billed monthly starting on the 31^st day. If you cancel prior to the processing of your first invoice on the 31st day, you will not be charged. We reserve the right to refuse service to a person or entity that in our determination is abusing this policy or otherwise acting in bad faith.

Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits allowed, including refunds or pro-rated months (i.e., credits for partial service periods).

For any add-on services your credit card will automatically be charged a pro-rated amount, until the next billing cycle.

An increase or a decrease in your online ad management budget will be reflected on your next billing cycle.

Our fees are exclusive of taxes or levies imposed by taxing authorities. You are responsible for payment of all such taxes or levies imposed on you as an account holder.

CANCELLATION

You are solely responsible for canceling your account. For your protection, you may only cancel via our simple, web-based cancellation interface. We do not accept cancellations via email, phone, fax or letter.

We are not liable for any loss resulting from cancellation.

All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

V. MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice to you.

Prices of all Services are subject to change upon 30 days notice from us. Such notice will be posted to our website or the Service and if this price change affects your current billing we will attempt to notify you by email 30 days in advance of the change.

We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

VI. OWNERSHIP RIGHTS

Your profile and the content you provide to the Service remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.

We do not pre-screen content but we have the right to refuse or remove any content that is available via this Service.

The software, images, scripts, related assets, and the look and feel of this Service is Copyright © 2010 Impirus Corporation. All rights reserved. You may not duplicate, copy, modify, or reuse any portion of the software, related assets, or visual design elements without our prior, express written permission.

We also respect the intellectual property of others. To the extent your site uses a trademark that is the property of a third party, we may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Services to those who may be repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the site;

(4) your address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

By Email: support@impirus.com

By Phone: 214-530-5359

VII. OTHER CONDITIONS

Your use of this Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

You must follow the lawyer advertising rules set forth by your state(s) of licensure. We make no representation that your Site will be compliant in any state or jurisdiction. It is your responsibility to ensure your Site is in compliance with all applicable jurisdictions and applicable state bar rules.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site and Services.

Technical support is only provided to paying account holders and is only available via email or support form.

You understand that we may use third party vendors to help provide the Service to you.

You must not modify the Service or another website to falsely imply association with the Service, our company or any other service we provide.

You agree not to violate our copyright and not to reproduce, duplicate, copy, sell, resell, modify or exploit any portion of the Service or access to this Service without our prior, express written permission.

You must not store or post pornographic, obscene, defamatory, threatening or otherwise objectionable content, or content that violates any person's intellectual property or links to such content, through the Service.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not transmit any malicious programs such as viruses, worms and other code or programs intended to inflict harm.

VIII. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ASSISTANCE, WHETHER WRITTEN OR ORAL, PROVIDED BY US OR ANY THIRD PARTY TO YOU SHALL CREATE OR EXTEND ANY WARRANTY.

WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS AND WE DO NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH THIS SERVICE OR THE INTERNET. WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FAILURE TO PERFORM, INTERRUPTIONS OR DISRUPTIONS IN THE SOFTWARE OR SERVICES CAUSED BY OR RESULTING FROM FORCE MAJEURE EVENTS, ACTS OF THIRD PARTIES, OMISSIONS OR CONDITIONS BEYOND OUR REASONABLE AND FORSEEABLE CONTROL.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Agreement may not apply to you.

IX. LIMITATION OF LIABILITY

We shall have no liability, whether under any legal theory of warranty, contract, tort (including our negligence or the negliegence of any third party), strict liability, or otherwise, regarding the Service, your Site, or other actions performed by us and relating in any way to this Terms of Service. In no event shall we or any third parties be liable for any special, indirect, incidental, or consequential damage or loss of any nature (such as damages for delay, damage to property, lost profits, death or injury to person, or any claims of those not a party to this Agreement) which may arise in connection with the Service, your Site, or other acts performed under or relating to this Terms of Service.

X. SUSPENSION OF SERVICE OR CANCELLATION

We reserve the right to suspend or cancel your account access if in our reasonable judgment, your account is the source or target of a violation of any of these terms, or for any other situation we deem reasonably necessary.

XI. SEVERABILITY

If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

XII. ENTIRE AGREEMENT

Our current Terms of Service and our current [LINK: Privacy Policy] are our entire agreement with you and supersede any prior agreements or prior terms of service or policies.

XIII. APPLICABLE LAW AND JURISDICTION

Our Terms of Service are subject to the governing laws of the State of Texas. Only courts of competent jurisdiction in Texas shall have original jurisdiction over any disputes arising hereunder or relating to the Software or Services. Any disputes must be brought forth in Dallas County, Texas.

(Revised March 14, 2010)

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