Optimind Terms and Conditions
Optimind reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Optimind strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Optimind customers and us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement
You agree to supply the appropriate monthly payment of US$49.95 for the services received from Optimind for a minimum of twenty four (24) months, in advance of the time period during which such services are provided. You agree that until and unless you notify Optimind of your desire to cancel any or all services received, those services will be billed on a recurring basis for another twelve (12) months. You agree that this notification should be sent to Optimind Technology Solutions by mail at 15J Eastwood Lafayette 3, Eastwood City, Libis, QC, Philippines 1110 or by e-mail to support@internetmarketingreach.com, two (2) months prior your end of contract. You agree that pro-rated refunds for unused time periods will be not provided in the event of account termination.
- You agree a late payment fee of $15.00 will be assessed if payment is not received by due date.
- If a payment remains past due for more than 30 days interest fee of 18% apr will be applied.
- You agree to pay any collection and attorney fees.
You may cancel your account and request a refund within 30 days from date of order. Otherwise, you are obliged to pay for the next 24 months.
Account Cancellation
You may cancel at anytime. To cancel your account, please send an e-mail to support@internetmarketingreach.com. State your full name, domain, contact information and reason for cancellation in your e-mail.
Website Maintenance and Updates
You agree that Optimind Technology Solutions is only responsible for text and image updates for at most three (3) pages every month. Non-text/image and excess updates are charge-able depending on the quoted rate. You may update the website on your own only if you have purchased a content management system.
Website Design and Development
You agree that Optimind Technology Solutions is only responsible for the initial design and development of the website. Free development cannot exceed fifteen (15) HTML pages and 1 flash header.
Indemnification Policy
You agree to use all Optimind services and facilities at your own risk. Optimind specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Optimind be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Optimind harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Optimind, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Optimind against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Optimind’s server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Optimind's server.
Optimind shall be the sole judge of what violates this Policy.
Server abuse policy
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses allowed!!
We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.
SPAM Policy
Optimind is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Optimind network, by customers or any other users of the Optimind network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Optimind server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Optimind email address or web site URL is prohibited. The use of Optimind servers as a mail drop for responses to activities described above is also prohibited.
If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@internetmarketingreach.com
Content Policy
All services provided by Optimind may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Optimind from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all Optimind servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Optimind will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Optimind servers or any other server on the internet. Links to such materials are also prohibited.
Unacceptable content or links
- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.
Optimind does not host sites of its competitors or web pages promoting sites of its competitors.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.
Optimind will be the sole arbiter as to what constitutes a violation of this provision.
Backups
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.
The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Optimind, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Optimind will attempt to recover the data from the most recent archive for a $75.00 fee.
Support Policy
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Optimind support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this into the General discussion area of the forum and interact with other Optimind members for help etc.
Optimind reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.
