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Terms of Service

This document includes the terms and conditions that apply to the use of the services and products available through Imani Advantage LLC.

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Updated: 07 April 2019

Imani Advantage LLC Terms of Service

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at Contact Us.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, www.ImaniAdvantage.com and/or its licensors own the intellectual property rights published on this website and materials used on www.ImaniAdvantage.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.ImaniAdvantage.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without www.ImaniAdvantage.com's express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • Article 'Spinning'

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of www.ImaniAdvantage.com.

Unacceptable material on our servers include but not limited to:

  • Any and ALL types of Pornography
  • Topsites
  • IRC Scripts/Bots
  • IRCD (irc servers)
  • Proxy Scripts/Anonymizers
  • Image Hosting Scripts
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts
  • Commercial Audio Streaming
  • Escrow/Bank Debentures/Bank Debenture Trading Programs
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any illegal and/or controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites
  • Mailer Pro
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NBA, NCAA, NFL,NASCAR, FIFA, MLB, WWE, etc.)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

Restricted access

Access to certain areas of this website is restricted. www.ImaniAdvantage.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.ImaniAdvantage.com may change or modify this policy without notice.

If www.ImaniAdvantage.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

www.ImaniAdvantage.com may disable your user ID and password at www.ImaniAdvantage.com's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to www.ImaniAdvantage.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.ImaniAdvantage.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.ImaniAdvantage.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

www.ImaniAdvantage.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.ImaniAdvantage.com, or hosted or published upon this website.

www.ImaniAdvantage.com's rights under these terms and conditions in relation to user content, www.ImaniAdvantage.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

HIPAA Disclaimer

Imani Advantage is not HIPAA Compliant. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Imani Advantage does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Imani Advantage is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected]

Billing and Payment Information

Multiple Accounts.

Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal

Unless otherwise provided, you agree that until and unless you notify Imani Advantage of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Late Payment.

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Imani Advantage may suspend or terminate your account and pursue the collection costs incurred by Imani Advantage, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Imani Advantage will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments.

It is solely your responsibility to notify Imani Advantage's Billing department by a support ticket created from https://www.ImaniAdvantage.com/clients/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Imani Advantage is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Imani Advantage may report any such misuse or fraudulent use, as determined in Imani Advantage's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Imani Advantage. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Money-back Guarantee

Imani Advantage offers a thirty (30) day money- back guarantee for Imani Advantage's hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus any domain registration fees and/or add-on services. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the thirty (30) day Notice Period.

Cancellations and Refunds

Payment Method.

Refunds will be paid via PayPal for first time customers that terminate their account within thirty (30) days. For established customers that scale down services, your account will be credited. Imani Advantage only accept payments via PayPal or Debit/Credit Card via Stripe. Imani Advantage does not provide a refund if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

Refund Eligibility.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.

There are no refunds on domain names, Virtual Private Servers, dedicated servers, administrative fees, license fees, and install fees for custom software.

Cancellation Process.

You may terminate or cancel the Services by giving Imani Advantage written notice by support ticket to our Billing Department. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Imani Advantage may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation ticket and have confirmed all necessary information with you via email, we will inform you in writing (by email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." Imani Advantage will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through support ticket to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Imani Advantage's Billing department via a support ticket created from https://www. ImaniAdvantage.com/clients/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Termination

Imani Advantage may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Imani Advantage or others or cause Imani Advantage or others to incur liability, as determined by Imani Advantage in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Imani Advantage shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Imani Advantage may charge you for all fees due for the Services for the remaining portion of the then current term.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. www.ImaniAdvantage.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, www.ImaniAdvantage.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

www.ImaniAdvantage.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if www.ImaniAdvantage.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Imani Advantage LLC in respect of any:

  • death or personal injury caused by the negligence of www.ImaniAdvantage.com or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of www.ImaniAdvantage.com; or
  • matter which it would be illegal or unlawful for www.ImaniAdvantage.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, www.ImaniAdvantage.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.ImaniAdvantage.com's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.ImaniAdvantage.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.ImaniAdvantage.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify www.ImaniAdvantage.com and undertake to keep www.ImaniAdvantage.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.ImaniAdvantage.com to a third party in settlement of a claim or dispute on the advice of www.ImaniAdvantage.com's legal advisers) incurred or suffered by www.ImaniAdvantage.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to www.ImaniAdvantage.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.ImaniAdvantage.com may take such action as www.ImaniAdvantage.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

www.ImaniAdvantage.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

www.ImaniAdvantage.com may transfer, sub-contract or otherwise deal with www.ImaniAdvantage.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with www.ImaniAdvantage.com's Privacy Policy constitute the entire agreement between you and www.ImaniAdvantage.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website