Terms and Conditions
The following is the entire Terms and Conditions required as a
customer to any of the services from Optimus Media. You must be
at least 18 years of age to subscribe to or purchase any of Optimus
Media's services. Additional terms may be added as required with
new or modified services.
The account holders are responsible for all activity and all charges
on their account. Violations of any of the terms or conditions or
any illegal or immoral activity will be grounds for immediate termination
of service without notice. No refunds will be given for a partial
Optimus Media reserves the right to change fees or billing methods
with at least 30 days advance notice. The account holder is responsible
for all reasonable and lawful charges including, but not limited
to, regular service charges, taxes, etc., and the Optimus Media
service charge schedule.
Optimus Media fees are billed and collected periodically for most
services except for monthly rates (which are billed monthly in advance)
and annual rates (which are billed yearly in advance). It is the
responsibility of the customer to notify the billing department
of E-mail address changes. Late charges or service fees may be applied
if accounts are more than 30 days past due and will not be waived
if the customer fails to receive notice because of no E-mail account
or an invalid account. An account that is 30 days past due may be
deactivated by Optimus Media and may be terminated at the discretion
of Optimus Media accounting. Optimus Media will apply a late fee
or service charge of $5.00 or 1.5% (which ever is greater) per month
for past dues balances. The due date is the monthly or yearly anniversary
date. Anniversary dates that fall on the 29th, 30th or 31st in a
month without that date will be billed on the last day of the month.
Yearly charges for customers who pay by credit card will automatically
be charged on their yearly anniversary date.
Termination and Cancellation:
Either party (Optimus Media or the customer) may terminate services
at any time. Termination of the account is the customer's sole remedy
for any dispute with Optimus Media. Refunds will not be given for
partial month services or services already rendered such as past
months. Refunds may be given on annual full-service charges for
any full month not used, based on a prorated calculation of the
annual rate divided by 12. Termination may not be made via email.
Setup fees are non-refundable.
Optimus Media will not tolerate inappropriate conduct in the use
of any of its services including, but not limited to, conduct which
is illegal, immoral, deceitful, vulgar, a violation of copyright,
invasion of privacy, gambling, or any unauthorized attempt to access
or use facilities which are the property of Optimus Media, its customers
or vendors. Any attempt to gain unauthorized access, bypass security
or disrupt services will be prosecuted immediately and to the fullest
extent of the law. Violations of good conduct will result in immediate
deactivation and termination of services without notice.
Any use of E-mail services to intimidate, harass, or disrupt will
also be considered bad conduct. Optimus Media services are for private
and business uses and are not intended for bulk mailings. Bulk or
unsolicited mail detected on Optimus Media systems will be terminated
and removed without notice. This includes mail with viruses, pornography,
vulgarity, harassment, threats, hate or any other material that
violates Optimus Media's content guidelines. Any attempt to acquire
or use Optimus Media's E-mail customer list is also prohibited.
Optimus Media reserves the right to approve all content uploaded
or downloaded from its systems or services. Content is defined as
any material used to communicate, inform, or execute and that is
resident on Optimus Media systems. Content that violates the current
Optimus Media standards or is deemed illegal by any federal, state
or local law is prohibited. This includes, but is not limited to,
vulgarity, violence, erotic sexual content, adult material, satanic
or cult material, drugs, destructive behaviors and hate. Any content
that is deemed to violate Optimus Media's content standards will
be removed without notice and customer services will be terminated.
While Optimus Media endeavors to provide the highest quality of
service and uptime, the Internet world is not perfect and there
will be temporary outages from time to time. Optimus Media makes
every reasonable effort to minimize downtime. Down time is not grounds
for credits or refunds. Optimus Media reserves the right to add,
modify or eliminate services and charges for services in order to
better serve customers.
The services, under this agreement, will be performed in a timely
and professional manner and the services shall conform to the standards
generally observed in the industry for similar services.
Services provided by Optimus Media will comply with all telecommunication
laws, applicable laws, rules and regulations.
Optimus Media shall not be responsible for the installation, operation
or maintenance of equipment or software not provided by Optimus
Media or its affiliates.
Client assumes responsibility and risk for its use and authorized
users' and any unrelated party's use of the Internet. Neither Optimus
Media nor its affiliates make any express or implied warranties,
representations or endorsements whatsoever (including without limitation
warranties of title, noninfringement or the implied warranties of
merchantability or fitness for a particular purpose) with regard
to any merchandise, information or service provided through the
Internet not created or provided by Optimus Media, and they shall
not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely client's responsibility
and authorized users' responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services and other information,
and the quality and merchantability of all merchandise provided
on the Internet.
Except as provided in section labeled warranties above, this service
is provided on an "as is" and "as available"
basis without warranties of any kind, either express or implied,
including but not limited to warranties of title, noninfringement
or implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by Optimus Media, its affiliates
or its contractors or their respective employees shall create a
warranty. Neither Optimus Media nor its affiliates, nor its network
provider, warrant that the service will be transmitted or error
free or that any information, software or other material accessible
on the internet is free of viruses, worms, trojan horses or other
harmful components. In the event of a service interruption, Optimus
Media will use its best efforts to restore service through its network
Under no circumstances shall Optimus Media, its affiliates or
its contractor be liable for any direct, indirect, incidental, special,
punitive or consequential damages that result in any way from clients
(or authorized users) and any unrelated party's use of or inability
to use the services or to access the internet or any part thereof,
or client's (or authorized users') and any unrelated party's reliance
or use of information, services or merchandise provided on or through
the service, or that result from mistakes, omissions, interruptions,
deletion of files or other data loss, errors, defects, delays in
operation, service or transmission or any failure of performance.