Terms of Service
1. Acceptance of Terms
By accessing, connecting to, or using the website (https://cloud.ims-network.net, https://platform.cloud.ims-network.net) and/or using any of the products and services (as defined below), you acknowledge that you have read, understood, and agree to be bound by the following terms of use, including our Privacy Policy, AUP, and SLA (collectively, the "Terms") and that you agree to comply with all applicable laws and regulations regarding your use of the website and/or products and services. You confirm that these Terms constitute a binding and enforceable legal agreement between IMS - Network and you.
If you do not agree to these Terms, please do not access, connect to, or use the website and/or any of the products and services.
2. The Website
The website provides comprehensive information regarding IMS - Network, the products, and services, and resources such as FAQs, and may include any other related content such as contact information, videos, text, logos, icons, images, data collections, links, specialized content, technical data, documents, knowledge, materials, designs, data, the “look and feel” of the website, algorithms, source and object code, interface, GUI, interactive features, graphics, illustrations, animations, and other features obtained from or through the website (collectively, the "Content").
The content on the website, including all information, materials, and data, is available for personal use only.
All rights to the content available on the website are reserved to IMS - Network. To the extent permitted by law, the website and the content available on it are provided “as is.” IMS - Network shall not be liable for any damage or loss caused to you or any other person as a result of your use of the website and/or the services and/or the content available on it.
Your use of the website, the content, and/or the services is solely at your own risk.
3. Products and Services
Subject to and in accordance with these Terms, the Privacy Policy, SLA, and AUP, IMS - Network will provide products and services to the customer(s), including, but not limited to, low-cost cloud infrastructure services, high-performance, low-maintenance cloud servers, cloud website hosting, CDN, DNS, and more (the "Products and Services").
Continuing from section 10:
10. Acceptable Use Policy (AUP)
Your use of the website and/or the products and services is subject to IMS - Network's standard Acceptable Use Policy ("AUP"), as in effect and available at: https://cloud.ims-network.net/aup, and is subject to any amendments, modifications, or replacements that IMS - Network may apply from time to time. You agree to comply with all the provisions of the AUP.
11. Special Provisions Regarding Third-Party Components
The website and/or the products and services may use or include third-party software, files, and components subject to third-party and open-source license terms ("Third-Party Components"). Your right to use the Third-Party Components as part of or in connection with the products and services is subject to any applicable disclosures and license terms accompanying such Third-Party Components. If there is a conflict between the third-party license terms and these Terms, the third-party license terms will govern solely with respect to the relevant Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or included in the website and/or the products and services, and IMS - Network disclaims any responsibility related thereto. You acknowledge that IMS - Network is not the creator, owner, or licensor of any Third-Party Components, and IMS - Network makes no representations or warranties, express or implied, regarding the quality, capabilities, operations, performance, or suitability of any Third-Party Components.
12. Availability of Products and Services
The availability and performance of the products and services depend on various factors and are subject to IMS - Network's Service Level Agreement ("SLA") available at: https://cloud.ims-network.net/sla, as it may be modified or updated by IMS - Network from time to time.
IMS - Network makes no representation or warranty that the products and services will operate or be available at all times without interruption or disruption, or that they will be immune from unauthorized access or errors, all subject to the SLA.
13. Changes to the Website and Products and Services
IMS - Network reserves the exclusive right to modify, change, enhance, replace, suspend, or discontinue, temporarily or permanently, from time to time, at its sole discretion, all or any part of the website and/or products and services.
14. Disclaimer of Warranties
Subject to the SLA, we do not warrant (I) that the use and operation of the website and/or account and/or products and services will be secure, accurate, complete, uninterrupted, error-free, or free of viruses, defects, worms, harmful components, or other software limitations, (II) that IMS - Network will correct any errors or defects in the website and/or services, (III) any representation regarding the use, inability to use or operate, or the results of the use of the website and/or account and/or products and services and/or the content available on or through the website and/or account and/or products and services. IMS - Network and IMS - Network representatives disclaim any warranties and conditions with respect to the use of the website and/or account and/or products and services, including but not limited to availability, reliability, or quality, and will not be responsible for any error, fault, or mistake related to any content and information displayed within the website and/or account and/or products and services.
We are not responsible and shall have no liability for any item or service provided by any person or entity other than IMS - Network.
We are not responsible for any consequence to you or others that may result from technical issues (including, without limitation, in connection with the internet such as slow connections, traffic congestion, overload of servers, delays, or interruptions) or any telecommunications or internet providers.
You agree that the use of the website and/or account and/or products and services is at your sole risk.
In some jurisdictions, limitations or exclusions of certain warranties may not apply, and in such cases, the exclusions above may not apply to the full extent.
15. Limitation of Liability
To the maximum extent permitted by law, in no event shall IMS - Network and its representatives be liable for: (i) any direct, indirect, incidental, special, consequential, or exemplary damages, or loss of profits or revenues, arising from the use of the products and services by the customer or any third party or any failure of the products and services; or (ii) any data loss or damage, including any data loss resulting from delays, non-deliveries, misdeliveries, service interruptions, IMS - Network's failure, server failure, operating system installation, or negligence by IMS - Network. The customer is solely responsible for maintaining, backing up, and archiving all data in its possession, control, or that the customer transmits to IMS - Network or any server owned or operated by IMS - Network.
In no event shall IMS - Network's cumulative liability under these Terms and the SLA exceed (i) USD 5,000 or (ii) the total amount actually paid by the customer to IMS - Network in the twelve (12) months preceding such a claim.
IMS - Network provides all products and services "as is," without any warranties, express or implied, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
The customer is solely responsible for the selection, use, and suitability of the products and services for its needs, and IMS - Network will have no responsibility for that.
No claim may be brought by the customer against IMS - Network more than two (2) years after the event that gave rise to such a claim.
The customer acknowledges and agrees that receiving service credits as stated in the SLA constitutes the customer's sole and exclusive remedy. Notwithstanding anything to the contrary herein and subject to the SLA, IMS - Network will not compensate the customer nor will it be liable to the customer in the event of (1) lack of hard disk space on servers; (2) firewall malfunction; and (3) denial of service attack (DoS Attack) or distributed denial of service attack (DDoS Attack).
You will not sue, and waive any right to sue, for any other damages, including consequential, lost profits, special, indirect, or incidental damages, from us and IMS - Network representatives.
In some jurisdictions, the exclusions or limitations set forth above may not apply to their full extent.
16. Backup Policy
Any backup of customer data is not, and cannot be, guaranteed by IMS - Network. IMS - Network explicitly encourages the customer(s) to independently run periodic backups of their data, either by themselves or through third parties not affiliated with IMS - Network. For the avoidance of doubt, as the customer, you are responsible for backing up your own data, either on-site or off-site.
IMS - Network assumes no responsibility for any failure of backups, data loss, or data integrity. If any of your data is damaged, deleted, lost, corrupted in any way, or becomes inaccessible due to the termination or suspension of your account as per these Terms and/or the AUP, IMS - Network will not be obligated or liable to you.
In no event shall IMS - Network be liable to the customer or any third party for any damages resulting from the customer's use of the services or any malfunction related to the provision of services, including but not limited to direct, indirect, special, incidental, or consequential damages resulting from any breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory resulting from the customer’s use of the services or in connection with the services, including any amount for lost profits, data, or goodwill, whether or not such damages or losses were foreseeable, even if the company was advised of the possibility of such damages. The customer agrees to maintain, at its sole expense throughout the term of the agreement, any necessary insurance for potential damages, including data loss insurance, cyber insurance, and third-party insurance.
In any event, the company’s maximum liability under this agreement shall be limited to an amount equal to the service fees received by the company in the actual month before the date of any claim arising in connection with this agreement, subject to the final judicial determination regarding the company’s liability.
17. Indemnification
You agree to defend, indemnify, and hold harmless IMS - Network and IMS - Network representatives from any claim, damage, liability, loss, cost, debt, and expense (including but not limited to attorney’s fees) arising from: (i) your use, misuse, inability to use, and/or activities in connection with the website and/or the account and/or the products and services and/or the content; (ii) your breach of any of these Terms, the AUP, and/or any applicable law; (iii) your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights of such third party in connection with your use of the products and services; and (iv) any damage of any kind, whether direct, indirect, special, or consequential, that you may cause to any third party in connection with the website and/or the account and/or the products and services. This obligation to defend and indemnify will survive these Terms.
Without limiting the foregoing, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not relieve you of your indemnification obligations hereunder, and in such cases, you agree to cooperate with us in defending such claims. You agree not to settle any matter subject to indemnification by you without obtaining our prior express written consent.
18. Amendments to the Terms
IMS - Network may, at its sole discretion, change these Terms from time to time, including any policy incorporated herein, including, without limitation, the AUP, SLA, and Privacy Policy. Please review this page frequently. In the event of a material change, we will endeavor to post a clear notice on the website and/or send you an email (provided you have supplied us with such an email address) regarding the change. Such material changes will take effect 48 hours after such notice was posted on our website and/or sent via email, whichever is earlier. Otherwise, any other changes to these Terms will take effect as of the "Last Updated" date, and your continued use of the website and/or products and services on or after the "Last Updated" date will constitute acceptance and agreement to be bound by those changes. If the Terms, AUP, SLA, and/or Privacy Policy are amended to comply with legal requirements, the changes may take effect immediately or as required by law without any prior notice.
19. Termination or Suspension of Your Account
These Terms will remain in effect until terminated as described herein.
The period outlined in each Order Form and/or registration page on the website (the “Term”) begins on the date of customer registration and will end with 30 days' prior written notice by either party (the “Notice Period”). The customer acknowledges and agrees that, notwithstanding the foregoing, termination by the customer shall not take effect during any monthly billing cycle but shall take effect at the end of the applicable monthly billing cycle.
Notwithstanding the foregoing, IMS - Network may, at its sole and absolute discretion, immediately terminate the products and services and/or any engagement with the customer for any breach of these Terms and/or the Privacy Policy and/or the SLA and/or the AUP and/or applicable law by the customer.
For the avoidance of doubt, in the event of the termination of the products and services under this section for any reason, the customer will bear the sole and full responsibility to transfer all customer materials and data from IMS - Network to a new entity as instructed by the customer; and shall immediately pay IMS - Network any outstanding fees.
Without limiting the generality of the foregoing, the sections on Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General Provisions will survive the termination of the Terms.
Additionally, IMS - Network may, at any time, at its sole and absolute discretion, cease operating the products and services or any part thereof, temporarily or permanently. You acknowledge and agree that IMS - Network shall not be liable in connection with, or in relation to, the termination of the website and/or account and/or products and services and the loss of any data.
We note that we may suspend access to your account if we believe, in our sole discretion, that one (or more) of the following events has occurred: (a) there is a risk to the security or privacy of your account; (b) there is a threat to the security or integrity of our network or servers; (c) suspension is required to protect the rights, property, or safety of IMS - Network, its users, or the public; (d) there is a reason for the termination of your account; (e) you have violated these Terms, the Privacy Policy, the AUP, and/or applicable law; and/or (f) we are required by law. We may provide you with notice in the event of such suspension. During such a suspension, you will not be able to use or access your account and/or the products and services. If we determine, in our sole discretion, that the reason for the suspension of your account has been resolved, we will restore access to your account.
20. General
(a) These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersede any prior or contemporaneous agreements or understandings, written or oral, between the parties, (b) any claim relating to the website and/or the products and services shall be governed and construed in accordance with the laws of the State of Israel without regard to its conflict of laws principles, (c) any dispute arising out of or relating to the website and/or services shall be brought to the competent courts of the Tel Aviv District, Israel. You agree to waive any defenses of lack of personal jurisdiction and inconvenient forum and agree that service of process may be made in the manner permitted by applicable law or court rule. Notwithstanding the foregoing, IMS - Network may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties, (e) no waiver by any party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default, (f) any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, (g) you acknowledge and agree that any cause of action that you may have arising out of or related to the website and/or services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred, (h) if any provision hereof is held by any court of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall remain in full force and effect, and (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent, and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notice.
21. Information, Questions, or Notification of Errors
If you have any questions (or comments) or require clarifications regarding the Terms and/or the products and services, you are welcome to send us an email, and we will try to respond within a reasonable timeframe: [email protected].