This Agreement establishes the terms and conditions under which ImaTowns will provide services to Customer.

1. Duties and Restrictions of Customer: Customer agrees to use ImaTowns's services only for lawful purposes. Customer further agrees that all telephone service and connection charges from Customer's location to ImaTowns systems are the sole responsibility of Customer. Any quotes or estimates of these charges by ImaTowns were for discussion purposes only and must not be relied on the Customer. It is the Customer's sole responsibility to determine the amount of these charges directly from their local exchange carrier. Except as specifically set forth for the Service Order, Customer also acknowledges that Customer is responsible for providing the necessary hardware and software to connect to the services provided by ImaTowns. Customer understands that ImaTowns is acting solely as an Internet Hosting Service and that ImaTowns does not exercise any control whatsoever over the content of any information or data passing through it. In addition no representations or warranties of any kind whatsoever are made by ImaTowns concerning the accuracy, reliability, fitness or legality of the information or data. ImaTowns reserves the right to deny membership.
2. Service. a) In case of a network outage, ImaTowns will use its best efforts to identify the source of the network outage, b) if the outage is due to ImaTowns’ equipment; it will be remedied at ImaTowns’ own cost.
3. Access. ImaTowns will provide customer with 24 hour per day access to ImaTowns server. ImaTowns is not responsible for any delays, network outages, file corruption, data loss, power outage or any other outage or damage.
4. Assignment. Customer shall neither assign its rights under this agreement to any third party nor resell or permit any third party access to or use of services provided by ImaTowns hereunder.
5. Term. This agreement shall have a term of the life of the Customers account with ImaTowns.
6. Rates. Customer agrees to pay ImaTowns the rates set from time to time by ImaTowns. ImaTowns reserves the right to change its rates at any time, upon thirty (30) days written notice to Customer. During this thirty- (30) day period, Customer may cancel its subscription by giving written notice of cancellation to ImaTowns. The absence of such written notification shall be deemed to be Customer's agreement to the new rate.
7. Payment. Setup charges and one-month fee are required to be paid at the time of execution of the service order. The installation charge and one month's fees are nonrefundable. Customers paying by credit card specifically authorize ImaTowns to automatically charge their credit card amount each month for the amount due ImaTowns. There will not be a period before the imposition of late charges. A late charge of 1-1/2 percent per month will automatically be added to the Customer's bill if payment is received more than 10 days after due. In addition to the late charge, ImaTowns shall be permitted to interrupt the service to Customer if the fee is not received more than one (1) day of the due date. If the service is interrupted due to nonpayment and if ImaTowns in its sole discretion elects to restore service then in that event the restoration charge will be required in addition to payment of all outstanding fees and charges.
8. Sales and use taxes. All sales and use taxes for services provided shall be the responsibility of Customer.
9. Termination. ImaTowns shall be permitted to terminate this agreement upon breach of any of its terms or conditions by Customer. The termination shall be effective upon sending notice to the Customer notification of termination. ImaTowns reserves the right to terminate any membership, the Customer will be sent a notice two (2) days before services from ImaTowns are terminated to that Customer. The Customer will not receive a refund.
10. Limitation of Liability. a) IN NO EVENT SHALL IMATOWNS , ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ("IMATOWNS GROUP") BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, ECONOMIC DAMAGES, LOST PROFITS, OR ANY OTHER DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, ARISING OUT OF, OR IN ANYWAY RELATED TO THIS AGREEMENT OR IN ANY RELATED TO THE FAILURE OF IMATOWNS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. CUSTOMER AGREES AND UNDERSTANDS THAT IMATOWNS GROUP HAS NOT MADE ANY REPRESENTATION OR WARRANTIES WITH REGARD TO SERVICE INTERRUPTION, NETWORK SECURITY, OR INFORMATION ON THE INTERNET. SHOULD ANY FAILURE OF PERFORMANCE BY IMATOWNS CONTINUE FOR THIRTY (30) OR MORE DAYS, CUSTOMER SHALL BE PERMITTED TO TERMINATE THIS AGREEMENT. UPON SUCH TERMINATION THIS AGREEMENT SHALL BE NULL AND VOID AND THE PARTIES SHALL HAVE NO FURTHER RESPONSIBILITY TO EACH OTHER; AND (b) IMATOWNS GROUP SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES SUFFERED BY CUSTOMER IN ANY WAY RELATED TO THIS AGREEMENT. BY WAY OF EXAMPLE THIS INCLUDES, BUT IS NOT LIMITED TO, NETWORK SECURITY, LOSS OF DATA AND E-MAIL, RESULTING FROM DELAYS, NONDELIVERIES, WRONG DELIVERIES AND ANY AND ALL SERVICE INTERUPTIONS CAUSED BY IMATOWNS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, EVEN IF DUE TO THEIR OWN NEGLIGENCE OR DUE TO ANY ACT OR OMISSION OF THE CUSTOMER OR ANY THIRD PARTY.
11. Indemnification and Hold Harmless. Customer agrees to indemnify and hold harmless the ImaTowns group from any and all claims that may arise as a result of Customer's use of this service provided by ImaTowns. ImaTowns group shall not be liable under any theory for protection from any unauthorized access of Customer's property even if resulting from the ImaTowns group's negligence. This indemnification and hold harmless section shall include all attorneys' fees, costs, and expenses incurred by ImaTowns.
12. Disclaimer of Representations and Warranties. ImaTowns disclaims any and all representations, warranties, express or implied, including by way of example that is not exclusive, those concerning: (a) Availability, accuracy or content of information, products, or services; (b) Third party software; and (c) merchantability or fitness for a particular purpose.
13. Governing Law. All disputes, controversies, claims, or differences between the parties arising out of or in any way related to this agreement, including it's execution shall be governed by the laws of the Commonwealth of Pennsylvania without regard to any conflict of law provisions.
14. Jurisdiction and Venue. Jurisdiction and venue of all disputes shall be in the Court of Common Pleas for Bucks County, Pennsylvania or in the United States District Court for the Eastern District of Pennsylvania.
15. Authority. Each person executing this agreement on behalf of the Customer represents and warrants that he or she has been fully empowered to do so, and that all necessary corporate actions (if any) required for the execution of agreements have been taken.
16. Entire Agreement. This Agreement and any applicable Service Order sets forth the entire understanding between the parties, It shall not be amended or modified except in writing, and such writing must be executed by both parties. This agreement supersedes any and all prior agreements between the parties whether oral or in writing.