Terms of Sevice  

The following terms and conditions govern all use of the iBest.net, LLC websites and services, and all content, services and products available at or through the website, including, but not limited to, the CoastalHost.net hosting service.

Each website is owned by the copyright claimant found at the bottom of each page. Websites may contain material owned by third parties, and such information must be credited where appropriate. Any and all web services offered through iBest.net, LLC and its related companies are hereafter referred to as "iBest."

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. These terms can be modified without notice. The Website is available only to individuals who are at least 16 years old.

1. Your iBest.net Account and Site. If you create, purchase or host a site on iBest, you are responsible for maintaining the security of your content and user lists, and you are fully responsible for all activities that occur under iBest and any other actions taken in connection with iBest. You must not describe or assign keywords to your blog or SEO/SEM practices in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and iBest.net, LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause liability issues. iBest will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of your acts, omissions or errors.

2. Responsibility of Contributors. If you have CMS through iBest (are able to update your pages), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   6. the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   7. Your site on iBest is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   8. Your site on iBest is not named in a manner that misleads your readers into thinking that you are another person or company; and
   9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by iBest or otherwise.

   STATEMENT ON ZERO-TOLERENCE SPAM POLICY: iBest.net, LLC strictly enforces a no-spam policy. If you intend to send bulk mail, you must use an outside mail service. We will be glad to help you locate such a service. Not understanding the CAN-SPAN act or state spam laws is not an excuse for spamming. You understand and accept the fact that we will terminate all accounts of anyone who sends spam, and we will do so without warning and without refund of any unused fees paid.

   By submitting Content to iBest for inclusion on your Website, you grant iBest a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site and our services. If you delete Content, iBest will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be immediately removable.

   Without limiting any of those representations or warranties, iBest has the right (though not the obligation) to, in iBest's sole discretion (i) refuse or remove any content that, in iBest's reasonable opinion, violates any iBest policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in iBest's sole discretion. iBest will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. You agree to pay iBest all fees indicated for your service as described in Billing and Collection Policies page.

4. Responsibility of Website Visitors. iBest has not reviewed, and cannot review, all of the material, including computer software, posted to the Website(s), and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Automattic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. iBest.net, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which iBest.net links, and that link to iBest.net. iBest does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, iBest does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service disclaims any responsibility for any harm resulting from your use of internal or external websites and webpages.

6. Copyright Infringement and DMCA Policy. As The Service asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by iBest.net violates your copyright, you are encouraged to notify The Service in accordance with our Policy. The Service will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a client who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Automattic or others, The Service may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, The Service will have no obligation to provide a refund of any amounts previously paid to The Service. The Service may bill for the time necessary to enforce this policy.

7. Intellectual Property. This Agreement does not transfer from The Service to you any iBEst.net, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Service. CoastalHost.net, iBest.net, iBestMobile.com, iBest Media and the their respective logos, and all other trademarks, service marks, graphics and logos used in connection with iBest.net, LLC, or the Website are trademarks or registered trademarks of The Service or The Service's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any iBEst.net, LLC or third-party trademarks.

8. Changes. The Service reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Service may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination. The Service may terminate your access to all or any part of our services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your iBest.net account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can be terminated by The Service if you materially breach this Agreement and fail to cure such breach within ten (10) days from The Service's notice to you thereof; provided that, The Service can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Disclaimer of Warranties. The service is provided "As Is". The Service and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Service nor its suppliers and licensors, makes any warranty that the service will be error free or that access thereto will be continuous or uninterrupted.

11. Limitation of Liability. In no event will Automattic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under this agreement during the current agreement period to the cause of action. The Service shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty. You represent and warrant that (i) your use of our services will be in strict accordance with the The Service Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the service will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification. You agree to indemnify and hold harmless The Service, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

14. Miscellaneous. This Agreement constitutes the entire agreement between The Service and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Service, or by the posting by The Service of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, USA, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Hanover County, NC. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration in New Hanover County, NC. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automatic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.