Welcome to intoawebsite.com ("Intoawebsite"). These Terms of Use and our Privacy Policy available at http://www.intoawebsite.com/Privacy-Policy.html (collectively "Terms" or "Terms Of Use") set forth the entire terms and conditions of this Agreement ("Agreement"), applicable to each visitor or user ("You" or "User") of Intoawebsite's services, websites, communication tools, mobile applications, and/or any other applications or features offered by us, except where we explicitly state otherwise (collectively the "Intoawebsite Services" or "Services")
By using these Services in any way, you agree to and accept the Terms of Use, and any other legal notices or guidelines posted on the Intoawebsite.com website ("Site"). If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization.
You acknowledge and agree that:
Intoawebsite reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Our website management interface ("Website Management Interface") allows users who register for an account (each an "Account Holder") to create and manage one or more online web sites ("User Website(s)"). Once registered, each Account Holder is able to customize the look and feel of their own web site and may post "Content" (defined in Section 6). Any new feature of service, including the release of new tools and resources shall be subject to these Terms. To access this Service you will need to have access to the internet and are responsible for any fees or costs associated with internet access. This Service may include communications from us and are considered part of the Intoawebsite Services. You may not access the Service by any means other than through the Service interfaces we provide you.
By using these Services you represent and warrant that:
By using these Services you represent and warrant that you will not:
Intoawebsite may, in its sole and absolute discretion, allow you to utilize the Website Management Interface to create and manage User Website(s) for one or more third parties (your "Client(s)").
Use of the Website Management Interface on behalf of any third party, shall constitute enrollment in the Intoawebsite Reseller Program ("Reseller Program" or "Intoawebsite Reseller Program"), and subject you, the reseller ("Reseller"), to the additional Terms of this Agreement as laid out in Section 4.
While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its private label.
Intoawebsite reserves the right to modify or withdraw the Intoawebsite Reseller Program at any time.
In order to access and use the Website Management Interface you must first register and create an account with Intoawebsite ("User Account").
Once registered you will be given access to our Website Management Interface. You are solely and fully responsible for all activities that occur through the use of your User Account whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities. You are responsible for maintaining the confidentiality of the password and account. You must provide complete and accurate information when registering for your User Account and are responsible for ensuring that this information remains current while using the Intoawebsite Services. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that under no circumstances will Intoawebsite be liable for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
Subject to your full compliance with the Terms and timely payment of all applicable Fees, Intoawebsite hereby grants you, upon creating your User Account and for as long as Intoawebsite wishes to provide you with the Intoawebsite Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Intoawebsite Services, for the purpose of generating and displaying your User Website, solely as expressly permitted under the Terms, and solely within the Intoawebsite Services.
Any User Account found to have malicious content, or otherwise be in violation of these Terms may have their User Account terminated and/or have access to the Intoawebsite Services suspended. If you do not rectify any issues associated with your User Account after being notified, Intoawebsite reserves the right to leave access to the Services disabled.
Intoawebsite reserves the right to migrate your User Account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Intoawebsite Service ("Content" or "User Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
Intoawebsite exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Intoawebsite's computers, network hubs and points of presence or the Internet. You acknowledge that we do not pre-screen Content, but that Intoawebsite shall have the right (but not the obligation) to immediately take any corrective action, including without limitation removal of all or a portion of the User Content or User Websites. Intoawebsite has the right to remove any Content that violates these Terms or is otherwise objectionable and may suspend or terminate any and all Services without refund. You hereby agree that Intoawebsite shall have no liability due to any corrective action
While you are not charged for the amount of disk space or bandwidth your User Content occupies, you agree to only utilize disk space and bandwidth in the normal operation of a personal or small business website.
You will not upload, post, transmit or otherwise make available any Content that:
These types of sites are not allowed on Intoawebsite.com:
The above list is a quick reference and is not meant to be complete.
Your Intellectual Property - As between Intoawebsite and you, you shall own all intellectual property pertaining to your User Content, including any designs, images, animations, videos, logos, illustrations, text and any other material created by you. You hereby grant Intoawebsite, perpetual, irrevocable, non-exclusive, transferable and sublicensable right to use your User Content (in whole or in part) in order to provide you with the Intoawebsite Services.
Except for User Content, all content available through the Intoawebsite Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Intoawebsite Content"), are the proprietary property of Intoawebsite. Intoawebsite Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Intoawebsite Content, except and only to extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Any use of Intoawebsite Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Intoawebsite Content. All rights to use Intoawebsite Content that are not expressly granted in this Agreement are reserved by Intoawebsite.
Intoawebsite's Intellectual Property - All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Site belong to Intoawebsite and/or third parties (which may include you or other users.) Intoawebsite reserves all of its rights. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by Intoawebsite or any other third party except as expressly provided in the Terms.
In regards to images purchased from or through us. You shall not:
The use of certain Intoawebsite Services may be subject to payment of particular fees, as determined by Intoawebsite in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Intoawebsite will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Intoawebsite reserves the right to change it's prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Intoawebsite through the user billing tool or through other methods of communication, including notices sent or posted by Intoawebsite.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Intoawebsite. To the extent permitted by law (and unless specified otherwise by Intoawebsite in writing), all Fees are exclusive of all taxes, levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Intoawebsite Services, or to any payments or purchases made by you.
As part of registering or submitting information to receive Paid Services, you also authorize Intoawebsite (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account.
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Intoawebsite Services operate with automatic renewal, on a recurring-fees basis. Accordingly, where applicable, Intoawebsite will attempt to automatically renew the applicable Intoawebsite Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Intoawebsite.
You may discontinue to use and request to cancel your User Account and/or any Intoawebsite Services at any time, in accordance with the instructions available on the Intoawebsite Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Intoawebsite Site. For Intoawebsite Services for which you have already made payment the effective date and time for such cancellation shall be the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take several hours, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least seven (7) days prior to the expiration of the then-current service period.
Failure to comply with any of the Intoawebsite Terms and/or to pay any due Fee shall entitle Intoawebsite to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Intoawebsite Services (e.g., Paid Services) or Third Party Services to you.
If your User Account or any Intoawebsite Services or Third Party Services related to your User Account are canceled (whether at your request or at Intoawebsite’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Intoawebsite shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to the re-activation of a User Account and/or any Intoawebsite Services following their cancellation, as determined by Intoawebsite in its sole discretion.
Intoawebsite may terminate your access to the Services, in whole or in part, without notice in the event that:
In such event, Intoawebsite 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. Additionally, Intoawebsite may charge you for all Fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
IN NO EVENT WILL INTOAWEBSITE ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF INTOAWEBSITE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INTOAWEBSITE'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INTOAWEBSITE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Intoawebsite shall not be responsible for any damages you or your business may suffer. We provide the Intoawebsite Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Intoawebsite Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Intoawebsite Services – so please be sure to verify those before using or otherwise engaging them.
Your use of the Services is at your sole risk. Intoawebsite is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Intoawebsite's servers.
Intoawebsite and User are independent contractors and nothing contained in this Agreement places Intoawebsite and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
User agrees that it shall defend, indemnify, save and hold the Intoawebsite harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Intoawebsite Services. This includes Liabilities asserted against Intoawebsite, it's subcontractors, it's agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the User, its agents, employee or assigns. User also agrees to defend, indemnify and hold harmless Intoawebsite against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the User Website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Intoawebsite 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. Intoawebsite 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.
Intoawebsite may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies.
The headings herein are for convenience only and are not part of this Agreement.
Intoawebsite will not be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Intoawebsite's reasonable control.
User may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Intoawebsite.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Idaho. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
User and Intoawebsite agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Bannock County, Idaho and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Idaho sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Idaho or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.