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This Agreement, between you and It's My Web, LLC, herein after It's My Web, governs the use of It's My Web LLC Website template designs, email designs, all provided copy content, web enabled Website and copy management functionality, and other It's My Web provided services, collectively herein after, IMW Services. By accessing IMW Services, you accept all of the following terms and conditions.
It's My Web may amend this Agreement at any time by posting the amended terms on the It's My Web corporate home page and/or the IMW Services Website. The amended terms will be effective 30 days after having been posted on the IMW Services Website and will be effective for all use of IMW Services after that date.
IMW Services are intended for the use of companies, herein after, User, as an effective way to promote specific services and interact with their customers and vendors. The terms and conditions of any business relationship between the User and any customer or vendor, that results from the use of IMW Services, is between the parties mentioned above and does not in any way include It's My Web. It's My Web cannot be held responsible for any misinformation distributed through the use of IMW Services or for any dissatisfaction of work performed by any User that has utilized IMW Services to promote their own individual products and services.
IMW Services are available only to persons and companies who can form legally binding contracts under applicable law. Without limiting the foregoing, IMW Services are not available to individuals under the age of 18.
IMW Services provide Users with industry specific Website, email and other template promotional tools that can be customized by the User to make individual Websites and other communications tools relevant for individual User businesses. This includes things such as adding a business name/address/logo or business philosophy statement, modifications to any template copy provided within IMW Services, individual company product and process descriptions, individual User privacy policies provided to their customers, and individual User terms and conditions for User customers. All individual User Website and other communications copy, whether modified by the individual company or used in standard template form, is the responsibility of the individual User.
IMW Services are provided by It's My Web for a subscription fee unless otherwise specified. All designs, copy, and functional processes are the property of It's My Web, and no ownership will pass to the User as a result of subscription fee payment. At termination of the relationship between It's My Web and the User, all Website content and functionality will remain the property of It's My Web. All User internet addresses purchased by the User and any associated email addresses will remain the property of the User at all times. Upon termination of IMW services, User internet addresses will be transitioned from the It's My Web hosting environment to the hosting provider of the User's choice.
Our payment providers handle all payments for subscriptions or services. (i.e. VISA, MasterCard, American Express, etc.) Each User will be required to use an It's My Web payment provider to process payments to us. You agree that all issues related to your personal financial information and any potential damages caused by misuse of your information by an It's My Web payment provider are between you and the payment provider. You also agree that It's My Web does not ever obtain any of this information and therefore can't be held responsible for any damages that result from using the payment provider's services. Fees are payable in US dollars. Certain subscription services will be subject to monthly or annual subscription fees. You understand that the It's My Web payment provider will automatically charge you for these services based on the timeframe you select (monthly/annual) within a given It's My Web subscription. Other services may be billed on a single use basis. Should any payment not occur, access to the IMW Services will be disabled until payment is received. Subscriptions are pre-paid, in advance, in accordance with the services payment type selected by the User. All It’s My Web fees and prices as subject to change at any time.
You must complete the registration form on the Sign Up pages in order to use IMW Services. As part of the registration process, you will identify an email address and password for your account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the IMW Services provided in your name. It's My Web reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
You acknowledge that from time to time delivery of email messages sent through IMS Services may be blocked or prevented at the destination mail servers. You acknowledge and agree that It's My Web and its providers will make a collective best effort to deliver all email messages in a timely fashion, but are not responsible for the guaranteed delivery of these messages, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your account within IMW Services.
This is an Agreement for Services, and you are not granted a license to any Website template (standard or modified), content or functionality by this Agreement. You will not, directly or indirectly: copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, found at or through IMW Services or any software, documentation, or data related to IMW Services; remove any proprietary notices or labels from IMW Services or any Software, modify, translate, or create derivative works based on IMW Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to IMW Services or any Software. IMW Services shall be used for your individual business (which includes charitable or civic) purposes only and you shall not use IMW Services or any Software for the benefit of a third party. You may not use automated robots or spiders within It's My Web or IMW Services Platforms, and organizations of a competitive nature to It's My Web are not permitted access to IMW Services.
You acknowledge and agree by registering with It's My Web, that the use of It's My Web company names and logos and all related product and service names, design marks and slogans, herein after Marks, are the property of It's My Web or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of It's My Web. Your use of the IMW Services confers no title or ownership in It's My Web, IMS Services, software or the Marks and is not a sale of any rights in IMW Services, software or the Marks. All ownership rights remain within It's My Web or its third party suppliers, as the case may be.
IMW Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. It's My Web reserves the right to cancel any User’s IMW Services account immediately should any suspicious or specific legal actions be taken against such User.
You represent, covenant, and warrant that you will use IMW Services only in compliance with the Services Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise unlawfully use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless It's My Web against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of IMW Services. Although It's My Web has no obligation to monitor content provided by you or your use of IMW Services, It's My Web may do so and may remove any such content or prohibit any use of IMW Services it believes may be (or is alleged to be) in violation of the foregoing.
You understand that every email message sent to User customers, in connection with IMW Services, will contain an "unsubscribe" link that allows visitors to remove themselves from the User mailing list and a link to the User’s individual business Privacy Policy (see below). It's My Web email templates contain a standard “unsubscribe” link and template copy. You acknowledge and agree that you have reviewed the “unsubscribe” link and copy, modified it to your individual User standards, and will not remove, disable or attempt to remove or disable this link.
Users will adopt and maintain an individual business Privacy Policy. It's My Web has provided a Privacy Policy template which must be reviewed by each User and modified to fit current individual User specifications. You acknowledge and agree that you have reviewed this provided copy template, modified it to your individual User business standards and practices, and will not remove, disable or attempt to remove or disable this content and link.
In using various features of IMW Services, you may provide information (such as name, contact information, or other registration information) to It's My Web. It's My Web may use this information and any technical information about your use of IMW Services to tailor product and feature notifications to you, facilitate your navigation within our various Website pages, or communicate separately with you. It's My Web will not in any way utilize any User contact information disclosed for normal operation of IMW Services for any other purposes than those intended with IMW Services. Your customer information will not be shared with other parties except for specific information provided to IMW business partners that is required to facilitate delivery of IMW Services. In addition, It's My Web will not utilize User information for the purpose of sending unsolicited commercial email communications.
Within all hosted Websites in connection with IMW Services, you acknowledge and agree that It's My Web may automatically add an identifying footer stating "Powered by It's My Web" or a similar message. It's My Web will make every effort to insure these messages are discreet and non-distracting to User clients.
You may terminate this Services Agreement at any time by contacting It’s My Web by phone, e-mail, or in writing to notify us of your cancellation. Doing so will cancel your subscription and initiate the discontinuance of your IMW Services. It’s My Web will work with individual Users to transition site hosting and email addresses effective on a specific date of transition.
Subscriptions to IMW Services generally include a customer setup fee and annual or monthly subscription fee. Set up fees will be refunded at a rate of 50% if a User terminates IMW Services within the first 30 days of sign up. Annual subscription fee plans will be refunded to the User prorated to the end of the month in which the termination notice is received by It’s My Web. The prepaid monthly subscription fee is not refundable as it covers the Website transition period.
It's My Web may terminate this Services Agreement at any time with or without cause and with or without notice. Per the above individual User internet address and email addresses will be transferred to a new provider per the individual User designation. It's My Web shall have no liability to the User or any third party because of such termination.
It's My Web will delete any User archived data within 60 days after the date of termination, including any copy modifications that the User has made to IMW Services Website templates, User customer contact lists, User email accounts, and other data related to the individual User account. All sections of this Services Agreement, which by their nature should survive termination, will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If you do not actively set up and/or manage your IMW Services account after signing up for any paid services, you will continue to be charged for any subscription services on a regular basis, and be responsible for such charges.
USE OF THE SERVICES AND ANY RELIANCE BY THE USER UPON THE IMW SERVICES, INCLUDING ANY ACTION TAKEN BY THE USER BECAUSE OF SUCH USE OR RELIANCE, IS AT THE USER'S SOLE RISK. IT'S MY WEB DOES NOT WARRANT THAT IMW SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF IMW SERVICES.
THE SERVICES ARE PROVIDED "AS IS" AND IT'S MY WEB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF IMW SERVICES WILL BE FOR IT'S MY WEB TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE IMW SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL IT'S MY WEB OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF IT'S MY WEB SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, IT'S MY WEB IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF IT'S MY WEB TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR IMW SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You may not remove or export from the United States or allow the export or re-export of IMW Services, or any direct product or service thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Services Agreement will otherwise remain in full force and effect and enforceable.
It's My Web and you agree that the Services Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Services Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Services Agreement, and you do not have any authority of any kind to bind It's My Web in any respect whatsoever.
In any action or proceeding to enforce rights under the Services Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Services Agreement shall be governed by the laws of the State of Minnesota, USA without regard to its choice of law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Minneapolis, Minnesota. |
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