Last updated: Jun 01, 2015.
The Inecent Setup and Management Process
There are two stages to the Inecent website setup and management process.
- The Setup Stage. During this stage we will work with you to design (within the allotted Creative Hours timeframe) and develop your site to your requirements. Our turnaround time here is approximately 2-6 weeks depending on how fast you can get your content to us and work with us during revisions. The initial setup fee is due at the beginning of this stage and payment of your Setup Stage fee confirms that you have agreed with the contract and package management scheme set forth.
- The Management Stage. At this point your site will launch on our servers, it will remain up and running during the duration of your contract. All contracts have an initial 6 month commitment. We will undertake any server maintenance & management that is required to ensure continuous service, as well as duties laid out in the package management scheme. The management fee is billed at the beginning of this stage and recurs monthly. Any additional work that you require from us that falls outside of Inecent’s normal management to your site will be subject to a billable rate of $69/hour, with a minimum work order of 15 minutes. We may do small edits for you as a courtesy, but this is in no way an obligation.
You will provide us all the necessary text and image content within 30 days of signing into the Setup Stage, (we will also provide stock images for you depending on your requirements). While in this stage you agree to work with Inecent and have continued correspondence within a reasonable time frame. This allows Inecent to create your personalized website.
Once the Setup Stage is complete, both parties must agree that the website is ready for production. At this point, Inecent with launch and host the website for you, and your monthly charge will begin. By paying your first monthly management bill you will have indicated you are ready to begin the Management Stage.
Once you have entered into the Management Stage you agree to a monthly charge thereafter until you notify us you no longer want an Inecent hosted website, after which if your 6 month commitment has elapsed, we will cancel your contract.
After you have completed the Setup Stage, you will be subject thereafter to a billable rate of $69/hour, with a minimum work order of 15 minutes per order for any additional design, content, development changes, new features, add-ons or any additional work that falls outside of Inecent’s normal management to your site laid out in the package management scheme.
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
You guarantee that all elements of text, images, or other artwork you provide Inecent are either owned by you, or that you have permission to use them.
You are entering into a licensing agreement with Inecent. While you retain sole ownership rights to all content you have provided us, any images you’ve sent us as well as the domain name (even if we have purchased it for you), the overall site, content management system, any licenses pertaining to the website and all server space associated with it is owned and managed by us.
We reserve the right to display and link to your project as part of our portfolio and to write about it on websites, magazines, books, or any other medium, unless you explicitly tell us not to.
You can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
What We Own
All material and services available on the Site, and all material and services provided by or through Inecent, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Inecent trademarks and service marks, logos, slogans and taglines are the property of Inecent. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Inecent without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Rights to Use What We Own
Subject to this Agreement, Inecent hereby grants you a licensed limited website, revocable, non-transferable and non-exclusive. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide access to anyone who is not your employee, and (b) to ensure all individuals permitted to use the access are aware of and have agreed in writing to comply with the terms of this Agreement.
What You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”) as well as any and all content you provide us in the form of, but not limited to, text (copy), images, audio, video, links to third party website. Inecent is not responsible for your Content. You hereby grant Inecent a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to retain and backup your own original Content regularly and frequently.
Access and Use of Other Accounts and Services
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
Third party tools may be opened and used on your behalf and on behalf of your domain to fulfill our agreements laid out in your package. This may include, but is not limited to, Google Analytics, Google AdWords, Twitter, Facebook, Instagram, Wordpress, Google Business, Google Webmaster Tools, Bing/Yahoo Webmaster Tools. You give us full rights to act on your behalf, and in the best interest of your domain, as we see fit, to fulfill our obligations to you.
Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
Monitoring What You Provide Us
Inecent may, but has no obligation to, monitor Content on the Site or websites created for you by us. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Inecent or its customers, or operate the Services properly. Inecent, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Inecent may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Inecent has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Inecent requests that you place any Content behind password protection and you fail to do so promptly, Inecent may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.
- Your email storage is part of the total disk space allotment as specified in your package. Each mailbox can store up to a maximum of 100 mb.
- While we’ll try our best to help you setup your imap service with your device, this is offered only as a courtesy and we are in no way liable or held accountable for any issues during the setup or for failure to do so.
- We are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, loss of data, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the email services offered on this site.
All development work for websites need only be compatible for the latest versions of Mozilla Firefox, Google Chrome and Internet Explorer. While precautions are taken to grant backwards compatibility to certain browsers this is done only as a courtesy. If a website is deemed necessary by the client to work with an older technology this will be considered an additional feature and billable at the “Additional Work or Features” hourly rate. Due to the extensiveness of mobile platforms we cannot ensure that your website will appear perfectly across every device. Mobile & Tablet friendly means that we will try our best, within a reasonable timeframe of the development cycle, to alleviate any specific bugs, however as the website is not dedicated to mobile deployment these bugs may be accepted as allowable.
Design & Hosting
- We will purchase your chosen domain name (if available) on your behalf under the Inecent name. Upon cancellation (if your account is in good standing) we will transfer the domain to a registrar of your choosing, you will have 60 days to supply us with necessary transfer information. If after which 60 days has passed without a successful transfer due to negligence on your behalf, your domain could be left to expire.
- If you already possess the domain of your choosing under your own registrar you may
- Transfer the domain to us and we will maintain it for you.
- Point the DNS records yourself to our servers, (we can help you with this).
- Creative Hours covers the total time we will spend designing your website. If the design process takes longer than your allotted amount of Creative Hours, most likely because of an excessive amount of revision requests by the client, we may be begin charging are “Additional Work or Features” rate for hours spent in exceedance.
- The website pages in your package is the number of individual pages (url’s) your site may have.
- Back ups of your site are done weekly and kept up to maximum of 6 months up to which point they will be removed from our servers (unless otherwise requested).
- While precautions are made to limit exposure and damages caused by malevolent intrusions on your website by attackers, Inecent is not liable for any damages resulting from but not limited to loss of data for any reason due to hacking or viruses and is covered under the limitation of liability clause of this document.
- Changes to the design, code, or root access to the server, is limited to only Inecent employees, any attempt to bypass these restrictions may result in loss of service and is in violation of these terms of service.
- If your website exceeds the allotted disk space or monthly traffic as determined in your package your website may be suspended until your billing cycle resets.
- 24/7 server monitoring and 99.9% uptime is offered by our third party hosting service and is subject to their separate terms of service (available upon request).
You agree to all of the following:
- You hereby certify that you are at least 18 years of age.
- You will ensure the email address, address, contact information provided in your account is valid at all times and will keep your contact information accurate and up-to-date.
- You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
- You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You will not use the Services or Materials to impersonate another person.
- You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Inecent without our express written permission.
- You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
- You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Inecent user to access the Services.
- You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
- You may not upload individual files larger than 2MB.
- You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
- You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Inecent.
- You will not attempt to or actually override any security component included in or underlying the Materials or Services.
- You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Inecent’s infrastructure.
- You will not publish Content, send Content to us to upload on your behalf, or link to Content, that is:
- Pornographic, sexually explicit, or violent.
- Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
- Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
- Breaches another’s privacy.
- You will not publish Content that is spam, is machine- or randomly-generated, and/or contains 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).
- You verify that your country of residence is the same as your billing address.
- We will try our best to respond to any of your correspondence regarding your website or other services within a meaningful time frame however due to the nature of employee availability this may take up to ten business days. Inecent is under no obligations to engage in additional work with you after a service package is in the the management stage.
Inecent may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Inecent reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
Selling Through Inecent
- You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S. and Canada. Items identified as “not for distribution within the United States” or “not for distribution within Canada” may not be sold using the Services.
- You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
- You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
- You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
- You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
- You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.
Fees & Commitment
- If signing up for either a professional or business package with Inecent you agree to both a one time setup fee and a recurring month to month contract agreement. Your commitment to Inecent on the monthly contract is set at a minimum of six months. Any work done after the initial site launch is billed hourly at an agreed upon rate.
- You can opt to upgrade your service agreement to another contract agreement that Inecent is currently offering for sale at any time during your contract term. You will be subject to a fee that is the difference between your current package setup fee and new package setup fee. In the event of a contract downgrade, the remaining contract will run its course and once expired you will be subsequently be moved to the new contract and payment schedule. A contract downgrade will only be possible after your six month commitment has expired.
- At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via Inecent's support addresses. Any cancellation must be done at least five (5) days prior to the end of the contract term to allow for adequate processing time.
- Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Inecent to provide free support for you in the use and operation of Inecent. All other applications, features, functionality and support provided by Inecent and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
- If you purchase any Services that we offer for a Fee, you agree to Inecent, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
- Cancellation of services during your six month commitment is possible by a one time payment for half of the total monthly fee for each of the remaining months.
- If your credit card is declined at any time we will contact you at the email on file immediately. If we are unable to resolve the issue after 14 days your website will be suspended.
You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Inecent shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products.
- Services may be terminated by us, without cause, at any time.
- Services may be terminated by you, without cause, by following the cancellation procedures.
- Inecent may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
- Notice of termination of Services by Inecent may be sent to the contact e-mail associated with your account. Upon termination, Inecent has the right to delete all data, files, or other information that is stored in your account.
ERRORS AND ACCESS TO SITE
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. INECENT WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT INECENT MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
Third Party Websites; Third Party Services; No Implied Endorsement
The Site may contain links to other websites owned by third parties ("Third Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to your Inecent site. Inecent is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Inecent account.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
DISCLAIMER OF WARRANTY
THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INECENT AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER INECENT NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES INECENT OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, INECENT IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, INECENT AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE OF CANADA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER INECENT NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS AGREEMENT APPLIES SOLELY TO THE SITE. AS PART OF THE SERVICES PROVIDED TO OTHER INECENT USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF INECENT . INECENT IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY INECENT DOES NOT IMPLY AN ENDORSEMENT THEREOF BY INECENT, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.
LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, OUR EMAIL SERVICES, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF INECENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE INECENT AND HOLD INECENT AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL INECENT, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Inecent has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
You agree to indemnify, hold harmless, and defend Inecent and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. We encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Inecent as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Inecent shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Inecent in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Inecent, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
Terms You Must Post on Your Site
You agree to indemnify and hold harmless Inecent and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Agreement, it will not be considered a waiver.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- This Agreement does not confer any third party beneficiary rights.
- A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.