Terms of Service

 

Service

 

ITS Web Suite provides a hosted option integrated online solutions for online sales and support (the "Service"). The Service is provided by ITS Web Suite and/or its affiliates and/or its or their respective successors and assigns (collectively "ITS Web Suite" or "we") to you (and everyone affiliated with you and/or your company to whom you provide the right to access the Service ("you" or "your"), subject to the terms of these Terms and Conditions of Use and all modifications thereto, and the other rules that may be published from time to time by ITS Web Suite. ("Terms and Conditions" or "Agreement"). From time to time we may notify you of updates or new versions of the Service. Your usage of the updated or new versions of the Service confirms your acceptance of, and is also subject to, these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you may not use the Service.

 

General Conditions and Restrictions

 

You agree to use the Service solely for your own personal or commercial use as an online presence platform. While ITS Web Suite strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement that you are aware of our limitations with respect to security and privacy. You agree to provide true, accurate, current and complete information as required by ITS Web Suite. You agree not to transfer, assign, sublicense or resell the Service, in whole or in part, unless you are an authorized partner of ITS Web Suite and only pursuant to a partners' agreement entered into between you and ITS Web Suite ("Partners' Agreement"), and you further agree not to allow any third party unauthorized access to the Service. ITS Web Suite may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Service, with notice to you, by sending you an e-mail regarding the change.

 

You agree that any use of the Service by you during the period of thirty (30) days after such notice has been posted on the ITS Web Suite Web Site for the first time, or at any time after the receipt of an e-mail advising you of such change, shall constitute your consent to the new or revised Terms and Conditions. Unless produced by ITS Web Suite, the information you access or receive by using the Service and information sent to you by visitors to your website ("Visitors"), is provided by the Visitors and is not, controlled, verified or endorsed by ITS Web Suite in any way. By using the Service you agree to:

 

1.    Determine whether the information complies with your needs;

2.   Determine whether you have adequate legal rights to store, reproduce or otherwise make use of the information in the manner contemplated by you; and

3.    Comply with all domestic and international laws and any other any legal obligations, including but not limited to, obligations imposed by copyright, trademark, trade secrets, defamation, decency, privacy, security and export laws.

 

You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted by you or your Visitors. You acknowledge and agree, however, that we retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service. We reserve the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of any law or these Terms and Conditions. You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known to or suspected by you. ITS Web Suite assumes no responsibility for the deletion of or failure to store electronic messages, chat communications, email communications or other information submitted by you or your Visitors using ITS Web Suite services, whether submitted as part of the Service or otherwise. If you violate these Terms and Conditions, you may be permanently or temporarily banned from using the Service at the sole discretion ITS Web Suite. By way of example but not limitation, AITS Web Suite reserves the right to terminate this Agreement at any time if ITS Web Suite determines, in its sole discretion, that your site or activities are unsuitable for the Service. "Unsuitable" sites or activities may include, without limitation, those sites that AITS Web Suites believes:

 

1.    Display or promote obscene, indecent, pornographic or sexually explicit activities;

2.    Promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;

3.    Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

4.    Promote illegal activities or fail to comply with applicable law;

5.    Violate the intellectual property rights of third parties; or

6.    Have the potential to interfere with the use, enjoyment, deployment or operation of the Service by other Visitors.

 

Grant of Limited License

 

Subject to the terms and conditions of this Agreement, ITS Web Suite grants to you a non-exclusive, non-transferable, limited license to the Service solely for the purpose of accessing and using the Service in accordance with these Terms and Conditions during the term of this Agreement. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You agree not to do any of the following:

 

1.    Copy the source code of the Service or its content

2.    Translate the Service or its content

3.    Merge the Service with another program

4.    Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, decompile, alter, duplicate, or make copies of the Service, or the ITS Web Suite Web Site

5.    Sublicense, rent, or lease any portion of the Service unless you are an authorized partner of ITS Web Suite and then only pursuant to your Partners' Agreement

6.    Use the Service for unauthorized commercial purposes (that is, for the purpose of generating revenue from the Service itself) or for any purposes other than those set forth in this Agreement, unless you do so as an authorized partner of ITS Web Suite pursuant to your Partners' Agreement

7.    Unless authorized in writing by ITS Web Suite, use the ITS Web Suite monitor tags on web pages or email campaigns which generate over 1,000,000 visits per month or over 500 concurrent visitors at any given time.

8.    Harass, threaten, embarrass or cause distress or discomfort to any Visitor or client, or any other individual or entity

9.    Impersonate any other person or entity, including without limitation any ITS Web Suite official, or misrepresent your affiliation with any other person or entity, or

10.    Send unsolicited bulk e-mail (spam) with a link to the Service (including button code or monitor tag) or ITS Web Suite Web Site, or a link to a web site that contains a link to the Service or ITS Web Suite Web Site.

 

Intellectual Property Rights and Privacy

 

You acknowledge and agree that ITS Web Suite is the sole owner of the Service including without limitation, all applicable U.S. and foreign copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Internet user data collected by ITS Web Suite in the course of fulfilling its obligations under this Agreement shall be used by ITS Web Suite in accordance with the then-current ITS Web Suite privacy statement located at http://www.itswebsuite.com/#!legal-agreement/c11sa you acknowledge that no title to the intellectual property in the Service transferred to you. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of ITS Web Suite and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee, by ITS Web Suite, including without limitation, any usernames and/or passwords.

 

Export Restrictions

 

You agree that you will not share the Service to any country, person, entity, or end user in violation of the US export restrictions.

 

Disclaimer of Warranties

 

The service is provided "as is, as available" without warranty of any kind, either express or implied. Without limiting the foregoing, ITS Web Suite specifically disclaims any and all warranties, including, but not limited to:

 

1.    Any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the service; and

2.    Any warranties of merchantability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the service, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.

 

It is your sole responsibility to isolate the service and execute anti-contamination service and otherwise take steps to ensure that service or other information obtained from the service, if contaminated or infected, will not damage your information or system. ITS Web Suite makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from ITS Web Suite, shall create any warranty not expressly made herein. ITS Web Suite assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information.

 

Limitation of Liability

 

In no event shall ITS Web Suite, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person for:

 

1.    any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information and the like), in any way arising out of the delivery, performance, or use of the service, even if ITS Web Suite shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or

2.    For any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service, or any other software or other content. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of ITS Web Suite shall be limited to the fullest extent permitted by law.

 

You agree that in no event will the total liability of ITS Web Suite exceed the total of the monthly fees, if any, paid by you for the service during the 12-month period immediately preceding the alleged claim or alleged cause of action. If the service is provided at no charge to you, ITS Web Suite shall have no liability whatsoever to you.

 

Indemnification

 

By using the Service, you agree to indemnify, defend, and hold ITS Web Suite harmless for any claims, damages, proceedings, losses, costs and/or expenses (including attorneys' fees and expenses) arising in connection with or related to your breach of any of the provisions, terms or conditions set forth in this Agreement or your use of the Service.

 

Termination

 

You may terminate this Agreement at any time upon written notice to ITS Web Suite, but you shall be responsible for payment of all amounts then due to ITS Web Suite at the time of termination. ITS Web Suite may, in its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time with or without cause, immediately upon giving written notice to you. Upon termination, you will immediately cease all use of the Service and any documentation provided to you by the Service and return or destroy all copies thereof. Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and ITS Web Suite shall have no obligation, to forward any messages or information to you, your Visitors or any other third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.

 

Refund Policy

 

In line with our commitment to customer satisfaction, we have one of the most liberal refund policies around. If you write in to request a refund within 5 days of making any form of payment, you will get a full refund, no questions asked. After 5 days, refunds will be considered on a case-by-case basis. Fair? Note: Refunds are not eligible for ANY projects in situations where three (3) or more of your revision requests have been made to your project following payment. 

 

ITS Web Suite Credits

 

ITS Web Suite credits may be assigned to your account in the process of downgrading your package. Under no circumstances can these credits be refunded in the form of cash. However, available credits will be used to offset future subscription payments.

 

Force Majeure

 

ITS Web Suite shall not be liable to you or any other person for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such person due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire or other acts of God, strike, unavailability of energy sources or any other causes beyond reasonable control of ITS Web Suite.

 

Miscellaneous

 

This Agreement, together with any Exhibits hereto, contains the entire agreement of the parties, and supersedes any and all previous agreements with respect to the subject matter hereof, whether oral or written. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ITS Web Suite may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. Any waiver (express or implied) by ITS Web Suite of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of ITS Web Suite. By entering into this Agreement, you acknowledge that you are transacting business with ITS Web Suite in US. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of Illinois in the US and exclusive venue shall be in the criminal courts & Supreme Courts of Colorado Springs in the US. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.