Terms of Service Last updated: May 3rd, 2024
Definitions and Legal References
This Website (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (“Company“, “we”, “us”, or “our”)
Inwebify – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
User (“User” or “you” or “your”)
The natural person or legal entity that uses this Website.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
This document is an agreement between You and Inwebify .
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy policy (“Privacy Policy”) and any additional terms that apply.
These Terms govern
- the conditions of allowing the use of this website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in appropriate sections of this document.
The User must read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.
This Website is provided by:
Inwebify
1 East Erie St Suite 525 PMB 4013
Chicago, IL 60611
United States
Owner contact email: howdy@inwebify.com
Summary of What the User Should Know
- Age restriction on usage of this Website and the Service: To access and use this Website and any of its Service the User must be an adult under applicable law.
- Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.
Terms of Use
Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
- Users must be recognized as adult by applicable law.
Content on this Website
Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights regarding content on this Website – All rights reserved
The Owner reserves and holds all intellectual property rights for any such content.
Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by anyone under the age of eighteen (18) is unauthorized and is a violation of this Agreement.
Third Party Use: If you allow any other third-party or entity to utilize our Services on your behalf under the terms of this Agreement (whether an independent contractor or employee) any such third-party or entity is bound by the terms of this Agreement. Any such violations of this Agreement by any third party or entity acting on your behalf will be attributed to you.
You are accountable for furnishing accurate, up-to-date, and complete details on registration forms, including an email address distinct from your domain. In instances of abuse or communication needs, we will utilize the primary email address on record. Ensuring accuracy of your account contact information, including domain accounts, is your responsibility at all times. Inwebify disclaims responsibility for any service disruptions, including lapsed domain registrations due to outdated contact details associated with the domain. To verify or update your contact information, kindly contact our sales team via email or utilize the Inwebify Billing and Support System. Providing false contact information may lead to account termination. In certain instances such as dedicated server purchases, providing government-issued identification and potentially a credit card scan for verification purposes may be required. Failure to comply may result in order denial.
You are solely responsible for all activities conducted through your account and for maintaining the security and confidentiality of your password and other account-related information. Any additional dedicated IP orders beyond those included with your hosting package may be subject to IP justification. Our IP justification practices may change to align with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to refuse any dedicated IP request due to inadequate justification or current IP usage.
Website Migrations
Our Migrations Team will make every effort to assist you in transferring your website content to our Services. Migrations are provided as a courtesy service for up to 10 cPanel accounts. Additional migrations are available at our standard hourly admin rate. We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.
The free migration service is available for thirty (30) days from the date you sign the Agreement. Transfers outside of the thirty (30) day period will incur a charge; please contact our Migrations department to receive a price quote.
Warnings: In no event shall Inwebify be held liable for any lost or missing data or files resulting from a transfer to or from Inwebify. You are solely responsible for backing up your data in all circumstances prior to any transfer. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host and will inform You. You acknowledge and accept this condition.
User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos, and other content (collectively referred to as “User Content”) on or through the Services. User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Inwebify that (i) You have all the necessary rights to post or distribute such User Content, and (ii) Your posting or distribution of such User Content does not infringe or violate the rights of any Third-Party.
You may not use your home directory as a location to place backups, including cPanel/WHM/Third Party applications. All websites are automatically backed up nightly in third-party locations. Inwebify reserves the right to remove any files that violate this policy under our sole discretion. Users that violate this policy are subject to immediate suspension and/or termination of our Services.
Licensing: You hereby grant to Inwebify non-exclusive, royalty-free, worldwide right and license to (i) use, reproduce, publicly perform, publicly display, modify, translate, extract (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Inwebify does not acquire any right, title, or interest in or to the User Content, all of which shall remain solely with you.
Disclaimer: Inwebify exercises no control over and accepts no responsibility for, User Content or the content of any information passing through Inwebify’s computers, network hubs and points of presence or the Internet. Inwebify does not monitor User Content. However, You acknowledge and agree that Inwebify may, but is not obligated to, immediately take any corrective action in Inwebify’s sole discretion, including without limitation, removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if You violate the terms of this Agreement. You hereby agree that Inwebify shall have no liability due to any corrective action that Inwebify may take in relation to any such violations of this Agreement.
Account Security and Inwebify Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks, and network devices, are provided only for authorized customer use. Inwebify may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third-party network or system without authorization from the third-party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third-party. Inwebify may, at our discretion, request documentation to prove that your access to a third-party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Inwebify of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Inwebify may clean-up your account for an additional fee.
Inwebify reserves the right to migrate your 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.
HIPAA Disclaimer. We are not “HIPAA compliant.”
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. We do not sign “Business Associate Agreements” and you agree that Inwebify is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. 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. Inwebify does not control or monitor the information or data you store with or transmit through the Services. If you have questions about the security of your data, you should contact secure@inwebify.com.
Compatibility with the Services
You agree to cooperate fully with Inwebify in connection with Inwebify’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Inwebify is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Inwebify to provide the Services, which may be changed by Inwebify from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Inwebify does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Multiple Accounts
Users may not utilize multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Prepayment
It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Auto Renewal
Unless otherwise provided, you agree that unless and until you notify Inwebify of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. To cancel our Services, you must provide notice no later than 30 days prior to the next billing cycle to avoid being billed after cancellation.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added to Inwebify’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (14) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Inwebify may suspend or terminate your account and pursue the collection costs incurred by Inwebify, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Inwebify will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Payments
It is solely your responsibility to notify Inwebify’s Billing department via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Inwebify is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Inwebify may report any such misuse or fraudulent use, as determined in Inwebify’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes
You have ninety (90) days to dispute any charge or payment processed by Inwebify. If you have any questions concerning a charge on your account, contact our billing department directly for assistance.
Money-back Guarantee
Inwebify offers a thirty (30) day money-back guarantee for Inwebify’s hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, your initial payment will be refunded to you. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, installation fees for custom software or other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
Payment Method
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks, and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-Back Guarantee
If an account with a thirty (30) day money-back guarantee is purchased and then canceled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will receive a full refund of all basic hosting fees previously paid by you to Inwebify for the initial term (“Money-Back Guarantee Refund”). To receive this Money-Back Guarantee, you must provide a written request to the Inwebify Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”). The Money-Back Guarantee Refund shall be due to you provided that you comply with all terms and conditions of this Agreement and have not violated any provision herein. Refunds will only be issued for basic hosting services and will not include administrative fees, installation fees for custom software, or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable written Refund Request within the Notice Period.
Cancellations for shared accounts will be effective on the account’s renewal date.
Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-Refundable Products and Services
Refunds are not applicable for domain names, dedicated servers, administrative fees, license fees, or custom software installation fees. Domain refunds are solely at Inwebify’s discretion and will only be considered if the domain was ordered alongside a hosting package. Refunds for domain names will be adjusted based on the market value of the gTLD. Purchases of ccTLDs are non-refundable.
Cancellation Process
You can terminate or cancel our services by providing written notice to Inwebify through the provided cancellation form. Upon termination: (i) you must settle all accrued fees and charges prior to the cancellation’s effectiveness, and (ii) Inwebify may, at our discretion, refund prepaid fees for basic hosting services for the full remaining months post-cancellation (without refunding partial month fees), deducting setup fees, taxes, and any prepayment discounts, provided you’re not in breach of this Agreement.
Upon receiving your cancellation form and confirming all necessary details via email, we’ll notify you in writing (typically via email) that your account has been canceled. Your cancellation confirmation will include a ticket/tracking number in the subject line for reference and verification purposes. You should promptly receive an automatic email with a tracking number indicating “Your request has been received.” Inwebify will confirm your request and process the cancellation shortly thereafter. If you don’t receive the automatic confirmation email or hear back from us within a few minutes of submitting your cancellation form, please contact us immediately.
We require all cancellations to be submitted through the online form to (a) confirm your identity, (b) acknowledge in writing your readiness for the removal of all files and emails, and (c) document the request. This process aims to minimize errors, fraudulent/malicious requests, and ensure your awareness that files, emails, and account may be immediately and permanently removed post-cancellation.
For shared accounts, cancellations will take effect on the account’s renewal date.
Domains
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Inwebify’s Billing department via a support ticket to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Inwebify is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
Inwebify may terminate your access to the Services, in whole or in part, without notice for the following reasons: (i) You fail to pay any fees due; (ii) You violate this Agreement; (iii) Your conduct may harm Inwebify or others or cause Inwebify or others to incur liability, as determined by Inwebify in our sole discretion; or (iv) as otherwise specified in this Agreement. In such an event, Inwebify 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, Inwebify 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.
CPU, Bandwidth & Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by Inwebify is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email, and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including offsite storage of electronic files, email or FTP hosts. Inwebify expressly reserves the right to review every shared account for excessive usage of CPU, disk space, and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Inwebify may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Inwebify’s terms and conditions.
VPS Managed Services
Please be aware that manual module installations and bypassing WHM/cPanel may void your management agreement with us.
Bandwidth Usage
Shared servers are not limited in their bandwidth allowance.
Uptime Guarantee
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Inwebify and may be dependent upon the justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors, including but not limited to, the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Web Server which may differ from the uptime reported by other individual services. To request a credit, please create a support ticket to our Billing department with justification.
Price Change
Inwebify reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice of any price change. It is your sole responsibility to periodically review billing information provided by Inwebify through the user billing tool or through other methods of communication, including notices sent or posted by Inwebify.
Coupons
Discounts and coupon codes may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Liability and Indemnification
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
USA Users
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Common Provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).
Service Reselling
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy Policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual Property Rights
Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
Assignment of Contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
USA Users
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Independent Contractor
Inwebify and User are independent contractors and nothing contained in this Agreement places Inwebify and User in the relationship of principal and agent, partners or joint venturers. 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.
Governing Law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of Jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Disclaimer
Inwebify shall not be responsible for any damages your business may suffer. Inwebify makes no warranties of any kind, expressed or implied, for the Services under this Agreement. Inwebify disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Inwebify or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. Inwebify’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared accounts as a courtesy and may be modified or terminated at any time at Inwebify’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups. Inwebify 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 Inwebify’s servers.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, INWEBIFY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. INWEBIFY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. INWEBIFY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
Inwebify may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Entire Agreement
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 herein.
Headings
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
Inwebify may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Inwebify website for at least thirty (30) days after the changes are posted and will indicate at the top of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Inwebify reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect. Services at any time.
Waiver
No failure or delay by you or Inwebify to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Inwebify. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Inwebify may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of the User. This Agreement shall be binding upon and shall insure the benefit of the parties hereto and their respective successors and permitted assignees.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third-party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Inwebify must be sent to our agent for notice to: agent@inwebify.com.
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Electronic Notices
Your interactions with Inwebify involve electronic communication, whether you access the Platform, send emails to Inwebify, or receive notices through the Platform or mobile notifications. For contractual matters, you (1) consent to receive electronic communications from Inwebify, and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided by Inwebify electronically fulfill any legal requirement as if they were in writing. This arrangement doesn’t alter your statutory rights.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against the user as if it were a party to this Agreement.