TERMS & CONDITIONS
Acceptance of Agreement
By using our website and services you (“the Client”, “customer”, or “you”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of our services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
If at any time the Client is dissatisfied with the services IWS has provided, the Client can request to cancel their accounts. To cancel services, a Client may either go to the following URL: www.InboundWebServices.com/support-services/ and submit a request or send an email to email@example.com, and the request will be processed.
Description of Services
We provide our Clients with specialized web services (our “Services”). The scope of our Services may include, but is not limited to: web administration, hosting, domain registration, email, website development, digital media, user training, social media, online marketing, content management, consulting and research. The scope of the service may be limited or expanded by the Client and/or InboundWebServices.com at anytime. Our role is to provide the best in web services to our clients, and we strive to make sure any information we provide is accurate and useful.
Client – Provider Relationship
As it relates to IWS products and services, Inbound Web Service.com, LLC is your provider. That means that anything we do on your behalf has the same effect as if you have done it yourself. That’s one of the reasons you hire us – to act as an extension of you and your businesses. As your provider, we can with your permission provide information to others, make recommendations to others, make promises you have authorized to be made, send communications in your name, make purchases or render services, or anything else that you need done and that we can do. Our responsibility is to carry out your instructions and to work within the limits of the authority you grant us. You and you alone are responsible for the transactions entered into on your behalf, and this responsibility continues even if you stop being our Client.
Domain Registration: All client domains that we manage are registered through Domain.com, and remain as the owned property of our clients. For all websites that we manage, our Domain Registration service is required for security and service purposes.
User Access Policy: We only grant access to our managed websites that is specific to what a client or provider (end-user) needs to do. Your website offers different user roles that come with a variety of access settings that are controlled. As your web administrator, we are responsible for the website, and own or license many of the internal systems and tools used. Therefore, we do not give out full access that is equal to our own.
Website Transfers: You may transfer a website to us or away at anytime – this applies to non-licensed websites only. Please be aware, that the supporting systems and tools used for websites that we did not create may not continue to be available. For websites that we do create, our owned and/or licensed systems and tools are non-transferrable. Please consult with us prior to making any website transfers and we will be happy to assist you.
End User License Agreement
for Team Websites, Player Profiles, & Student e-Portfolios
Any website systems for Club or Sports Team Websites, Player Profiles, & e-Portfolios that are made available to the End User (the client) directly or indirectly from IWS, are the copyrighted work of Inbound Web Services, LLC and/or its suppliers.
Our Website Systems are only made available via our licensing terms, and are solely for the use of end users in accordance with this License Agreement. The use of our Website Systems are governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Website Systems ("License Agreement"). An end user will be unable to install any Website Systems that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by IWS.
Any reproduction or redistribution of the Website Systems not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Website System: An IWS Team Website Product, Player Profile Web Page, and/or Student e-Portfolio Product.
End Product: A customized, and/or configured IWS Website Systems, Team Website, Player Profiles, and Student e-Portfolios.
Item: IWS Products, or the Components the Website Systems, Team Websites, Player Profiles, and Student e-Portfolios.
Author: Inbound Web Services, LLC; or “IWS”, or Owner of a licensed software, program, or digital component.
Free: No fee is paid by the end user to access the End Product. The End Product is not sold. No fee is paid to subscribe to a service that includes the End Product (eg a website subscription fee).
Sell or Sold: Sell, license, sub-license or distribute for any type of fee or charge.
For some Items, a component of the Item will be sourced by the author from elsewhere and different license terms may apply to the component, such as a business license or an open source or creative commons license.
You can only use the Item for lawful purposes. Also, if an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects.
Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
This license may be terminated if you breach it. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it.
The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you. Inbound Web Services, LLC is not a party to this license or the one giving you the license.
This License grants you, the purchaser, a lifetime ongoing, non-exclusive, worldwide license to make use of the digital work (Item) you have selected.
An End Product is one of the following things, both requiring an application of skill and effort.
(a) For an Item that is a template, the End Product is a customized implementation of the Item.
For example: the item is a website system or theme, and the end product is the final website customized with your content.
(b) For other types of Item, an End Product is a work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
For example: the item is a button graphic and the end product is a website.
End Products for a client, are non transferrable to others, businesses, or individuals. Also, you are not permitted to doing any of the following:
(a) Sell the End Product to others, businesses, or individuals.
(b) re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item.
(c) re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free.
(d) use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as a“plugin” or “build it yourself” application.
(e) although you can modify the Item and therefore delete unwanted components before creating your single End Product, you can’t extract and use a single component of an Item on a stand-alone basis. For example: You license a website theme containing icons. You can delete unwanted icons from the theme. But you can't extract an icon to use outside of the theme.
(f) Permit an end user of the End Product to extract the Item and use it separately from the End Product.
(g) You can’t use an Item in a logo, trademark, or service mark.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE WEBSITE SYSTEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH WEBSITE SYSTEMS.
THE WEBSITE SYSTEMS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INBOUND WEB SERVICES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE SYSTEMS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, IWS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. IWS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE VIA OUR WEBSITE SYSTEMS, OR IN IWS PRODUCTS.
Accounts, Passwords and Security
Certain features and services offered through the Site may require you to open an account (including setting up an IWS user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify IWS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by IWS or any other user of or visitor to the Site due to someone else using your IWS user ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s IWS user ID, password or account at any time without the express permission and consent of the holder of that IWS user ID, password or account. IWS will not be held liable for any losses or damages arising from your failure to comply with these obligations.
Visiting our Site or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. This Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Site only with permission of a parent or guardian.
Access To This Site
Purchases; Other Terms and Conditions
IWS’s obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
IWS may make changes to any Service offered on the Site at anytime without notice. Changes may be subject to (but not limited to) the applicable price, what is included, the process, automatic renewal terms, supporting and related services.
Term; Billing and Account Renewals
We work on several billing methods, depending on the services provided, and area as follows: subscription based, hourly based, and one-time fee based (pay-in-advance) methods. Our Service terms may be either one year, semi-annual, quarterly, or monthly – beginning on the date of purchase.
A Renewal or Automatic Renewal, or Manual Renewal within a current Service term extends the existing expiration date of the Service. Such renewal term begins the day after the current term ends. When an expired Service term is renewed, the new term may be either one year, semi-annual, quarterly, or monthly – beginning on the date of renewal.
Each Service will automatically renew (referred to as “Automatic Renewal Services”) for an additional term, commencing on the day after the previous term ends unless (i) you have elected to opt-out of the Automatic Renewal by notifying IWS of your decision to opt out of Automatic Renewal Service, (ii) you paid for your Service with another form of payment, such as cash, in which case you were not opted in to Automatic Renewal Service, or (iii) IWS cancelled the Service or terminated your Service term.
You may elect to have Automatic Renewal Service at any time by opting in and providing a credit or debit card (other than a debit card that always requires a PIN). Automatic Renewal Service fees may be applied and automatically added to the total amount of the services.
For billing that is on a Manual Renewal basis, and is not an Automatic Renewal, will be due and transacted at the following times: (i) on the day of the completion of a task or project; (ii) on the Friday of each week while work is in progress for accrued hours; and/or (iii) when a total of 40 hours have been accumulated for work in progress.
For failed and late payments, the following fees and charges are applicable:
(i) for failed payments, there is a $10.00 re-processing fee per transaction; subject to payments made within 5 business days after the due date.
(ii) for late payments, there is a $20.00 re-processing fee per transaction; subject to payments made after 5 business days from the due date.
For example, if a credit card payment is declined, it is considered a failed payment and a $10 fee is applicable. If the payment is successfully made 7 business days later, there is a second fee applied of $20 – for a total of $30 in extra charges.
When you enroll in an IWS Service and do not opt out of Automatic Renewal Service prior to your renewal date, and your account shows that you have not opted out of Automatic Renewal Service, upon your next and subsequent renewals the then current Service fee will be billed to: (i) the form of payment we currently have on file for you that was used to enroll in the Service, (ii) the form of payment we currently have on file for you that you provided to us at the time of renewal, or when making a purchase (iii) the form of payment we currently have on file for you that you updated through your authenticated IWS account, or by calling IWS customer service at 1-800-532-3015.
When you enroll in an IWS Service online at InboundWebServices.com, and you do not opt out of Automatic Renewal prior to your renewal date, or you renew your Service online and you do not opt out of Automatic Renewal, upon your next and subsequent renewals, the then current Service fee will be billed to: (i) the form of payment we currently have on file for you that was active in your IWS account at the time of the enrollment or the renewal, (ii) the form of payment we currently have on file for you, or (iii) the form of payment we currently have on file for you that you updated through an authenticated IWS account or by calling IWS customer service at 1-800-532-3015.
When invoices are sent, we may send them to you either weekly, bi-weekly, or monthly depending on the nature of the work being done.
Invoices are sent via email and are due within 5 business days of their delivery date. Project work will be on pause until the the most recent invoice is paid, or the account is all up to date. This policy helps maintain a smaller billing cycle and control of work-flow.
For continuous ongoing work that operates without any gaps or pauses, you must be setup on our Automated Billing Service. This is where the weekly, bi-weekly, or monthly invoices are automatically paid via your accounts payment method and a receipt is emailed to you entailing the itemized details for your convenience.
If anything ever does not look right with your billing and invoicing, please let us know right away and we will make any adjustments necessary.
The Client is entirely responsible for any and all activity that occurs under their account whether authorized or not. The Client agrees to notify Inbound Web Services.com, LLC of any unauthorized use of the client’s account or any other breach of security that becomes known by the Client. The Client is entirely responsible for any unauthorized activity that occurs under their account as a result of the Client’s failure to maintain security of its cloud shared folder and/or login account. The Client’s right to use the Service is personal to the Client. Client agrees not to resell or make any commercial use of the Service without the express written consent of Inbound Web Service.com, LLC.
Cancellation & Refund Policy
You may cancel your client account at any time – free of charge. For all new orders and/or renewals, cancellations made with in 3 days will qualify for a pro-rated refund. Any cancellations made after 3 days will not qualify for a refund.
Please note: For website transfers, a written notice is required in advance. Service & Support fees may be applicable. If you have any questions, please feel free to contact us at anytime.
Modifications and Interruption to Service
IWS reserves the right to modify or discontinue the Service with or without notice to the Client. We shall not be liable to Client or any third party should IWS exercise its right to modify or discontinue the Service. Client acknowledges and accepts that IWS does not guarantee continuous, uninterrupted access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third Party Accounts
You will be able to connect your Site’s account and to third party accounts. By connecting your Site’s account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Third Party Sites
Our Site may contain links to websites operated by third parties. Also, your website(s) that we manage may also include links and programs to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Third Party Professionals
We work with a wide range of third party professionals who we know and trust. We may either sub-contract with them or work as strategic business partners.
For third party professional that we are not familiar with, we do not allow access to our systems and tools.
Exclusion of competitors: Please note, that you are prohibited from using our Site, including the Content, in any way that competes with our business. We also prohibit the use of competitors to work directly on websites that we manage.
Disclaimer Regarding Accuracy of Affiliate, Partner, and Vendor Services and Products
While IWS makes every effort to ensure that the information provided by our service is accurate; we can make no representations or warranties as to the accuracy or reliability of any product specifications, services, and other information that have either been provided by our Affiliates, Partners, and Vendors, or collected from publicly available sources. IWS makes no warranties or representations whatsoever with regard to any product provided or service offered by any Affiliate, Partner, or Vendor, and you acknowledge that any reliance on representations and warranties provided by any Affiliate, Partner, or Vendor, shall be at your own risk.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold harmless this Site’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Site in asserting any available defenses.
The information, content and documents from or through the Site are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
In particular, but not as a limitation thereof, we are not liable for any indirect, special, incidental or consequential damages, including damages for loss of business, loss of profits, litigation, or the like, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within any electronic file containing a form or document from the Site is disclaimed.
Limitation of Liability
We shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Site, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, or (d) the content contained on the Site; and in no event will our aggregate liability to you exceed $100.
We reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IWS as a result of this agreement or use of the Site.
Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. A printed version of this agreement and of any 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Feedback and Information
Any feedback you provide with regards to this site and/or any of our products & services shall be deemed non-confidential. IWS shall be free to use such information on an unrestricted basis.
Copyright & Trademark Information
InboundWebServices.com, including our site designs, structure, text, graphics and interfaces on our site, and the selection and arrangements of the elements of our site is © copyrighted by Inbound Web Services.com, LLC, with all rights reserved, or is the property of Inbound Web Services.com, LLC and/or third parties protected by intellectual property rights.
Any use of materials on InboundWebServices.com and/or; your business, or e-Portfolio Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written permission of an authorized officer of Inbound Web Services.com, LLC – is strictly prohibited.
Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Inbound Web Services.com.
are proprietary marks of Inbound Web Services.com, LLC. Your use of our Service does not grant you any rights to use our marks or our copyrighted material, or intellectual property.
All other trademarks displayed on InboundWebServices.com, and IWS websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with IWS.
Notification of Claimed Copyright Infringement
Pursuant to Section 512© of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, IWS designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Attention: Director of Operations
Mailing Address: 101 Washington Ave, s127, Grand Haven, MI 49417
Governing Law; Dispute Resolution
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Compliance with Laws
Client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Other Terms; General
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by IWS, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Client.
Changes to Terms
Copyright © 2019 Inbound Web Services.com, LLC. All Rights Reserved.
For any questions regarding our Terms and Conditions, you may contact us at anytime.
Inbound Web Services.com, LLC
101 Washington Avenue, s127
Grand Haven, MI 49417