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Our hosting service delivers a powerful, proven platform that’s perfect for hosting your websites. All you need to know about our operations and regulations.
This Services Agreement (“Agreement”) is a legal agreement between ImbiSoft ( “us”, or “we”) and the entity or person (“you”, “client, or “user”) who is / has registered and has an Account to receive our services, data, technology and analytics services, and other business services that may be offered by ImbiSoft and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services. ImbiSoft is a trading / business name belonging to ImbiSoft which is an Information Technology company in Sweden.
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
By using our platform (hereinafter the “website,” defined further below), you signify your agreement to the terms and conditions contained in this website’s Agreement (hereinafter, the “Agreement”).
This Agreement is between ImbiSoft, you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “company” (and appropriate affirmatives), the Property Search website provider offering these website to you, if any, (the “Primary Service Provider” or “Third-Party Service Provider”, “Partner”).
This Agreement may be modified from time to time. Modifications made to this Agreement will become effective 30 days after the modifications are posted. This Agreement shall be posted through the interface which you use to configure and/or otherwise order the website (the “website Interface”). You agree that you will check the terms and conditions of this Agreement periodically and that, if you no longer agree to the terms and conditions, you will stop using the website and that you will terminate the website as described below.
The website consists of specific configuration which you selected or are going to select through the website Interface as you use the website. You acknowledge and understand that important service limitations (including capacity matrices), pricing, the term of the Service, payment terms, and other conditions relating to the website are conveyed through the website Interface and are hereby incorporated into this Agreement.
Each Property Search created using the website is built on and integrated with our Partner’s Property Search platform, and any attempt to migrate or otherwise transfer any such Property Search to another Property Search provider is prohibited.
Except for the content provided by you, each Property Search created using the website belongs to the Service Provider. For the duration of your website subscription, you are granted personal access into each Property Search you create or is created by ImbiSoft on your behalf using the website . Cancellation of the website for any reason terminates your access to each Property Search.
As part of the website , you may be allowed to use certain photographs, illustrations, or other images developed, owned, or licensed by third-party providers (“Images”).The Images are neither sold nor distributed to you and you may use the Images solely as part of the website . In addition, you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images, and you may not create derivative works of the Images. We have the right, at any time, at our sole and exclusive discretion, to remove any Image(s) from your Property Search.
By uploading content for your Property Search, you grant us nonexclusive, worldwide, sublicensable, royalty-free license: (i) to use the content for the purpose of including it in your Property Search, and (ii) to display screenshots of any Property Search created using the website , in marketing materials, or in other manners as determined by ImbiSoft in its sole discretion. You represent and warrant that: (y) you have all necessary rights to use such content, and (z) the content does not violate the intellectual property rights or other rights of any third party. As used in this Section, “content” means all information, data, code, text, software, music, sound, photographs, illustrations, graphics, video, messages, or other materials you provide to us in connection with the website .
You are hereby informed that, if you use a credit card to pay for the website , that the charge for the website may appear under a name other than the name of the Primary Service Provider (the name being generally descriptive of the website ) and that, prior to contacting your credit card company in relation to such charges, that you will first contact the Primary Service Provider to verify the charges and the manner of billing. You agree that any chargeback by a credit card company (or similar action by another payment provider) of a charge related to the website , for whatever reason, is a material breach of this Agreement and is grounds for immediate termination. You further agree that, upon a chargeback by you, you agree and acknowledge that we or the backend website provider may suspend your access to any account you have with Partner and your use of any domain names, Property Search content, email, or other data hosted on our systems. We will reinstate your rights solely at our discretion, and subject to receipt of the fee owed and then-current reinstatement fee, currently set at US$200.
You agree that the website shall be provided for the term you selected through the website Interface. Unless you terminate the website, you agree that the membership may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that either ImbiSoft the Partner obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the website through the website Interface or by contacting us by mail or phone. You agree that attempts to terminate the website other than through the website Interface (such as by sending an email to a general email address of either the ImbiSoft the Partner) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by either ImbiSoft, the third party service provider. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that neither ImbiSoft or the Partner shall be obligated to contact you to update such information in the event that the charges are denied.
You agree that you may not downgrade (reduce) the capacity matrices of the website below the level of actual use of the website which you experienced in the current or previous month.
Your use of our website may be suspended and/or this Agreement may be terminated if either ImbiSoft or the Partner determines that you are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you or the ImbiSoft the Partner. In the event of termination or suspension of website under such circumstances, you agree
(i) that no pre-paid fees will be refunded to you and
(ii) that either the Primary Service Provider or the Partner may take control of any domain name associated with the terminated website, provided such domain name was registered through the domain name registration website of the ImbiSoft the Partner.
You understand that taking control of a domain name includes, without limitation, acts such as listing such controlling parties as the “registrant” and/or “administrative contact” for the domain name and controlling the DNS settings for the domain name.
Either ImbiSoft or the client may elect to terminate this Agreement without cause and discontinue the website upon a 3 days’ notice, whereupon any pre-paid fees for an unused portion of a service term shall be refunded within a reasonable period of time.
The website is provided through an infrastructure which is shared by other clients and as such resource abuse is not accepted and may lead to account termination. Your use of the server may be throttled or suspended indefinitely if your use of the resources degrades the ability of either ImbiSoft or the Partner to provide services to other users.
You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between yourself and ImbiSoft. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You further agree that you will regularly login to your account to obtain any notices posted through the website Interface. You agree that your failure to respond to a communication from either ImbiSoft or a third-party Service Provider may result in suspension or cancellation of the website without any refund of pre-paid fees, if any.
You acknowledge that neither ImbiSoft or a Service Provider are obligated to return any data to you upon termination of this Agreement. You acknowledge that it is your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provide the website and to do so within the bandwidth limitations of the website . You acknowledge that any loss or corruption of data which occurs due to an interruption in the website , regardless of the cause of the interruption, shall not be the responsibility of ImbiSoft Partner and that you may, following an interruption in the website , be required to upload the data to the servers and other equipment which provide the website .
You represent and warrant as follows:
(i) you are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on your Property Search by you and/or by the users of your Property Search;
(ii) your Property Search and your use of the website will not infringe the intellectual property rights of any third party;
(iii) your Property Search and your use of the website will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child pornography, collection of identifying information, consumer protection, and privacy;
(iv) neither you nor those who access your Property Search will upload any worms, virus, or malicious code to the servers which provide the website ; and
(v) your Property Search and your use of the website will not subject either ImbiSoft the Partner to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or website which you may provide or offer through the Property Search hosted through the website .
You further represent and warrant that you will not allow any unauthorized third party to access the account which you use to access the website.
Under normal regulations, clients can request for a refund within 14 days of making a purchase. We wish to confirm that we do not provide a refund for any digital product / License that has been bought from us or through an affiliate partnership. However, we may negotiate a refund if a Web Design Order was placed and paid for. We reserve the right to negotiate if a refund request should be accepted or not.
NO REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS: IMBISOFT AND PARTNER DISCLAIM ANY WARRANTY THAT THE STUDY PROGRAM WILL BE UNINTERRUPTED, TIMELY, AND/OR ERROR-FREE. You agree that any unplanned or unannounced interruptions in the website shall not require a remedy.
LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER IMBISOFT NOR PARTNER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE STUDY PROGRAM; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE STUDY PROGRAM; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF ImbiSoft OR PARTNER ; (G) THE PROCESSING OF YOUR APPLICATION FOR THE STUDY PROGRAM; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER ImbiSoft NOR ITS PARTNERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER IMBISOFT OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER ImbiSoft OR ITS PARTNERS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE STUDY PROGRAM FOR A 1-MONTH PERIOD, BUT IN NO EVENT GREATER THAN US$100. BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES/COUNTRIES, THE LIABILITY OF IMBISOFT AND/OR ITS PARTNERS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD IMBISOFT AND ITS PARTNER(S), THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE STUDY PROGRAM OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER US AND / OR PARTNER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE STUDY PROGRAM UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR PARTNER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A MATERIAL BREACH OF THIS AGREEMENT BY YOU.
You agree that the Partner or third-party service provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of ImbiSoft . You acknowledge and agree that neither ImbiSoft or the Partner are agents for one another.
DISCLAIMER OF WARRANTIES: NEITHER IMBISOFT NOR PARTNER MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE STUDY PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER ImbiSoft OR PARTNER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW: This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Sweden and European Union, as if the Agreement was a contract wholly entered into and wholly performed within Sweden. You agree that any action to enforce this Agreement or any matter relating to your use of the website shall be brought exclusively to a Swedish District Court, or if there is no jurisdiction in such court, then in a court within the Gävle County. You consent to the personal and subject matter jurisdiction of any state or court within the Gävle County, in relation to any dispute arising under this Agreement. You agree that service of process on you by either ImbiSoft or Its Partner(s) in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.