Jump to content

Ideal Web Technologies' Terms Of Service

Last Revised On: April 20, 2010
Ideal Web Technologies ("we," "us," "our") provides personalized web development along with web based support through the use of this website, idealwebtech.com. These Terms of Service govern the use of this website by its visitors ("you," "your"). It is important that you carefully read and understand these Terms of Service. By visiting and/or using this website, or any of our other services, you agree to be bound by these Terms of Service; you also agree to abide by all applicable laws. If you do not agree to any of these terms, please do not use any of our services, including this website.

We reserve the right to change or modify the terms and conditions of these Terms of Service at any time. Any changes we make will be effective immediately upon the posting of any new or revised terms to this website. Your continued use of this website, or any other service provided by us, signifies your acceptance of such changes. We also reserve the right to take any appropriate legal action against anyone who violates these terms, including without limitation, removing any content and terminating usage of our services for those violators. It is therefore important that you review these terms regularly to ensure you are updated as to any changes.

Services

Ideal Web Technologies' services include, but are not limited to:
  • any website owned and operated by Ideal Web Technologies
  • any software created by Ideal Web Technologies
  • any service provided via online, phone or mail by Ideal Web Technologies

Eligibility

Use of any of Ideal Web Technologies' services, including the use of this site, is void where prohibited. Our staff may also limit your use of any of our services at any time. By using any of our services, you represent and warrant that:
  • any and all information submitted during the registration process, or at any other time, is truthful and accurate
  • you will maintain the accuracy of such information
  • your use of our services does not violate any applicable law or regulation.

Pricing & Fees

You acknowledge that we reserve the right to charge for the use of any service provided by us, and to change any prices/fees at any time. If your use of any service provided by us is limited, or terminated because you have breached any of these terms, you shall not be entitled to a refund of any unused portion of fees or payments.

Privacy

Use of any of Ideal Web Technologies' services is also governed by our Privacy Statement, which is incorporated into these terms by this reference. Our Privacy Policy can be found online at http://www.idealwebtech.com/documents/privacy.html

Account Security

You are entirely responsible for maintaining the confidentiality of your account information for any of our services. You agree not to use any account, username or password other than your own. You also agree not to disclose any of your account information to any third party, and to notify Ideal Web Technologies immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.

Account Usage

Our services, especially those with fees, are intended for use by only those granted access. Those with permission to use any of our services shall use them in accordance to these terms of service, and only as intended. Our services may only be used for promotional purposes by those given explicit consent from us, and may only be used as long as that permission is granted. We reserve the right to remove content at our discretion. Illegal and/or unauthorized use of any service provided by us, including collecting any account information by any means is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed without notice or explanation and may result in termination of account or usage of our services. We reserve the right to take appropriate legal action for any illegal or unauthorized use of our services.

Personal Disputes

You are solely responsible for your interactions with others via our services. We reserve the right, but have no obligation, to become involved in any way with disputes.

Proprietary Rights in Content on the Ideal Web Technologies Website

Ideal Web Technologies does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Ideal Web Technologies website. After posting your Content to the Ideal Web Technologies website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Ideal Web Technologies website, you hereby grant to Ideal Web Technologies a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through any Ideal Web Technologies Products, including without limitation distributing part or all of the Ideal Web Technologies website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Ideal Web Technologies website. This limited license does not grant Ideal Web Technologies the right to sell or otherwise distribute your Content outside of any Ideal Web Technologies Product. After you remove your Content from the Ideal Web Technologies website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Ideal Web Technologies website you change the Content's privacy setting to "private," where applicable, we will cease distribution of such "private" Content outside the Ideal Web Technologies website as soon as practicable after you make the change.

The license you grant to Ideal Web Technologies is non-exclusive (meaning you are free to license your Content to anyone else in addition to Ideal Web Technologies), fully-paid and royalty-free (meaning that Ideal Web Technologies is not required to pay you for the use on any Ideal Web Technologies service of the Content that you post), sublicensable (so that Ideal Web Technologies is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide any Ideal Web Technologies service), and worldwide (because the Internet and our services are global in reach).

You represent and warrant that: (i) you own the Content posted by you on or through our website or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Ideal Web Technologies website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the our website.

The Ideal Web Technologies website contains Content of Ideal Web Technologies ("Ideal Web Technologies Content"). Ideal Web Technologies Content is protected by copyright, trade secret and other laws, and Ideal Web Technologies owns and retains all rights to the Ideal Web Technologies Content and all our services. Ideal Web Technologies hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Ideal Web Technologies Content (excluding any software code) solely for your personal use in connection with viewing the Ideal Web Technologies website and using any Ideal Web Technologies service.

The Ideal Web Technologies website contain Content of its users and other Ideal Web Technologies licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through any of our services.

Ideal Web Technologies performs technical functions necessary to offer its services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the our services.

Posted Content

Ideal Web Technologies may reject, refuse to post or delete any content for any or no reason, including content that violates these terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring our services for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor our services, we nonetheless assume any responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You are solely responsible for the content that you post on or through any of our services, and any material or information that you transmit to others and for your interactions with others.

Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Ideal Web Technologies website. Ideal Web Technologies reserves the right to investigate and take appropriate legal action against anyone who, in Ideal Web Technologies' sole discretion, violates this provision, including without limitation, removing the offending Content from the Ideal Web Technologies website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Ideal Web Technologies:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • publicly posts information that poses or creates a privacy or security risk to any person;
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without prior written consent from Ideal Web Technologies such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph or video of another person that you have posted without that person's consent; or
  • violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Ideal Web Technologies website and through your use of any Ideal Web Technologies Product. Ideal Web Technologies reserves the right to investigate and take appropriate legal action against anyone who, in Ideal Web Technologies's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any registered user to buy or sell any products or services through the unauthorized or impermissible use of any of our services. You may not transmit any chain letters or junk email to other registered members. In order to protect our registered members from such advertising or solicitation, Ideal Web Technologies reserves the right to restrict the number of emails which a registered member may send to other registered members in any set time period to a number which Ideal Web Technologies deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through any Ideal Web Technologies Product, you acknowledge that you will have caused substantial harm to Ideal Web Technologies, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Ideal Web Technologies $50 for each such unsolicited email or other unauthorized commercial communication you send through any of our services;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of any of our services;
  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Ideal Web Technologies website or the networks or services connected to any Ideal Web Technologies Product;
  • impersonating or attempting to impersonate another registered member, person or entity;
  • using the account, username, or password of another registered member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your account;
  • using any information obtained from any Ideal Web Technologies Product in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of any Ideal Web Technologies Product on behalf of that person; or
  • using any Ideal Web Technologies service in a manner inconsistent with any and all applicable laws and regulations.

Copyrights and Other Intellectual Property

Ideal Web Technologies respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Ideal Web Technologies has the right to terminate the allowed use of any of our services for those infringers.

If you believe your work has been copied and posted on or through any of our services in a way that constitutes copyright infringement, please contact us via the "Contact Us" form at http://www.idealwebtech.com/contact.html with all of the following information:
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works
  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement)
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
  • your physical or electronic signature

Disclaimers

Ideal Web Technologies is not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the user content posted on or through any of our services, whether caused by users of our services or by any of the equipment or programming associated with or utilized in our services and such user content does not necessarily reflect the opinions or policies of Ideal Web Technologies. Content posted by others to our website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our services does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We takes no responsibility for third party advertisements or third party content that is posted on or through our services, nor does it take any responsibility for the goods or services provided by its advertisers. Ideal Web Technologies is not responsible for the conduct, whether online or offline, of any user of our services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of our services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with our services. Under no circumstances shall Ideal Web Technologies be responsible for any loss or damage, including personal injury or death, resulting from use of our services, from any user content posted on or through any of our services, or from the conduct of any users of our services, whether online or offline. Our services are provided "AS-IS" and as available and Ideal Web Technologies expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ideal Web Technologies cannot guarantee and does not promise any specific results from use of our services.

Limitation on Liability

IN NO EVENT SHALL IDEAL WEB TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ANY OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IDEAL WEB TECHNOLOGIES FOR OUR SERVICES.

U.S. Export Controls

Software and/or any content available in connection with our services is further subject to United States export controls. No Software and/or content may be downloaded via any of Ideal Web Technologies' services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software and/or content is at your sole risk.

Legal Disputes

These terms shall be governed by, and construed in accordance with, the laws of the State of Missouri, without regard to its conflict of law provisions. You and Ideal Web Technologies agree to submit to the exclusive jurisdiction of the courts located within the State of Missouri to resolve any dispute arising out of these terms or the use of our services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO AN AGREEMENT.

Indemnity

You agree to indemnify and hold Ideal Web Technologies, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services in violation of these terms and/or arising from a breach of this Terms of Service and/or any breach of your representations and warranties set forth in these terms and/or if any content that you post on or through any of our services causes us to be liable to another.

Other

These terms are accepted upon your use of the Ideal Web Technologies website or any other Ideal Web Technologies services and is further affirmed by you registering and/or activating an account. These terms constitute the entire agreement between you and Ideal Web Technologies regarding the use of our services. The failure of Ideal Web Technologies to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from these terms of service and does not affect the validity and enforceability of any remaining provisions. Please contact Ideal Web Technologies via the "Contact Us" form at http://www.idealwebtech.com/contact.html with any questions regarding this Agreement..
Copyright © 2010-2013 Ideal Web Technologies