InstantAppz ("InstantAppz," "we," "us" or "our"), through our website www.instantappz.com ("Website"),
provides hosting and application services to its visitors, subject to the following terms and conditions
concerning the use of the Website ("Terms & Conditions"). The Terms & Conditions, together with the
Service Level Agreement, Acceptable Use Policy, and any other documents referenced herein, as well as
any amendments thereto (collectively, this "Agreement"), is made between InstantAppz and the person
or entity (collectively "you" or "your") that executes and delivers a Service Order ("Service Order") for the
provision of services set forth on the Service Order ("Services").
BY CLICKING THE "CREATE ACCOUNT" BUTTON, EXECUTING AND DELIVERING THE SERVICE ORDER, SIGNING AN AGREEMENT AND/OR ACCESSING OR USING ANY OF OUR SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
Further, when you use the Website, you accept the Terms & Conditions; if you do not agree to the Terms & Conditions you may not use any of InstantAppz products and services. InstantAppz reserves the right to modify content on the Website and these Terms & Conditions periodically without prior notice.
1. Use of Website Products and Services
Your use of the Website and our services are provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to obtain any of the services offered by the Website, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely accountable for all content on your account. You agree to immediately notify us of any unauthorized use of your account or any other compromise of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure. InstantAppz will provide you an account on one or more of its virtual private servers, provided that you comply with the terms and conditions set forth in this Agreement. InstantAppz reserves the right in its sole discretion to modify the network and facilities used in connection with the Services, including, but not limited to, accommodating evolving technology and increased network demand.
2. Acceptable Behavior
All services provided by InstantAppz may only be used for lawful purposes and are expressly subject to the Acceptable Use Policy. You agree that you are solely accountable for maintaining your own account. You understand clearly that all digital information, including but not limited to software, pictures, data, text, music, sound, graphics, video, messages, files, attachments or other materials (‘Content’), are the sole responsibility of the account from which such Content originated. InstantAppz reserves the right, but does not assume the responsibility, to monitor or review any Content on the services offered. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using our services and for any consequences thereof. You agree to use our services only for purposes that are legal, proper and in accordance with the Terms & Conditions and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts InstantAppz services or servers or networks connected to InstantAppz services.
You agree to indemnify and hold harmless InstantAppz and its affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including attorneys and court fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable laws or these Terms & Conditions.
4. Disclaimer of Warranties
WITHOUT LIMITING THE GENERALTIY OF THE FOREGOING, YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. INSTANTAPPZ DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW INSTANTAPPZ DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ OR "AS AVAILABLE" BASIS.
5. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF INSTANTAPPZ AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY YOU FOR THREE MONTHS OF SERVICE.
6. Cancellation and (or) Suspension
InstantAppz may cancel or suspend your account at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will cease immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you, on a pro-rata basis, the amount of your payment corresponding to the unused portion of your service as of the date of termination.
7. Payments & Refund Policy
Fees are payable in advance on the first day of each billing cycle. The billing cycle shall be monthly, beginning on the service commencement date, which is typically on the day when the full registration happens. You are responsible for providing InstantAppz with changes to billing information (such as credit card number, credit card expiration, change in billing address, etc.). We may suspend the service without notice if payment for the service is overdue. You agree to pay InstantAppz a reasonable reinstatement fee following a suspension of service for non-payment, and to pay InstantAppz‘s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs. All credit card and billing information is transmitted using SSL encryption to secure backend servers; and full credit card details are not stored by InstantAppz.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
To submit a cancellation request, please submit a support ticket from your control panel. When you request cancellation, we will first contact you to confirm the cancellation and verify that you are the authorized user of your account; Upon receiving confirmation, we will immediately suspend billing and cancel the server. We are not able to provide pre-scheduled cancellations. Further, in the event of midmonth or mid-period cancellations, InstantAppz will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.
From time to time, it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power, bandwidth, etc.) incurred by InstantAppz in providing the Services. Such adjustments may be made without prior notice and will be reflected on the statement or invoice provided to you for the Services, which you agree to pay,as adjusted.
8. Overage Fees
"Overages" are defined as usage of the Services provided by InstantAppz in excess of the amount allocated to you pursuant to the plan to which you have subscribed . Overage Fees are charged for bandwidth and customization services used in excess of the amount allocated to your account. You agree to pay the current charges for the InstantAppz Services and any applicable bandwidth overage fees, upon receipt of an invoice. Current overage rates are published on our knowledgebase at http://kb.instantappz.com/InstantAppz/Bandwidth-Overage-Charges.
9. Zero Tolerance Policy for Unsolicited E-mail/Black Listing
InstantAppz has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the "Act".) The Act states that commercial e-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every e-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every e-mail message sent contain the physical contact information of the sender, that every recipient of such e-mail messages has requested to receive such emails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
Zero Tolerance for Black Listing: InstantAppz has a Zero Tolerance policy regarding "Black Listing" and any attempt to send unsolicited e-mail messages or other forms of spam e-mail (including "Spamvertising" other websites, services or products) is a violation of this Agreement. For purposes of this Agreement, "Black Listing" shall be defined as a third party: (i) determining that an IP address issued by InstantAppz is a frequent source of unsolicited e-mail; and/or (ii) taking any action that results in the IP address (or multiple IP addresses in the same "IP range") being unable to send e-mail to certain third parties. If an IP address assigned to you is found to be Black Listed, InstantAppz reserves the right to discontinue your Services immediately, with or without warning.
Furthermore, InstantAppz will levy a Black Listing processing fee of four hundred dollars ($400.00) for the first instance of IP Black Listing and six hundred dollars ($600.00) for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the unsolicited e-mail policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to InstantAppz, and you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one (1) year after this Agreement is terminated.
10. Back Up Service
At all times, you bear full risk of loss of any content and software you place on the InstantAppz servers. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts and omissions, as well as any and all charges incurred, through use of your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
InstantAppz does not undertake any obligation to provide management or security services, unless you specifically request us, and we agree, to do so. If any technology specifically associated with your account requires updating, you must make a request for such update through our ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; and (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on our servers. InstantAppz shall have no liability to you or any other person for loss, damage or destruction of any of your content.
11. Uncontrollable Event
InstantAppz shall not be in default of any obligation under these Terms & Conditions if the failure to perform the obligation is due to any event beyond our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
12. General Information
These Terms & Conditions constitute the entire agreement between you and InstantAppz and govern your use of the Website and the products and services, superseding any prior agreements between you and InstantAppz. The failure of InstantAppz to enforce or exercise any right or provision of the Terms & Conditions shall not constitute a waiver of such provision or right. These Terms & Conditions do not limit any rights that we may have under trade secret, copyright, patent or other laws. Our employees or representatives are not authorized to make modifications to the Terms& Conditions, or to make any additional representations, commitments, or warranties binding on InstantAppz, except in writing signed by an authorized officer of InstantAppz. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, our products or services, or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms & Conditions shall not be construed against the drafting party, i.e., InstantAppz.
Last Updated: February 3, 2012