Terms of Service -- IMPORTANT! THESE TERMS OF SERVICE GOVERN THE USE OF IDOTMIND LLC's (REFERRED TO AS "IDOTMIND" OR "WE") WEB, EMAIL, AND APPLICATION HOSTING SERVICES, WEB SITES, MATERIALS, SOFTWARE, AND OTHER CONSULTING SERVICES BY IDOTMIND'S CUSTOMERS (ALSO KNOWN AS "CLIENTS") AND THE CUSTOMER'S EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "CUSTOMER"). BY USING THE WEB SITES, MATERIALS, SOFTWARE, AND SERVICES, CUSTOMER AGREES TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS OF SERVICE. IDOTMIND RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. CUSTOMER'S USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES CUSTOMER'S ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
ORDER ACEPTANCE POLICY Customers receipt of an electronic or other form of order confirmation does not signify our acceptance of Customers order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, in our sole discretion, without prior notification, to accept or decline Customers order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
ACCEPTANCE OF CONTRACTUAL AGREEMENT 1. Customer agrees that by placing an order either by means of electronic ordering (web Order Form) or submitting a written contract, and receipt of such order by iDotMind, or by using any of iDotMind resources or services that you are agreeing to these Terms of Service ("TOS"), our Consulting Agreement ("CA"), Acceptable Use Policy ("AUP"), and our Service Level Agreement ("SLA"). No modifications of these documents by customer are allowed. 2. iDotMind will provide, and Customer will purchase and pay for, the services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges and is aware of our AUP, SLA, and CA. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customers actual bandwidth or disk usage in any month exceeds the allotted amount, as specified in the applicable hosting plan that Customer subscribes to, then Customer will pay iDotMind any additional fees as specified in the Service Description. If Customer does not pay, iDotMind will suspend Customers account until payment is received.
PRICE AND PAYMENT TERMS For Services ordered through Order Forms, the initial rates and fees for such Services will be listed on the Order Forms. In the event that Customer places an order for Services from iDotMind using a method acceptable to iDotMind other than an Order Form, including the Customer Help Website, Online Store, and/or telephone, the initial rates and fees for such Services will be iDotMinds then- current list price for such Services. The rates and fees for Services ordered by Customer on a Order Form or Online/Phone Order will remain in effect for one year from the date of the Order. Thereafter, rates and fees will be subject to change, at iDotMinds reasonable discretion, upon thirty (30) days prior written notice. Notwithstanding the foregoing, there are no restrictions on iDotMinds right to modify its rates and fees for Services as to Orders not in effect prior to such changes. Establishment of this service is contingent upon receipt of payment from Customer to iDotMind. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non- payment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. If Customer charges back any payments made on Customers credit card and the charge backs are later reversed because they were unsubstantiated, then Customer will pay a $50 fee to iDotMind per unsubstantiated charge back.
DELINQUENT ACCOUNTS iDotMind may temporarily deny service or terminate all services to Customer upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any future contracted fees due. If Customer defaults, the Customer agrees to pay iDotMind its reasonable expenses incurred in enforcing its rights under these Terms of Service, including attorney and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.
ACCEPTANCE OF TERMS iDotMind makes available for Customers use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by iDotMind (collectively, the "Services"), subject to the Terms of Service set forth in this document ("Terms of Service"). By accessing or using this Site or Services, which includes Customers access to or use of any of the Services/Materials, you agree to these Terms of Service. iDotMind reserves the right to change the Terms of Service from time to time at its sole discretion. Customers use of the Site or Services will be subject to the most current version of the Terms of Service posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, Customer shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms or Service in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. If you breach any of the Terms of Service, Customers authorization to use this Site or iDotMind Services and Materials automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site, or any other Materials provided to You and owned by iDotMind.
TERM/ACCOUNT CANCELLATION Customer explicitly agrees that while Customer has an active contract or with iDotMind, Customer may not terminate its contract. Unless otherwise agreed to by the parties in writing, for each Service, the initial Service Term for such Service shall be one (1) year, commencing on the date referred to as the "Activation Date" or "Order Form Effective Date" for Services ordered on Order Forms, and commencing on the date Services are made available for Customers use for Services ordered via Online/Phone Orders or for Services ordered via Order Forms where the Activation Date is not stipulated. Unless otherwise agreed to by the parties in writing, for each Service, the Service Term for such Service will renew automatically for additional terms of one (1) year each, unless either party notifies the other party at least forty-five (45) days prior to the end of the then- current Service Term for such Service that it has elected to terminate the Service Term for such Service, in which event the Service Term for such Service will terminate at the end of such then- current Service Term. All amounts due on account must be paid prior to the cancellation date in order for the cancellation to be effective.
ASSIGNMENT iDotMind may assign, delegate or transfer its rights and obligations to Customer to any person or entity, and in the event of any such assignment, transfer or delegation, and the assumption by the transferee of the obligations of iDotMind, iDotMind will be released from any further liability or obligation under this Agreement. Customer may assign this Agreement without iDotMinds consent only where the party to whom this Agreement is assigned by Customer has a net worth at least equal to that of Customers net worth and such party is either an Affiliate of Customer, or is acquiring all or substantially all of Customers business or assets, including through merger. This Agreement will be binding upon and inure to the benefit of all successors and permitted assigns of iDotMind and Customer, who will be bound by all of the obligations of their predecessors or assignors.
LEGAL ACTION iDotMind reserves the right to deny service to any entity threatening or involved in legal action against iDotMind or any partner or subsidiary thereof.
REFUNDS AND DISPUTES All payments to iDotMind are non-refundable regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to Customers credit card issuer, also known as chargebacks, under the Terms of Service of our SLA, AUP, and CA, will result in service interruption, as well as reconnection fees of $50 to restore the desired service. Service will be restored after a chargeback solely at the iDotMinds discretion.
ACCEPTABLE USE Customer may not take any action that violates iDotMinds AUP. The most recent copy of iDotMinds AUP can always be found on the iDotMind Site. Customer is responsible for periodically checking the AUP and ensuring that they stay in compliance.
PRIVACY POLICY iDotMind collects, stores and uses data obtained from Customer in accordance with our Privacy Policy. The most recent copy of iDotMinds Privacy Policy can always be found on the iDotMind Site.
LIMITED LICENSE Use of certain iDotMind services grants a limited license to use various software products. The limited license allows Customer to make use of such software, up to the limits of Customers service, for as long as Customers service is current and up to date. Upon termination of Customers service Customers right to use such software is also terminated and any license keys, serial codes etc. should be returned to iDotMind and no longer used. The limited license grants rights to use such software on iDotMind equipment only and the license cannot be used on any other equipment.
USE AND PROTECTION OF USERNAME AND PASSWORD Customer is responsible for maintaining the confidentiality of Customers username and/or password, if applicable. Customer is responsible for all uses of Customers account, whether or not actually or expressly authorized by You.
WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN CUSTOMER AND IDOTMIND, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IDOTMIND MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET CUSTOMERS REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET CUSTOMERS EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. IDOTMIND MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND IDOTMIND MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. IDOTMIND ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL IDOTMIND OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT IDOTMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT CUSTOMERS OWN DISCRETION AND RISK AND WITH CUSTOMERS AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDOTMIND OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF IDOTMIND. IDOTMIND MAKES NO REPRESENTATINS WHATSOEVER ABOUT ANY OTHER WEB SITE TO WHICH YOU MAY HAVE ACCESS THROUGH THIS SITE. WHEN CUSTOMER ACCESSES A NON-IDOTMIND WEB SITE, THEY DO SO AT CUSTOMERS OWN RISK AND IDOTMIND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, DATA, OPINIONS, ADVICE, OR STATEMENTS MADE ON THESE SITES OR FOR THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON SUCH SITES. IDOTMIND PROVIDES THESE LINKS MERELY AS A CONVENIENCE AND THE INCLUSION OF SUCH LINKS DOES NOT IMPLY THAT IDOTMIND ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR USES OF SUCH WEB SITES. THIS SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO IDOTMIND PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED OR MAY NOT BE OFFERED OR SUPPORTED IN CUSTOMERS COUNTRY. THESE REFERENCES DO NOT IMPLY THAT IDOTMIND INTENDS TO ANNOUNCE OR OFFER SUCH PRODUCTS, SERVICES OR PROGRAMS IN CUSTOMERS COUNTRY.
ENTIRE AGREEMENT; AMENDMENTS These Terms of Service, together with the Consulting Agreement, Acceptable Use Policy, Service Level Agreement, and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms of Service, together with the Consulting Agreement, Acceptable Use Policy, Service Level Agreement, and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby. iDotMind LLC reserves the right to change this policy at any time without notice.
TERMS OF SERVICE RELATED CONCERNS Should you have questions or concerns relating to these Terms and Conditions, please send e-mail to: Email help@idotmind.com