Innovign Terms of Service Agreement
Innovign Service Terms of Use Agreement
This Service Terms of Use Agreement (the “Agreement”) is made and entered into by and between Innovign (“Innovign”) (a Fictitious Name registered under the Back Seat Rider Entertainment Co. in the State of Florida with a place of business located at 10822 Magnolia St. Riverview, FL 33569) and You (the “User”).
This Agreement is executed by the parties on the current day of this New Member Registration (logged inside an Innovign database and supported with e-mail notifications to both Innovign and the User. As used herein, the term “party” means either of Innovign or the User and “parties” means both Innovign and the User.
Innovign Services.
Innovign will provide the User with the services listed below, known collectively as the “Innovign Services.”
- One (1) Domain Package.
- One (1) Hosting Package.
- One (1) Website Management Package.
These Services will allow the User to create and maintain a website (the “Website”) that includes the front-end, which everyday visitors will see, and the back-end, which includes the content management system (also known as the Control Panel) that allows the User to edit the front-end of the Website.
Domain Package.
The User will receive one free domain registered with Godaddy.com without private registration, maintained by Innovign, for use with the Website. The User will own the domain and Innovign will act only as the domain manager and technical contact.
The information given by the User to Innovign inside the New Client Registration Form will be used as the Domain Registrant Information. The user can request changes, transfer, or deletion to the domain by e-mail, using the e-mail address provided on the New Client Registration Form.
Innovign is not responsible for any requested changes to the domain.
If the User does not require a registered domain, name servers will be given to the User for the User to point the DNS servers at the location of the Website.
Hosting Package.
The User will receive a hosting account with the following technical details:
- 20 Gbyte of SATAII Disk Space (approximately 10,000 images)
- 20 Gbyte of public bandwidth Monthly (approximately 200 daily unique visitors)
- 20 E-mail Addresses and Webmail Accounts (1Gbyte disk space each) (the “E-mail Services”)
- 40 Mbyte Ram FB-DIMM Registered 533/667
If the needs of the User exceed the above allocations, the User will be required to purchase additional hosting. The rates for additional services are described below.
Innovign does not guarantee the Website and E-mail Services on the Hosting Package will remain operational to the User or any visitor. The Website and E-mail Services may receive minimal to substantial down time due to a variety of factors that may include, but are not limited to, line, maintenance, broken or conflicting program code, natural events, or any other factors.
Innovign is not responsible for any downtime of the Website or E-mail Services caused by any factor. In the event of downtime, Innovign will attempt to notify the User either before or during the downtime, but is not required to give such notification.
Website Management Package.
The User will receive access to a password-protected Control Panel (the “Control Panel”) that allows the User to update a website on the Hosting Package of the User. The Control Panel provides the User with the following capabilities:
- Add, edit, and delete unlimited pages to the Website.
- Add Real Estate Listings to the Website with a maximum of 20 pictures per listing
- Change various colors, fonts, borders on the Website
- Add ready-made forms to pages on the Website
- Upload and display photos on the Website
- Change the navigation and various links on the Website
- Create a slideshow of a maximum of 5 pictures to be displayed on the Website
- Maintain an integrated Wordpress Blog
- Add, edit, and delete Agents, Offices, and Open Houses to the Website
- Add, edit, and delete new leads in a lead management system on the Website
- Participate in a commission/affiliate program whereby the User can receive commissions for referrals
- View statistics information through Google Analytics
- Update the Account Information of the User
In addition to the Control Panel, the User will also receive the following items with the Website Management Package:
- 1 Hour of design or program code customization by Innovign
- E-mail and Phone Support
Article Content.
Innovign may provide the User with various buyer and seller articles, packaged with the Website, from ezinearticles.com. These articles may be deleted from the Website but none of these articles may be edited.
As the User takes control of the Website through the Control Panel, the User becomes the publisher of these articles and must adhere to the terms of service that apply to these articles. The Publisher Terms of Service can be found at ezinearticles.com.
SEO Rankings and Positioning.
Innovign may provide techniques and code to increase popularity of the Website in search engines, but it does not guarentee any position or popularity in any search engine.
Subscription and Payment.
In compensation for the Innovign Services, the User agrees to pay the monthly fee of $29.95 and a setup fee of $0.00 after an optional 30 day trial period, with payment made through an automatic subscription payment made through PayPal.com.
Ownership of Website Content.
The User has ownership rights to all page or listing content that is created or added manually by the User in the Control Panel (the “User Content”). The User Content does not include anything that was included in the initial Website.
Any content or program code that the User has not created or added manually is protected by copyright, either by Innovign or other third parties, and may not be used for any other purpose other than for use with the Innovign Services.
Cancellation.
Both parties reserve the right to cancel the Innovign Services at any time. In the event of a cancellation of the Innovign Services, either by the User or Innovign, the User is not entitled to any refund for setup fees, previous monthly charges, or for the remaining period of the month that the Innovign Services have been paid for.
In the event the subscription is cancelled by the User after the first payment has been received, the User will have seven (7) days to re-purchase the subscription and will be required to pay a $25.00 reinstatement fee within the (7) days through PayPal, check, or money order.
In the event of a cancellation of the Innovign Services, either by the User or Innovign, after the first payment has been received, the User has seven (7) days to copy any User Content or E-mails before the Website and E-mail Accounts are terminated. In the event of a cancellation of the Innovign Services before a payment has been received, either by the User or Innovign, Innovign is not required to give any time to copy any content before the Innovign Services are terminated.
In both cases, whereas a payment has or has not been received previously, the User domain will be set to non-renewal and unlocked. The User has the right to transfer the domain at any time, but Innovign will not be responsible if the User lets the domain expire before transferring. Innovign is not required to give any notification of when the User domain will expire. Innovign may be available for assistance in transferring the domain, in which case, standard rates below will apply.
Warranties and Liability.
The User agrees that any User Content of the Website or use of the E-mail Services or any use of the Innovign Services will not contain anything leading to an abusive or unethical use of the Innovign Services. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, copyright infringement, and any infringement of privacy.
The User hereby agrees to indemnify and hold harmless Innovign from any claim resulting from the User Content or use of the E-mail Services or any use of the Innovign Services.
Innovign does not warrant the functions of the site will meet the User’s expectations of operation, performance, site traffic, search engine positioning, resulting business or that the operation of the Website will be uninterrupted and/or error-free. Innovign is not to be held responsible for downtime of email or website due to interruptions from line, maintenance, program code, natural causes, and/or any other causes.
Indemnification.
The User agrees that it shall defend, indemnify, save and hold Innovign harmless form any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Innovign Services. The includes Liabilities asserted against Innovign, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Innovign, its agents, employee or assigns.
Litigation.
Any disputes arising from this Agreement will be litigated or arbitrated in Hillsborough County, Florida. This Agreement shall be governed and construed in accordance with the laws of the State of Florida.
Modification.
Innovign may modify this Agreement from time to time and such modification shall be effective upon posting by Innovign on the Innovign Website and the Control Panel Section of the Website of the User. You agree to be bound to any changes to this Agreement when you use the Innovign Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Term.
This Agreement shall remain in full force and effect while you use the Innovign Services.
Additional Services.
The following is a list of additional services that Innovign may offer to the User:
- Standard Design/Program Code Customization - $50.00/hr
- Additional E-mail Addresses - $2.00/mo each
- Additional Disk Space - $5.00/mo per 20 Gbyte
- Additional Bandwidth - $5.00/mo per 20 Gbyte
In the event monthly additional services are needed, the User will be required to add an additional subscription in the amount of the additional services needed. The subscription purchase link will be provided by Innovign.
Binding Terms.
This Agreement sets forth the legally binding terms for your use of the Innovign Services. By using the Innovign Services, you agree to be bound by this Agreement. Please read this agreement carefully and save it.