Imageway Multimedia - Digital Marketing Company
Imageway Multimedia
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE
Imageway reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers Any changes or modification will be effective upon posting of the revisions on the Imageway Web site (the “Site”) Your continued use of Services following Imageway ‘s posting of any changes or modifications will constitute your acceptance of such changes or modifications
1 TERM AND PAYMENT FOR SERVICES This Agreement shall be for an “Initial Term” as chosen by you in the Order Form located on this Site at the time you register for the Services This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Imageway with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term If a credit card is used as the form of payment on the Order Form, this credit card will be automatically billed at the selected billing cycle as selected on the order form until either the account is terminated or the credit card expires To terminate your account, send an email to “admin@imageway com” from the email account used to register the account during the initial order form sign-up expressing your willingness to terminate your account
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Imageway will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Imageway’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement Your termination request or notice must be submitted to Imageway in the manner described in Section 1 1 Imageway may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination If Imageway terminates this Agreement, Imageway will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement
1 3 Default and Cure In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement
You agree to pay for all charges attributable to your use of the Services at the then current Imageway prices, which shall be exclusive of any applicable taxes You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Imageway’s net income
1 5 Payment All charges for Services must be paid in advance according to the then current prices applicable to the Services Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Imageway to charge your credit or debit card to pay for any charges that may apply to your account You must notify Imageway of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Imageway from charging your account Imageway may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services You agree to pay to Imageway the amount indicated in each invoice by the due date reflected on that invoice If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1 5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Imageway In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Imageway may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Imageway may, delete any and all content from the Imageway Servers Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees
2 USE OF SERVICES 2 1 Applicable Use Policy The Imageway Acceptable Use Policy (the “Usage Policy”) govern the general policies and procedures for use of the Services The Usage Policy is posted on Imageway’s Web site (or such other location as Imageway may specify) and may be updated from time-to-time YOU SHOULD CAREFULLY READ THE USAGE POLICY BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS Imageway RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT
2 2 Material and Product Requirements Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on Imageway’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by Imageway Imageway will make no effort to validate any of this information for content, correctness or usability If your material is not “server-ready”, Imageway has the option at any time to reject this material Imageway will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Imageway Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software This level of knowledge varies depending on the anticipated use and desired content of your Web site You must have the necessary knowledge to create and maintain a Web site It is not Imageway ‘s responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Imageway
2 3 Bandwidth and Storage Usage You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges
3 1 Investigation of Violations Imageway may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties Imageway will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process
Imageway reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party’s rights or potentially in violation of any laws If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Imageway may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Imageway ‘s systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Imageway which, in Imageway ‘s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Imageway to civil or criminal liability or public ridicule It is Imageway ‘s policy to terminate repeat infringers Imageway’s right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services If Imageway takes corrective action due to such possible violation, Imageway shall not be obligated to refund to you any fees paid in advance of such corrective action
To comply with applicable laws and lawful governmental requests, to protect Imageway ‘s systems and customers, or to ensure the integrity and operation of Imageway ‘s business and systems, Imageway may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i e , name, e-mail address, etc ), IP addressing and traffic information, usage history, and content residing on Imageway’s servers and systems Imageway also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties
4 INTELLECTUAL PROPERTY RIGHTS 4 1 Your License Grant to Imageway You hereby grant to Imageway a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement You expressly (a) grant to Imageway a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights
4 2 Imageway Materials and Intellectual Property All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Imageway or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Imageway to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Imageway or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Imageway during the term of this Agreement Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement
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