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The terms set forth below (the "Terms of Service" or "Agreement") govern your use of IndieMade (the "Service"). By using or operating the Service, you expressly agree to be bound by this Agreement and to follow all its terms and any applicable laws and regulations governing the Service. If you do not agree with any of the following terms, your sole recourse is not to use the Service.
"IndieMade LLC", "IndieMade" or other variations of "the Company", "We", "Us" and "Our" refer specifically and exclusively to IndieMade LLC, an Illinois Limited Liability Corporation, with its principal place of business at 1555 Sherman Ave., #334, Evanston, IL USA. "User," "End-user," or "Customer" means the person or organization who ordered IndieMade's services and includes other users authorized on the Customer's account and employees, contractors and volunteers using the Customer's hosting services. "Hosting services" refers to any of the Internet hosting services marketed and provided by IndieMade unless other meaning is expressly specified in text. "Internet" means the collection of routers, servers, websites and service providers which constitute the public Internet beyond IndieMade's internal network services and hosting platform. "Agreement" or "TOS" or "Terms of Service" means this Terms of Service document unless otherwise expressly specified. "Content" means information such as but not limited to data, text, software, music, sound, photographs, graphics, video, messages and similar material materials. When gender specific pronouns are used, the same terms of service applies equally to the other gender or business entity - likewise uses of the plural refer equally to the singular and vice versa.
Terms of Service subject to changes.
IndieMade shall have the right to modify these terms at any time, which modification shall be effective immediately upon posting to http://www.indiemade.com/book/policies/terms-service, without notifications. Accordingly, we encourage you to periodically review these terms. To make your review more convenient, the effective date is posted at the bottom of the page.
Email is primary communication means.
IndieMade uses email as the primary means to communicate with you. Email is used for sending invoices, statements, service interruption notices, changes in services or policy and invitations to IndieMade' sponsored events. The Customer agrees to regularly check their listed email address or ensure that IndieMade has a valid, active contact email address to contact the customer. Additionally, the Customer is responsible for informing IndieMade of any changes in billing address or billing contact person.
The Customers is entirely responsible for the security and integrity of and and all account passwords assigned for Internet services. If you feel your password(s) has been compromised, you may change most passwords online using IndieMade's designated support procedure and built in password change tool. The customer is responsible for changing passwords on their end-user equipment if required.
USE OF SERVICE
IndieMade aims to provide quality services for all Customers and allow you to use your account for any legal Internet activity not disallowed in this Agreement. To ensure quality service, all Customers are required to abide by the policies set forth in this Agreement. Violations of the this Agreement may result in suspension or termination of service at the sole discretion of IndieMade.
Use of the Service
You understand and acknowledge that the Service is made available to you "AS IS" and "AS AVAILABLE". IndieMade reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time, or from time to time, with or without notice to you. The content and software providing the Service is the property of IndieMade and/or its licensors and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
You Will Not
You agree that you will not:
- Interfere or attempt to interfere with the proper working of the Service, the IndieMade servers or any activity being conducted on the IndieMade servers.
- Collect personally identifying information about other IndieMade customers or use information obtained from or through the Service for the purpose of direct marketing, spamming, or unsolicited contacting of other IndieMade customers, or other impermissible activities, including, without limitation, activities that violate anti-spamming laws and regulations.
- Use any software or intellectual property for which you do not have an appropriate license.
- Use the Service to promote, facilitate or permit gambling.
- Post, transmit, facilitate, or link to (i) content that IndieMade determines constitutes pornography, sexually explicit, or adult in nature or (ii) illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
- Advocate or facilitate activities that (i) contain threats or incite violence towards individuals or entities, (ii) are harmful to any person or entity or (iii) are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
- Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of IndieMade or its affiliates for any purpose, including, without limitation, phishing or pharming.
- Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
- Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
- Violate, misappropriate, or infringe the rights of any third party.
- Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.
User Contributions and Privacy
There are many opportunities within the Service for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to IndieMade (collectively “Information”). IndieMade shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with IndieMade as needed to obtain such protection as IndieMade may desire and you agree to assign your rights in such Information to IndieMade. Furthermore, IndieMade may share aggregate (not personally identifiable) Information with its business partners or other third parties. IndieMade will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
No Support Obligations
This Agreement does not commit IndieMade to any support obligations to you in connection with the Service. Such obligations, if any, will be specified in a separate agreement between you and IndieMade.
Please note that the services provided as part of this Service are experimental in nature, and IndieMade does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. INDIEMADE ITS OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. Some states do not allow the exclusion of some warranties, so the above exclusions may not apply to you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL INDIEMADE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT INDIEMADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL INDIEMADE BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against IndieMade and its officers, directors, employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code s. 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Violations of Terms
In addition to any legal remedies that IndieMade may have for your violation of the terms of this Agreement, IndieMade shall also have the right in its sole discretion to suspend or terminate your access to the Service.
Compliance with Laws
You agree while using the Service to comply with all applicable laws and regulations. If you operate a commercial Web site or an online service directed to children under the age of 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act (“COPPA”).
Either party may terminate this Agreement at any time, with or without cause, upon notice to the other party.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify IndieMade, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, IndieMade will provide you with written notice of such claim, suit or action.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without IndieMade’s prior written consent. Any such purported assignment or delegation by you without IndieMade’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by IndieMade at its sole and absolute discretion.
Relationship of the Parties
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. IndieMade’s failure to act with respect to a breach by you or others does not waive IndieMade’s right to act with respect to subsequent or similar breaches. The failure of IndieMade to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws in the State of Illinois without regard to its provisions on the conflict of laws. This Agreement constitutes the entire agreement between IndieMade and you with respect to the subject matter hereof.
Access and Availability of Network Services
IndieMade cannot guarantee access to your website from any address on the Internet. The Internet is a decentralized system of networks and IndieMade is in no way responsible for ensuring the access or performance of any Internet website or service, at any time. Parts of the Internet may be disabled, interrupted or closed without reason or notice. No web site development services, training, or any other Internet content subscriptions, memberships, discounts, promotions or other such premiums are included or implied with any of IndieMade's services.
IndieMade makes best efforts to maintain a stable and robust network architecture and will attempt to notify Customers of planned maintenance network interruptions; however IndieMade accounts do not have guaranteed uptime. Service interruptions many occur at any time whether intentionally for maintenance or upgrade or unintentionally due to network error, outage, equipment failure or event.
Limits of Claim
Any claim for damages by a Customer due to service interruption, displeasure with service, inability to connect, or any other objective or subjective reason, is limited to a pro-rated payment refund for the disputed period paid within 45 days of agreement of resolution of claim. The Customer acknowledges that they cannot claim for lost income, punitive damages, or any additional civil claims due to service interruption, loss of use, or lack of satisfaction with IndieMade's services.
The Customer understands and accepts that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Customer, and not IndieMade, is entirely responsible for all Content that uploaded, posted or otherwise transmitted via the IndieMade Hosting Services. IndieMade does not control the Content posted on the IndieMade Hosted Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Special Admonitions for International
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
IndieMade does not provide software licenses for user applications. Users are responsible for all software licenses, fees, membership for using Internet services in conjunction with IndieMade services.
BILLING AND PAYMENT FOR SERVICES
IndieMade will invoice the Customer for services starting from the day on which services start, minus 30 days for trial period. Invoices and Statements are sent by email to the address specified as the billing contact address on the Customer's contact information form provided by the Customer.
Chargebacks/ Disputed Charges
IndieMade strives for accuracy and efficiency when billing for services, however from time to time in the normal course of business, errors, omissions or other inaccuracies may occur. IndieMade's liability is limited to crediting the Customer's account a pro-rated amount for the disputed charge - the Customer shall have no additional claim for losses, fees, hardship or other damages.
Dispute Resolution Policy
In the event of a disputed charge or concern, question, or other related billing issue, the Customer can contact IndieMade billing support department stating disputed charge and reasons for dispute and await IndieMade's reply to resolve the situation within 10 business days.
Technical Support and Problem Resolution
IndieMade provides technical support to ensure customers are able to access their account. IndieMade is not responsible for the Customer's configuration beyond supplying standard settings and necessary information to access Customer's account. In the event that the Customer cannot access hosting services for technical reasons, IndieMade's liability is limited to crediting the Customer's account pro-rated amount for the period of non-connection whether the technical reason was fault of Customer, IndieMade or unknown.
This Agreement is entered into voluntarily by both IndieMade and the Customer. This Agreement does not include or imply any contractual term or time limit and may be severed by either party with written (email or postal mail) cancellation notice. Such notice will include last day of service and arrangements to balance account charges. IndieMade retains the right to bill the Customer for remaining charges due at time of account cancellation.
Scope and Governance
This Agreement applies to all IndieMade Customers, including Customers of downstream providers and resellers as applicable. IndieMade reserves the right to modify this Agreement without prior notice, and at any time. IndieMade may attempt to notify customers if this Agreement changes; however, all policies remain applicable regardless of whether any such notification is provided. Use of IndieMade's networks and/or services constitutes unconditional agreement to the terms of this Agreement, and by such use you agree to indemnify and hold harmless IndieMade from any and all costs or damages you may incur consequent to IndieMade's enforcement - or lack thereof - of this Agreement. IndieMade further reserves the right to refuse access and/or service to anyone, at any time, for any reason.
If you have questions about these Terms of Service, please contact us by email at firstname.lastname@example.org.
Effective date: August 6, 2010