PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
IGD Technologies offers a variety of services to customers that range from hosting and website services including dedicated hosting, WordPress hosting, email, cloud services, and domain registration services among others. These services are collectively referred to as “Services.”
By using IGD Technologies’ Services, the customer agrees to these Terms of Service. If a customer does not accept these Terms of Services, the customer must not use IGD Technologies’s Services in any way.
These Terms form a binding legal agreement between IGD Technologies and any person or organization who purchases, accesses, or uses IGD Technologies’ Services. The customer represents, warrants, and agrees that (a) The customer has the full power and authority to enter into and perform under these Terms, or (b) if the customer is using these Services on behalf of an organization, entity, or group, that the customer is authorized to accept these Terms.
Financial Arrangements
The customer agrees that all charges and fees associated with an account are their sole responsibility.
IGD Technologies will automatically renew Services when they come up for renewal and will take payment from the payment method associated with the customer’s account. If you do not wish for any service to be renewed, you may elect to cancel that service in writing before the renewal date in order to avoid automatic renewal.
The customer agrees that all outstanding charges that have already been incurred, must be paid before an account may be canceled. To cancel a Service, contact accounting or support.
Violations of IGD Technologies' Terms may, at IGD Technologies' discretion, result in immediate and permanent disablement without refund.
IGD Technologies reserves the right to disable or suspend without refund any account or service at any time should it feel, in its sole discretion, that there is a reasonable suspicion that it is being used in violation of any agreed upon terms.
Disputed charges ("chargebacks") associated with any IGD Technologies account, at IGD Technologies' discretion, may result in additional charges.
IGD Technologies reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees.
Material Products
The customer will provide IGD Technologies with material and data in a condition that is ready to post. IGD Technologies shall make no effort to validate this information for content, correctness or usability.
The customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
IGD Technologies reserves the right to disconnect any website deemed to present a security threat to IGD Technologies' customers, servers, or network.
IGD Technologies makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. IGD Technologies also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions. Use of any information obtained by way of IGD Technologies is at the Customer's own risk, and IGD Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
Trademarks & Copyrights
The customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.
The customer agrees that they are SOLELY RESPONSIBLE FOR ANY COPYRIGHT VIOLATIONS and accepts full responsibility for all text, graphics, photos, and other content.
Limited Liability
The customer expressly agrees that use of IGD Technologies' Services is at the customer's sole risk. Neither IGD Technologies, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that IGD Technologies' Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through IGD Technologies Services, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall IGD Technologies, its offices, agents or anyone else involved in creating, producing or distributing IGD Technologies' Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use IGD Technologies’ Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to IGD Technologies’ records, programs or services. The customer hereby acknowledges that this paragraph shall apply to all content utilizing IGD Technologies’ Services.
Notwithstanding the above, the customer's exclusive remedies and IGD Technologies’ total liability for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, arising out of or in connection with these Terms or from the use or inability to use the Services, shall not exceed the aggregate amount which Customer paid to IGD Technologies during the three (3) months immediately preceding the claim.
Indemnification
The customer agrees that it shall defend, indemnify, save and hold IGD Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against IGD Technologies, its agents, its customers, 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 the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless IGD Technologies against Liabilities arising out of:
any injury to person or property caused by any products sold or otherwise distributed in connection with IGD Technologies' Services
any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement;
any defective product which the customer sold on IGD Technologies’ servers.
Sanctioned Countries
The customer agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, the customer covenants that it shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from IGD Technologies under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. The customer agrees to indemnify, to the fullest extent permitted by law, IGD Technologies from and against any fines or penalties that may arise as a result of the customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Other Terms and Policies
The customer agrees to abide by the terms set forth in this Terms of Service as well as any other IGD Technologies policies. The customer also agrees to abide by all applicable terms set forth by all IGD Technologies partners and other service suppliers.
Contract Revisions
IGD Technologies may modify these Terms from time to time to reflect changes. It is your responsibility to periodically check for the current version of our Terms by visiting this page and any other applicable service terms.
If you continue to use or access the Services after the effective date set forth above, you agree to be bound by any revised Terms, and all other terms or policies incorporated herein either directly or by reference.
Transfer
The customer may not re-assign or transfer the customer’s rights or obligations under these Terms without the written consent of IGD Technologies.