ISDCONNECT LTD Terms of Service

Last updated May 3rd, 2011

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. These terms of service ("Terms") apply solely to your access to, and use of, the Web site of ISDCONNECT LTD, located at www.isdconnect.biz (the "Site") and the web development and hosting tools and services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with ISDCONNECT LTD, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and ISDCONNECT LTD for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. ISDCONNECT LTD may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

Description of Services

The Services include web site development and web applications operated and hosted by ISDCONNECT LTD to enable you to create and publish web sites. The Services also includes web hosting services for the web sites you publish through ISDCONNECT LTD.

Website Packages

Website packages include various options such as registering your own domain name, private domain registration, email for that domain, and one of our package bundles that contain one or more of: additional tiers of storage, larger file uploads, access to styles, access to support, advanced analytics and third party credits. The categories and prices of our Website Packages are described here and are subject to change from time to time. ISDCONNECT LTD may choose to temporarily change the fees for the Website Packages for promotional or new services, and such changes are immediately effective when ISDCONNECT LTD posts the temporary promotional event or new service on the ISDCONNECT LTD website. Any changes to fees for Website Packages that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on ISDCONNECT.biz. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Website Packages in a timely manner with a valid payment method. You authorize ISDCONNECT LTD to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with ISDCONNECT LTD. Your Payment Method will be charged the current fee for the Website Package you choose on the date that you click on the "Purchase" button in the ordering process. Our offerings include Premium Services payable by recurring payments. You agree that ISDCONNECT LTD may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Website Package with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Website Packages ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to ISDCONNECT LTD may be shared by ISDCONNECT LTD with companies who work on Yola' behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to ISDCONNECT LTD and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay ISDCONNECT LTD all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Website Packages policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) ISDCONNECT LTD may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) ISDCONNECT LTD reserves the right to either suspend or terminate your Website Packages or your account with ISDCONNECT LTD. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to ISDCONNECT LTD within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of ISDCONNECT LTD.

Taxes

You are responsible for paying any governmental taxes imposed on you, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to ISDCONNECT LTD the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that ISDCONNECT LTD is obligated to collect such taxes, the applicable tax will be added to your billing account.

Money-Back Guarantee

ISDCONNECT LTD provides paid services to Users. Most paid services include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a refund if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration and other domain name services. Once you register your domain name or apply your domain credit, it cannot be "returned" until the duration of the domain term has expired. However, we can assist you in transferring or pointing your domain to the host of your choice. The amount of your refund will be the price of the paid service you purchased from ISDCONNECT minus domain name registration fee and overage charges, and minus the value of any redeemed credits. If the value of the credits you have redeemed exceeds the price of the paid service, then you will not receive a refund.

Domain Terms

You are the legal owner of the domain registration. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties. We will make reasonable efforts to contact you before your registration period expires and provide you with the option to renew your domain registration. If we are unable to contact you using the information you provide, ISDCONNECT LTD shall not be liable for loss of the domain. Yola reserves the right to change its prices at any time.

You can not return or exchange your domain, all sales are final.

Monitoring; Privacy

ISDCONNECT LTD reserves the right, but is not obligated, to monitor the use of it's servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy.

By using the ISDCONNECT LTD Web Site, you consent to any transfer of personal information, collected by ISDCONNECT LTD, outside your country for the purposes of storing the information where ISDCONNECT LTD and/or its agents maintain their facilities.

You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. ISDCONNECT LTD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of ISDCONNECT LTD.

Indemnification

You agree to hold harmless and indemnify ISDCONNECT LTD and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Service and/or ISDCONNECT LTD Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Limited Warranty

ISDCONNECT LTD DOES NOT WARRANT THAT THE SITE OR THE SERVICE, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE SERVICE IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT ISDCONNECT LTD, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Liability Disclaimer

THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ISDCONNECT LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ISDCONNECT LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ISDCONNECT LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ISDCONNECT LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ISDCONNECT LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.

Service Contact
info@isdconnect.biz

Termination/Access Restriction

ISDCONNECT LTD reserves the right, in its sole discretion, to terminate your account and your access to the Site and the Services, or any portion thereof, and to remove or block access to any User Content at any time without notice for any reason or for no reason.

Consent to Disclose Information

You acknowledge, consent and agree that ISDCONNECT LTD may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ISDCONNECT LTD, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.

Governing Law and Jurisdiction

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ISDCONNECT LTD as a result of this agreement.

The performance of ISDCONNECT LTD per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by ISDCONNECT LTD with governmental, court and law enforcement requests or requirements relating to information provided to or gathered by ISDCONNECT LTD with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ISDCONNECT LTD and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ISDCONNECT LTD.

It is the express wish to the parties that this agreement and all related documents be drawn up in English.