Version: 2.0
Effective: 2010-01-29 10:51:44
Instansa Terms and Conditions of Use 1.Use of any part of the Instansa service, hosted at instansa.com, indicates that you accept these Terms. You must not use the service unless you accept these Terms. 2.* Instansa makes no warranty and expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for any particular purpose. No advice or information, whether oral or written, obtained by you from Instansa or through or from the service shall create any warranty not in these Terms. These Terms constitute the entire agreement between you and Instansa. 3.Modifications to this agreement can only be made by your online acceptance of updated Terms. Any new features augmenting the service shall be automatically subject to these Terms. 4.Either party may terminate this agreement at any time by notifying the other party in writing or via email. Provisions marked with an asterisk (*) shall survive termination. 5.* Neither correct nor continued operation of the service or any part of the service is guaranteed. Availability of the service and any part of the service are at the discretion of Instansa. The service or any service feature(s) may be changed or withdrawn at any time. The service or any service feature(s) may be affected by maintenance or network outages. Instansa shall not be liable for any unavailability or incorrect operation of the service or any service feature(s). 6.It is solely your responsibility to monitor whether or not the Instansa service is functioning according to your needs. 7.* Should Instansa be substantially unable or unwilling to provide you with the service or service features as advertised at the time your payment was received, then you shall be entitled to a pro-rated refund. All other refunds shall be at the discretion of Instansa. In no event shall Instansa be liable for any consequential, special, indirect, exemplary or punitive damages. Instansa’s aggregate liability to you for any claim is limited to a refund according to these Terms plus the value of one month of service. 8.* Instansa does not guarantee the safekeeping of your data and is not responsible for its safekeeping. Instansa shall not be liable for any loss of your data. 9.* You agree not to use the service to engage in, or promote, any illegal activity. You agree not to create any content in the service that is: pornographic, hate-related, violent or illegal. You agree not to use the service or Instansa’s name in any way that is likely to devalue Instansa’s brand. 10.* You accept responsibility and potential liability for your use of the service and any content created by you. You indemnify and hold Instansa harmless against any related claims. 11.* You acknowledge that use of the service by you does not confer any ownership interest in Instansa’s business, service or intellectual property. 12.* Instansa may retain, use or publicly disclose any information you provide. Instansa does not guarantee the confidentiality of your information and shall not be liable for any disclosure of your information to third parties. 13.You agree that Instansa may use your name and logo for marketing, business development and promotional purposes. If you wish to use Instansa’s trade name, trademarks, domain names or logos, you may do so, provided such use is in compliance with these Terms. 14.* The failure to require performance of any provision shall not affect a party's right to require performance thereafter, nor shall a waiver of any breach of this agreement constitute a waiver of the provision or of any subsequent breach. If any provision is held unenforceable, then it will be modified to reflect intention and the remaining provisions will remain in full force and effect. 15.* The relationship between you and Instansa under this agreement is one of independent contractors. Instansa may assign this agreement at any time without notice. 16.* Any dispute related to these Terms shall be adjudicated in Jefferson County, Kentucky according to the laws of Kentucky. The parties specifically exclude from application to the agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.