October 14thth, 2016
The following User Agreement ("the Agreement") governs the use of the ioncube24.com service ("the Service") and the ionCube24 Website ("the Website") by a member ("You") and ionCube Ltd. ("Us/We"). Please read the rules contained in this Agreement carefully. You can access this Agreement at any time from the website. Your use of the Service and Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Service. These rules may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service and Website by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in suspension or termination of your access to the Service and Website without notice, in addition to other remedies.
RULES OF USAGE
MEMBER ACCOUNT, PASSWORD, AND SECURITY
In registering for the Service you must choose a password, user name, and a current and working email address that you are legally entitled to use. You are entirely responsible for maintaining the confidentiality of your password and account. The Service stores your password in encrypted form and it cannot be retrieved for reminder purposes, although you can request the password to be changed via an online password reset process. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Us or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.
USE OF THE SERVICE BY YOU
You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to the Service servers by https requests using a Web browser, you may not attempt to gain access to the servers by any means -- including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. You acknowledge that we may not have reviewed nor can endorse the content of all sites linked to from this Service and that we are not responsible for the content or actions of any other sites linked to from this Service.
THE FREE PLAN
A new ionCube24 account automatically entitles you to access a range of features without charge on a Free Plan for a period of 14 days. These features are broadly representative of the full service available on paid plans, but may not include access to all features and some features may have reduced functionality. The features available under the Free Plan may vary from time to time. A company or individual is entitled to create, use and receive notifications from ONE free account. The creation of multiple accounts where the user of such accounts or the receiver of notifications is believed by Us to be the same individual or company may cause such accounts to be suspended. A domain is permitted to be associated with only one account having a Free Plan over the lifetime of the domain. An account under the Free Plan may not be operated on behalf of another individual or company. The Free Plan may be upgraded to a paid premium plan at any time.
PAID PLANS - AUTHORISATION FOR RECURRING PAYMENTS
Payment for premium plans is made by recurring monthly instalments processed by PayPal. The monthly payment amount is fixed based on the plan, however a billing agreement with You may authorise Us to charge a variable amount. You may change your plan at any time, and where a variable payment facility is in effect, the billed amount will be amended when the plan is changed. If a fixed payment agreement is in effect you may change your plan by cancelling the existing plan and payment instruction and starting a new plan. Should the pricing of a plan be scheduled to change, We will give You notice not less than 30 days in advance of the change.
PAID PLANS - CANCELLATION
You can cancel an active payment subscription at any time by using the "Unsubscribe" option within the "Change Subscription" subsection of the "Manage Subscription" page. Features on your plan will remain available for any remaining time on your plan up until the end of the current and final billing period or until a new plan is commenced.
You agree to indemnify Us and our affiliates, employees, agents, representatives and third-party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your submissions, from your unauthorised use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER ITS AFFILIATES AND ITS THIRD- PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM REGION TO REGION.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO THE SERVICE
We reserve the right at our discretion to suspend or terminate your ability to access the Service if breaches of these terms and conditions or those currently inforce are suspected, and/or where such a breach or use may reasonably be expected to or has been known to damage our ability to provide a service to other users. No entitlement of a refund is in force and should not be inferred or implied for any partially unused period of service under these circumstances, though we will evaluate any such requests on a case by case basis.
The Service provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(c) ionCube Ltd.