Last Updated September, 2014
Please read this agreement carefully. Identity Station, Dentist Identity and any subsidiaries are hereby collectively and individually referred to as "Identity Station", "us" or "we". The websites, services, content and products available at or through Identity Station are hereby called "the Services". The terms "you" or "customer" refer to the user of our services, including family members, friends and acquaintances, employees and agents, and all other persons whom you authorize or enable to use the Services.
By using the Services, whether directly or indirectly, you are agreeing to comply with and be bound by the following Terms and Conditions of use, and all applicable laws and regulations (including, without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside). These Terms and Conditions are non-negotiable and we reserve the right to amend or adjust them at any time, in our sole discretion. Your continued use of the Services, after such changes have been posted, constitutes your acceptance of any changes we make. Please consult these Terms and Conditions regularly.
1. All orders must include your real name, address, phone number and email address. Providing false information may result in immediate termination of all your accounts without refund.
2. Websites are designed in the order in which signed contracts are received and will be completed to the extent that we have all of the information we need from you.
3. It is your responsibility to provide us with the information we request. Failure to provide such information in a timely manner will result in your order being postponed. If the build of your site exceeds 60 days from the date of first payment due to your lack of response, we reserve the right to charge your account a fee equal to 5% of the cost of the site per week.
4. All Payments are due according to the payment schedule agreed to in your contract.
5. We deploy Services during business days only (Monday through Friday). Services are not deployed on Saturday or Sunday.
1. By agreeing to the fee quoted for Services, you agree that payments will be charged automatically on a monthly basis, beginning on the date your account is created.
2. If your account is set up on auto billing, your payment method will be charged on the due date.
3. All invoices are available in your Client Portal. Invoices are not sent via postal mail, PDF, fax or any other method.
4. If your payment is declined or you fail to submit payment by the invoice due date, your Services may be disconnected at midnight the day after the due date and your account may be assessed a $5 late fee.
1. Notification of cancellation must be made in the Client Portal at least 10 days prior to the billing date or your subscription will automatically renew and you authorize us to collect the monthly subscription fee using any credit card or other payment mechanism we have on record for you.
2. Due to the nature of our industry and the costs involved with provisioning and maintaining your Services, we do not offer refunds or pro-rated refunds.
3. If you are on a scheduled payment plan and you cancel before you have paid your balance in full, the remainder of your agreed upon fee is due and payable immediately.
1. Support is available 24/7/365, by ticket system only. This insures that communication can be tracked and documented.
2. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of Services.
3. Swearing, threats and other abusive language will not be tolerated and may result in account termination without refund.
1. The Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws. Unless otherwise specified, the Services are owned by Identity Station and ownership rights are not transferable to any other person or entity.
2. If you choose to move your website to another hosting environment, we will rebuild your site on the new host, provided the new host is mainstream, for a fee of $499. Once completed on the new host, we will no longer be responsible for servicing your site.
3. You may not utilize the Services to infringe on the copyright, patent rights, intellectual property rights, trade secret rights or trademark rights of any individual or organization.
4. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify Identity Station. Identity Station will respond to all such notices, including, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Identity Station will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Identity Station or others. In the case of such termination, Identity Station will have no obligation to provide a refund of any amounts previously paid.
5. You acknowledge that you do not acquire any ownership rights by printing or downloading copyrighted material, and that the materials may be subject to separate license agreements and/or additional posted limitations on usage, reproduction and/or dissemination, all of which you shall be responsible for complying with if you download such materials.
6. You may not use any information contained in the Services, in whatever form, to substantially replicate products or services offered by Identity Station, including the republication of any content or the creation of a separate publishing platform. If Identity Station believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access your account may be temporarily or permanently revoked, with or without notice.
Disclaimers and Provisions:
1. If you post material to your website, post links on your website, or otherwise make (or allow any third party to make) material available by means of your website, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, audio files, video files, computer soware, or the like.
2. If you create a blog on the website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Your blog may not be advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods. Identity Station may change orremove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your blog, your account or any other breaches of security. Identity Station will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Identity Station has not reviewed, and cannot review, all of the material, including computer soware, posted to or made available through the websites to which it links, and cannot therefore be responsible for that material’s content, use or effects. By operating the website or linking to a non-Identity Station website, Identity Station does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Identity Station disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
4. You are responsible for any abusive traffic coming from or going to your Services whether or not it was knowingly or directly caused by you. You are responsible for all your users and/or customers actions while using our Services.
5. We do not participate in any government mass collection of data. If this provision disappears it is a result of our having been involuntarily compelled to take part in such a program.
6. Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue.
7. IRC websites and IRC servers are not allowed.
8. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved.
9. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive soware or text that educates or encourages this activity and/or use are not allowed.
10. You may not upload ROMs and Emulators.
11. You may not publish any material that is grossly o-ensive, including, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.
12. Mass email marketing servers and unsolicited bulk e-mail (UCE) are prohibited.
13. Spam is not allowed, and you may not reference our company in any unsolicited email that you send. Anyone caught SPAMMING may be terminated without warning and with no refund.
14. You must contact us prior to installing a CDN within our infrastructure. "Shared Resource" CDN’s are strictly prohibited.
15. You may not use the Services in the commission of any crime that violates the laws of local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and its use available to law enforcement with or without your consent or knowledge.
16. In no event will our company be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or the, destruction, unauthorized access to, alteration of, or use of any record.
17. We are not liable for any damage or loss of data due to insu-icient cooling, heating, bandwidth or acts of God. This includes all forms of web hosting (including but not limited to collocation, dedicated servers, virtual private servers (VPS), or cloud based servers).
18. We reserve the right to terminate any account without warning, notice, or refund if any of the above restrictions are violated and to examine the contents of any account at any time.
19. By using the Services, you represent and warrant that use of the Services will be in strict accordance with these Terms and Conditions.
1. These Terms and Conditions constitute the entire agreement between Identity Station and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Identity Station, or by the posting by Identity Station of a revised version.
2. These Terms and Conditions, together with any amendments hereto, shall be binding upon the parties hereto, their heirs, successors and assigns.
3. These Terms and Conditions shall be governed by the laws of the State of South Carolina. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by a court of competent jurisdiction in the State of South Carolina, County of Charleston.
4. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not a-ect the validity of any other clause or provision which shall remain in full force and effect.
5. The waiver of a breach of any provision of these Terms and Conditions by either party shall not operate or be construed as a waiver of any subsequent breach.
6. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by them; Identity Station may assign its rights under these Terms and Conditions without condition.
7. You agree to indemnify and hold harmless Identity Station, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of these Terms and Conditions.
8. The headings or titles of articles, sections and subsections contained in these Terms and Conditions are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of these Terms and Conditions or the intent of any provision hereof.