iMicron is a registered trademark of iMicron Web Services LLC. All other products mentioned are registered trademarks or trademarks of their respective companies. This site is © 1997-2015. iMicron ALL RIGHTS RESERVED.
THESE GENERAL TERMS OF SERVICE (the "Agreement") are entered into effective as of the date on which You accept this Agreement (the " Effective Date"), by and between iMicron Web Services LLC., a California Company if you live (or if a business, headquartered) in the United States, Canada or Mexico, or iMicron Web Services Pvt. Ltd., a Indian Company if you live (or if a business, headquartered) in any other country (" iMicron"), and you and/or the entity you represent as signed below ("You", "Your"). iMicron and You may be individually referred to herein as a "Party" and collectively referred to as the "Parties."
This Agreement includes the terms and conditions surrounding Your use of iMicron’s Cloud Marketplace website (the "Site"), including any use or ordering of the products and services purchased or accessed through the Site (the "Services"). Services include any software contained within or used in connection with the Services. BY USING THE SITE, INCLUDING ORDERING, RESELLING, OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THIS AGREEMENT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BE LEGALLY BOUND BY THIS AGREEMENT AND TO LEGALLY BIND YOUR COMPANY TO THIS AGREEMENT. THE TERMS "YOU" AND "YOUR" SHALL REFER TO YOUR COMPANY AND TO YOU IN CONNECTION WITH YOUR USE AS A USER ON BEHALF OF YOUR COMPANY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, NEITHER YOU NOR YOUR COMPANY MAY USE THE SITE OR ANY SERVICE.
BY USING THE SITE INCLUDING ORDERING, RESELLING, OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND INTEND TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN, AS WELL AS THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THE POLICIES POSTED ON THE SITE (THE "iMicron Policies"), JUST AS IF YOU HAD SIGNED THIS AGREEMENT. If You do not accept this Agreement or the iMicron’s Policies You are not licensed or otherwise permitted to use the Services, and You may not use the Site.
These terms are in addition to any terms and conditions that apply to particular Services or the Site, including any other iMicron or Third Party Vendor Service Level Agreements, terms of service and use agreements and other policies such as the Acceptable Use Policy ("AUP"), that are incorporated by reference in this Agreement and available online on our Legal Site or on the applicable Third Party Vendor site.
By using this Website, you are consenting to the processing of your data by iMicron and consenting to the terms of our Privacy Policy. The Privacy Policy is hereby incorporated into these Terms.
iMicron has developed the following privacy policy to protect individually identifiable information. This policy covers iMicron and applies to all individually identifiable information that iMicron obtains when a client uses a iMicron service.
iMicron protects individually identifiable information as follows:
iMicron will not sell, trade, or disclose to third parties any individually (either client or iMicron employee) identifiable information, derived from the use of any iMicron service, (except as required by search warrant or other legal process or in the case of imminent physical harm to the customer or others). When iMicron uses other agents, contractors or companies to perform services on its behalf, iMicron will ensure that the company protects the individually identifiable information consistent with this policy.
iMicron has implemented technology and security features and strict policy guidelines to safeguard the privacy of identifiable information from unauthorized access or improper use, and we will continue to enhance our security procedures as new technology becomes available.
The company will not read or disclose to third parties private e-mail communications that are transmitted using iMicron services except as authorized by law. In relation to any content submitted to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Reviews"), you grant iMicron a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to "use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such reviews throughout the world in any media, now known or hereafter devised; and use the name that you submit in connection with such review".
We take no responsibility and assume no liability for any Reviews posted or submitted by anyone in this Website. We have no obligation to post your Reviews and we reserve the right in our absolute discretion to determine which Reviews are published on the Website.
iMicron honors requests from clients for changes in account information, such as name and password and will correct any such information that is inaccurate.
iMicron takes data security seriously and has put in place appropriate physical, electronic, and procedures to safeguard and secure the information we process.
iMicron will use personal information only in ways that are compatible with the purposes for which it was collected, which is in the confines of e-discovery usage.
Upon request, iMicron will grant individuals reasonable access to personal information that it holds about them. In addition, iMicron will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
You represent that you are not located in any U.S. embargoed country and are not on a U.S. government prohibited user list, and will not use information from this Website for purposes prohibited by U.S. law. Specifically, you agree that you will not use Cloud Resources accessed pursuant to this Website in violation of U.S. laws or regulations or in violation of any applicable local laws or regulations; including but not limited to providing material to anyone in a U.S. embargoed country or on a U.S. prohibited user list posted by the Department(s) of Commerce, State, Treasury.
You agree to defend and indemnify iMicron’s and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Seller or Partner ratings (if any) displayed on this Website are intended as only general guidelines, and iMicron does not guarantee the accuracy of the ratings. iMicron makes no guarantee about the availability of specific Cloud Resources. Prices listed on the website for Cloud resources are as submitted by Sellers and Partners only and not iMicron . The information, software, resources, and services published on this website may include inaccuracies, errors or omissions, including pricing errors. In particular, iMicron does not guarantee the accuracy of, and disclaim all liability for any errors, omissions or other inaccuracies relating to the information and description of cloud resources displayed on this Website (including, without limitation, the pricing, photographs, list of cloud resources, general resource descriptions, etc.), much of which information is derived and reproduced by iMicron from information provided by Seller and/or Partner. In addition, iMicron reserves the right to correct any pricing or other errors or omissions on the Website.
iMicron makes no representations about the suitability of the information, software, resources, and services contained on this website for any purpose, and the inclusion or offering of any Cloud Resources on this website does not constitute any endorsement or recommendation of such Cloud Resources by iMicron. For the avoidance of doubt, all Cloud Resources are provided solely by Sellers and/or Partners in accordance with their terms and conditions, accepted by Buyers.
iMicron disclaims all warranties and conditions that this website, its servers or any email sent from iMicron are free of viruses or other harmful components. iMicron hereby disclaims all warranties and conditions with regard to this information, software, resources, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The Buyers, Sellers and Partners of Cloud Resources on this website are not agents or employees of iMicron . iMicron is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Buyers, Sellers or Partners (including, without limiting the generality of the foregoing, in respect of the quality, fitness for purpose or availability of cloud Resources contracted using this Website) or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. iMicron has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and we have no responsibility for any additional expense, omissions, delays or acts of any government or authority.
In no event shall iMicron be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, resources, and services obtained through this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if iMicron has been advised of the possibility of such damages.
iMicron utilizes the self-assessment approach to assure its compliance with our privacy statement. iMicron periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented.
iMicron will keep this policy current and will inform you of any changes that we make.
iMicron has formulated this Acceptable Use Policy in order to encourage the responsible use of iMicron services by our customers and other users ('Users'), and to enable us to provide our Users with secure, reliable and productive services.
The iMicron network, including the web sites hosted by iMicron (collectively, the 'iMicron Network'), may be used only for lawful purposes. Users may not use the iMicron Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.
Users are prohibited from violating or attempting to violate the security of the iMicron Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mail bombing' or 'crashing', (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. Additionally, you agree not to manipulate the price of any Cloud Resources or make any speculative, false, or fraudulent sale or purchase of Cloud Resources on this Website. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content on this Website. iMicron will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the iMicron Network, including, without limitation, using an e-mail account on iMicron network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the iMicron Network. In addition, Users may not use the iMicron Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, 'mail bombing', (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
The Website is designed to create a market place for the legitimate and lawful sale and purchase of Cloud Resources.
To access the Cloud Resources in this Website, you must create a iMicron account associated with a valid e-mail address. Responsibility lies with you as a user for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). We are not responsible for unauthorized access to your account. You will contact us immediately if you suspect unauthorized access of your account or if your account information is lost or stolen. You may terminate your account and at any time by notifying us immediately.
You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed the Website using your user name and password without your authorization, it is your responsibility to set up a new password.
Buyer agrees to carefully read and comply with the terms and conditions of Seller(s) and/or Partner(s)with whom Buyer elects to deal and agrees that any violation of the Sellers’ or Partner’s terms and conditions may result in, but not limited to, cancellation of any purchase or access denied to the Cloud Resources purchased.
All payment functionality for the purchase of Cloud Resources by Buyers from Sellers or Partners is through the Website. Collection of such payments through website iMicron is not as acting agent for Sellers or Partners and hence owes no fiduciary duties to Buyer. Between iMicron and Buyers, the Buyers are responsible for paying any amounts for Cloud resources billed to their credit cards by a third party who had been provided access to buyers credit card or credit card number, irrespective of whether or not such amounts were authorized by buyers. Buyers agree to pay all charges incurred in connection with Buyers purchase of Cloud Resources (including any applicable tax) at the rates in effect when the charges were incurred. If iMicron does not receive payment from Buyers’ credit card issuer or its agent, Buyer agrees to pay all amounts due upon demand by iMicron. Receipt of full contractual payment by iMicron from Buyers discharges the relevant Buyer of its payment obligation under the relevant agreement it has contracted with the relevant Seller or Partner.
iMicron has a right to place an authorization hold on your payment instrument for an estimated amount of the service charge due. This is standard practice and does not constitute a charge.
As a buyer of Cloud Services through iMicron you agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the subscription process. We shall treat all of your Billing Information with the utmost respect for its confidential nature, and in accordance with our Privacy Policy, which is expressly incorporated herein by reference. The unit price shown only has 2 decimal places, but the value used by Billing can have up to 5 decimal places. Therefore the calculated cost might be slightly higher/lower than that calculated using 2 decimal places.
You may be required to verify that you control the credit card accounts that you register prior to using the cards for transactions or to obtain additional payment privileges. We are not responsible for fees that may be charged on your credit card account for our transactions.
Any User which iMicron determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at iMicron’s discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if iMicron deems it necessary, it may immediately suspend or terminate such User's service without issuing such a warning. Users which iMicron determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
iMicron takes no responsibility for any material input by others and not posted to the iMicron website by iMicron. iMicron is not responsible for the content of any other web sites linked to the iMicron; links are provided as Internet navigation tools only.
Any User interacting with our site and providing iMicron with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits iMicron to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from iMicron should send iMicron a specific request (i.e., stating do not use or do not share or both) by certified mail or by regular mail clearly marked 'Privacy-Urgent' at operations@ iMicron.com.
iMicron does not sell, rent or otherwise disclose its mailing lists to third parties.
iMicron reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion.
iMicron respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your account with iMicron, you agree that you will not use the iMicron service to infringe the intellectual property rights of others in any way. iMicron will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, iMicron reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the iMicron service, or if iMicron believes that user's conduct is harmful to the interests of iMicron, its partners, or other users.
The content and information on this Website as well as the infrastructure used to provide such content and information, is proprietary to us. Including price and availability of Cloud Resources. You agree not to create derivative works from, transfer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or sell or re-sell any information, software or services obtained from or through this Website.
Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
In accordance with the Digital Millennium Copyright Act of 1998 , iMicron will respond expeditiously to claims of copyright infringement committed using the iMicron service that are reported to iMicron.