Terms of Service
Last Updated: October 21, 2016
Any questions about this Terms of Service should be addressed to: firstname.lastname@example.org
Or by mail to:
118 King St. Suite 450
San Francisco, CA 94107
Thank you for using the Instapage Inc. website (accessible at Instapage.com hereinafter, the "Website"). This page states the terms and conditions ("Terms of Service") under which you may use the Website and any materials, online communications and other information that is or becomes available on the Website.
By accessing the Website you accept and agree to be bound, without limitation or qualification by these terms and conditions. By entering your username, you’ve officially “signed” the Terms of Service. If you sign up to INSTAPAGE on behalf of a company or another entity, you represent and warrant that you have the authority to accept these terms of their behalf. If you do not accept any of the terms or conditions stated here, please do not use the Website.
The Website is owned and operated by Instapage Inc., a corporation located in San Francisco, CA (hereinafter "INSTAPAGE") and is offered to you conditioned on your acceptance without modification of the terms, conditions, disclaimers and notices contained herein. Use of the content, services, and/or products presented in any or all areas of this site constitutes your agreement that you will not use the Website for any unlawful purpose and that you will abide by these Terms of Service and those posted in specific areas of the site. In addition, when using particular INSTAPAGE owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into these Terms of Service.
This agreement between you and INSTAPAGE may be terminated by INSTAPAGE at any time, with prior notice. Please note that INSTAPAGE reserves the right to change the Terms of Service under which this Website and its offerings are extended to you. Any such change shall be effective upon notice, which may be given by INSTAPAGE posting such change on the Website, by e-mail, or any other reasonable way. All modifications to this Terms of Service webpage shall be deemed a posting for purposes of notice. If a change is notified by a posting on the Website, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of INSTAPAGE. Your continued use of the Website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Service. You agree that notice of changes to these Terms of Service on the Website, by posting, such as modification of this Terms of Service webpage, or delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.
INSTAPAGE collects personal information when you use INSTAPAGE products or services, when you register with INSTAPAGE, and when you visit INSTAPAGE web pages or the web pages of INSTAPAGE partners. INSTAPAGE may combine the information that we have with information we obtain from business partners or other companies.
These Terms of Service will be interpreted and governed by the domestic laws of the State of California, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. By using this Website you expressly agree, acknowledge and consent to personal jurisdiction in the State of California and that venue for any dispute between you and INSTAPAGE relating to your use of the Website, the Terms of Service, or any other dispute relating to the Website shall be exclusively in the state and federal courts located in San Francisco, CA.
INSTAPAGE expends significant time and expense gathering, preparing, compiling and developing the data and other information and content provided on the INSTAPAGE Website. Consequently, data scraping, website scraping, screen scraping, and all other forms of automated and/or manual data and content mining are expressly prohibited and you agree not use any of the data, information, or content on the Website except as expressly permitted by these Terms of Service. You further warrant that you will not attempt or actually systematically extract data contained in this Website to populate databases for internal or external use.
These Terms of Service provide you with a personal, revocable, nonexclusive, nontransferable license to use this Website, conditioned on your continued compliance with these Terms of Service. You may print and download materials and information on this Website solely for personal and non-commercial use; provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Website.
You represent that you are of legal age to form a binding contract and are not a person barred from using or receiving any INSTAPAGE services under the laws of the United States or any other applicable jurisdiction. You also warrant to INSTAPAGE that you will not use this Website for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms of Service, including, without limitation, defamation, disparagement, harassment, invasion of privacy, obscenity, or copyright or trademark infringement. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
This Website contains data, information, and other materials and content ("Content") created and/or compiled by INSTAPAGE or by third parties. Some of the data and information is obtained from public and other third party sources. While we believe that these sources are generally reliable, we have no duty to pre-screen such Content and are not responsible for any failure or delay in removing such Content. INSTAPAGE makes no representation or warranty as to the reliability, accuracy, completeness or authenticity of any information contained in the Website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, (including risks relating to the infringement or potential infringement of third party intellectual property rights), that you may not rely on said Content, and that under no circumstances will INSTAPAGE be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content on the Website or obtained through the Website.
INSTAPAGE is dedicated to preserving the quality of all Instapage.com web properties. You agree to comply with Google's policies and guidelines regarding link building. INSTAPAGE reserves the right to remove any pages that violate Google’s Link Schemes Quality Guidelines.
INSTAPAGE respects the intellectual property of others. It is INSTAPAGE's policy to respond expeditiously to claims of copyright and other intellectual property infringement. INSTAPAGE will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, INSTAPAGE may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. INSTAPAGE will terminate access for subscribers and account holders who are repeat infringers. No refund will be issued.
To provide INSTAPAGE notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept.", care of email@example.com, that sets forth the information specified by the DMCA. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as www.lumendatabase.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide INSTAPAGE with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
This Website contains Content that is protected by copyright, trademark or other proprietary rights of INSTAPAGE or third parties. Content provided by INSTAPAGE is copyrighted as a collective work pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Website. Except as expressly permitted by the copyright laws and these Terms of Service, no copying, storage, redistribution or publication of any Content is permitted without the express permission of INSTAPAGE, or the owners of such Content or their authorized persons. Instapage may use your logo and/or landing pages in our promotional collateral.
You agree to indemnify and hold INSTAPAGE, its parent, subsidiaries, affiliates, successors, assigns, owners, directors, officers, employees, agents, service providers, and suppliers harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Website, your violation of the Terms of Service, your breach of any of the representations and warranties herein, or your violation of any third party rights.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL MATERIALS AND CONTENT IN THIS WEBSITE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES. INSTAPAGE MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR REGARDING THE SUITABILITY OF THE INFORMATION OR CONTENT. FURTHERMORE, INSTAPAGE MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS WEBSITE AND/OR THE CONTENT CONTAINED HEREIN. INSTAPAGE DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT, INCLUDING THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. These disclaimers of implied warranties are not permitted in some jurisdictions and consequently, the foregoing disclaimers may not apply to you in such jurisdictions.
UNDER NO CIRCUMSTANCES SHALL INSTAPAGE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INSTAPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. These liability limitations are not permitted in some jurisdictions and consequently, the foregoing limitations may not apply to you in such jurisdictions.
Service begins as soon as your payment is processed. You will be charged the full rate stated at the time of purchase, plus applicable taxes. Your subscription will renew automatically, on your renewal date, until you request termination.
Our charges for monthly and annual plans are posted on our Website and may be changed from time to time. If the changes affect existing users, they will be notified before the change takes effect. The account owner agrees to receive the invoices by electronic means. The invoices shall be visible in the Application if the account owner logs into the Account.
If you upgrade to a higher tier plan during the billing cycle, a prorated fee between the rates specified in the subscription you previously selected and the fees specified in the subscription to which you have upgraded will be applied. You will either be charged on the day of the upgrade or in the following billing period for any upgrade to your subscription. If you request to downgrade to a lower tier plan during the billing cycle, the changes will take effect starting immediately after the request was processed by our billing department. Downgrading is only permitted between monthly subscriptions, once per billing period. Downgrading your paid account may cause the loss of Content, customer lists, or features, available to your account at your current plan. INSTAPAGE is not and will not be held liable for such loss.
As long as you are a Member or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You will replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If we are unable to process your credit card order, we will try to contact you by email and suspend your account until your payment can be processed.
Termination of the contract can be requested any time at email@example.com only from the email address associated with the account. If this is not possible, we reserve the right to ask for additional information to prove ownership, such as but not limited to the last four digits of the credit card. The changes will take effect from the date and time of the email request. Inactive accounts will not be considered as terminated, unless a specific request is sent.
If you terminate within 24 hours of your order, you will be eligible for a refund. Should more than 24 hours pass, your payment is non-refundable and your service will continue until the end of your subscription term.
The client permanently and irrevocably waives any and all rights to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against payments that were made during the period of the contract and are dated before the date of the termination request, for any reason whatsoever. Any chargeback processed against charges for INSTAPAGE will result in full and complete termination of all INSTAPAGE licenses and accounts due to the significant costs involved in administration of managing chargebacks.
INSTAPAGE is under no obligation to store your Content and may delete your Account and your Content immediately upon termination or may keep your Account and your Content for up to 60 days following the last day of the month of termination. If the account is reactivated, upon request from you, we will make any and all of your Content available for access, if possible.