Terms and Conditions

 

Agreement between user and http://insynq.com

Welcome to insynq.com. The insynq.com website (the “Site”) is comprised of various web pages operated by Insynq, LLC (and all parent or affiliated companies)(“Insynq”). insynq.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of insynq.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

insynq.com is a commercial Site that provides information about cloud hosting offerings and access to support resources provided by Insynq.

 

Electronic Communications

Visiting the Site or sending emails to Insynq constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, or other communications that we provide to you electronically, via email,or on the Site, satisfy any legal requirement that such communications be in writing.

 

Insynq does not intentionally collect any personal information from persons under the age of thirteen.  Additionally, persons under the age of18 may only use insynq.com with the permission of a parent or guardian.

 

Cancellation/Refund Policy

There is no subscription or fee required to access the Site. Cancellation policies for cloud hosting services provided by Insynq are specific to each contract signed by our customers.

 

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Insynq, and Insynq is not responsible for the contents of any Linked Site, including, but not limited to: any link contained in a Linked Site or any changes or updates to a Linked Site. Insynq is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Insynq of the site or any association with its operators.

 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site’s domain, you hereby acknowledge and consent that Insynq may share any such information or data with any third party with whom Insynq has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Insynq that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or otherwise interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Site’s service (including text, graphics, logos, images, or the compilation thereof,or any software used on the Site) is the property of Insynq or its suppliers and protected by copyright and other laws protecting intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Insynq content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Insynq and the copyright owner. You do not acquire any ownership rights in any protected content. Insynqdoes not grant any licenses, express or implied, to the intellectual property of Insynq or of our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post or send and receive messages/materials that are appropriate as well as related to the particular Communication Service.  This includes (but is not limited to) a prohibition on any of the following acts while using a Communication Service: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Insynq has no obligation to monitor the Communication Services. However, Insynq reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Insynq reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Insynq reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, subpoena, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Insynq’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Insynq does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Insynq specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication ServiceManagers and hosts are not authorized Insynq spokespersons, and their views do not necessarily reflect those of Insynq.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload any such materials.

 

Materials Provided to the Site or Posted on any InsynqWeb Page

Insynq does not claim ownership of the materials you provide to insynq.com (including feedback and suggestions) or post, upload, input or submit to any Insynq Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Insynq, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Insynq is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Insynq’s sole discretion.

 

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by Insynq from within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all national and/or local laws of your jurisdiction. You agree that you will not use the Insynq Content accessed through the Site in any country or in any manner prohibited by any applicable national and/or laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend, and hold harmless Insynq, its officers, directors, employees, agents, and third parties (collectively, “Representatives”), for any losses, costs, liabilities, and/or expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of or inability to use the Site and its services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Insynq reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Insynq in asserting any available defenses.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INSYNQ AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

INSYNQ HERE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  INSYNQ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING: ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSYNQ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES,OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSYNQ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Insynq reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the sole and exclusive jurisdiction and venue of courts in the State of Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Insynqas a result ofthese Terms or use of the Site. Insynq’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Insynq’s right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Site or information provided to or gathered by Insynq with respect to any such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Insynq with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Insynq with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Insynq reserves the right, in its sole and absolute discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Insynq encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Insynq welcomes your questions or comments regarding the Terms:

 

Insynq, LLC

3312 Rosedale St. NW, Suite 203

Gig Harbor, WA  98335

 

Email Address:

allsales@insynq.com

 

Telephone number:

253-857-9400

 

Effective as of October 11, 2017