|Terms and Conditions of Use
Community Association Direct Sale,
Effective March 15, 2011
InstaPage® users are subject to the following terms and conditions of use and by proceeding hereby agree to same:
1) License to Use. The InstaPage® website system is owned and copyrighted by The Lazarus Group Internet Services, LLC ("LAZARUS" herein). Your InstaPage® Standard Version community website is made available for your community association's ("Association" herein) use through this agreement and use license between LAZARUS and your Association.
2) Term of License. License for use of your InstaPage® Standard community website shall be valid so long as LAZARUS continues business operations and Association is current in payments owed LAZARUS. Upon cessation of business operations, or Association's failure to keep its account with LAZARUS current, this license shall cease and Association's site content and site may be removed from LAZARUS's web server.
3) Site Management/Hold Harmless/Indemnification. Association is responsible for designating a community member/volunteer to serve as its InstaPage® Site Administrator. LAZARUS shall not be held responsible for site maintenance or content, and Association shall hold LAZARUS harmless and indemnify LAZARUS from any legal action resulting from any dispute over site's content.
4) Technical Support. Association's InstaPage® Site Administrator shall be responsible for handling support requests from Association's members. LAZARUS shall in turn provide support to Association's InstaPage® Site Administrator during regular business hours of 6:00 a.m.-5:00 p.m. PST, M-F, holidays excepted. Association shall e-mail its support requests to LAZARUS at email@example.com.
5) Fees. LAZARUS's fees for use of the InstaPage® system were quoted in the Community Website Creation Wizard at time of site creation, and may be adjusted by LAZARUS from time to time upon 30 days written notice to Association by e-mail or invoice. Fees for use are billable and due in advance of each billing period (billing period of either quarterly or annually was selected during site creation). Failure to pay said fees by the due date may result in site suspension, fees for restoration, or cancellation of Association's account and removal from LAZARUS's server.
6) 30 Day Free Trial. The first 30 days of usage are to be considered a free trial period. If Association cancels its InstaPage® site from the Site Administrator Control Panel within 30 days of site creation (not the date of approval of this agreement), no fees shall be owed LAZARUS other than reimbursement of domain registration expenses, if any. If Association elects to retain the site, the first period payment (quarterly or annual depending upon selection during setup, shall be due within an additional 10 days (40 days from site creation).
7) Termination. Association may terminate InstaPage® use at any time but must do so through the Site Administrator Control Panel in order to terminate Association's obligations. Association will be liable for fees for the full current billing period at time of cancellation (quarterly or annual depending upon selection during setup). Association is advised that LAZARUS does not issue refunds, nor does it pro-rate billing periods.
8) Authorized to Bind Association. The individual creating this InstaPage® site hereby certifies, by acceptance of this agreement through clicking of the I AGREE button below, that he or she is a duly authorized representative or agent of association, entitled to legally bind Association to this agreement and all fees due hereunder.
9) Entire Agreement. This shall serve as the full agreement between LAZARUS and Association.