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Terms

Innovative Brand Lab Terms of Use

Innovative Brand Lab provides mobile apps, domain management, website development, email services and custom web-based software development. In doing such, Innovative Brand Lab maintains certain ethical and legal responsibilities pertaining to the use of properties involved in these services.

 

By using any services offered by Innovative Brand Lab, or merely browsing the Innovative Brand Lab web site, you agree to and are bound by the Terms of Use. Innovative Brand Lab reserves the right to change the Terms of Use and other guidelines or rules at its sole discretion, and will provide notice of material changes on the home page of the Innovative Brand Lab web site. Innovative Brand Lab reserves the right to discontinue service, or deny access to any person or persons who violates our policies or the terms and conditions set forth without warning or prior notice. In the even that an account is terminated due to a violation of any polices below, no refunds or fees will be made to said account.

 

Payment and Refund Policies

Setup fees are charged for all new accounts and major account changes; and any setup fees incurred are non-refundable. All recurring pricing is guaranteed for the term of prepayment. Innovative Brand Lab reserves the right to change prices at any time.

Customers have three payment cycle options:

Annual
Accounts set up on an annual billing cycle are sent invoices for services, by email, on the 25th of November for the upcoming year. Payments for recurring annual license fees are due by December 10th. Payments not received by the 10th of December are considered past due.

We do offer a grace period, due to the holidays, that the 30 day notice of suspension for website and email services does not occur until January 1. On January 1, all past due accounts are subject to a 30 day notice of suspension. This means that on January 1st, client access to our web admin panel will be suspended. At this time the client website is still accessible to the general public. On January 30th, Innovative Brand Lab reserves the right to suspend public access to the website. We are not required to send any notice other than the original invoice. It is the client’s responsibility to check the email they provide to us under “Account Settings” for the billing email. (Please see the section titled “Domain Management” for domain specific policies).

Quarterly
Accounts set up on a quarterly billing cycle are sent invoices for services, by email, on the 15th of each month prior to the quarter in which services are rendered. Billing months are December, March, June, and September. Payments for recurring quarterly license fees are due within 15 days of being invoiced. Payments not received by the 1st of the month following an invoice are considered past due.

Monthly
Accounts set up on a monthly billing cycle are sent invoices for services, by email, on the 15th of each month prior to the month in which services are rendered. Payments for recurring monthly license fees are due within 15 days of being invoiced. Payments not received by the 1st of the month following an invoice are considered past due.

 

Late Fees and Penalties

Any account that is past due will be sent a physical invoice and is subject to a late fee of $25.00. Accounts that have been suspended will also be subject to a $50.00 re-activation fee. Payments must be made in U.S. currency. Innovative Brand Lab will bill each customer a minimum $50.00 fee per returned check.

 

In the event a Client has a past due balance for more than 30 days, Innovative Brand Lab reserves the right to take ownership of Client domains as payment towards Client balance. This action may not satisfy the entire balance. A domain appraisal will be purchased by Innovative Brand Lab and the appraised amount will be deducted from the Client balance. In the event the appraised value exceeds the client balance, no refunds or credit will be given.

 

Should the client want to terminate services with Innovative Brand Lab, the client is responsible for all money owed on the account from the time that it was established to the time that the customer gives notice. 30 day notice does apply.

 

If a customer chooses to move services away from Innovative Brand Lab, rather than accept an update to our terms of service, they must still bring their account current, including penalties and fees, before files or domains under a domain management or lease agreement will be transferred (see “Domain Management” below for terms and fees).

 

If client wants to move files from the Innovative Brand Lab server to a new provider there will be a $250 transfer fee to transfer the files to another provider. Proprietary content and/or code developed by Innovative Brand Lab is non-transferrable.

 

Domain Management

The renewal date for domains is January 1 of each year, regardless of the expiration date found in the public whois database. At times we consolidate the expiration dates of domains using industry methods for management purposes.

 

In the event a client does not pay the annual renewal fee for their domain(s), the domain(s) will expire on January 10th at midnight. All domain and related services will expire. We cannot prevent this action from occurring. You will have a 19 day grace period before your domain enters what is called a Registry Redemption Period (http://help.godaddy.com/article/5018). During this time there will be an additional fee to recover the domain from the redemption period as well as reactivate services. If a domain is not recovered from this redemption period it will become available for sale to the general public.

 

Innovative Brand Lab reserves the right to purchase domains not renewed by January 31 out of redemption prior to public sale.

 

Domains owned by Client prior to entering into agreement with Innovative Brand Lab, but not renewed per the terms of the Innovative Brand Lab Domain Management Agreement become the property of Innovative Brand Lab.

 

Sale or Transfer of Domain

In the event a domain managed by Innovative Brand Lab expires and becomes the property of Innovative Brand Lab or if a client wants to purchase a non-client managed domain from Innovative Brand Lab, it will be subject to the terms of the “Domain Name Sale and Ownership Transfer Agreement”. The client has first right to purchase domain but is not guaranteed a sale of the domain.

 

Decline Domain Management

If client has declined domain management services, Innovative Brand Lab cannot guarantee services. This includes website, subdomains and email service as we do not control DNS records. No refunds or compensation for disrupted services will be given. Please check with your registrar for technical issues. A non-registrar management fee of $35 per domain will be assessed to the client account.

 

Cancellation

Innovative Brand Lab reserves the right to cancel service at any time at our discretion. Innovative Brand Lab will provide written notice 30 days in advance before discontinuation of services except in those instance where a violation of state or federal law has occurred or there has been a violation of our “Server Abuse” or “Unsolicited Email (UCE/UBE/SPAM)” policies. All fees paid in advance of cancellation are non-refundable in the event that Innovative Brand Lab institutes our right to cancellation.

 

Customers may cancel the service at any time by giving us 30 days notice in writing. You must pay the full balance of the account within 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges. We will not pay you a refund for any unused part of the service. All client files, both digital and physical, will no longer be retained by Innovative Brand Lab. Client must request files prior to final termination date.

 

Should a client wish to discontinue the use of Innovative Brand Lab services; customers may cancel the service at any time by giving us 30 days notice in writing. The client must pay the full balance of the account within 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges. We will not pay you a refund for any unused part of the service. There is a $150 fee to create a client registrar account, move client domain(s) into client account, update the whois back to the client, remove private registration and unlock the domain. This is the only method by which we will transfer domains out of the Innovative Brand Lab account. There is a $250 fee per website to package client files and transfer to a new provider. You must download and submit your request for transfer using our “Termination of Services Request” document. If you cancel (not transfer) hosted services for mobile apps, you will lose all access to analytics, user data and app name in the app store. We reserve the right to re-use the app seat in the app store.

 

Copyright Information

Any material that Innovative Brand Lab contributes to the Web Site is owned by either Innovative Brand Lab or Innovative Brand Lab’s Licensors. These materials may only be used by Client on the Web Site. Client shall not distribute such material in any format or through any means, other than on the Web Site, including without limitation, authorizing electronic, photographic or any other reproduction of any such material for use in any medium. In addition, Client may not copy, modify, disassemble, reverse engineer, decompile, perform, distribute, or sublicense such material to third parties. If Innovative Brand Lab is providing a Web Site pursuant to this Agreement, Innovative Brand Lab owns all right, title and interest (including copyright) in such Web Site. Innovative Brand Lab will affix its copyright notice to the homepage of the Web Site, and the Web Site shall not contain any other copyright notice. Client agrees to assist Innovative Brand Lab in registering and enforcing all copyrights and other rights and protections relating to the Web site in any and all countries. Innovative Brand Lab also owns all user information collected by Innovative Brand Lab on or through the Innovative Brand Lab Site, including Client’s Ads, and Client’s Web Site. Notwithstanding the above, Client owns all right, title and interest (including copyright) in the Client Content, subject to the rights, if any, of Client’s licensors

 

Server Abuse

Unacceptable use includes, but are not limited to, unsolicited bulk email (UBE), unsolicited commercial email (UCE), newsgroups spamming, illegal content, copyright and trademark infringement, pornographic material, and/or anything else deemed unacceptable by Innovative Brand Lab, including abuse of server resources.

 

Any shared hosting account that includes or links to the following content to the following content is subject to termination at the discretion of Innovative Brand Lab:

 

  • Any acts of copyright including, but not limited to, offering pirated computer software or links to download pirated software, information to bypass manufacturer designed copy protection devices, including any type of cracker utility, serial number, or key generator.
  • Material that exploits children less than 18 years of age.
  • Material containing any obscene nude and/or pornographic material
  • Material that is grossly offensive to the viewing party including blatant expressions of profanity, bigotry, hatred, or racism.
  • Instructional information about illegal activities, or the promotion of violent acts towards any group or individual.

 

Unsolicited Email (UCE/UBE/SPAM)

Unsolicited email advertisements, or spam, are not permitted, and will result in an immediate account termination. Innovative Brand Lab holds a zero-tolerance approach towards spam originating from any server on our network, as well as any spam advertising a domain located on our network.

 

Opt-in mailing lists are allowed, however, there must be an easy to use removal method broadcast with every mailing list. All customers who maintain a mailing list must keep accurate records of all users subscribed to this list and remove any user upon requesting to be removed.

 

Activities of spam include unsolicited bulk or commercial email messages (UBE/UCE), forging or altering email headers (stealth spam), numerous messages to the same address with little or no change in message (mail bombing), posting advertisements to off-topic Usenet newsgroups where this action is unwarranted (spamming newsgroups), or any other type of harassment through the means of email. If legitimate proof is given for the use of the services of another service provider to promote a web site on the Innovative Brand Lab network (spamvertising), the provisions of this policy shall apply as if the span was sent from our network.

 

SMTP Mail Server Abuse

We do not allow any customer to send more than 2000 messages per day through the mail server on one hosting account. If you send more than 2000 messages per day, your account will be suspended pending an investigation of abuse.

 

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Innovative Brand Lab harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Innovative Brand Lab, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer’s, it’s agents, or employees. Customer agrees to defend, indemnify and hold harmless Innovative Brand Lab against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Innovative Brand Lab’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary right of a third party; (3) copyright infringement and (4) any defective products sold to customer from Innovative Brand Lab’s server.

 

Disclaimer

Innovative Brand Lab will not be responsible for any damages your business may suffer, Innovative Brand Lab makes no warranties of any kind, expressed of implied for services we provide. Innovative Brand Lab disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Innovative Brand Lab and its employees. Innovative Brand Lab reserves the right to revise its policies at any time.

 

Survival on Merger or Acquisition

In the event the Company is acquired during the Term, or is the non-surviving party in a merger, or sells all or substantially all of its assets, this Agreement shall not automatically be terminated, and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of this Agreement.

 

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.