Terms and Conditions

Please read this section carefully before your website goes online.

Web Site Content Guidelines

These are the guidelines for the content of your Web Site. You are bound by these if you use Insurance Software Solutions. We may amend these guidelines from time to time by giving you notice of the change by e-mail. You will then be obliged to comply with these guidelines as amended.

Your Web Site must not contain information, language or material which is:

  • Inaccurate or contains misrepresentations about your product or service.
  • Misleading or deceptive or likely to mislead or deceive.
  • Defamatory or likely to cause damage to the reputation of any other person or business.
  • Unlawful, harmful, abusive or threatening.
  • Obscene, offensive, vulgar or otherwise objectionable including, but not limited to, material of a violent or sexual nature.
  • Discriminatory on account of race, ethnicity, nationality, sex, age, sexual preference, religion or disability.
  • In violation of the rights of a third party including intellectual property rights and trade secrets.

Website Creation Terms and Conditions

  • This package includes Website hosting. It cannot be hosted with another provider.
  • The quality of images displayed on your Website will depend on the quality of those that you provide to us. We cannot guarantee the quality of hard copy images that must be scanned in order to be included on your Website.
  • You warrant that all content is your original creation or that you are authorized to use it as the owner. Any potential liability for publishing such information remains with you and we reserve the right to suspend the hosting of any site that we believe may be in breach of copyright or other laws.
  • Following the initial development of your site, you are entitled to one minor edit of text prior to finalization of the site. You will be notified by e-mail or phone after initial development and ask if you require any edits. You must approve your completed site by e-mail or fax within 5 business days of receiving notification from us of completion.
  • Once the construction of your site is finalized you are responsible for all maintenance and changes. Once you have made one round of minor edits, any additional requests should be directed to Insurance Software Solutions at 518.373.5200 and we will arrange an obligation free quote.
  • If you include a stamped self-addressed envelope with your completed Agency Web Pro Information Pack, Insurance Software Solutions will return by mail any images and other material you request. Insurance Software Solutions can take no responsibility for damage of this material.

We will assign to you a copyright license for your finished published Website.

You acknowledge that we will pass your customer details to search engines to register your Website.

Web Hosting Terms and Conditions

These Special Terms

In these terms we have used "we" for Insurance Software Solutions, "you" for our Insurance Software Solutions customer, and " Insurance Software Solutions " or "the services" for all goods and services of any kind we agree to provide for you.

Other Terms applying to our Web Hosting Services

Standard terms for business customers ("standard terms") apply to your use of our services except where they are inconsistent with these special terms. It is important that you are familiar with the standard terms.

They cover such things as:
  • our commitments to you responsibilities
  • your general
  • our billing procedures
  • our right to suspend or restrict services
  • your rights to compensation from us
  • exclusion and limitation of our liability
  • our use of information about you
  • other general terms of your relationship with us

Web Hosting Services

We have a host computer which will provide Web Hosting services. We will provide you with a configuration package which will enable your computer and communications equipment (so long as they are suitable) to access the Web Hosting services through to our host computer.

We have no responsibility for the nature, quality or content of any information you access or make available through using the services and undertake no responsibility to exercise any editorial control over it.

The Configuration Package

We will send you a configuration package, and updates to the configuration package from time to time. The configuration package includes instructions on how to connect to our services, information on our Customer Support Group services, security information, software (where appropriate) and other reference materials.

Your General Responsibilities

In addition to the general responsibilities set out in the standard terms applying to your use of the services, you will:

  • Follow our instructions about using the services as provided by us to you from time to time. Use the services and the information you access or make available through using the services, in a responsible manner
  • Keep your passwords confidential
  • Never introduce anything harmful (such as viruses) to, or interfere in any other way with, anyone else's computer system, communication services or use of the Internet
  • Never breach copyright or any other intellectual property right anyone else may have in anything forming part of the services or in anything you access through using the services
  • Make sure everyone else who uses the services we provide for you meets these responsibilities.

You warrant and undertake to Insurance Software Solutions that no statement, representation or information contained in the Host web site:

  • is or is likely to be misleading or deceptive. is at all defamatory; or
  • is in breach of any intellectual property right (including, for example copyright or trademark) of any person; or
  • is in breach of any contractual or other legal right of any person; or
  • is otherwise in breach of any provision of any statute, regulation or rule of law.
  • You acknowledge that Insurance Software Solutions relies on the warranties set out in this clause in providing you with these services. You agree to indemnify Insurance Software Solutions, its employees, servants and agents against all losses or costs (legal or otherwise), liabilities, claims or proceedings whatsoever arising as a result of any breach of the warranties above.

If you breach any warranty condition (above), Insurance Software Solutions may at any time and without notice to you cancel, reject, or refuse to continue hosting any web sites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any web site. This right will not be unreasonably exercised. Where Insurance Software Solutions rejects, or refuses to continue hosting any web site, Insurance Software Solutions may charge you a proportion of your monthly fee as a cancellation fee.

Global Internet Compliance

Recognizing the global nature of the Internet, you agree to comply with all local rules and protocols regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside.

Your Responsibilities when using the Configuration Package

The configuration package is provided for use only with the Agency Web Pro business services we initially provide for you and only so long as you meet all your responsibilities under these special terms and the standard terms applying to your use of the services. You must not use the configuration package for any purpose other than for the purpose of using the Agency Web Pro business services we provide for you. You must not:

  • modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (other than for archival purposes) the configuration package.
  • grant any security interest over or otherwise transfer any right to the configuration package, remove any trademarks, copyright notices or proprietary labels on the configuration package.

You must make sure everyone else who uses the services we provide for you, whether with your permission or not, meets all your responsibilities relating to the use of the configuration package.

Fixing Defects and Faults

We will do our best to provide highly reliable services (including software) although we do not guarantee that they will be continuous or fault-free.

Fixing Faults in our host computer

We are responsible for fixing faults in our host computer.

Fixing Defects in the Configuration Package

If there is a defect in the configuration package we license you to use, and that defect does not allow you to perform the provisioning of your services successfully, then:

  • if there is a defect in the documentation in the configuration package, we will advise you how to get the configuration package to do what it is intended to do using a procedure different from the relevant procedure set out in the documentation, or
  • if there is a defect in the software in the configuration package, we will (after you return that copy of the software to us) replace it with another copy of the same software, or with other software designed to do substantially the same things as the returned software, or
  • if we decide we cannot fix the defect in either of the above ways, we will (after you return the configuration package to us) refund to you any monthly charges incurred for the services.

Our responsibility for fixing defects in the configuration package we license you to use no longer applies 30 days after we send you the configuration package. After that, we take no responsibility for fixing any defect in the configuration package.

Faults and Defects we are not Responsible for Fixing

We are not responsible for fixing faults or defects which occur:

  • in your computer or communications equipment (including any software used or stored in them other than the software we license you to use)
  • Because when you use the services incorrectly or because of any other event beyond our reasonable control.

Compensation

Your rights to compensation from us if we do not meet our responsibilities to you, and our rights to compensation from you if you do not meet your responsibilities to us, are set out in these special terms and the standard terms applying to your use of the services. In addition, if anyone else makes a claim against us as a result of you not meeting your responsibilities under any of the terms applying to your use of the services, you must reimburse us for all amounts any of us has to pay to anyone else as a result of this claim.

Ownership

Ownership of the hardware and software used to provide you with Insurance Software Solutions remains with Insurance Software Solutions.

Exclusion and Limitation of our Liability
In the standard terms applying to your use of the services, we exclude and limit all liability we or anyone else involved in providing the services may have to you except for the compensation you can claim under those terms. In particular, we are not responsible for ensuring:

  • that the configuration package we provide to you to use will be compatible with and will not damage your computer or communications equipment (including any other software or information used or stored in them);
  • that the configuration package we provide to you to use is not designed to be used under any circumstances to control equipment of any kind or any form of communications system, the failure of which could result in death, personal injury, or physical or environmental damage.

This clause does not restrict the terms excluding and limiting liability which are set out in the standard terms applying to your use of the services.

Changing these Special Terms

We may change these special terms by changing or removing existing terms or by adding new ones. You will be able to refer to the most recent copy of these special terms by accessing the URL on the Web Hosting site. The procedures for changing the standard terms applying to your use of the services are set out in those terms.

Cancellation

You must take the services for at least 12 months. If you wish to cancel your Agency Web Pro service, you must give us five working days notice (in writing). On cancellation, you will be liable to pay any outstanding website fees and a pro rata proportion of your monthly hosting fee.

Ending the Insurance Software Solutions Hosting Services

You may not transfer to anyone else any of your rights or responsibilities under any of the terms applying to your use of the services. If we stop providing the services for you, you must return to us the configuration package and remove any of our software provided in the configuration pack from your system. If you give up the services, or if we stop providing them for you, this will not affect any rights and responsibilities which are intended to continue or come into force afterwards.