Inspyre, Inc ("Inspyre", "we", or "us") provides its InspyreIDX service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at Terms of Service our Terms of Service page. In addition, when using particular InspyreIDX services, you and Inspyre shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Acceptance of the TOS is absolute and applies to you as an account owner regardless of the number of websites or users contained within your account. You, as the account owner, are responsible for all websites within your account and for each websites adherence to these TOS.
Unless we expressly note otherwise, these terms cover the files and applications available on the domain InspyreIDX.com, and any sub-domains, as well as affiliated domains and sub-domains operated by Inspyre.
You must be at least 18 years old to enter into this agreement to use the Service.
InspyreIDX was created to provide users with access to a full-featured website content management system, Hosted Email, and Analysis Tools for real estate agents and brokerages. You understand and agree that the Service is provided "AS-IS" and that Inspyre assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings or content. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Your use of InspyreIDX must be reasonable. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of our Service to the extent that your use exceeds the use by similarly situated customers.
You understand and agree that the service may include certain communications from Inspyre/InspyreIDX, such as service announcements, administrative messages and newsletters, and that these communications are considered part of your InspyreIDX membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
In consideration of your use of the Service, you agree to:
InspyreIDX memberships are provided as either a one (1) month, three (3) month or twelve (12) month service contract agreement with Inspyre which includes setup fees, membership fees, domain names, renewals, and design services. At the end of the term, the contract will automatically renew indefinitely until explicitly canceled by the User. There is no refund for unused portions of your service contract.
The initial payment begins Services immediately and is not dependent upon usage or the status of the website design or development project. Our obligation to provide Service to you is contingent upon your payment of the fees by your due date. Payments for your use of the Service will be automatically billed to the Payment Method you provide.
All invoice notices will be sent by email. No invoices will be sent by postal mail or fax.
The following describes Inspyre’s billing practices:
Unless otherwise agreed upon, all InspyreIDX memberships must maintain a credit card or check draft information on file at all times. This information will be used to process monthly, quarterly, and yearly membership fees as well as any work orders approved by the member. Any outstanding balance on your account may be charged using the information on file without notice. We provide information about any upcoming charges as well as a full transaction history from within every member's Dashboard.
If you ever have an issue with a bill, we will work with you in good faith to resolve it. We trust you will do the same. If you have a question about charges made to your Payment Method, please contact Inspyre immediately. If the charges were made in error, we will immediately credit your account or Payment Method for the appropriate amount.
Inspyre has a zero tolerance policy for chargebacks and returned check drafts. Any customer who disputes a credit card or check draft payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Chargebacks and returned check drafts are assessed a $40 fee. We encourage our clients to communicate with us regarding any charges that you feel are not valid.
Collecting from members who are running past due balances is an expensive process. Members with balances running longer than 15 days will also be assessed a collection fee of $25 or 10%, whichever is greater, to help pay for the resources necessary to collect their past due balance. The collection fee will be added to your outstanding balance.
Inspyre will not, under any circumstances, issue refunds for any cancellation of service. No refund is available for website design, development or any Inspyre Services after purchase. Additional InspyreIDX Services such data transfer overages, disk space, email accounts, add-on modules etc. are nonrefundable.
Individuals or businesses who create an account for another organization are classified as third-party subscribers. Third-party subscribers who sign up more than 4 accounts under one administrative user are classified as resellers of our platform. Third-party subscribers and resellers are solely responsible for payment of all service fees. In order to remove an account from one's administrative user, payment must be received for any outstanding balance from the third-party subscriber or reseller BEFORE placing responsibility on the organization utilizing the service. No exception will be made to this policy.
Canceling your InspyreIDX Services is quick and easy. All cancellations must be done through the Cancellation Form, accessible from within your Dashboard in the Account Management section. Please allow for a 24 hour processing time after submitting your request. A representative will contact you to finalize your cancellation. All cancellations must be received 24 hours before the last business day of the current billing cycle to prevent additional charges for the following billing cycle.
It is the Users responsibility to secure email confirmation from Inspyre that account has been canceled. If the User has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If User has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Users of any outstanding financial obligations.
Occasionally, we have members who suspend their account. Other times, an account will be suspended due to billing issues. If your account is suspended for any reason, a $50 reactivation fee will be assessed per incident. Members may request an account suspension for a maximum of six months. All data, files, and server entries are automatically deleted after that time period.
User projects that are placed on hold or suspended for any reason and projects considered abandoned due to non-communication from the client are automatically closed and canceled by Inspyre after ninety (90) days of inactivity from the date of the Users last written communication specifically about the project in question. Projects closed under this policy will not be refunded. Users may repurchase services that were closed at the current pricing for the desired services regardless of the original purchase price of the services.
Written quotes for products and services provided by Inspyre are valid for a period of thirty days. Quotes automatically expire without notice at the end of business hours on the 30th day. Promotional pricing is only valid during the stated date range of the promotion and automatically expire at the end of business hours on the last day of the promotion.
You are responsible for maintaining the confidentiality of your passwords and access to your InspyreIDX Services and are fully responsible for all activities that occur under your membership. You agree to immediately notify Inspyre of any unauthorized use of your password or Services or any other breach of security. Inspyre cannot and will not be liable for any loss or damage to your content or data arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Inspyre, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Inspyre does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will Inspyre be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use your account to:
You acknowledge that Inspyre does not pre-screen Content, but that Inspyre and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Inspyre and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Inspyre or submitted to Inspyre using the Service. You acknowledge and agree that Inspyre may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Inspyre, its owners, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We, as God loving Christians', ask you conduct yourself according to the Word of God.
Any violation of the above conditions will result in termination of your account.
Inspyre does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Inspyre the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the system, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and Inspyre marketing websites solely for the purposes of providing and promoting the specific InspyreIDX website to which such Content was submitted or made available. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. "Publicly accessible" areas of the Service are those areas of the Inspyre network of properties that are intended by Inspyre to be available to the general public. By way of example, publicly accessible areas of the Service would include Inspyre websites. However, publicly accessible areas of the Service would not include portions of services intended for private communication such as Email or areas off of the Inspyre network of properties or not hosted or served by Inspyre.
Inspyre's hosted email servers may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass/bulk email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. "Safe-lists" are also strictly forbidden.
Hosted email is for general communication only and never used for mass/bulk email or unsolicited email.
InspyreIDX, the InspyreIDX logo, and other Inspyre product and service names and logos are trademarks of Inspyre (the "Inspyre Trademarks"). You agree not to display or use in any manner without prior permission.
All rights, title and interest in Inspyre technology shall remain with Inspyre. You are not permitted to circumvent any devices designed by us to protect our, or our licensor's, ownership interests in the technology we provide to you. You are not permitted to use our graphic designs outside of our Service. Our software and designs always remain the property of Inspyre. You are permitted to use the raw content you create within our system however you would like. You may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Service code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
Inspyre makes no warranties or representations of any kind, whether expressed or implied for the Services. Use of InspyreIDX Service are at User's sole risk. Neither Inspyre, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that InspyreIDX Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ChritianCMS Service, unless otherwise expressly stated in this Agreement.
Inspyre also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Inspyre is at the User's own risk, and Inspyre specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against Inspyre are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to Inspyre for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 24 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the Inspyre/CristianCMS Twitter or Facebook account.
Under no circumstances will Inspyre bear any responsibility for any damages arising as a consequence of such unavailability or loss of data.
Although we make full effort to maintain reliable archives of our servers, no guarantees are made of any kind, either expressed or implied, as to the integrity of these archives. Archives are made for server restoration purposes only. It is the Users responsibility to maintain local copies of their content, data or any other information. If loss of data occurs due to an error of our services, we will attempt to recover the data for no charge to the User. If data loss occurs due to negligence of client in securing their account or by an action of the client, Inspyre will attempt to recover the data from the most recent archive on a billable basis. We do not back up email data stored on our services. Email service is intended for use in conjunction with a desktop email application, such as MS Outlook.
You agree to indemnify and hold Inspyre, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You acknowledge that Inspyre may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space or bandwidth that will be allotted on Inspyre's servers on your behalf. Inspyre may enforce these limitations by restricting the software itself, or by contacting you and requiring you to either restrict usage or upgrade your account if your website is found to be outside of the normal range of use. Regarding bandwidth, Inspyre will consider your website, email and other Services to be utilizing abnormally high bandwidth at 10GB per month.
All audio and video services come with 10GB of monthly data transfer. This means that visitors to your website may download 10,737,418,240 bytes audio and video files included in any Media Server package. If you exceed this amount of transfer, each additional GB is billed at the end of the month at $1 per GB. All Media Server clients are provided with Traffic Reports that allow you to keep track of how much media you have transferred at any given time in the month, and what files are being downloaded. It is the sole responsibility of our members to monitor their downloads and make the necessary changes to throttle their media bandwidth usage.
You agree that Inspyre has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Inspyre reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Inspyre reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Inspyre shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Inspyre may, under certain circumstances and without prior notice, immediately terminate your InspyreIDX or Inspyre account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Inspyre's sole discretion and that Inspyre shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. All fees paid to Inspyre are non-refundable.
The Service may provide, or third parties may provide, links to other resources. Because Inspyre has no control over such sites and resources, you acknowledge and agree that Inspyre is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Inspyre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSPYRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INSPYRE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPYRE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSPYRE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSPYRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email, regular mail or social media posts. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service or by posting them on their company website, blog or other corporate communications channels.
The TOS constitutes the entire agreement between you and Inspyre and governs your use of the Service, superseding any prior agreements between you and Inspyre. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Inspyre shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Inspyre agree to submit to the personal and exclusive jurisdiction of the courts located within Hillsborough County, Florida. The failure of Inspyre to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Note: The section titles in the TOS are for convenience only and have no legal or contractual effect.