Terms of Service for EC2 Launchers

BY USING THIS SITE, THE SERVICES AVAILABLE AT THIS SITE, AND ANY SERVICE, SOFTWARE, APPLICATION, OR PROGRAM CREATED BY IWEBZ RETAIL PRIVATE LIMITED OPC (“IWEBZ” OR "WE"), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF ONLINE AMI LAUNCHERS FROM IWEBZ, OTHER ONLINE AND OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING IN TO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “USER”, “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT AND MAY NOT USE THE SERVICE.

Introduction

An Amazon Machine Image (AMI) is a pre-built, ready-to-use virtual machine that can be launched as a new cloud server (instance) on Amazon EC2. An AMI maybe public or private (not shared or shared with limited AWS users).

The Service enables launching of public AMIs. These public AMIs may be provided by software publishers themselves, or by third-party providers.

The Service is limited to successfully launch an AMI as one or more EC2 instance(s) based on the service option selected. In some cases, post-launch actions may be carried out via automation to deliver the EC2 instance as advertised.

Once the AMI is launched as an EC2 instance, the EC2 instance's management, maintenance, and usage & third-party software license costs (if any) is the user's responsibility.

The Service is available only to users over the age of 18 years with an active and usable AWS user account.

The Service is provided with all options and documentation specified in the English language only. We are not liable for any Service commitments inferred from website content translated into any other language.

Third-party logos and trademarks are their own. Their use on this website does not imply an association of any kind.

Service Definitions

The EC2 Launchers are pay-per-use online launcher services that simplify deployment of public AMIs as cloud servers on Amazon EC2. As part of this service we offer the use of curated, software publisher/third-party provided, public EBS-backed AMIs with 64-bit (amd64 architecture) Linux operating system. These public AMIs may also contain additional software components for running a web application and which collectively is called an Application Stack.

Some EC2 launchers may also run post-installation actions on the EC2 instance launched from an AMI to deliver the EC2 instance as advertised to you. For this an additional period of time ranging from 5 to 15 minutes after launch may be required to complete these actions successfully.

For EC2 instances launched using this service, you can re-launch them free of cost, unlimited number of times after the original launch. This means that you can remove the EC2 instance and launch another one in it's place using the same parameters as the originally launched EC2 instance.
This feature will not work if you use the AWS console separately to edit the instance configuration manually, or if you manually remove the access key used to launch the original instance, or manually change user policy permissions for the access key.

Incorrect Client Information

If you have entered incomplete or incorrect information, and you have requested for a change, iWebz may contact you in an effort to help you successfully update or correct the information. You hereby authorize iWebz to make such contact. If iWebz is unable to reach you, or you do not respond to iWebz’s contact, your Client information will remain as they were entered, and/or your user account deactivated, as the case may be.

Non-Transferable Membership

iWebz grants you a personal, non-exclusive, non-transferable license to use the online certificate tools and other software contained in or made available through the Service (the “Content”) solely for your own internal purposes. All rights not expressly granted by iWebz to you are retained.

Restrictions

You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without iWebz’s prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.

Third Party Interaction

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of AMI providers, advertisers or sponsors showing their goods and/or services through the Service.

Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. iWebz shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to Third Party Sites

iWebz does not endorse any sites on the Internet that are linked through the Service. iWebz is providing these links to you only as a matter of convenience, and in no event shall iWebz be responsible for any content, products, or other materials on or available from such sites.

Payment

iWebz offers this Service, as described on the website (iwebzcloud.com) and as published within the Service, for advance (prepaid) fees (the “Fees”) which you will pay to iWebz by offline/online bank transfer, authorized credit/debit card, via PayPal or other digital wallets, etc. (the “Payment Method”), as applicable for your region.

The Fees applicable for the Service are available on the website and as published within the Service.

iWebz reserves the right to change the Fees or applicable charges and to institute new charges at any time without notice.

All domestic payments from India will be against the Indian Rupee as the reference currency. All global (export) payments from outside India will be against the U.S. Dollar as the reference currency.

iWebz may offer an advance payment (prepaid) wallet method for paying for your order. If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. You may only add/credit to this wallet. No withdrawals of/to cash are permitted from this account/wallet.

Cancellations and Refunds

All purchases/payments are final, there are no refunds under normal circumstances.

Trial Offers, Coupons, Credits and Special Offers

We reserve the right to introduce, discontinue, or modify coupons, credits, and special promotional offers offered by iWebz at iWebz's discretion.

Account Information and Data

iWebz does not own any data, information, or material that you submit to, or is generated by the iWebz billing & support system, the Service, or stored in your account (“Data”).

iWebz will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement.

iWebz may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement.

You, not iWebz, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data submitted.

By providing sign-in/login options based on your email address, iWebz has ensured only you have access to operate your User Account. iWebz is not responsible if a third party gets access to your email mailbox, or if you share your Sign-in One-Time Password (OTP) with others.

Any Data available via the website is not in perpetuity, and is limited by the lifetime of the website, or changes to the Service, whichever is earlier. iWebz shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Retaining or backing-up Data for your use is your responsibility.

User License Grant

In addition to any other consent provided in these Terms or expressly to iWebz, User/Client hereby consents to iWebz utilizing User Information and manifestations of any aspect or part of any Service for purpose of displaying all or part of a Service to potential customers and other persons who may have an interest in the Service.

Termination

iWebz, in its sole discretion, may terminate your website access or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement.

You may terminate your User account upon notice to iWebz at any time; however, you will not receive a refund of any portion of fees paid to iWebz, or reimbursement of credit still in available in wallet balance (if any).

Upon termination of an account, your right to use such account and the Service immediately ceases. iWebz shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

Proprietary Rights

Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content.

You agree that iWebz or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including without limitation, text, images, and other multimedia data.

iWebz and/or other iWebz products and services referenced herein are either trademarks or registered trademarks of iWebz.

Disclaimer

IWEBZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. IWEBZ DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY IWEBZ.

iWebz has no control, and therefore, bears no liability for the quality or software components of the AMI launched using this Service by the User.

iWebz has no control, and therefore, bears no liability for any deletion or modification to the EC2 instance after it's launch using an AMI via this Service by the User.

iWebz reserves the right to not be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

All offers are non-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the iWebz without separate announcement.

iWebz is not responsible for any external contents or services linked or referred to from iWebz pages.

iWebz intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by iWebz is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the iWebz’s agreement.

This disclaimer is to be regarded as part of the internet publication from which you were referred. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Indemnification

You shall indemnify and hold iWebz and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Limitation of Liability

IN NO EVENT WILL ANY IWEBZ PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH IWEBZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY IWEBZ PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

In the event that, notwithstanding the foregoing disclaimers and indemnification, iWebz is found responsible to any User for any reason whatsoever, iWebz’s liability shall be limited to the last amount actually paid by such user immediately preceding the event given rise for such claim for, and shall not include punitive damages or consequential or resulting damages of any nature.

Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Trademark Acknowledgement

All brand names and product names mentioned on website are trademarks or registered trademarks of their respective owners.

International Users

By using the Service, all Users understand and consent to the processing of personal and transactional information in India.

Additionally, all Users understand and consent to the the processing and disposal of all disputes as per the laws in effect in the State of Maharashtra in India at the time.

Modification to Terms

iWebz reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service.

You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Choice of Law and Location for Resolving Disputes

These Terms of Use shall be governed by and construed in accordance with the laws in effect in the State of Maharashtra in India at the time, excluding its conflicts-of-law principles.

Please note that your use of the Services may be subject to other local, state, national, and international laws.

You expressly agree that exclusive jurisdiction for any claim or dispute with iWebz or relating in any way to your use of the Services resides in the courts at Mumbai, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Mumbai in connection with any such dispute including any claim involving iWebz or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

General

No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between you and iWebz as a result of this agreement or use of the Service.

The failure of iWebz to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iWebz in writing.

iWebz has the right to assign any or all of its rights and obligations under this Agreement at any time.

This Agreement comprises the entire agreement between you and iWebz and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Offerings

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Legal

The respective trademarks mentioned in our offerings are owned by respective companies. Commercial license of any of these products are not provided.
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