General Information
Terms & Conditions of Sale
Software License Agreement
Subscription Services Agreement
Hardware Services Agreement
Limited Warranty
Return Policy
Shipping Policy
Domain Registration Agreement
Open Source Licenses
Copyright and Trademark
Anti-Spam Policy

SUBSCRIPTION SERVICE AGREEMENT

THIS IS A CONTRACT BETWEEN YOU AND IMPERA. THIS CONTRACT REFERS TO IMPERA AS “WE”, “US” OR “OUR”. THIS CONTRACT APPLIES TO ANY IMPERA APPLIANCES, IMPERA SERVERS, IMPERA WEB SITES, SERVICES (INCLUDING PRE-RELEASE SERVICES) AND SOFTWARE, INCLUDING ALL UPDATES, SUPPORT AND CONTENT. THIS CONTRACT REFERS TO ALL OF THESE AS THE “SERVICE”. THIS CONTACT ALSO COVERS YOUR USE OF ANY ADDITIONAL SERVICES FOR WHICH YOU MAY SIGN UP WHILE THIS CONTRACT IS IN FORCE, UNLESS OTHER TERMS ACCOMPANY THOSE SERVICES. IF SO, THOSE TERMS SHALL APPLY.

YOU MAY ONLY USE THE SERVICE IF YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. THIS CONTRACT LIMITS OUR LIABILITY AND DISCLAIMS WARRANTIES FOR THE SERVICE TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS CONTRACT ALSO REQUIRES YOU TO INDEMNIFY US. PLEASE READ THESE SECTIONS OF THE CONTRACT CAREFULLY.

Impera reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion. The most current version will always be posted on this site (See: Subscription Services Agreement). These terms and conditions may not be modified, supplemented, or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by Impera.

  1. When You May Use the Service
    If you create an account to use our service, you may start using the service as soon as you have finished the sign–up process and the appliance has been delivered. You understand that some parts of the service may not be available right away while we configure them for your use.
  2. How You May Use the Service
    In using this service you will
    1. comply with all laws,
    2. comply with any codes of conduct or other notices we provide,
    3. comply with the Impera Anti-Spam Policy,
    4. keep you password secret and,
    5. promptly notify us if you learn of a security breach related to the service.
  3. How You May Not Use the Service
    In using the service you may not
    1. Use the service in any way that is against the law or harms Impera or its affiliates, resellers, distributors and/or vendors (Collectively, the Impera parties”),
    2. Damage, disable, overburden or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service,
    3. Resell or redistribute the service, or any part of the service, unless you have a reseller contract with Impera that permits you to do so,
    4. Upload, post, email or otherwise make available any content that
      1. Incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence
      2. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or
      3. is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, piracy and counterfeiting, gambling, drugs, online pharmacies, copyright and other intellectual property laws, defamation, libel, and rights of privacy,
    5. Use the service to sell, market, distribute or advertise, or facilitate the sale, marketing, distribution or advertising of
      1. Illegal gambling,
      2. Illicit drugs, pharmaceuticals, or controlled substances,
      3. Counterfeit, pirated or stolen goods,
      4. Goods that are considered indecent, obscene or pornographic,
      5. Nazi memorabilia,
      6. Registered or unregistered securities,
      7. Any good or services that if sold via the service would cause Impera or you to violate any laws and regulations
    6. Use any portion of the service for creating or distributing any unsolicited bulk messages or unsolicited commercial messages (“spam”),
    7. Use any unauthorized means to modify or reroute, or attempt to reroute the service.
  1. Your Service Account
    You may establish an account and password for the service. The service may enable you to have additional people use your account or have additional member accounts and passwords associated with your account. We call these “associated accounts.” You are responsible for all activity under your account, associated accounts, and passwords.
  2. Associated Account Users
    If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and in some cases, to request and receive computer and service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and Impera.
  3. How We May Change This Contract
    Impera may change this contract at any time without notice. If we make a material change to this contract, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed contract.
  4. You Are Responsible For Backing Up Your Data
    You are responsible for your data. Your data includes any information and materials that you create and use with the service and store on Impera servers, including documents, files, mailing lists, information related to your dealings with third parties (for example, order and transaction data), information about your customers, your customers’ data, email content, email traffic data, Web site analytics, and Web site content.

    If you do not use Impera’s back-up service you are responsible for maintaining and backing up your data that you create, use, and store with the service. Upon termination or cancellation of the service by you or us for any reason, Impera may delete your data permanently from our servers and/or the servers of our contracted vendors. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.

    You must elect to use the Impera back-up service if you have any obligation to retain your data and you wish Impera to retain the data on its servers so you or others can retrieve it. We may charge you an additional fee for storage and retrieval of the data.
  5. Charges and Billing
    1. Payment
      When you sign up for the service, you will provide a credit card for payment. You confirm that you are authorized to use the credit card. You authorize us to charge you for the service using your credit card and for any paid feature of the service for which you choose to sign up or use while this contract is in force.
    2. Charges
      If your service is provided on an annual basis, we will charge you for the service in advance. If your service is provided for an indefinite period or automatically renewed, we will charge monthly for the services you will receive in the next month. We may charge you at one time for more than one of your prior billing periods. If we told you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
    3. Updates to Your Billing Account
      You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You can access and make changes to your billing account at http://www.impera.com/default.aspx?tabid=58. You may change your payment method at any time. If you tell us to stop using your payment method and do not provide an alternative payment method, we will cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
    4. Trial Period Offers
      You may receive a limited time of free service or some other trial period offer for some or all of our services. Unless we tell you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges or having your service downgraded to a service for there is no subscription fee. If you do not cancel your service and we have told you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
    5. Downgrade of Service
      If we downgrade your service to one for which there is no subscription fee, some of your data may not be available to you and Impera may delete that data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.

      If we downgrade your service to one for which there is no subscription fee, some services such as email, anti-spam and anti-virus may not continue to work. You are responsible for taking the necessary steps to manage your domain names, administer those services as well as implement services for new anti-spam and anti-virus updates.

      If we downgrade your service to one for which there is no subscription fee, services such as security patches and updates to software will be terminated. You are responsible for taking all necessary steps to provide for the continued operation and security of the appliance and the programs which operate on it.
    6. Prices and Price Increases
      We may change the price of the service from time to time but we will give you at least 30 days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect. If your service is on a period basis (for example, monthly or annually), then the new price will start on the date that we indicate.

      If there is a specific time length and price for your service offer, then that price will remain in force for that time. When the offer period ends we will charge you the then current price for that service.

      The price for the service excludes taxes, phone and Internet access charges, mobile text messaging, wireless service and other data transmissions, unless stated otherwise. These taxes and charges are your responsibility. All prices are in US dollars.
    7. Service Conversion & Account Changes
      You may be able to switch your service to a different Impera service. If you do, you authorize us to charge your credit card for any new service charges. If you switch to a service for which we do not charge a subscription fee or for which we charge a lower fee, we will refund the unused portion of the service charge for the subscription fee service you previously used or the difference in the amount of the service fees. You may not credit any refunds to other services.

      You are able to add and delete Associated Accounts to your service. If you do, you authorize us to charge your credit card for any new Associated Account Users. If you delete Associated Account Users, we will apply the unused portion of the service fees to your account. You may not credit any refunds to other services.
    8. Refunds
      All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any returns will be at your expense, unless otherwise provided by law.
    9. Payments to You
      To receive a payment or refund due to you, you must promptly provide us with all the information we need to make the payment. You must provide us with the information we request before your right to receive payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment, and you agree to cooperate with us.
    10. Online Statement Errors
      We will only provide you with an online billing statement. Go to http://www.impera.com/default.aspx?tabid=58 to view, print or request a paper copy of your statement. If you ask us to mail a copy to you, we may charge you a retrieval fee. We can only provide a paper copy that covers the 120 days prior to your request. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you do not tell us within this time, we will not be required to correct the error. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error.
    11. Canceling the Service
      You may cancel the service at any time, with or without cause if you are not under a service contact with a specified term. Go to http://www.impera.com/default.aspx?tabid=58 to obtain information on canceling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
    12. Late Payment
      Except to the extend prohibited by law, we may assess a late charge if you do not pay on time, regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you do not pay in full and on time.
  6. Changes to the Service; Cancellation or Termination
     
    1. By Impera
      We may change the service at any time and for any reason without notice. If we cancel a particular service or feature, we will make commercially reasonable efforts to replace it with a comparable service or feature, or to find you an alternative vendor, but we are not obligated to do so. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account. If we cancel the service without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.
    2. By You
      You may cancel your service at any time for any reason. Go to http://www.impera.com/default.aspx?tabid=58 for information about canceling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account. We will refund the unused portion of your service charge for the applicable period on a pro rata basis.
    3. Data
      Upon termination or cancellation of the service by you or us for any reason, Impera may delete your data permanently from our servers or the servers of any of our vendors. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
    4. Waiver of rights and obligations
      To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.
  7. Limits On Service
    Impera may establish limits on the service. If you exceed the published service limits, Impera reserves the right to cancel your service. For example, we may limit:
    1. the number of days the service will retain e-mail messages, voicemail messages and other content that Impera, you or other users may post or provide,
    2. the number and size of email messages, voicemail message and other content that Impera, you or other users may send or receive through the service,
    3. the maximum storage space for emails, voicemails and other content on Impera’s servers,
    4. the number of users on your account or any associated accounts,
    5. the number of service accounts to which you may subscribe with one credit card,
    6. low long we retain an inactive service account, which we define as one where you do not use any portion of our product or services for an extended period of time, and,
    7. the number of transactions you can conduct through the service.
  8. A Service May be a Pre-release Version
    A particular service may be a pre-release version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a pre-release service at any time without advance notice to you.
  9. Impera Does Not Have Editorial Control
    1. Content
      Impera, you and your associated account users and third parties may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Web sites (“content”) on the appliance. You agree to use the appliance and this service in accordance with this contract and any other notices or codes of conduct that we provide. You must be a current account holder for a service that gives you access or an associated account holder authorized to access the appliance and this service.
    2. Intellectual Property Rights
      Impera does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others’ copyrights and intellectual property rights violates this contract. You represent and warrant that the use and publication of the content by you and others does not violate the intellectual property rights of any third party. You understand that Impera may remove content at any time without notice when the content violates this contract or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.
  10. Privacy
    1. Monitoring your use
      We consider your use of the appliance and our service to be private. However, to the maximum extent permitted by law, you authorize Impera to access or disclose information about you, your account, your data, your content and your communications when we have a good faith reason to believe it is necessary to do so to
      1. comply with the law or legal process served on us
      2. enforce and investigate potential violations of this contract, including use of the service to participate in or facilitate activities that violate the law,
      3. protect the rights, property or safety of Impera, its employees, customers, or the public.
    2. Transfer of Personal Information
      Personal information collected through the service may be stored and processed in the United States or any other country or region in which Impera or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country or region.
    3. Performance and Usage Data
      In order In order to provide you the service, we may collect certain information about service performance, your appliance, your network and your service use. We may automatically upload this information from your computer. This data will not personally identify you. You may read about this information collection in more detail in the http://www.impera.com/default.aspx?tabid=70.
    4. Filtering Technology
      We may use technology or other means to protect the service, protect our customers or stop you from breaching this contract. Examples include filtering to stop spam or increase security. These means may hinder your use of the service.
  11. Software
    All software is provided subject to the applicable end-user license agreement included with the product and you agree that you will be bound by such license agreement. Warranties, if any, for the software shall be in accordance with the applicable license agreement. Impera does not warranty any software under these terms and conditions.
  12. Intellectual Property Rights
    Impera retains all right, title and interest in and to the service, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Impera reserves all rights not expressly granted. This contract does not grant or imply any rights to any Impera trademarks, trade names or logos.
  13. Feedback
    If you give feedback about the service to Impera, you give to Impera, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a Impera software or service that includes the feedback. You will not give feedback that is subject to a license that requires Impera to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.

 

  1. Miscellaneous
    1. Force Majeure
      Impera will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including war. Invasion, electrical shortages, terrorist attacks, earthquakes, or acts of God.
    2. Indemnity
      You agree to defend, indemnify and hold the Impera parties harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of the service, violation of this contract, or violation of any third-party’s rights.
    3. Geographic Limitations
      The Services described in this Service Agreement will only be available to original purchasers of the System located within the United States as determined by Impera, and to any person who receives this Service Agreement through a transfer from the original buyer in accordance with Impera’s transfer procedures. Some Services may be limited to the product’s original shipment location.

      The Services may not be available on all products in all locations, and additional charges, terms, and conditions may apply in certain locations. If Customer elects not to pay such additional charge, Impera may cancel Customer’s Service Agreement.
    4. Assignment
      Impera reserves the right to assign its rights and obligations under this Agreement, in whole or in part, to a qualified third party designated by Impera at any time without notice to Customer. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service.
    5. Warranty Exclusion
      Impera makes no warranty, either express or implied, about the reliability and accuracy of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.

      We provide the service “as-is”, “with all faults” and “as available”. You bear the risk of using it. To the maximum extent permitted by law, the Impera Parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.
    6. Governing Law
      This Agreement, and all matters arising out of or related to this Agreement, shall be governed by the laws of the State of California without, without regard to conflicts of laws roles.
    7. Binding Arbitration
      ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND IMPERA, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Impera") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Impera's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com/, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and Impera.

      NEITHER CUSTOMER NOR IMPERA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Impera will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

      Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
    8. LIMITS OF LIABILITY

      Exclusion of Liability: IN NO EVENT WILL IMPERA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, PROFIT, LOSS OF USE) ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IMPERA OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      Total Liability: IN NO EVENT SHALL IMPERA’S LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE LIABILITY EXCEEDS THE PRICE PAID BY CUSTOMER, EXCEED AN AMOUNT EQUAL TO CUSTOMER SERVICE CHARGE FOR ONE MONTH.

      Basis of Bargain: Customer acknowledges that Impera has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between Impera and Customer

      THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

      Claims Must be Filed Within One Year
      To the extent permitted by law, any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to Impera and its successors and assigns.
    9. Entire Agreement
      This Agreement constitutes the entire and sole agreement between Customer and Impera with respect to its subject matter and supersedes all prior agreements, representations, and warranties and understanding with respect to the subject matter of these terms. None of Impera’s employees or agents may orally vary the terms and conditions of this Agreement.
    10. Severability
      If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will remain in full force and effect.
    11. Waiver
      The failure of Impera to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
    12. Headings
      All headings contained in this Agreement are inserted for identification and convenience, and will not be deemed part of this Agreement for purposes of interpretation.
    13. Notices
      This contract is in electronic form. We have the right to send you information in electronic form. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.

      We may provide required information to you in the support area of our website or by email at the email address you specified when you signed up for the service.

      Notices will be deemed given and received on the transmission date of the e-mail as long as you can access and use the service and you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service

      All notices to Impera must be in English, in writing, and will be deemed given when entered into Impera’s support website, delivered by hand or five (5 days) after being sent to the address or to the facsimile numbers set forth below, using a method that provides for positive confirmation of delivery:

Impera LLC
25108 Marguerite Parkway
Suite a-115
Mission Viejo, CA 92692
Fascimile: 866.339.8783

We cannot accept email notices at this time.