Terms of Service

End User License Agreement ("EULA")

Do not use Instant Web Message™ until you have read and accepted all of the following user license terms.

By proceeding beyond this page, you will be deemed to be in acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with Live Conference Pro, LLC.

Instant Web Message™ was developed to provide audio and video messaging solutions for consumer and business clients. This audio and video messaging communication service consists of a recording dashboard and a web-based control panel for managing your recorded messages.

Instant Web Message™ is proprietary to Live Conference Pro, LLC and is protected by international copyright, and is legally protected for resale to Instant Web Message™ customers.

This "EULA" discloses all terms and conditions under which Live Conference Pro, LLC, (referred to hereafter as "Provider") will provide the Instant Web Message™ audio and video messaging system to you.

By proceeding beyond this page and purchasing an Instant Web Message™ account, you enter into a legally binding "EULA" and have agreed to comply with the Terms and Conditions regarding your usage of the Instant Web Message™ audio and video messaging system. If you are not in agreement with the terms and conditions set forth in this "EULA", you are not authorized to use the Instant Web Message™ audio and video messaging system.

Provider grants to you a non-exclusive, non-transferable license to use Instant Web Message™ solely for your personal or business use. Your Instant Web Message™ account is considered "in use" when an audio and/or video message is recorded, stored in your account. You are not permitted to modify, translate, reverse engineer, decompile or disassemble any components of the Instant Web Message™ system. Provider reserves all rights not expressly granted herein.

Your Responsibilities:
In order to ensure the system-wide integrity of Instant Web Message™ subscriber services, we have deemed several activities as unacceptable uses. It is understood that all parties utilizing Instant Web Message™ are prohibited from participating in conduct which is unlawful or which inhibits another user from using Instant Web Message™; or which Provider, in its sole discretion, determines to be unacceptable. See sub-paragraphs of this section below.

Provider reserves the right to immediately terminate your account without notice at its sole discretion, if you or others who use your account violate any of these unacceptable uses of the Instant Web Message™ system. Your account will be terminated and your IP flagged to prevent further system access.

Failure by Provider to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver of said behavior in the future.

All information, transmitted or shared is the sole responsibility of the account owner (this is you) and Provider is not responsible for any such content.

Provider expresses no views as to the content and subject matter presented by anyone using the Instant Web Message™ system.

No illegal or fraudulent use:
You will not use, or allow others to use, your Instant Web Message™ system to violate any applicable federal, state, local or international laws. You will not use or allow others to use your Instant Web Message™ to commit a crime or to plan, encourage, or help others to commit a crime. This is including but not limited to engaging in illegal pyramid schemes.

No pornographic usage:
You will not use, or allow others to use, your Instant Web Message™ system to record sexually-explicit audio or video messages.

No copyright or trademark infringement:
You will not use your Instant Web Message™ account to send or receive any information which infringes on patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity.

Hacking:
You will not use, or allow others to use, your Instant Web Message™ to access the accounts of others or to attempt to penetrate security measures of the Instant Web Message™ system or other computer systems "hacking". You will not use tools designed to compromise network security such as packet sniffers or network probing tools.

Disruption of Service:
You will not use, or allow others to use, your Instant Web Message™ account to disrupt the Instant Web Message™ network or computer equipment owned by other subscribers. You will not use, or allow others to use, your Instant Web Message™ to disrupt other Internet Service Provider services, including but not limited to email bombing or the use of mass mailing programs.

Impersonation or Forgery:
You will not impersonate another user, falsify your Guest username, age or identity using the Instant Web Message™ system. You will not forge any message of any electronic transmission, originating or passing through your Instant Web Message™ account.

Provider reserves the right to delete any profane, offensive or unacceptable audio or video messages. You are entirely liable for all participant behavior and activities conducted while using your Instant Web Message™ account.

In consideration for use of the Instant Web Message™ system, you agree to:

Provide true, accurate and complete information about yourself as prompted by the registration forms, to maintain and promptly update the Registration Data to keep it true, accurate and complete and to notify Instant Web Message™ of any unauthorized use of your account, password or other breach of security.

Bandwidth Usage:
Your Instant Web Message™ account is governed by the disk storage and bandwidth allocation as indicated in the plan you purchased. You can at anytime, contact the Provider and purchase an increase in the number of audio or video messages allowed to be saved to your account, the recording time, and the number of streaming minutes allowed per billing cycle.

Viruses:
You will not use, or allow others to use, your account to intentionally transmit computer "viruses" or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software.

U.C.E. SPAM:
Provider will not tolerate SPAM activities. You agree not to use your account for any purpose DIRECTLY OR INDIRECTLY related to SPAM. You may not send out U.C.E. SPAM that includes a link to your Instant Web Message™ audio and video messaging services or recorded messages.

System Maintenance & Stability:
Periodically, the Instant Web Message™ server(s) will undergo routine maintenance or be subjected to unexpected technical problems and issues. Provider ensures best efforts will be utilized to perform maintenance as quickly and efficiently as possible, and to respond to technical problems promptly to reduce user downtime. Provider will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by customers; or temporary or permanent loss of data.

Disclaimer of Warranties and Limitation of Liability:
You agree to use the Instant Web Message™ system at your sole risk. Instant Web Message™ is provided on an "as-is basis," without warranties of any kind, including without limitation any warranties of non-infringement, fitness for a particular purpose and merchantability. Provider does not warrant uninterrupted use of the Instant Web Message™ system. Provider does not warrant that the Instant Web Message™ system will be error-free, free of viruses or other harmful components. Provider does not warrant that any data or files you send or receive via the Instant Web Message™ will be free from unauthorized access by others or that other users will be unable to gain access to your computer.

Limitation Of Liability & Exclusive Remedy:
Provider's liability and your exclusive remedy with respect to the use of the Instant Web Message™ system or any breach by Provider of any obligation Provider may have under this "EULA" shall be your ability to terminate your Instant Web Message™ account.

Force Majeure:
You agree that Instant Web Message™ will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of other facilities of another company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Instant Web Message™ system.

Indemnification:
You agree to indemnify and hold Provider harmless from any claims brought against Provider related to your use of the Instant Web Message™ system. You agree to pay any attorneys' fees incurred by Provider in bringing any action related to the Instant Web Message™ system or a breach of the terms of this "EULA".

Scope Of "EULA":
This "EULA" and the items referenced in this "EULA" constitute the entire "EULA" with respect to the Instant Web Message™ audio and video messaging system and your account. This "EULA" supercedes and nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this "EULA". This "EULA" is not intended to give and does not give any rights or remedies to any person other than you and Provider.

Governing Law:
This "EULA" and all matters arising out of or related to this "EULA" will be governed by the laws of the State of Utah, USA, without regard to conflicts of law provisions. You agree that the state and federal courts of Utah and the United States of America alone have jurisdiction over all disputes arising under this "EULA" and you consent to personal jurisdiction of those courts.

Provider may change, amend, alter, or modify this "EULA" at any time. Provider may notify you of any change either by posting that change at www.InstantWebMessage.com/eula.html, or by sending you this information to your registered email address. If you continue to use Instant Web Message™ audio and video messaging services after notice has been made of a change, you agree to accept those changes.

Assignment:
You may not assign this "EULA" or your rights or obligations under this "EULA".

Export Controls:
The Instant Web Message™ client interfaces may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Legal and Ethical Enforcement:
Provider will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, Provider has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by Provider would include all steps that Provider deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.

Waiver:
Except as otherwise provided herein, the failure of any party to enforce any provision of this "EULA" will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

Money-Back Guarantee:
You will have a full year from the date of purchase to use the Instant Web Message™ system. If for any reason you are not satisfied with the service, you may cancel and receive a refund of the last 30 days of use.