Legal Stuff

Limitation of Liability and Indemnification

IN NO EVENT SHALL Insight Planners BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF Insight Planners SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Insight Planners' SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Insight Planners' SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Insight Planners HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Insight Planners' MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Insight Planners FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Insight Planners' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold Insight Planners harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Insight Planners' servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, child pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Insight Planners' equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Insight Planners' gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Insight Planners' Right to Terminate Agreement

Insight Planners reserves the right to suspend or terminate the Services to you and remove or prevent access to any Insight Planners servers at any time, without prior notice or liability, for any conduct that Insight Planners, in its sole discretion, believes violates this Agreement or is otherwise harmful to Insight Planners' interests or the interests of other accountholders. Insight Planners also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to Insight Planners servers) if any third-party claim is made that your content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of Insight Planners, which may be withheld at Insight Planners' discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Insight Planners to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Insight Planners of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Insight Planners. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Insight Planners and supersede and govern all prior proposals, agreements, or other communications.

Other Policies and Agreements

By accepting this agreement you also agree to our Acceptable use Policy (AUP) listed below.

Acceptable Use Policy

Use and Misuse of the Services

All complaints of abuse, violation and misuse of the Services shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@Insight Planners.com. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When Insight Planners becomes aware of possible violations of this Agreement, Insight Planners may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Insight Planners' servers. Insight Planners, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Insight Planners HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Insight Planners AS PART OF ITS INVESTIGATIONOF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM Insight Planners AS A RESULT OF Insight Planners' DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Insight Planners' CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

Use and Misuse of Materials

Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on Insight Planners'S servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. Insight Planners supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Insight Planners will not substitute itself for a court of law in deciding tort claims raised by the third party.

Email Use

Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Insight Planners by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user; propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at Insight Planners or elsewhere. Insight Planners recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Insight Planners may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information. Violations of the Insight Planners policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Insight Planners resources are affected, Insight Planners staff may shut down your mailbox.

System Security

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Insight Planners or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, Insight Planners reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Insight Planners will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

System Resources

System abuse includes any use of Insight Planners resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. Further, running programs in the background on a Insight Planners server without Insight Planners' prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Insight Planners' servers.

Privacy Policy

Insight Planners respects the privacy of every individual who visits our websites. This privacy statement provides notice of the standards and terms under which Insight Planners protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by Insight Planners, including http://www.insightplanners.com. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information. This website is not directed at children under 18 years of age.

The Information We Collect

Insight Planners may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. Insight Planners may also collect information about how Users use our website, for example, by tracking the number of unique views received by the pages of the website or the domains from which Users originate. We may use "cookies" to track how Users use our website. A cookie is a piece of software that a Web server can store on the Users' PC and use to identify the User should they visit the website again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our website.

How We Use Information

Insight Planners may use personally identifiable information collected through our website to contact Users regarding products and services offered by Insight Planners and its trusted affiliates and otherwise to enhance Users' experience with Insight Planners and such affiliates. Insight Planners may also use information collected through our website for research regarding the effectiveness of the website and the marketing, advertising and sales efforts of Insight Planners.

Disclosure of Information

Insight Planners may disclose information collected from Users to trusted affiliates, who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners.

Maintenance of Information

Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.

Questions

Users may direct questions concerning this Privacy Policy by email to Abuse@InsightPlanners.com