Terms of Use and Service Agreement

By registering, creating an account, using the software, signing a Proposal Work Order for Service, and/or making payment for services provided by Internet Media Consultants, LLC (IMC), or any of its affiliated entities (COMPANY), you (the USER) agree to these Terms of Use and Service.

You confirm that you are of legal age, the information provided during registration is accurate, and you have the authority to bind yourself or your business entity to these terms.

IMC’s services, including all software platforms, are provided for business use only. Once accepted, these Terms, together with IMC’s Privacy Policy and applicable agreements, become a binding legal agreement between you and IMC. Certain components may be governed by open-source licenses, which take precedence over these Terms.

IMC may modify these Terms at any time, with changes effective immediately upon posting. Continued use of the platform confirms your acceptance of the updated Terms.

IMC is not liable for disputes, claims, or damages arising from your interactions with your customers. You are responsible for establishing your own terms of service to govern those relationships. Users, Affiliates, or Partners of the platform are not considered employees, contractors, or agents of IMC. IMC provides access to the platform but does not oversee your business activities, or the business activities of its Affiliates or Partners.

Your use of IMC’s platform signifies your agreement to these Terms.

Obligations to Terms and Conditions

All Users who have a Service Contract with IMC directly, an Affiliate or a Partner of IMC, are required to adhere to these Terms and Conditions with respect to the Use of Service provided by IMC. Regardless of any additional terms or agreements established with an Affiliate or Partner, the User’s access to and use of IMC’s software platforms is governed by the Terms outlined in this Agreement. By utilizing IMC’s software, Users acknowledge and accept their obligation to comply with these Terms as a binding condition of service.

DEFINITIONS

  • User: The individual or entity who registers for, accesses, or uses the Software and Services provided by IMC. This term includes both the individual account holder and any authorized representatives acting on behalf of a business entity.
  • Company: Refers to Internet Media Consultants, LLC (IMC), a provider of SaaS solutions, including enVisioncloud Websites, enVisioncloud CRM, Revi3wsPro, XeBits Digital Business Cards, Single Property Websites, MoreRealEstateLeads, and Firefly Funnels. “Company” is used interchangeably with “IMC” throughout this Agreement.
  • Affiliate: is an individual or entity that refers the use of the software to their customers or associates.  Affiliates operate independently and are not employees of IMC.
  • Partner: A business entity or individual who has completed advanced training on the software platforms and offers a comprehensive, full-service solution to their customers, leveraging their expertise to maximize value.  Partners operate independently and are not employees of IMC.
  • Software: The proprietary technology platforms and applications developed and owned by IMC, provided as part of its SaaS offerings. This includes, but is not limited to, enVisioncloud Websites, enVisioncloud CRM, Revi3wsPro, XeBits Digital Business Cards, Single Property Websites, and Firefly Funnels. Software also encompasses all associated updates, features, and functionalities made available by IMC.
  • SaaS (Software as a Service): SaaS, or Software as a Service, is a cloud-based model where users access software online through a subscription, rather than purchasing and installing it on their own devices.

INTENDED USE

IMC’s services, including all software platforms, must be used strictly for lawful purposes. Any use that violates laws or regulations, threatens the integrity of the Service, or harms its users is strictly prohibited. Below is a detailed outline of prohibited uses and activities:

  1. Illegal Activities
    • Any use that violates local, state, national, or international laws is forbidden.
    • Examples include, but are not limited to, fraud, identity theft, distribution of pirated software or materials, and promotion of illegal goods or services.
    • Uploading, sharing, or hosting material that exploits or abuses others, such as child pornography or human trafficking content, is expressly prohibited.
  2. Unauthorized Automation
    • Use of bots, crawlers, or any form of automated tools to interact with IMC’s services without explicit permission is not allowed.
    • Automated processes designed to extract data, overload servers, or manipulate the platform in any way are strictly forbidden.
  3. Spam and Unsolicited Messaging
    • Sending bulk unsolicited messages, advertisements, or promotional content using IMC’s software is prohibited.
    • This applies to email campaigns, text messages, and any feature within the platform designed for communication.
  4. Malicious Actions
    • Any action designed to harm, disrupt, or interfere with the functionality of the Service or others’ use of it is unlawful.
    • Prohibited activities include distributing malware, viruses, ransomware, or launching DDoS (Distributed Denial of Service) attacks.
    • Attempts to gain unauthorized access to IMC servers, user accounts, or data are strictly off-limits.
  5. Harmful Content
    • Do not upload, publish, or distribute any content that promotes violence, hate speech, harassment, or abuse.
    • Content that is defamatory, libelous, or could cause reputational harm to individuals or organizations is also prohibited.
    • Distribution of copyrighted content, trademarks, or intellectual property without proper authorization is illegal and constitutes a violation.
  6. Causing Harm to Other Users
    • Any activity that undermines the privacy, safety, or experience of others using IMC’s services is unacceptable.
    • Examples include phishing attempts, stalking, or exposing sensitive or personal information without consent.

IMC reserves the right to take immediate action if users are found engaging in these prohibited activities. Such actions may include suspension or termination of service, reporting unlawful conduct to relevant authorities, and pursuing legal action. By using IMC's services, you agree to uphold these guidelines and ensure all activities and content remain compliant with legal and ethical standards.

PAYMENTS

Service Contracts with IMC Direct Customers/Users

All Services provided by IMC are delivered on a subscription model basis, or Software as a Service (SaaS), with monthly payments due in advance. For Users who sign a Service contract directly with IMC and who pay their fees directly to IMC, the first payment is required before service delivery, with subsequent payments automatically charged every thirty (30) days. Payment is due upon receipt of an invoice via credit card or ACH. IMC will notify Users of any changes to subscription fees. Payments are non-refundable during the active billing cycle, and failure to pay may result in suspension or termination.

The first monthly payment must be received by IMC prior to delivery of any services or access to any software platform,including services requiring a set-up fee. IMC will charge the first monthly fee to the credit card or payment method provided by User upon receipt of the signed Service Agreement and completion of any website development or other Service set up, and will automatically charge all subsequent fees to that payment method every thirty (30) days (or at the beginning of each new Billing Cycle) until the account is canceled or terminated. If User chooses not to pay by credit card or ACH, payment is due upon receipt of invoice on a quarterly basis. IMC shall not increase monthly payments without prior notification to User.

Monthly payments are for activation and availability of services, regardless of User’s actual usage, including, but not limited to, server usage, email usage, SMS usage, or website technology provided by IMC or another third party through which fees are passed through the User.  All other terms of service apply.

User will also be charged for the renewal of domain name registration each year after the first year of service, if a domain name was registered by IMC for the User through IMC’s domain name registration reseller account.

Service Contracts with Affiliates or Partners

Some Users may establish Service Contracts with one of IMC's Affiliates or Partners. These Affiliates or Partners may provide additional services to the User in connection with IMC’s software platforms, such as enVisioncloud Websites, enVisioncloud CRM, Revi3wsPro, XeBits Digital Business Cards, Single Property Websites, or Firefly Funnels. While IMC serves as the provider of the underlying software, IMC is not responsible for the terms, conditions, or obligations outlined in the Service Contract between the User and the Affiliate or Partner that do not involve the terms specified within this Agreement.

Payment Obligations for Affiliate or Partner Users

Payments by Users for services provided under a Service Contract with an Affiliate or Partner must be made directly to the Affiliate or Partner, as specified in the terms of that contract. This includes, but is not limited to, setup fees, monthly or annual payments for hosting, and monthly software service fees associated with IMC’s platforms, such as enVisioncloud Websites, enVisioncloud CRM, Revi3wsPro, XeBits Digital Business Cards, Single Property Websites, or Firefly Funnels. Additionally, any marketing or ancillary services provided by the Affiliate or Partner will follow the payment terms outlined in the Service Contract. IMC is not responsible for processing these payments or resolving financial disputes between the User and the Affiliate or Partner.

STANDARD USE LICENSE

All IMC Software usage and access is licensed to the User, and grants you a non-exclusive, non-transferrable right to make use of the Software, and all associated software applications, only on IMC servers.  This license does not allow the transfer of complete files to another host or server. The Website is protected by copyright laws and intellectual property laws.  IMC retains all rights not expressly granted to you in this license.

  1. You are prohibited from altering, publishing, transmitting, engaging in the transfer or sale of, or creating derivative works from any content within the Software.
  2. Unless explicitly allowed under copyright law, you may not replicate, distribute, publish, display, or use any material from the Software for commercial purposes without prior written consent from IMC.
  3. If any copying is permitted (e.g., downloading content from the Website or Software to your computer), all author attributions, trademarks, legends, and copyright notices must remain intact and unaltered.

Third-Party Features and Plugins

IMC does not support the installation of third-party plugins or applications on its servers. IMC further does not allow or provide FTP access to any Users or its Agents. IMC may assist with embedding third-party scripts or code on your website's front end, only after thorough application vetting and approval.  The functionality of the third-party script cannot be guaranteed.

UNIQUE USER CONTENT

Website Content

User retains full ownership of any UNIQUE USER CONTENT. Unique User Content is defined as textual or graphical content which has been provided to IMC or IMC Affiliates or Partners by the User and is of User origin; graphical content or images created by IMC staff exclusively for the User and which is used on User’s website; and/or all application/lead data generated from User’s website or CRM forms.

IMC retains ownership of any content which does not fall under the definition of “Unique User Content” as defined above. This specifically refers to, but is not limited to, any WordPress themes or child themes, theme editors, plugins, calculators, database interfaces, markets and economy information, programs used on the server to process forms or applications or any other data, industry content provided by IMC, images, or graphics of stock content which is used by IMC to create customer websites or other digital products, unless otherwise agreed upon in the Service Contract.

Upon cancellation, User can be provided with a WordPress XML file containing any Unique User Content created for the website (theme and plugins not included). This file could be used to rebuild a WordPress theme on a new host.  Images are exported in a separate file, and will not be mapped to the page layout or content within the website files.  IMC’s proprietary website features (defined above) are not available to User in any file export type upon cancellation.  A fee for this file export may be incurred.

CRM Content

IMC's CRM software includes various templates, automations and content (referred to as "Platform Content") that are protected by copyright, trademark, and other intellectual property laws unless explicitly indicated otherwise. Platform Content does not include "User Contributions," which are any data, materials, images, documents or other content the User creates, uploads, or submits using the CRM software.

IMC grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content solely for the purpose of utilizing the CRM software and its features. This license is limited to making the Platform available for your intended use and does not grant ownership or rights to distribute or reproduce the Platform Content outside the permitted scope.

If you cancel your service, you are responsible for exporting your Contacts in CSV format before termination. Please note that any additional content created within the enVisioncloud Software, including but not limited to automations, emails, campaigns, and sales funnels, are non-transferable and non-downloadable. These features are designed to operate exclusively within the Platform and cannot be exported or replicated outside of it.

COPYRIGHT POLICY

It is User’s responsibility to ensure that all content and images uploaded to any software platform, or submitted to IMC for use in a website or marketing service, is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner.  No “borrowed” images (do not right-mouse-click and save).  Please provide us with your own photos and content. IMC is not responsible for verifying that content and images are not violating copyright laws. Visit the following website for more information: www.copyright.gov

TERM AND TERMINATION

This Agreement becomes effective on the date you place an order for Services and will remain in effect until terminated as outlined below.

  1. Cancellation by User
    • To cancel Services, you must provide written notice to IMC at least thirty (30) days before your next billing date by sending an email to [email protected] or with this link
    • Failure to provide the required notice may result in additional charges.
    • Prepaid amounts for any Services are non-refundable under any circumstances.
  2. Termination by IMC
    • IMC may terminate this Agreement for any reason or no reason by providing thirty (30) days' written notice to the User. The notice will be sent to the address most recently provided by the User.
    • IMC reserves the right to terminate this Agreement immediately in the following scenarios:
      • If the User fails to pay any fees owed.
      • If the User does not cooperate or interferes with IMC’s ability to perform services.
      • If the User includes adult material, illegal content, or inappropriate material on their website, deemed immoral or improper in any jurisdiction.
      • If the User includes content on their website that infringes on the intellectual property or rights of any third party.
  3. Termination Due to Breach
    • Either party may terminate this Agreement if the other party breaches a material obligation outlined here, provided the breaching party is given written notice and fails to rectify the breach within twenty (20) days of receiving the notice.

Continuation of Software Use After Termination of Partner Agreement

If the Affiliate or Partner has terminated their Partner Agreement with IMC, and/or has terminated their Service contract with the User, and the User wishes to continue using IMC’s software as part of their existing Service Contract, the User may directly engage with IMC to continue their software subscription. To do so, the User should contact IMC at [email protected] or request that the Affiliate or Partner with whom they have the Service Contract to contact IMC on their behalf.

IMC will assist with the transition process and provide guidance on how to transfer software-related payments and account management directly to IMC. The User must ensure that all outstanding payments with the Partner related to software usage are settled before initiating this transition.

Any additional services under the User’s contract with the Affiliate or Partner that are unrelated to IMC’s software will not be transferred or continued by IMC, and that responsibility for non-software terms lies solely between the User and the Affiliate or Partner.

WARRANTIES

User warrants that it has the right to publish and use User’s name, trademarks, service marks, domain names and other identification terms, graphics and/or symbols, all advertising content and all other content provided by User to IMC for inclusion on User’s web site and/or as advertising on or linking to other web sites; IMC may modify the software used to operate the Services from time to time at its sole discretion. IMC will use reasonable efforts to schedule maintenance down times for off-peak periods. IMC will not be responsible for loss of information stored in the web-based database and encourages that the User exports and stores all content and data on their local system. IMC does not support third party softwares, (i.e.: Outlook, Gmail).

With the exception of User’s indemnification obligations herein, neither IMC nor User shall be liable to the other for any special, direct, incidental, or consequential damages (including but not limited to such damages arising from breach of contract, breach of warranty, or negligence), or from interrupted communications, loss of use, loss of business, lost data, or lost revenue arising out of or in connection with this Agreement. IMC’s total liability to User shall be limited to no more than a refund of the monies received by IMC from User under this Agreement.

User agrees to defend (upon request) and indemnify IMC, its agents and employees, and to hold IMC harmless from any and all claims, demands, causes of action or damages, including reasonable attorneys’ fees, arising out of User or IMC’s use of content provided by User to IMC that a third party asserts is infringing its proprietary rights, is violating any confidentiality obligation, or is otherwise violating any law or causing harm to a third party.

The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employer/employee relationship is intended by this Agreement. Neither party may take action, which is binding on the other party. Neither party shall make any representations or warranties to third parties on behalf of the other party unless specified in writing and executed. This Agreement sets forth the entire understanding and agreement of the parties, and supercedes any and all prior oral or written agreements or understandings between parties, as to the subject matter of this Agreement. This Agreement may be changed only in writing signed by both parties. Waiver by either party of a breach of contract does not nullify this Agreement. This Agreement, including all matters relating to validity, construction, performance or enforcement hereof, shall be construed in accordance with laws of the State of Colorado, with the exception of its choice of laws provisions.

You Can Cancel Your Account Here

This Agreement is entered into, and shall be deemed to have been made, in Littleton, Colorado.

Updated January 23, 2025