EZ-NetTools Terms & Conditions
The following terms and conditions apply to all persons and/or business entities (Members) using EZ-NetTools (Service). General InformationEZ-NetTools is a service offering Internet commerce services to businesses. EZ-NetTools' primary mission is to provide fast, reliable, and effective Internet services to its Members. The EZ-NetTools services are distributed through EZ-NetTools Inc. EZ-NetTools also provides website design and development services. Your registration with, or continued use of, EZ-NetTools constitutes your agreement to these terms and conditions and any disclaimers of warranty.
Part A: Use of EZ-NetTools1. License:EZ-NetTools grants you, the Member, a non-exclusive, non-transferable, limited license to use EZ-NetTools. Members will be issued an account number and password. The EZ-NetTools account cannot be assigned or transferred to any other person or entity without prior written consent of EZ-NetTools.
2. Member Responsibilities:Members are expressly prohibited from using EZ-NetTools to post or display any material or information that (a) is unlawful, inaccurate, threatening, libelous, obscene, profane, sexually offensive, or objectionable material, (b) infringes any intellectual property rights or other rights of any person or entity, (c) constitutes a criminal offense, (d) gives rise to civil liability, or (e) engages in any other form of activity that would otherwise violate any local, state, national, or international law. Members are expressly prohibited from using EZ-NetTools to send email that would be considered "spam" or to display any EZ-NetTools URL or address in email that may be considered to be "spam".
Definition of sexually offensive or objectionable information.
3. Copyrights:All rights, titles, and interests in downloaded software and/or information are and shall remain the exclusive property of the stated owners. You may not upload or reproduce in any way information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given expressed consent for on-line distribution, may be uploaded to software libraries. Failure to comply with this provision may result in immediate suspension or termination of your EZ-NetTools account. EZ-NetTools contains copyrighted material, trade secrets, and other proprietary software and documentation. You may not decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on EZ-NetTools in whole or in part.
4. Security:Members are responsible for the protection of their account numbers, passwords, and all charges associated with their accounts. In the event of any unauthorized access to your account, you must immediately notify EZ-NetTools; however, you will remain responsible for all charges until EZ-NetTools is notified. To protect yourself from unauthorized access to your account, we highly recommend that you change your password at least quarterly, and that you do not share your account number and/or password with anyone.
Part B: Billing and Payment
1. Charges:Members are responsible for payment for services agreed upon during activation or by written correspondence, including without limitation, website design and development. Monies paid to EZ-NetTools for Monthly Services are non-refundable. Website Development Agreements may be canceled at any time during the development process. If canceled within 3 (three) business days, there will be no penalty or obligation whatsoever and any funds paid will be refunded. After 3 (three) days, the refund will equal the funds paid less a 15 percent cancellation fee (of the agreement total) and any labor, services, and material costs that EZ-NetTools has incurred. The labor hours will be billed at our standard billing rate. If the amounts you have paid are less than cancellation fee and labor, service, and materials, then you are obligated to pay the difference. The Refund Eligibility Period is 90 (ninety) days. No refunds will be paid after 90 (ninety) days have passed from the date of the agreement.
Website Development agreements may be put on hold for up to 2 (two) years from the original date of the signed agreement. After a period of 2 (two) years the funds of the original agreement will be lost. If the customer would like to resume development before 2 (two) years, the funds paid on the original agreement will be available less labor and services provided.
EZ-NetTools reserves the right to negotiate payment options and adjust payment plans as circumstances dictate. Use of certain special EZ-NetTools features may be subject to additional charges. EZ-NetTools reserves the right to change fees or institute new charges at any time, effective upon a 30-day notice to current EZ-NetTools Members, either through electronic or conventional mail. When the design and development of a contracted website is purchased, you will be provided with a Welcome Website which is a temporary website you can modify and send customers to while your site is being built. Your email accounts and Hostware service are immediately available. Upon completion of the website, the balance is due and will be collected regardless of any Member delays in providing content. A contracted website design and development will be deemed complete when the webpages, regardless of content, are visible via the Internet and the website processes are functional. Monthly EZ-NetTools service fees are charged each month and begin on the date of the original sale regardless of content and domain name set-up. 2. Method of Payment:Following the initial payment, subsequent EZ-NetTools monthly charges are paid by automatic fund transfers, credit card transactions, and other payment methods. You may not place orders or attempt to pay for EZ-NetTools services using any expired, false, or unauthorized bank or credit card.
Checks or ACH (electronic checks) issued on closed accounts or insufficient fund checks may be subject to a $25.00 handling fee. Declined credit cards, expired credit cards may be subject to a $25.00 handling fee. EZ-NetTools charges a $200.00 fee to handle unauthorized credit card disputes. Unauthorized credit card disputes are those that are filed directly with a bank or credit card company without official communication or prior effort to resolve the dispute with EZ-NetTools.
To dispute a charge you must first contact our accounting department at accounting@eznettools.com and allow 14 business days for a response. You may also mail your dispute to EZ-NetTools, Attn: Accounting, 238 East 3000 North, Rexburg, ID 83440.
EZ-NetTools reserves the right to cancel your account, without notice, upon rejection of any credit card charges, nonpayment of authorized charges by your bank, or any other indication of credit problems.
3. Non-payment:A late payment finance charge of 1.5% per month shall be added to all outstanding amounts due. If payment is not received by the next billing cycle, Members will receive a reminder notice that payment is due and that service will be terminated if payment is not received by the following billing cycle.
If payment is not received by the following billing cycle, service will be terminated and collection of the past due amounts may be submitted to a collection agency. Members can reinstate service by paying all past due charges plus a deposit equal to one month's service.
Part C: General Provisions
1. Termination:Service may be terminated by either EZ-NetTools or the Member. Members may terminate service by sending a 30 day written notice to EZ-NetTools using either electronic or conventional mail. Cancellation notices received on billing day will not be cancelled until the following billing cycle and no refunds will be issued.
Termination will be effective on the day that EZ-NetTools next runs the regular billing cycle or on a future date specified in the notice.
EZ-NetTools may terminate service with at least 10 days advanced notice. If Members terminate a prepaid account, Members forfeit any remaining balances on the prepaid accounts. Members are liable for any charges incurred by them until termination. EZ-NetTools reserves the right to terminate service without notice upon a breach of EZ-NetTools terms and conditions or misuse of any kind.
2. Monitoring Accounts:EZ-NetTools does not monitor any Member's account. However, EZ-NetTools, at its sole discretion, reserves the right to review or edit any material or information submitted for display or placed on EZ-NetTools server, with the exception of private electronic messages that will be reviewed only if required to do so by law. EZ-NetTools may terminate immediately the account of any subscriber who misuses any EZ-NetTools services.
3. Limitation of Liability:EZ-NetTools and EZ-NetTools does not warrant that the services or the information or programs contained on an EZ-NetTools server will meet your requirements or that the operations of an EZ-NetTools server will be uninterrupted or error-free; nor does EZ-NetTools and EZ-NetTools make any warranty as to the results obtained from the use of EZ-NetTools services. Under no circumstances, including tort or negligence, shall EZ-NetTools or EZ-NetTools be liable for any indirect, incidental, special, or consequential damages that result from the use of or inability to use EZ-NetTools services or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operations or transmission, or any failure of performance whether or not caused by events beyond EZ-NetTools reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to records, programs, or services.
In no event shall EZ-NetTools or EZ-NetTools' total liability for all damages, losses, and causes of actions, whether in contract, tort, including negligence, or otherwise exceed $1000. 4. Disclaimer of Warranties:You use EZ-NetTools services at your sole risk. These services are provided "As is" and without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. No oral advice or written information given by an EZ-NetTools employee or its agents shall create a warranty.
5. Indemnity:You shall hold EZ-NetTools and EZ-NetTools harmless from any claims and expenses, including reasonable attorneys' fees, related to your violation of these terms and conditions.
6. Notices:EZ-NetTools or EZ-NetTools notices to Members may be given by means of electronic messages through the Internet, by a general posting on an EZ-NetTools server, or by certified mail. All notices to EZ-NetTools from Members should be made in writing and sent via certified mail to 238 East 3000 North, Rexburg, ID 83440 or sent via electronic mail to accounting@eznettools.com.
7. General Provisions:Should any of these terms and conditions be held to be void, invalid, unenforceable, or illegal by a court, the validity or enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
8. Miscellaneous:The agreement between EZ-NetTools and the Member shall be governed by and construed in accordance with the laws of the State of Idaho. The member further agrees that he will submit himself to the jurisdiction of the State of Idaho and that the 7th Judicial District for the State of Idaho in and for the county of Madison is the appropriate venue for the resolution of any legal claims or disputes which may arise out of this agreement. These terms and conditions constitute the entire agreement between the parties with respect to the use of EZ-NetTools services.
|
