EZ-Net Tools 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-Net Tools 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 Electroportal; however, you will remain responsible for all charges until
Electroportal 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 of services agreed upon
during activation or later modified by written correspondence. Due to costs
incurred in setting up a user account, moneys paid to Electroportal is
non-refundable. Electroportal reserves the right to negotiate payment options
and adjust payment plans as circumstances dictate. Use of certain special EZ-Net
Tools features may be subject to additional charges. Electroportal reserves the
right to change fees or institute new charges at any time, effective upon a
30-day notice to current EZ-Net Tools Members, either through electronic or
conventional mail.
2. Billing:
Electroportal' charges will be billed monthly
to the Members' email address or conventional mail address if so indicated at
the time of registration. The Members initial fees will include the sign-up fee
and the first month of service. Charges are exclusive of sales, use, and other
taxes which are the responsibility of the Member.
3. Method of Payment:
Following the initial payment made
during sign-up, subsequent EZ-Net Tools charges will be paid by check or money
order and be mailed to 236 W. Portal Ave. # 510 San Francisco, CA 94127 by the
20th of each month. Electroportal may offer additional means of payment;
including, automatic funds transfer, credit card transactions, and other payment
methods. You may not place orders or attempt to pay for EZ-Net Tools services
using any expired, false, or unauthorized bank or credit card. Checks issued on
closed accounts or insufficient fund checks may be subject to a $25.00 handling
fee. Image Professionals 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.
4. 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 Electroportal or the Member.
Members may terminate service by sending written notice to Electroportal using
either electronic or conventional mail. Termination will be effective on the day
that Electroportal receives the notice or on the future date specified in the
notice.
Electroportal 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. Electroportal reserves the right to terminate service without notice upon a breach of EZ-Net Tools terms and conditions or misuse of any kind.
2. Monitoring Accounts:
Electroportal does not monitor
any Member's account. However, Electroportal, at its sole discretion, reserves
the right to review or edit any material or information submitted for display or
placed on EZ-Net Tools server, with the exception of private electronic messages
that will be reviewed only if required to do so by law. Electroportal may
terminate immediately the account of any subscriber who misuses any EZ-Net Tools
services.
3. Limitation of Liability:
Electroportal and EZ-Net
Tools does not warrant that the services or the information or programs
contained on an EZ-Net Tools server will meet your requirements or that the
operations of an EZ-Net Tools server will be uninterrupted or error-free; nor
does Electroportal and EZ-Net Tools make any warranty as to the results obtained
from the use of EZ-Net Tools services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL ELECTROPORTAL OR EZ-NET TOOLS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE EZ-NET TOOLS 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-NET TOOLS 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 Electroportal or EZ-Net Tools' total liability for all damages, losses, and causes of actions, whether in contract, tort, including negligence, or otherwise exceed $100.
4. Disclaimer of Warranties:
YOU USE EZ-NET TOOLS
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-NET TOOLS EMPLOYEE OR ITS
AGENTS SHALL CREATE A WARRANTY.
5. Indemnity:
You shall hold Electroportal and EZ-Net
Tools harmless from any claims and expenses, including reasonable attorneys'
fees, related to your violation of these terms and conditions.
6. Notices:
Electroportal or EZ-Net Tools notices to
Members may be given by means of electronic messages through the Internet, by a
general posting on an EZ-Net Tools server, or by certified mail. All notices to
Electroportal from Members should be made in writing and sent via certified mail
to 236 W. Portal Ave. # 510 San Francisco, CA 94127 or sent via electronic mail
to accounting@electroportal.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 Electroportal and
the Member shall be governed by and construed in accordance with the laws of the
State of California. These terms and conditions constitute the entire agreement
between the parties with respect to the use of EZ-Net Tools services.