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The agreement below is posted to set the standards, restrictions, and consequences of use/abuse of the e-BZZZ service. Please return here often to view any changes. The most recent changes will be in red.
e-BZZZ, Inc. reserves the right to change, update and append this agreement as necessary without notice.
e-BZZZ, Inc.,
located at 48 Oak Terrace Ct., Suite 100, Batavia, Illinois, 60510, ("e-BZZZ") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
e-BZZZ exercises no control whatsoever over the content of the information passing through e-BZZZ'S system. Use of any information obtained via e-BZZZ is at User's risk. Neither e-BZZZ nor any of its affiliates, its licensors, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does e-BZZZ make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY e-BZZZ, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER e-BZZZ NOR ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. (Top)
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL e-BZZZ, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT e-BZZZ IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, e-BZZZ'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S
SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of e-BZZZ in operating the Service, User's sole and exclusive remedy is to discontinue using the Service. (Top)
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold e-BZZZ, its affiliates, its licensors, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by e-BZZZ, its licensors, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify e-BZZZ in writing of any claim of which it is obligated under this indemnity. User shall have the
right to assume the defense of any such claim. User and e-BZZZ shall confer as to and agree on the legal counsel(s) to be selected in any such defense. (Top)
Age Limit
User represents to e-BZZZ that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. (Top)
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. e-BZZZ has no control over and accepts no responsibility whatsoever for such materials. (Top)
Prohibited Uses
User may not:
• restrict or inhibit any other user from using and enjoying the Internet;
• attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• send unsolicited advertising or promotional materials to other network users (SPAM and UCE); *See Appendix A
• allow users to run Maillist, Listserv or any form of auto-responds from User's account;
• run or activate processes while User is not logged in;
• violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity; such as denial of service attacks and ping floods.
• violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
• violate the e-BZZZ Abuse Policy. (See the Abuse Policy.)
• e-BZZZ has no obligation to monitor the Service. However, User agrees that e-BZZZ has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. e-BZZZ will not intentionally monitor or disclose any private E-mail message unless required by law. e-BZZZ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. e-BZZZ reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of e-BZZZ following payment of a reconnection charge, to be determined by e-BZZZ in its sole and absolute discretion.
Like all services,
e-BZZZ reserves the right to refuse [custom domain] service if we think that
its intended usage may be illegal or harmful to e-BZZZ or to the rest of the
net. (Top)
Terms of Payment
User shall be responsible for any and all fixed and accumulative charges for User's account. The first-quarter service fee (or other amount for another available billing period selected) is due upon account setup. Each succeeding quarter (or other billing period selected) from the date of the application, User's account shall be charged the same periodic access fee in advance for the next period. These fees are due on that date and shall be considered in arrears if not paid by that date. Failure to use this account(s) does not relieve User of payment obligations.
Each hosting account is entitled to 0.5 hour customer service per month (non-accumulatable) at no charge. Service is recorded as performed. All services requested by user shall be charged at the hourly billing rate
or subtracted from a Prepaid Customer Support Agreement purchased at a
discounted rate. e-BZZZ, at its option, may require a
customer to purchase a Prepaid Customer Support Agreement as a condition of
service. e-BZZZ, at its option, also may require customer payment by
credit card. (See Current Billing Rates page.)
A User agrees to allow e-BZZZ to bill his or her card on each successive billing date
after the initial charge without obtaining User's permission. A credit card User shall notify e-BZZZ of any changes in credit card number or expiration date. If the card is not honored for any reason, e-BZZZ,
at its option, may temporarily disable User's login until new card data is supplied.
If payment is by check, User's
are responsible for seeing that the check arrives at the e-BZZZ office on or
before the due date. Dishonored checks are subject to a collection fee to be determined by e-BZZZ in its sole and absolute discretion, and User's account may be suspended until the account is current. If payment is not received on due date, e-BZZZ,
at its option, may temporarily disable User's login until payment is satisfied.
If any account is in arrears for more than 30 days, e-BZZZ, at its option,
may discontinue service altogether.
e-BZZZ maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event e-BZZZ utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of e-BZZZ'S attorneys' fees and costs in the collection of these sums. (Top)
Right to Cancel
e-BZZZ reserves the right to cancel Service for any reason without prior notice. In case of cancellation, unused fees may or may not be returned to User on a pro-rata basis. Pro-rated refunds are calculated using USERS current monthly service rate, and pro-rating occurs on a monthly basis only.
User must notify e-BZZZ via telephone or in writing to cancel Service. Cancellations submitted to e-BZZZ via e-mail will not be honored. Fees for any setup and the first quarter's Service are not refundable.
Refunds for prepaid service after the first quarter (three months) will be based on the number of months the service was used. Example: Cancellation of prepaid quarterly account after 5 months, second quarter payment of $150.00 less $100.00 equals $50.00 refund.
Any customer for whom the $150.00 domain-moving fee has been waved for
agreeing to remain a customer for a minimum of one year, shall also be
required to pay the $150.00 fee before the account is closed, if the
customer has paid for less than one-year of services. (Top)
No Confidentiality
Information transmitted through e-BZZZ and through the Internet in general is not confidential. e-BZZZ can not and shall not guarantee privacy or protection of any User. e-BZZZ reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of e-BZZZ. (Top)
Customer Information
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, and unless User notifies e-BZZZ to the contrary by calling
630-587-8855, e-BZZZ may publish User's name and other consumer information in one or more directories
or search engines which may be accessed by other Internet users. In addition, unless User notifies e-BZZZ to the contrary as provided above, e-BZZZ may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available. e-BZZZ will NOT under any circumstances sell or distribute its email lists for any purpose. (Top)
Multiple Connections
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning use of User's account to others for any reason is explicitly prohibited. User will be liable for any abuse or wrongdoing perpetrated through said User's account. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.
**** Violation of these terms shall constitute theft of Service and may be prosecuted under civil and criminal law. (Top)
Purchases on the Service
If User wishes to make purchases through the Service, User may be asked by the merchant or service provider from whom User is making the purchase to supply certain information, including credit card or other payment-mechanism information. User agrees that all information User may provide any merchant or information or service provider through the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases through the Service. (Top)
System Backup Policies
e-BZZZ contracts with a vendor to perform system backups for system, not data, integrity purposes. e-BZZZ shall not be held responsible for any lost Web data, Web files, or any Web site contents, regardless of the reasons for data loss or system causes. Except as otherwise set forth herein, e-BZZZ will not provide historical data, to any party for any reason, regarding any system or Internet activity.
e-BZZZ shall not be held responsible for any lost
email data, email attachments, or any email-message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, e-BZZZ will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Users are responsible for maintaining their own backups. e-BZZZ technical support, in attempting to recover lost data, for whatever reason, shall
bill User at the current hourly billing rate, unless User has a prepaid
Customer Support Agreement. (See Current Billing Rates page.) (Top)
Use of Network Connection
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 20 minutes). User authorizes e-BZZZ to enforce this restriction by appropriate software and network measures, automated and/or manual.
No User shall maintain an open connection to
an e-BZZZ network for any purpose other than to actively use the Service. "Active use" is considered to be: checking your email and responding, browsing the Web, playing games, reading news groups, downloading files, editing a Web site or any other active hands-on application or function of the Internet.
User is considered to be in violation of this agreement if: the connection is left open for the sole purpose of collecting email, monitoring news groups, monitoring remote networks, receiving faxes or any other automated function or application that does not require User intervention. This includes auto-redial of a dropped connection.
e-BZZZ reserves the right to monitor a suspected violating User's connection for throughput to determine if said User is in violation of this agreement. If said User is found to be in violation of this agreement, User will be warned of the violation. If User is found again, to be in violation of this agreement, User's account will be immediately terminated with NO REFUND of previously paid fees. (Top)
Failure to Comply With Terms and Conditions
e-BZZZ may deny User access to all or part of the Service without notice if User engages in any conduct or activities that e-BZZZ, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If e-BZZZ denies User access to the Service because of such a violation. User shall have no right (1) to access through e-BZZZ any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through e-BZZZ, and e-BZZZ shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. (Top)
Miscellaneous
User agrees to notify e-BZZZ if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to e-BZZZ.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
e-BZZZ'S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
e-BZZZ may modify this Agreement from time to time by placing a notice of such modification at http://www.e-BZZZ.com/svcpgs/cos_mod.htm, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
e-BZZZ shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of e-BZZZ.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming e-BZZZ as the defendant, shall be proper only in a venue determined by e-BZZZ.
In any action between e-BZZZ and User to enforce any of the terms of this Agreement, e-BZZZ shall be entitled to recover expenses, including reasonable attorney's fees. (Top)
Appendix A:
Users of e-BZZZ's services may contact e-BZZZ at any time if they receive any material they deem to be offensive or excessive. e-BZZZ will attempt to stop such material through e-BZZZ'S service by any means deemed necessary, not limited to litigation of any offenders. Any unsolicited messages (email) sent to or through e-BZZZ'S servers will be charged at a rate of $1.00 per message. e-BZZZ will initiate all billing and receipt for said charges. All charges collected for abuse of service will be paid to e-BZZZ with no obligation to User.
Any user found to be utilizing e-BZZZ's
service for transmitting unsolicited commercial email (UCE) or (SPAM) will be terminated immediately as a client without refund or compensation of any sort. User will be charged $250.00 in addition to the $1.00 per message stated above, to cover e-BZZZ employees' lost time.
SPAMMING is defined by e-BZZZ as sending unsolicited or promotional email in a global manner to email accounts that are not customers of the sender, or have not requested or authorized the sender to send such messages. This includes any list of addresses purchased or acquired from any source whether credible or not. Direct marketing or bulk email is considered to be a fancy word for SPAM or Unsolicited Commercial Email (UCE). (Top)
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