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EZ Website Builders Terms and Conditions
The following terms and conditions apply to all persons and/or business entities (Members) using, EZ Website Builders Internet Presence Provider (IPP) and EZ-Net Tools (Service).
EZ Website Builders (IPP) is a service offering, Internet commerce services to businesses. EZ-Net Tools' primary mission is to provide fast, reliable and effective Internet services to its Members. EZ-Net Tools is distributed through EZ Website Builders. EZ Website Builders also provides website design and development services. Your registration with, or continued use of, EZ Website Builders and EZ-Net Tools constitutes your agreement to these terms and conditions and any disclaimers of warranty.
EZ Website Builders grants you, the Member, a non-exclusive, non-transferable, limited license to use EZ-Net Tools. Members will be issued an account number and password. The EZ-Net Tools account cannot be assigned or transferred to any other person or entity without prior written consent of EZ Website Builders.
2. Member Responsibilities:
Members are expressly prohibited from using EZ-Net Tools 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-Net Tools to send e-mail that would be considered "spam" or to display any EZ-Net Tools URL or address in e-mail that may be considered to be spam".
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-Net Tools account.
EZ Website Builders and EZ-Net Tools contain 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 Website Builders or EZ-Net Tools in whole or in part.
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 Website Builders; however, you will remain responsible for all charges until EZ Website Builders 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.
Members are responsible for payment of services agreed upon during activation or later modified by written correspondence, including without limitation, website design and development. Due to costs incurred in setting up a user account, money paid to EZ Website Builders is non-refundable.
Website Development Agreements may be cancelled at any time during the development process. 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 Website Builders has incurred. The labor hours will be billed at our standard billing rate. If the amounts paid are less than cancellation fee and labor, service, and materials, then the member is obligated to pay the difference.
EZ Website Builders 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. EZ Website Builders reserves the right to change fees or institute new charges at any time, effective upon a 30-day notice to current Members, either through electronic or conventional mail.
When the design and development of a 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 e-mail 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 purchased website design and development will be deemed complete when the web pages, regardless of content, are visible via the Internet and the website processes are functional. Monthly EZ Website Builders service fees are charged each month and begin on the date of the original sale regardless of content and domain name set-up.
EZ Website Builders' charges will be billed monthly, semi-annual, or yearly to the Members' e-mail 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 Website Builders charges will be paid by check or money order and be mailed to P. O. Box 1818 Glendale, AZ 85311-1818 by the 25th of each month. EZ Website Builders 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 Website Builders 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 $35.00 handling fee.
Declined credit cards, expired credit cards may be subject to a $35.00 handling fee. EZ Website Builders 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 Website Builders. To dispute a charge you must first contact our sales department at Sales@EZWB.com and allow 21 business days for a response. You may also mail your dispute to EZ Website Builders, Attn: Sales Department, P. O. Box 1818, Glendale, AZ 85311-1818.
EZ Website Builders 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.
A late payment finance charge of 2.0% 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.
Service may be terminated by either EZ Website Builders or the Member. Members may terminate service by sending written notice to EZ Website Builders using either electronic or conventional mail. Termination will be effective on the day that EZ Website Builders receives the notice or on the future date specified in the notice.
EZ Website Builders 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 Website Builders reserves the right to terminate service without notice upon a breach of EZ Website Builders terms and conditions or misuse of any kind.
2. Monitoring Accounts:
EZ Website Builders does not monitor any Member's account. However, EZ Website Builders, 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. EZ Website Builders may terminate immediately the account of any subscriber who misuses any EZ Website Builders services.
3. Limitation of Liability:
EZ Website Builders 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 EZ Website Builders and EZ-Net Tools make any warranty as to the results obtained from the use of EZ Website Builders services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL EZ WEBSITE BUILDERS 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 EZ Website Builders or EZ-Net Tools' 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 WEBSITE BUILDERS AND 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 WEBSITE BUILDERS OR EZ-NET TOOLS EMPLOYEE OR ITS AGENTS SHALL CREATE A WARRANTY.
You shall hold EZ Website Builders and EZ-Net Tools harmless from any claims and expenses, including reasonable attorneys' fees, related to your violation of these terms and conditions.
EZ Website Builders 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 EZ Website Builders from Members should be made in writing and sent via certified mail to P. O. Box 1818 Glendale, AZ 85311-1818 or sent via electronic mail to Sales@EZWB.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.
The agreement between EZ Website Builders and the Member shall be governed by and construed in accordance with the laws of the State of Arizona. These terms and conditions constitute the entire agreement between the parties with respect to the use of EZ Website Builders and EZ-Net Tools services.
Revision Date: 07/07/2007
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