|
ClickThruMedia.com: Making your media click!
|
Service Agreement
General
Use of Click Thru Media, Electronic Information Services, Inc., and any
of their respective service providers herein collectively referred to
as "EIS", for illegal activities of any kind, including unauthorized
use (or attempted unauthorized use) of EIS' machines or other machines
on the Internet, forging header information or user identification information,
and software piracy is prohibited.
Acceptable Content
Pages containing copyrighted material, hate material, pornography, nude
images, or other 'adult' material may not be stored on EIS' web servers.
This also includes links to such material. Use of text or images created
by others without their permission is copyright infringement and is prohibited.
User Service Agreement
EIS agrees to provide and User agrees to receive access and support of
EIS' agreed upon products according to the following terms and conditions:
1. All provisions of EIS' Service Agreement ("Agreement") apply
to the User's Principal Account and Associate Accounts billed to the Principal
Account.
2. The benefits or rights conferred by this agreement are nontransferable.
Use of EIS accounts is expressly limited to the individual or business
whose name appears on the account.
3. User agrees to use the service in manner consistent with any and all
applicable laws. In the event that this account is not used in accordance
with all Applicable Laws including, but not limited to Local, State or
Federal Laws, EIS reserves the right to cooperate with all or any law
enforcement agencies.
4. User agrees to follow the Acceptable Use Policy of any network user
connects to, including EIS' system.
5. If User is less than 18 years of age, Agreement must be signed by a
parent or legal guardian, who is responsible for all charges related to
use of User's account(s).
6. User is responsible for all use of User's account(s) and confidentially
of password(s). EIS will suspend access or change access to User's account(s)
immediately upon notification by User that his her password has been lost,
stolen or otherwise compromised. EIS is not liable for any usage and or
charges prior to EIS making the necessary account alteration.
7. User agrees to pay EIS all charges relating to the use of User's account(s)
according to rates and prices stated on said sales order at the time of
commencement, INCLUDING A ONE-TIME SETUP FEE.
8. User is responsible for charges at the time the service is used and
EIS may apply the amount due to User's credit card at any time.
9. EIS reserves the right to change prices on 30 days notice published
Online.
10. EIS reserves the right to suspend access to service for User's account(s)
upon an indication of credit problems including delinquent payments or
rejection of any credit card charges.
11. The EIS service is provided on an "as is, as available"
basis. No warranties, Expressed or implied, including, but not limited
to, those of merchantability or fitness for a particular purpose, are
made with respect to EIS or any information or software therein. This
in no way includes any reimbursement for losses of income due to disruption
of service by EIS or its providers. Under no circumstances, including
negligence, shall EIS, its offices, agents or any one else involved in
creating, producing or distributing EIS' Server service be liable for
any direct, indirect, incidental, special or consequential damages that
result from the use of or inability to use the EIS Server service; or
that results from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation, or transmission or any failure of
performance, whether or not limited to acts of God or Nature, communication
failure, theft, destruction or unauthorized access to EIS' records, programs
or services. Client hereby acknowledges that this paragraph shall apply
to all content on EIS' Server service.
12. Neither EIS nor its Information Providers are responsible for any
damages arising from User's use of EIS or by User's inability to use EIS'
service.
13. EIS reserves to right to change without notice the DeZines service,
including, but not limited to, access procedures, hours of operation,
menu structures, commands, documentation, vendors and services offered.
14. EIS is not responsible for User's files residing on EIS. User is responsible
for independent backup of his or her data stored on EIS.
15. EIS reserves the right to delete User's personal files after one or
both parties terminates agreement.
16. EIS reserves the right in its sole discretion to delete any information
entered into EIS by User. EIS and its authorized representatives shall
have the right, but shall not be obligated, to edit publicly viewable
information.
17. User hereby agrees that any material submitted for publication on
EIS through user's account(s) does not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of others,
or contain anything obscene or libelous. Software intended to facilitate
any such violations or infringements may not be stored on EIS.
18. EIS, at its sole business judgment, may terminate this membership
Agreement immediately or suspend User's access to the service upon any
breach of this membership Agreement by User, including, but not limited
to, refusal or failure to pay for services provided or by sole judgment
of EIS that User may be performing activities harmful to EIS or its Users,
employees, vendors, business relationships or any other users of the Internet.
19. This document and the rights and duties of the parties shall be governed
by and interpreted according to the laws of the United States and Canada.
20. EIS may modify these terms and conditions upon notice published Online
via EIS. User's use of EIS' services after such notice shall constitute
User's acceptance of the modifications to this Agreement.
21. Non-enforcement of any section of this Agreement does not constitute
consent and EIS reserves the right to enforce this Agreement at its sole
discretion.
22. If any one or more paragraphs in this Agreement is found to be unenforceable
or invalid, User's and EIS' agreement on all other paragraphs shall remain
valid.
23. Dues must be paid on a timely basis. Dues charges will continue regardless
of your use unless and until you notify us in writing that you wish to
cancel your membership at the end of your contract period. 30 days cancellation
notice prior to the end of your current term is required. You can cancel
your membership within your first 30 days and receive a full refund on
your monthly fees. The setup fee is not refundable. After the first 30
days you can still cancel your account but cancellation will become effective
at the end of your current contract period and no partial refunds will
be given.
24. When paying by check, User expressly authorizes EIS to debit User's
checking account for the amount of a check returned unpaid by User's bank,
plus up to a $25 returned check fee.
25. The User is in default of this Contract if: 1. Any User covered by
this contract fails to obey any present or future EIS rule or regulation;
or 2. We do not receive a payment on or before its due date; or 3. Any
material statement by the User in this contract is false.
26. Failure to use this account(s) does not relieve the User of payment
obligations.
27. In the event the User defaults on this contract, EIS may suspend or
revoke the User's membership privileges without refund and the User may
have to reapply for membership at the price EIS is charging to new members.
The User agrees to pay EIS' attorney's fees and court costs in collecting
the amount remaining in the User's contract as stated in the sales order.
28. Communication systems are subject to degradation of service from phenomena
such as so-called "Line-Noise" interference and other causes
beyond the reasonable control of EIS.
29. EIS may assign this order, its rights here under and its ownership
of said service and commitment at anytime without notice.
30. In addition to any price specified herein, User shall pay the gross
amount of any present or future sales, use, excise, value added or other
similar taxes applicable to the price, sales or delivery of any products
or services furnished here under or to their use by customer.
31. EIS reserves the right to terminate or change priority of any process
started by said user.
32. EIS reserves the right to collect damages (software, hardware &
man hours) if any harm is done to EIS which requires repair or reconfiguration
of any kind.
33. EIS may offer credits to users who refer additional users who sign
up for and keep EIS accounts through at least one billing cycle, provided
that the new users signing up mention at the time of signup the username
of the user who referred them.
34. Credit Card payment: If Customer chooses to pay for services by credit
card, Customer grants ELECTRONIC INFORMATION SERVICES, INC., the right
to charge payments to that card on each due date. Customer further agrees
not to challenge nor dispute any charge representing service payments.
35. This agreement, User account, contract, and billing will automatically
renew unless cancelled in writing 60 days prior to the renewal date.
|