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The following
terms and conditions apply to all persons and/or business entities (Members)
using EZ-DigiSign (Service).
General Information
EZ-DigiSign is a service offering Internet commerce services to businesses.
EZ-DigiSign' primary mission is to provide fast, reliable, and effective
Internet services to its Members. The EZ-DigiSign services are distributed
through ICServ Inc. (d.b.a EZ-NetTools). EZ-NetTools also provides website
design and development services. Your registration with, or continued use of,
EZ-DigiSign constitutes your agreement to these terms and conditions and any
disclaimers of warranty.
Part A: Use of EZ-DigiSign
1. License:
EZ-DigiSign grants you, the Member, a non-exclusive, non-transferable, limited
license to use EZ-DigiSign. Members will be issued an account number and
password. The EZ-DigiSign account cannot be assigned or transferred to any
other person or entity without prior written consent of EZ-DigiSign.
2. Member Responsibilities:
Members are expressly prohibited from using EZ-DigiSign 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.
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-DigiSign account.
EZ-DigiSign 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-DigiSign 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-DigiSign for Monthly Services are non-refundable.
EZ-DigiSign Creative 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-DigiSign 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-DigiSign reserves the right to negotiate payment options and adjust payment
plans as circumstances dictate. Use of certain special EZ-DigiSign features may
be subject to additional charges. EZ-DigiSign reserves the right to change fees
or institute new charges at any time, effective upon a 30-day notice to current
EZ-DigiSign Members, either through electronic or conventional mail. A contracted creative
development will be deemed complete when the digital signs, regardless of content,
are visible via the Internet and the Internet processes are functional.
Monthly EZ-DigiSign service fees are charged each month and begin on the date
of the original sale regardless of content collection stage.
2.
Method of Payment:
Following the initial payment, subsequent EZ-DigiSign 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-DigiSign 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-DigiSign 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-DigiSign. 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-DigiSign, Attn: Accounting, 238 East 3000 N, Rexburg, ID
83440. EZ-DigiSign
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. |
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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-DigiSign or the Member. Members may terminate service by sending written notice to EZ-DigiSign using either electronic or conventional mail. Termination will be effective on the day that EZ-DigiSign receives the notice or on the future date specified in the notice. EZ-DigiSign 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-DigiSign reserves the right to terminate service without notice upon a breach of EZ-DigiSign terms and conditions or misuse of any kind. 2. Monitoring Accounts:
EZ-DigiSign does not monitor any Member's account. However, EZ-DigiSign, at its sole discretion, reserves the right to review or edit any material or information submitted for display or placed on EZ-DigiSign server, with the exception of private electronic messages that will be reviewed only if required to do so by law. EZ-DigiSign may terminate immediately the account of any subscriber who misuses any EZ-DigiSign services. 3. Limitation of Liability:
EZ-DigiSign and EZ-NetTools does not warrant that the services or the information or programs contained on an EZ-DigiSign server will meet your requirements or that the operations of an EZ-DigiSign server will be uninterrupted or error-free; nor does EZ-DigiSign and EZ-NetTools make any warranty as to the results obtained from the use of EZ-DigiSign services. UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL EZ-DIGISIGN OR EZ-NETTOOLS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE EZ-DIGISIGN 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-DIGISIGN 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-DigiSign 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-DIGISIGN 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-DIGISIGN EMPLOYEE OR ITS AGENTS SHALL CREATE A WARRANTY. 5. Indemnity:
You shall hold EZ-DigiSign 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-DigiSign or EZ-NetTools notices to Members may be given by means of electronic messages through the Internet, by a general posting on an EZ-DigiSign server, or by certified mail. All notices to EZ-DigiSign from Members should be made in writing and sent via certified mail to 310 North 2nd East Rexburg, ID 83440 or sent via electronic mail to info@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 or EZ-DigiSign services.
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