|
Agreement, Terms
of Use and Billing Policy
- Scope. This Agreement, Terms of Use
and Billing Policy (this "Policy")
governs the usage of EscortWebTemplates.com’s products and
services (the "Services"). This Policy is incorporated
by reference into each contract EscortWebTemplates.com enters
into with a customer
(each, a "Customer") for the use of such Services.
EscortWebTemplates.com may modify this Policy at any time without
notice.
- Purpose. The purpose of this
Policy is to enhance the quality of the Services and to protect
EscortWebTemplates.com’s customers, and the Internet community
as a whole, from illegal, irresponsible, or disruptive Internet
activities. This Policy applies to each Customer and its employees,
agents, contractors or other users of such Customer who obtain
Services from EscortWebTemplates.com (each such person being a "User").
Each User should use common sense and good judgment in connection
with the Services.
- Content Published By Customer: Customer acknowledges
they have the authority and own or have obtained all rights and
permissions including model releases, copyright permissions,
etc. for any digital or text based content they subsequently
publish to their template site including but not limited to model
videos, model pictures, banners, models text descriptions, slogans,
promotions, etc and that all models were over the age of eighteen
years at the time the photos or videos were shot. Customer also
acknowledges all content and images published are in full compliance
with the requirements of 18 U.S.C. 2257 and associated regulations.
- Domain Name: If EscortWebTemplates.com shall acquire
an Internet Domain Name on behalf of the Customer, then in such
case the Customer hereby waives any and all claims which it may
have against EscortWebTemplates.com and EscortWebTemplates.com
s officers, directors, and employees, for any loss, damage, claim
or expense arising out of or in relation to the registration
of such Domain Name in any on-line or off-line network directories,
membership lists or registration lists, or the release of the
Domain Name from such directories or lists following the termination
of the providing of this service by EscortWebTemplates.com for
any reason.
- Indemnification : The Customer shall indemnify and hold
harmless EscortWebTemplates.com and EscortWebTemplates.com s
officers, directors, and employees from any and all loss, cost,
expense, and damage on account of any and all manner of claims,
demands, actions, suits, proceedings, judgments, costs and expenses
that may be initiated against EscortWebTemplates.com and EscortWebTemplates.com
s officers, directors, and employees for any service provided
to Customer by EscortWebTemplates.com to include content that
violates any copyright, proprietary right of any person, state
and federal regulations, or contains any matter that is libelous
or scandalous.
- Changes in Terms of Agreement: EscortWebTemplates.com
reserves the right to make changes to the terms and conditions
of this Agreement at any time to include service pricing, advising
of the change and the effective date thereof by publishing it
to the appropriate EscortWebTemplates.com website, but with changes
in service fees being effective only at the end of any period
for which the Customer has prepaid. Utilization of the service
by the Customer following the effective date of such change shall
constitute acceptance by the Customer of such change(s). Customer
is solely responsible for staying informed with respect to changes
in this Agreement.
- Entire Agreement and Understanding: This agreement
constitutes the entire agreement between the parties, and represents
the complete and entire understanding of the parties with respect
to the subject matter of this Agreement.
- Relationship: The parties hereto are independent entities
and nothing contained in this Agreement shall be construed to
constitute Customer an agent, employee, partner, independent
contractor, joint venturer, or any other similar entity.
- Prohibited Uses. Users may
not:
- Utilize the Services
to send mass unsolicited e-mail to third parties.
- Utilize the Services
in connection with any illegal activity. Without
limiting the general application of this rule, Users
may not:
- Utilize the Services to
copy material from third parties
(including text, graphics, music,
videos or other copyrightable material)
without proper authorization;
- Utilize the Services to
misappropriate or infringe the patents,
copyrights, trademarks or other intellectual
property rights of any third party;
- Utilize the Services to
traffic in illegal drugs, illegal
gambling, obscene materials or other
any products or services that are
prohibited under applicable law;
or
- Utilize the Services in
any manner that violates applicable
law.
- Utilize the Services
in connection with any tortious or actionable activity.
Without limiting the general application of this
rule, Users may not:
- Utilize the Services to
publish or disseminate information
that (A) constitutes slander, libel
or defamation, (B) publicizes the
personal information or likeness
of a person without that person’s
consent or (C) otherwise violates
the privacy rights of any person.
- Utilize the Services to
threaten persons with bodily harm,
to make harassing or abusive statements
or messages, or to solicit the performance
of acts or services that are illegal
under applicable law.
- Utilize the Services
in connection with any other disruptive or abusive
activity. Without limiting the general application
of this rule, Users may not:
- Utilize the Services to
cause denial of service attacks against
EscortWebTemplates.com or other network
hosts or Internet users or to otherwise
degrade or impair the operation of
EscortWebTemplates.com’s servers and
facilities or the servers and facilities
of other network hosts or Internet
users;
- Post messages or software
programs that consume excessive CPU
time or storage space;
- Utilize the Services to
offer mail services, mail forwarding
capabilities, POP accounts or autoresponders
other than for the User’s own
account;
- Utilize the Services to
resell access to CGI scripts or other
programs installed on EscortWebTemplates.com’s
servers;
- Utilize the Services to
subvert, or assist others in subverting,
the security or integrity of any
EscortWebTemplates.com systems, facilities
or equipment;
- Utilize the Services to
gain unauthorized access to the computer
networks of EscortWebTemplates.com or any
other person;
- Utilize the Services to
provide passwords or access codes
to persons not authorized to receive
such materials by the operator of
the system requiring the password
or access code;
- Utilize the Services to
(A) forge the signature or other
identifying mark or code of any other
person, (B) impersonate or assume
the identity or any other person,
or (C) engage in any other activity
(including "spoofing")
to attempt to deceive or mislead
other persons regarding the true
identity of the User (excluding the
use of anonymous remailers or Internet
nicknames);
- Utilize the Services to
distribute or post any virus, worm,
Trojan horse, or computer code intended
to disrupt services, destroy data,
destroy or damage equipment, or disrupt
the operation of the Services;
- Utilize the Services to
conduct port scans or other invasive
procedures against any server (except
any server for which the User is
an authorized system administrator);
- Utilize the Services to
distribute, advertise or promote
software or services that have the
primary purpose of encouraging or
facilitating unsolicited commercial
e-mail or spam;
- Utilize the Services to
solicit or collect, or distribute,
advertise or promote, e-mail address
lists for the purpose of encouraging
or facilitating unsolicited commercial
e-mail or spam;
- Utilize the Services in
any manner that might subject EscortWebTemplates.com
to unfavorable regulatory action,
subject EscortWebTemplates.com to any liability
for any reason, or adversely affect
EscortWebTemplates.com’s public image,
reputation or goodwill, including,
without limitation, sending or distributing
sexually explicit, hateful, vulgar,
racially, ethnically or otherwise
objectionable materials as determined
by EscortWebTemplates.com in its sole discretion;
or
- Utilize the Services in
any other manner to interrupt or
interfere with the Internet usage
of other persons.
- Violations
- Disclaimer. EscortWebTemplates.com
expressly disclaims any obligation to monitor its Customers
and other Users with respect to violations of this Policy.
EscortWebTemplates.com has no liability or responsibility for
the actions of any of its Customers or other Users or any
content any User may post on any Web site.
- Reporting Non-Copyright
Violations. EscortWebTemplates.com encourages Users
to report violations of this policy by contacting
us , including in any such
report the name of the offending domain (for example,
xyz.com) and the type of abuse (for example, spam, illegal
acts, harassment, etc.) in the "subject" field
of the e-mail.
- Reporting Copyright Violations.
EscortWebTemplates.com complies with the Digital Millennium Copyright
Act ("DMCA"). EscortWebTemplates.com encourages Users
to report an alleged copyright infringement involving a
user by sending a notice that complies with the DMCA by contacting
us.
- Remedies. If EscortWebTemplates.com
learns of a violation of this Policy, EscortWebTemplates.com
will respond to the applicable Customer and may, in EscortWebTemplates.com’s
sole discretion, take any of the following actions, in
accordance with the severity and duration of the violation:
- Warning the Customer;
- Suspending the offending Customer
from the Services;
- Terminating the offending Customer
from the Services;
- Imposing fees or charges on the
offending Customer account in accordance
with the applicable service contract;
- Removing the offending content;
and
- Taking other action in accordance
with this Policy, the applicable service
contract or applicable law.
- Warranties: With respect to the services to be
provided herein, the Customer acknowledges that EscortWebTemplates.com
makes
absolutely no warranties whatsoever, express or implied.
As a result, the Customer agrees that EscortWebTemplates.com
and
EscortWebTemplates.com s officers, directors, and employees
shall not be liable to the Customer for any claims,
damages or loss of profit which may be suffered by the Customer
or
any other entity in any respect for direct, indirect,
consequential, actual, or punitive damages arising out of or
in relation to
the services provided herein, including, but not limited
to, losses or damages resulting from the loss of data as the
result
of delays, non-deliveries, or service interruptions.
- Severability:
In the event that any term or provision
of this Agreement is held by a court of competent
jurisdiction to be illegal, unenforceable or invalid in whole
or
in part for any reason, the remaining provisions of this
Agreement shall remain in full force and effect.
- Interpretation: The format,
words and phrases used herein shall have the meaning generally
understood in the
Telecommunications/ Software/Internet Industries. This Agreement
shall be construed
in accordance with its fair meaning and not against
the drafting party.
- Reservation of Rights. EscortWebTemplates.com
reserves the right to cooperate with appropriate legal authorities
in investigations of claims of illegal activity involving
EscortWebTemplates.com’s
Services, Customers and other Users. EscortWebTemplates.com
reserves all other rights to respond to violations of this
Policy to the
extent of applicable law and in accordance with any applicable
contractual obligations.
Billing Policy
Your credit card will be charged at the time of setup for new
services. For the recurring amount due for existing services on
your account, your credit card will be charged on or about the
first day of every month. Please ensure that we have updated credit
card information at all times. If your credit card is declined,
your service will be suspended. EscortWebTemplates.com, will attempt
to provide an email notice that your credit card has been declined,
however if your account is deactivated for a balance due, you will
be subject to a $25 reactivation fee.
If you
fail to pay for services rendered,
when your account becomes more that 60 days past due, we will remove
your data from our servers and your delinquency will be reported
to the credit bureau. If we pursue any legal remedy and obtain
judgement against you, we will enforce that judgement. If you pay
and we receive notice of returned payment for any reason to include
insufficient funds and/or fraud, we will charge you any associated
collection costs to include attorney and collection fees.
If
you initiate a chargeback through your credit card company
for any reason, EscortWebTemplates.com, Inc. may at its own discretion
immediately suspend your service. To reestablish your service,
EscortWebTemplates.com, Inc. may require you to provide a secure
form of payment, which, at EscortWebTemplates.com, own discretion,
may include
a signed and notarized statement that you authorize EscortWebTemplates.com,
to charge your credit card for the appropriate amount. This amount
will include a $25 reactivation fee.
Canceling Your Account
All cancellations shall be in writing and delivered via email
or facsimile to the accounts receivable department with telephonic
confirmation. Refunds
are not given for prepaid services.
Collection Procedures
If your account becomes overdue after the due date on the invoice the following
will occur: You will receive a reminder via email that have not received
your payment and you will experience an interruptian in service if payment
is not received within 5 days of your past due date. Your account will then
be turned over to our collection department. If you experience an interruption
in service due to nonpayment, you may contact
our collections department.
|
