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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:

    1. Utilize the Services to send mass unsolicited e-mail to third parties.

    2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

      1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

      2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

      3. 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

      4. Utilize the Services in any manner that violates applicable law.

    3. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:

      1. 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.

      2. 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.

    4. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

      1. 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;

      2. Post messages or software programs that consume excessive CPU time or storage space;

      3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;

      4. Utilize the Services to resell access to CGI scripts or other programs installed on EscortWebTemplates.com’s servers;

      5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any EscortWebTemplates.com systems, facilities or equipment;

      6. Utilize the Services to gain unauthorized access to the computer networks of EscortWebTemplates.com or any other person;

      7. 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;

      8. 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);

      9. 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;

      10. 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);

      11. 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;

      12. 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;

      13. 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

      14. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

  • Violations

    1. 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.

    2. 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.

    3. 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.

    4. 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:

      1. Warning the Customer;

      2. Suspending the offending Customer from the Services;

      3. Terminating the offending Customer from the Services;

      4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;

      5. Removing the offending content; and

      6. 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.