This User Agreement ("Agreement") governs your purchase and use of any e-Icon,
Inc. Services (collectively called
"Services"), ordered by you ("you" and/or
"Customer") on the order form ("Order Form") and provided by e-Icon.
The account
set up with e-Icon through which the Services will be administered is referred
to as your "Plan(s)".
This Agreement explains the terms and conditions that
apply to your purchase and the use of the Plan(s) and
e-Icon's Web site. Before
you may use e-Icon's Services and create an account with e-Icon you must
register
and accept this Agreement by clicking the Acceptance Checkbox at the
end of this Agreement. This Agreement
exists to define the agreement between you
and e-Icon and to ensure that e-Icon's customers are using e-Icon's
Services
with regard to the rights of other Internet users and in conformity with the
requirements of
e-Icon's network environment.
Acceptable Use
You are required to use e-Icon's Service(s) responsibly. This includes
respecting the other customers of e-Icon.
Subject to the terms and conditions of
this Agreement, e-Icon grants you a non-exclusive, non-transferable, limited
license to access, display and use our Services, Web sites and their contents.
You shall comply with all copyright
laws worldwide in your use of e-Icon's
Services and Web sites and prevent unauthorized copying of their contents.
Except as provided in this Agreement, e-Icon does not grant you any express or
implied right in or under any patents,
trademarks, copyrights or trade secret
information.
Prohibited Use
e-Icon servers may be used for lawful purposes only. Transmission, storage, or
distribution of any information, data,
or material in violation of any
applicable law or regulation, or that may directly facilitate the violation of
any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
* materials subject to trademark, copyright or other laws protecting any
materials or data of others in the absence
of a valid license or other right to
do so
* material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws
* unauthorized use or disclosure of private, personally identifiable
information, or proprietary information of others
* adult-oriented sites, pornography and sex-related merchandising , including
sites that may infer sexual content of
any kind or provide links to adult
content elsewhere. e-Icon also prohibits sites that provide storage, sale,
distribution, hypertext link to, advertisement, promotion or hosting of material
that is unlawful, defamatory, obscene,
harmful, threatening, harassing, or an
intrusion of privacy or publicity rights, or is otherwise objectionable
* storage, posting, display, transmission, advertising of or otherwise making
available child pornography.
In purchasing e-Icon services, all e-Icon customers certify that they and/or the
organization they represent in
procuring services from e-Icon are not, nor have
been designated, a suspected terrorist as defined in Executive
Order 13224; are
not owned or controlled by a 'suspected terrorist' as defined in Executive Order
13224; and are not
on, are not a member of, related to, associated with, or
controlled by any organizations on the list contained in the
Annex to Executive
Order 13224 and all updates thereto.
Usage of Server Resources
In order to preserve the integrity of e-Icon's Services and
provide Customers with e-Icon's 99.9% uptime guarantee,
e-Icon must be able to regulate its
customers' use of server resources. Therefore, Customer agrees that Customer
shall not use excessive amounts of server resources (such as, but not limited
to, CPU & Memory usage) on any of
e-Icon's servers. e-Icon shall define "
excessive amounts of server resources" as using any form of server resource
in a
manner which noticeably hinders the quality of any service. Customer agrees to
be held under strict liability for
assuring reasonable server resource usage.
Any violation of this policy will result in immediate account cancellation
and
imposition of an Administrative Fee of $50.00. e-Icon shall not refund to
Customer any fees paid in advance of
such cancellation and Customer shall be
obligated to pay all fees and charges accrued prior to the effectiveness of
such
cancellation; further, Customer shall be obligated to pay 100% of all charges
for all Services for each month
remaining in the Term. e-Icon reserves the right
to determine, in its sole and absolute discretion, what constitutes
a violation
of this provision.
Disk Usage and Bandwidth
e-Icon provides Users with bandwidth and disk space, the amount of which is
defined in e-Icon's web pages
describing the package of Services purchased at
the time of purchase. In all cases, the Services are intended for
normal use
only, and any activity that results in excessive usage that is inconsistent with
normal usage patterns is
strictly prohibited. e-Icon reserves the right to
suspend, discontinue or delete the accounts of Users whose use
of disk space,
bandwidth or other resources results in or presents the risk of degradation of
service to other
customers, regardless of the amount of disk space, bandwidth or
other resources included in the User's plan. User
agrees that such usage shall
not exceed the amounts set by e-Icon for the Services purchased (the "Agreed
Usage")
and is additionally subject to normal usage guidelines established by
e-Icon as in effect from time to time. These
allotments are optimized and
dedicated towards serving the Content and User's active electronic mail services
related solely to User's web hosting account(s) with e-Icon.
e-Icon's Shared Hosting plans are not intended for the storage of data not
specifically utilized as an element or
content within your site's web pages.
Examples include, but are not limited to:
Website Backups (Exception: One (1) cPanel backup of the account itself)
Software Storage
Personal/Computer Backups
Hosting space is intended for normal use only, and is limited to Web files,
active e-mail and content of the hosted
Web sites, not for storage (whether of
media, e-mails, or other data). Hosting space further may not be used as
offsite
storage of electronic files, electronic mail or FTP hosts. You are responsible
for removing any files, e-mails
or other data which do not meet these
requirements, and for adhering to any usage requirements or limits allocated
to
your account(s). Failure to do so may result in removal and deletion of such
materials (including without limitation
files and e-mails), and/or in
discontinuation of your services or account, which actions we may take in our
sole
discretion.
e-Icon will monitor User's use of bandwidth, disk usage and other resources.
e-Icon, in its sole discretion, shall have
the right to take any corrective
action if User's utilization of bandwidth, disk usage or other resources exceeds
the
Agreed Usage, resource usage, or is used for other improper storage or
usage. Such corrective action may include
the assessment of additional charges,
disconnection or discontinuance of any and all Services, removal or deletion
of
User's Web site, User Content, User's electronic mail and e-mail services and/or
other materials and services or
termination the User's
account and of this
Agreement, which actions may be taken in e-Icon's sole and absolute
discretion.
Mass Emailing Policy
Each hosting plan is limited to sending no more than 600 emails in any 60 minute
period. This policy is necessary to
protect the quality of e-Icon's hosting
service, as mass emailing can consume excessive amounts of server resources,
which negatively impacts the quality of hosting service other clients receive.
First violations of this policy will result
in immediate account suspension. To
be re-activated , the client must provide a written and signed statement
stating
"I have read, understood, and agree to e-Icon's Mass Emailing Policy". Any
second violation of this policy will
result in account suspension and e-Icon
shall decide in its sole and absolute discretion the necessary action,
including
but not limited to account cancellation. e-Icon shall not refund to Customer any
fees paid in advance of
such cancellation and Customer shall be obligated to pay
all fees and charges accrued prior to the effectiveness of
such cancellation;
further, Customer shall be obligated to pay 100% of all charges for all Services
for each month
remaining in the Term. e-Icon reserves the right to determine, in
its sole and absolute discretion, what constitutes
a violation of this
provision.
E-mail Spamming Prohibited
"Spamming" includes the sending of unsolicited bulk and/or commercial messages
over the Internet using e-Icon's
Services or through another ISP or IPP with a
reference to e-Icon or a website hosted by e-Icon, maintenance of
an open SMTP
policy, and selling or distributing software (on a Web site residing on a e-Icon
server) that facilitates
the foregoing. Spamming is prohibited. Violators will
be assessed a minimum fine of $200 and may have their Plan(s)
terminated or
suspended. e-Icon reserves the right to determine, in its sole and absolute
discretion, what
constitutes a violation of this provision.
System and Network Abuse
Violation of system or network security is prohibited and may result in criminal
and civil liability. Examples of system or network security violations include,
without limitation the following:
* unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the
vulnerability of a system or network or to
breach security or authentication measures without express authorization
of the
owner of the system or network
* interference with service to any user, host or network including, without
limitation, mail bombing, flooding,
deliberate attempts to overload a system and
broadcast attacks
* forging of any TCP-IP packet header or any part of the header information in
an email or a newsgroup posting
* distributing or hosting destructive or harmful content including, without
limitation, viruses, Trojan Horses, worms,
time bombs, cancel bots or any
computer programming routines that may damage or interfere with any system,
program, data or personal information
* any form of hacking or unauthorized access, which includes, without
limitation, use probing, or scanning of systems security or authentication
measures, data or traffic
* interference with service to any user, host, or network including any form of
attempts to overload a system, any
form of system attacks, or forgery which can
come from any kind of program/script/command or messages of any
kind designed to
interfere with a user's terminal session, via any means, locally or by Internet
* any form of interception which includes, without limitation, unauthorized
monitoring of data or traffic on any
network, server or system without express
authorization from the owner
* any form of avoidance of system restriction
* any form of failure to safeguard accounts which includes, without limitation,
failure to prevent unauthorized access
by giving away passwords
Fraudulent Content
Offering or distributing any fraudulent goods, services, schemes or promotions
(e.g. - make money fast schemes,
chain-letters, pyramid schemes), or submitting
false data on any sign-up form, contract or online application through
registration, or any fraudulent use of information obtained through the use of
the Plans, including, without limitation,
use of credit card numbers, phone
numbers, e-mail addresses, or home addresses is strictly prohibited.
Violation of this Agreement
If e-Icon becomes aware of any violation or threatened violation of this
Agreement, e-Icon may pursue any remedies
and take any action against you or
your customers to stop or correct such violation, including, but not limited to,
denying access to e-Icon's Services and equipment or to the Internet, removal of
all or a portion of the information
stored on e-Icon's server, suspension of any
and all Services, or termination of this Agreement. In the event e-Icon
is
required to suspend Services or terminate this Agreement, e-Icon shall not
refund any of the Fees paid in advance
of such corrective action. In addition,
e-Icon may charge you for any costs or expenses it incurs as a result of the
threatened or actual violation of this Agreement. You agree that e-Icon shall
have no liability to you or any of your
customers as a result of any corrective
action e-Icon may take (including, without limitation, termination of Services).
You are expected to cooperate with e-Icon in any corrective or preventive action
that e-Icon deems necessary.
Fees; Payment
In consideration of the Services provided to you by e-Icon, you shall pay the
service fees set forth in your Plan(s)
("Fees"). e-Icon offers 1, 3, 6, 12, and
24 month terms. All Plans are prepaid and automatically renew for successive
like periods unless terminated in accordance with this Agreement. Promotional
domain name registration is $8.95 per
domain. All Fees must be paid in advance
by credit card or personal check. By establishing a Plan with e-Icon, you
authorize e-Icon to automatically charge the Fees and any administrative or
other fees provided for in this
Agreement to your credit card or transfer money
from your checking account via the transit and routing numbers
you provide on
the Order Form. You may discuss other payment arrangements with e-Icon's Billing
Manager by
contacting us at:
You must notify e-Icon of any changes in your personal information (including,
but not limited to, the billing address,
account number or credit card or bank
account, or expiration or cancellation of your card.).
It shall be your sole responsibility to assure payment is received in full and
on time. If payment is not collected by the
date due, (1) your account will be
suspended until payment is received in full, (2) a $5.00 late payment charge
will be
added to the invoice, and (3) e-Icon reserves the right to terminate
your Plan(s). If a Plan is suspended for
insufficient payment, you must contact
e-Icon and arrange for immediate payment. Suspended accounts will
continue to be
responsible for the payment of fees. Accounts in default are subject to a
service charge of 0.0767%
( or such other maximum amount permitted by law ) per
day on the outstanding balance. Termination of Services
shall not relieve
customer from the obligation to satisfy outstanding amounts due and payable. In
the event e-Icon
utilizes an attorney and/or collection agency to collect any
unpaid amounts, Customer shall be responsible for the
payment of all of e-Icon's
attorneys' fees, collection agency fees, and all other costs related to the
collection of
outstanding amounts.
Service Level Guarantee
e-Icon guarantees a 99.9% up time service level. If you are unable to obtain
99.9% access to your website, e-Icon
will, on an as-requested basis, issue a pro
rated credit to you for future services conditional upon your submission of
proof that 99.9% up time was not achieved as documented by an industry
recognized and reputable third party
monitoring service such as that of
Alertra.com service. This guarantee shall not apply in the event of Force Majeur
(as described below), scheduled maintenance periods, inability to access
applications or scripts running on the server or if customer's account is not in
good standing at the time of the outage.
30-Day Money Back Guarantee
If you are not completely satisfied for any reason within the first 30 days of
purchasing a hosting or reseller plan,
you will be given a full refund of the
fees paid in advance upon plan cancellation. The 30-Day Money Back Guarantee
is
only available to new customers and cannot be invoked by anyone who has ever
previously been a customer of
e-Icon or has been a customer of e-Icon for over
30 days. The following services are not covered by the 30-Day
Money Back
Guarantee and are non-refundable for any reason: additional items and services;
domain name
registration; dedicated servers; virtual dedicated servers; plan
renewals; plan upgrades; plan term extensions;
SSL certificates; and overage
fees. To invoke the 30-Day Money Back Guarantee, you must cancel your plan
exactly
as outlined in the "Termination by Customer" section of this agreement
within 30 days of purchase. THERE ARE
ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR
AVAILABLE AFTER 30 DAYS OF PURCHASE.
Refunds
Refunds are only available in accordance with the 30-Day Money Back Guarantee.
THERE ARE ABSOLUTELY NO
REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE e-Icon'S
30-DAY MONEY BACK GUARANTEE.
Credit Card Chargebacks
Any Customer who initiates a chargeback on their credit card, (removal of
e-Icon's debit of your credit card account
for Fees) will be subject to (1) an
Administrative Fee of $100.00 per chargeback, (2) re-payment of the amount(s)
originally
charged to the credit card (3) and immediate termination of all
Customer's Plan(s).
Term
The term of this Agreement shall be as set forth in the Order Form, unless
otherwise terminated under this Agreement.
The Term shall begin upon
commencement of the Services to Customer. After the Initial Term, this Agreement
shall
automatically renew for successive like periods unless terminated in
accordance with this Agreement . The Initial
Term and all successive renewal
periods shall be referred to, collectively, as the "Term".
Termination by Customer
All plans automatically renew until terminated. In order to terminate or cancel
your plan, you must submit the online
account termination form by logging into
your Client Area:
Any attempts to cancel by phone, email, live chat, or any other method will be
rejected and billing will continue until
these instructions have been followed.
Please be aware that there are absolutely no refunds available outside the
30-day money back guarantee. Termination requests must be received a minimum of
SEVEN (7) days prior to the end
of your plan's term to prevent automatic renewal
. If a plan has already been renewed, there are absolutely no
refunds available
for any reason. e-Icon is unable to cancel your account effective for a future
date. Once the
online account termination form has been submitted, your request
will be placed in our service cancellations queue
and you will receive a
confirmation email within 20 minutes. If you do not receive this email, your
request was not
received! The confirmation email will contain a Ticket ID, which
is your proof of submission and can be used to track
the status of your
termination request.
Knowledge and Expertise
Use of the Plan(s) requires a certain amount of knowledge of Internet
programming Languages, protocols and
software, and other technological
information. By establishing a Plan, you or your webmaster represent that you
have the knowledge necessary to maintain your web site. e-Icon will not advise,
teach, supply or provide any such
knowledge or customer support outside of the
scope of the Plan(s).
e-Icon/Customer Communications
Customer shall direct all communications through our ticket system at
You have previously developed, planned and created source and object code for
purposes of creating an operational
Web site (collectively, the "Website"). The
Website is owned exclusively by you or your agents. In the event a
dispute
arises over ownership of your web sites and/or the Plan established with e-Icon,
you agree to fully comply
with any and all of e-Icon's security measures.
Internet Protocol (IP) Address Ownership
During the Term of this Agreement, e-Icon may provide you with a restricted
license to use an Internet Protocol
("IP") address. You may use the IP address
only as provided by e-Icon. e-Icon shall maintain and control ownership
of all
IP numbers and addresses that may be assigned to Customer by e-Icon, and e-Icon
reserves the right to
change or remove any and all such IP numbers and
addresses, in its sole and absolute discretion.
Employee Solicitation
You agree NOT to approach e-Icon's employees with any offer to hire them as your
own employees or contractors.
If you hire any of e-Icon's employees, you agree
to pay e-Icon the greater amount of such employee's three year
salary or
$300,000.
Advertising & Marketing
You agree that during the term of this Agreement e-Icon may publicly refer to
you, orally and in writing, as a
customer of e-Icon. Any other public reference
requires your written consent.
Warranties and Representations
You warrant and represent to e-Icon that you are (1) at least eighteen 18 years
of age; (2) you possess the legal
right and ability to enter this Agreement; (3)
you will use the Plan(s) only for lawful purposes and in accordance with
this
Agreement and all policies and guidelines that may apply; (4) you will be
financially responsible for your Plan(s);
(5) you have acquired, or will acquire
all necessary arrangements for hypertext links to a third party Web sites or
other content; (6) you have verified or will verify the accuracy of materials
distributed or made available through
use of the Plan(s), including, without
limitation, your content, claims, warranties, guarantees, nature of business,
and address where business is conducted, and (7) your content does not infringe
or violate any right of any third
party (including intellectual property rights)
or violate any applicable law, regulation or ordinance.
Disclaimers and Limitations
You expressly agree that the use of Services or any information provided by
e-Icon is at your sole risk. Neither
e-Icon, nor its affiliates, nor any of its
officers, directors, employees, agents, third-party content providers, or
licensors (collectively, "Providers"), or the like, warrant that this site or
the Services provided will be uninterrupted
or error-free; nor does e-Icon make
any warranty as to the results that may be obtained from the use of the
Services.
THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," "WHERE AVAILABLE" BASIS. e-Icon
AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND
ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT
LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
USE OF THE WEB SITES IS AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
YOU AGREE THAT NEITHER e-Icon NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE,
LOSS, OR EXPENSE OF
ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE
SERVICES, MATERIALS, CONTENT, OR
INFORMATION ON ITS SITES REGARDLESS OF WHETHER
SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR
OTHERWISE. IN NO EVENT, INCLUDING
WITHOUT LIMITATION A NEGLIGENT ACT, SHALL e-Icon OR ANY OF ITS
PROVIDERS BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF
DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY
WAY RELATED TO THE SERVICES,
MATERIALS, CONTENT OR INFORMATION PROVIDED BY e-Icon OR ANY OTHER
PRODUCTS,
SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON e-Icon'S SITES, YOUR USE
OF, OR
INABILITY TO USE e-Icon'S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION
WITH THIS AGREEMENT,
REGARDLESS OF WHETHER e-Icon OR ANY OF ITS PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, e-Icon's maximum
liability under this Agreement for all
damages, losses, costs and causes of
actions from any and all claims (whether in contract, tort, including
negligence,
quasi- contract, statutory or otherwise) shall not exceed the actual
dollar amount paid by Customer for the Services
which gave rise to such damages,
losses and causes of actions during the 12-month period prior to the date the
damage or loss occurred or the cause of action arose. The terms of this section
shall survive any termination of
this Agreement.
Indemnification
Customer shall defend, indemnify and hold harmless e-Icon, its affiliates and
their respective present, former and
future officers, directors, employees and
agents, and their respective heirs, legal representatives, successors and
assigns (collectively the "Indemnitees"), from and against any and all losses,
damages, costs, liabilities and expenses
(including, without limitation, amounts
paid in settlement and reasonable attorneys' fees) which any of the
Indemnitees
may suffer, incur or sustain resulting from or arising out of (i) Customer's
breach of any representation,
warranty, covenant or agreement contained this
Agreement or any other agreement incorporated by reference,
(ii) Customer's
information stored on e-Icon's server, the Customer's web site or an end user's
use of the such
information or the Customer's web site, (iii) violation by
Customer or any of its officers, directors, employees or
agents of any
applicable law, rule, regulation or order, (iv) claims or actions of third
parties alleging misappropriation
of trade secrets or infringement of patents,
copyrights, trademarks or other intellectual property rights arising from
the
use, display or publication of the Customer's information or the use in
connection with services, software or
information not provided by e-Icon, (v)
claims or actions by third parties relating to or arising out of Customer's
use
of the Services, and (vi) any failure of Customer's information or any aspect of
the Customer web site to be
compatible with the hardware or software used by
e-Icon to provide the Services, including any damage to
e-Icon's servers or
other hardware caused thereby. The terms of this section shall survive any
termination of this Agreement.
Limitations of Claims
Any cause of action you may have with respect to your use of e-Icon's Services,
Web sites or other information
must be commenced within one (1) year after the
claim or cause of action arises.
Disclosure
e-Icon may reveal any information it deems necessary or appropriate, including,
without limitation, user profile
(e.g. name, e-mail address, etc.), usage
history or other material contained on e-Icon's system in order to abide
by any
applicable laws, lawful governmental requests, to protect e-Icon's systems and
customers, or to provide
and protect the quality, functionality, and integrity
of e-Icon's business and equipment.
Compliance with Law
You agree that when using the Services you shall comply with all applicable laws
and regulations. You shall not use
the Plan(s) or the Services in any way that
violates US export laws, including without limitation, uses related to the
distribution of weapons of mass destruction, prohibited chemical, biological, or
nuclear weapons or missile use. You
agree that you are not located in, under
control of, or a national or resident of any country restricted as a
destination
by US law or on the US Treasury Department's list of Specially Designated
Nationals or the US
Department of Commerce's Table of Denial Orders.
Severability
In the event that any provision of this Agreement shall be held by any court of
competent jurisdiction to be illegal or
unenforceable, such provision shall be
deemed severable and severed from this Agreement and the remaining provision
s
hereof shall remain in full force and effect between the parties.
Copyright or Trademark Infringement
The information provided by e-Icon through the use of Services, including all
images, designs, photographs, writings,
graphs, data, and other materials
("e-Icon Contents"), as well as the collection, arrangement and assembly of the
e-Icon Contents, are the exclusive property of e-Icon and is protected by
international and United States
copyrights, trademarks, trade secrets, and/or
other proprietary rights. e-Icon Contents may not be used in
connection with any
other product or service. Any use of the e-Icon Contents, other than as set
forth in this
Agreement, including reproduction for purposes of modification,
distribution, or republication without e-Icon's prior
written consent, is
strictly prohibited. e-Icon acknowledges the rights of third parties whose
trademarks or
registered trademarks are referenced at its Web sites.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the
use of copyrighted materials on the
Internet. All e-Icon customers are subject
to the requirements of the DMCA. Individuals or entities submitting
notifications of copyright infringement by a e-Icon customer (per the DMCA) to
e-Icon must follow the below
procedures. Copyright infringement notifications
submitted to e-Icon according to these procedures will be
processed within 21
days of receipt. Customers who are the subject of a DMCA notification that meets
the below
criteria may be subject to account termination at e-Icon's sole
discretion.
* Signature of the copyright owner or a person authorized to act on the
copyright owner's behalf (the "Claimant")
* Identification of the copyrighted work(s) claimed to have been infringed
* Identification of the material claimed to infringe the copyright(s), and
enough information for e-Icon to locate it
including URLs and specific
descriptions of the infringing material at each URL
* The Claimant's name, address, and telephone number(s)
* A statement that the Claimant has a good faith belief that use of the disputed
material is not authorized by the
copyright owner or his agent
* A statement, under penalty of perjury, that the information in the
notification of copyright infringement is accurate
and that the Claimant is
authorized to act on behalf of the copyright owner
* Mail the notification to:
e-Icon
Abuse Department - DMCA Complaints
Plot No.2,
3rd Floor, Opp. Times of India,
Road No.3, Banjara Hills, Hyderabad - 500 034,
Andhra Pradesh, India.
Waiver
No waiver of any obligation, representation or warranty shall be effective
unless in a writing signed by the party to
be charged. The parties waive the
application of the doctrines of promissory and equitable estoppel. The mere
delay
in enforcement of a right shall not be a waiver of a default. No waiver by
a party of any breach, default or violation
of any provision of this Agreement
shall constitute a waiver of any subsequent breach, default or violation of the
same or other provision of this Agreement. A waiver shall be narrowly construed.
Acceptance of partial performance
or payment shall not constitute a waiver or an
accord and satisfaction whether or not there is a dispute between
the parties. A
party may unilaterally waive any condition of which it is the only beneficiary.
Assignment
You may not assign or transfer this Agreement, or any of its rights or
obligations hereunder, without the prior written
consent of e-Icon. Any
attempted assignment in violation of the foregoing provision shall be null and
void and of no
force or effect whatsoever. e-Icon may assign its rights and
obligations under this Agreement, and may engage
subcontractors or agents to
perform its duties and exercise its rights hereunder, without the consent of
Customer.
This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and their respective
successors and permitted assigns.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended, nor shall anything
herein be construed to confer any
rights, legal or equitable, in any Person other than the parties hereto and
their
respective successors and permitted assigns. Notwithstanding the
foregoing, Customer acknowledges and agrees
that Microsoft, and any supplier of
third-party supplier that is identified as a third-party beneficiary in the
Service
Description, is an intended third-party beneficiary of the provisions
set forth in this Agreement as they relate
specifically to its products or
services and shall have the right to enforce directly the terms and conditions
of this
Agreement with respect to its products or services against Customer as
if it were a party to this Agreement.
Minimum Age Requirement
e-Icon customers must be at least 18 years of age. Any individual under the age
of 18 years ("Minor") must have a
parent or guardian accept this Agreement in
order for the Minor to become a e-Icon customer. A parent or guardian
who
accepts this Agreement on behalf of a Minor will be primarily liable for
ensuring complete and proper compliance
with this Agreement, including the
timely and full payment of the charges for e-Icon services, and such primary
liability will continue even when the Minor has attained the age of 18, unless
the parent or guardian obtains
e-Icon's express written consent to the contrary.
Force Majeure
e-Icon will not be liable for delays in its performance of this Agreement or
provision of Services which are caused by
circumstances beyond e-Icon's
reasonable control, including acts of God, wars, insurrection, civil commotions,
riots,
national disasters, earthquakes, strikes, fires, floods, water damage,
explosions, shortages of labor or materials,
labor disputes, transportation
problems, accidents, embargoes, or governmental restrictions (collectively
"Force
Majeure"). e-Icon will make reasonable efforts to reduce to a minimum and
mitigate the effect of any Force Majeure. Notwithstanding anything contained
elsewhere herein, lack of finances will not be considered an event of Force
Majeure nor will any event of Force Majeure suspend any obligation of customers
for the payment of money due.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or
relationship of employer and employee,
principal and agent, partnership or joint
venture between e-Icon and its customers. Each of e-Icon and its
customers will
be deemed an independent contractor at all times and will have no right or
authority to assume or
create any obligation on behalf of the other, except as
may be expressly provided herein.
Construction and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it
will be construed as including all
genders, and wherever the singular is used,
it will be deemed to include the plural and vice versa, where the context
so
requires. The division of this Agreement into sections/paragraphs, and the
insertion of headings/captions, are for
convenience of reference only and will
not affect the construction or interpretation of this Agreement. Any rule of
construction to the effect that any ambiguity is to be resolved against the
drafting party will not be applicable in
the construction or interpretation of
this Agreement.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the
formation of this Agreement or the breach
of this Agreement, including any claim
based upon arising from an alleged tort, shall be governed by the substantive
laws of the State of Michigan. The United Nations Convention on Contracts for
the International Sale of Goods does
not apply to this Agreement. ANY SUIT,
ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT
IN A MICHIGAN
STATE OR FEDERAL COURT LOCATED IN WAYNE COUNTY, MICHIGAN, AND EACH OF THE
PARTIES
HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS
(AND OF THE APPROPRIATE
APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR
PROCEEDING AND IRREVOCABLY WAIVES, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO
THE LAYING OF THE VENUE
OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH
SUIT,
ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN
INCONVENIENT
FORUM.
Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes
all prior discussions, negotiations
and agreements between the parties with
respect to the subject matter hereof, and this Agreement constitutes the
sole
and entire agreement between the parties with respect to the matters covered
hereby. In case of a conflict
between this Agreement and any document,
correspondence or other communication, of Customer or e-Icon, the
terms and
conditions of this Agreement shall control unless otherwise set forth in this
Agreement.
Modification
e-Icon may change or modify any of the terms and conditions contained in this
Agreement, including any policy or
guideline incorporated by reference, at any
time, and you agree to be bound by the revised terms of this Agreement.
Any such
modification will become effective upon the date they are first posted on this
site. It is your responsibility
to return to this Agreement from time to time to
review the most current terms and conditions. e-Icon does not and
will not
assume any obligation to notify you of the changes to this Agreement. Your
continued use of e-Icon's
Plan(s) will be the reflection of your cooperation and
acceptance of any changes or modifications.
Complaints
If you believe that another customer has violated this Agreement, please send
communication to e-Icon's abuse
department via email:
( support [at] e-Icononline [dot] com ).
Acceptance
By clicking the following checkbox (also known as Acceptance Checkbox) you
acknowledge that you have read this
User Agreement and agree to be bound by the
terms and conditions contained in this document as well as all policies
and
guidelines incorporated by reference. You further agree that the act of
submitting your Order Form online is
equivalent to your signature and agree that
all the information you submit online is true and correct to the best of
your
knowledge.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
instant callback
contact
us