Terms Of Service

1. Forward-looking Statements:

   This Website contains forward-looking statements. These statements relate to our, and in some cases our customers' and/or alliance partners', future plans, objectives, expectations, intentions and financial performance, and the assumptions that underlie these statements. In some cases, you can identify forward-looking statements because they use terms such as "anticipates," "believes," "continue," "could," "estimates," "expects," "intends," "may," "plans," "potential," "predicts," "should," or "will" or the negative of those terms or other comparable words. These statements involve known and unknown risks, uncertainties and other factors that may cause industry trends or our actual results, level of activity, performance or achievements to be materially different from any future results, levels of activity, performance or achievements expressed or implied by these statements.

   Although we believe that expectations reflected in the forward-looking statements are reasonable, we cannot guarantee future results, levels of activity, performance or achievements. Moreover, neither we nor any other person assumes responsibility for the accuracy and completeness of these statements. We are under no duty to update any of the forward-looking statements after the date of this prospectus to confirm these statements to actual results or changes in our expectations. You should not place undue reliance on these forward-looking statements.

2. Use

   You may not use, download or copy any content on this Web site unless you use the content solely for personal, informational and non-commercial purposes and no modifications are made to any content. User's right to use the Service is personal to User.  User agrees not to resell or make any commercial use of the Service, without the express consent of Electronic Consultants, Inc. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from this Web site in whole or in part without the prior written permission of Electronic Consultants Inc.. You may not "mirror" any content contained on this Web site on any other server without Electronic Consultants Inc.'s prior express written permission. Any unauthorized use of any content contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3. Copyright Entire contents Copyright © 2000-2003 Electronic Consultants Inc., Inc. All rights reserved. All text, electronic documents, graphics, audio, video and other content published on this site are protected by international copyright laws. Distribution or publication of any of this site's content in any form without prior written permission of Electronic Consultants Inc. is expressly forbidden.

4. Links To Third Party Sites This Web site may contain hyperlinks to Web sites that are not controlled by Electronic Consultants Inc.. Electronic Consultants Inc. is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites.

5. Submissions All comments, feedback, information or materials submitted to Electronic Consultants Inc. through or as a result of this Web Site ("Submissions") shall be considered non-confidential and Electronic Consultants Inc.'s property. By providing such Submissions to Electronic Consultants Inc., you agree to assign to Electronic Consultants Inc., at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Electronic Consultants Inc. shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

6. No Unlawful Or Prohibited Use

   As a condition of your use of this Web site, you agree that you will not use this Web site or the content or software contained herein for any purpose that is unlawful or prohibited by these terms and conditions.

7. Disclaimer While every effort is made to ensure the accuracy of content offered on these pages, Electronic Consultants Inc. shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. This Web site could include inaccuracies or out-dated content and is subject to change at any time without notice. Your use of this Web site is at your own risk. You agree to hold Electronic Consultants Inc. harmless from and not sue Electronic Consultants Inc. for any claims based upon using this Web site.

   THE CONTENT, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. ELECTRONIC CONSULTANTS INC. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

8. Governing Law This Web site is controlled and operated by Electronic Consultants Inc., Inc. from its corporate headquarters in Northville, Michigan. Any claim or dispute relating to your use or attempted use of this Web site shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions. By using this Web site, you submit to the jurisdiction of the appropriate state or federal courts in Wayne County, Michigan in any proceeding relating to any such claim or dispute. The TOS shall be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflict of law provisions. User and Electronic Consultants, Inc. agree to submit to the exclusive jurisdiction of the courts of the State of Michigan. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Electronic Consultants, Inc.'s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Electronic Consultants, Inc. in writing. User and Electronic Consultants, Inc. agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

9. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Electronic Consultants Inc. shall have the right to terminate all service set forth in this Agreement.

10. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

11. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

12. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Electronic Consultants Inc. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

13. Refund and Disputes: All payments to Electronic Consultants Inc., Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Electronic Consultants Inc.'s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Electronic Consultants Inc. an "Administrative Fee" of not less than $50 and not more than $150.

14. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

15. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Electronic Consultants Inc. Attn: Cancellations, 17253 Cove Drive, Northville, MI 48168 or you may call 734-454-9117 or fax the cancellation request. You must have all account information to cancel.

16. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

17. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Electronic Consultants Inc., Inc. on behalf of the account holder a handling fee will be incurred.

18. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Electronic Consultants Inc., Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Electronic Consultants Inc., Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
    

19. SPAM and Unsolicited Commercial Email (UCE): Electronic Consultants Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Electronic Consultants Inc. may not use or permit others to use our network to transact in UCE. Customers of Electronic Consultants Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

    1. Violation of Electronic Consultants Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Electronic Consultants Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Electronic Consultants Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Electronic Consultants Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Electronic Consultants Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Electronic Consultants Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Electronic Consultants Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
       

    3. As our Customers are ultimately responsible for the actions of their clients over the Electronic-Consultants.comwork, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    

    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

20. Network
    

    1. IP Address Ownership: If Electronic Consultants Inc. assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Electronic Consultants Inc., and Customer shall have no right to use that Internet Protocol address except as permitted by Electronic Consultants Inc. in its sole discretion in connection with the Services, during the term of this Agreement. Electronic Consultants Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Electronic Consultants Inc., and Electronic Consultants Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Electronic Consultants Inc. will monitor Customer's bandwidth and disk usage. Electronic Consultants Inc. shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Electronic Consultants Inc.'s sole and absolute discretion. If Electronic Consultants Inc. takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Electronic Consultants Inc. may, at its sole discretion, collect a deposit, in an amount determined by Electronic Consultants Inc., against customer's credit card on file with Electronic Consultants Inc..

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Electronic Consultants Inc. Network. Violations of system or network security may result in civil or criminal liability. Electronic Consultants Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

       5. Taking any action in order to obtain services to which such User is not entitled.

21. Notification of Violation:

    1. Electronic Consultants Inc. is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

       First violation: Any User, which Electronic Consultants Inc. determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Electronic Consultants Inc.'s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

    2. Second Violation: Users that Electronic Consultants Inc. determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

    3. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

22. Suspension of Service or Cancellation: Electronic Consultants Inc. reserves the right to suspend network access to any customer if in the judgment of the Electronic-Consultants.comwork administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Electronic Consultants Inc. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

23. Indemnification: Electronic Consultants Inc. wishes to emphasize that in agreeing to the Electronic Consultants Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Electronic Consultants Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Electronic Consultants Inc. or the bringing of any claim against Electronic Consultants Inc. by any third-party. This means that if Electronic Consultants Inc. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Electronic Consultants Inc., plus all costs and attorney's fees. Customer agrees to indemnify and hold Electronic Consultants, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this ToS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

24. Responsibility for Content: You, as Electronic Consultants Inc.'s customer, are solely responsible for the content stored on and served by your Electronic Consultants Inc. server.

25. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
       

    3. Electronic Consultants Inc. takes no responsibility for any material input by others and not posted to the Electronic Consultants Inc. Network by Electronic Consultants Inc.. Electronic Consultants Inc. is not responsible for the content of any other websites linked to the Electronic Consultants Inc. Network; links are provided as Internet navigation tools only. Electronic Consultants Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    4. Electronic Consultants Inc. is not responsible for any damages your business may suffer. Electronic Consultants Inc. does not make implied or written warranties for any of our services. Electronic Consultants Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Electronic Consultants Inc..

    5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

    6. Electronic Consultants, Inc. assumes no responsibility for the deletion or failure to store data.

    7. Electronic Consultants Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Electronic Consultants Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.