Terms Of Service
IMPORTANT NOTICE: *All Payments To Electronic Consultants Inc. Are Non-Refundable*
Electronic Consultants Inc., Inc. ("The Company") agrees to furnish services subject to the following TOS (Terms of Service).
Use of Electronic Consultants Inc. Service constitutes acceptance and agreement to Electronic Consultants Inc.'s AUP as well as Electronic Consultants Inc.'s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Electronic Consultants Inc., Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time
to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the
state of Michigan, county of Wayne applicable to contracts enforceable in that state. Venue will be Wayne County, Michigan
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.
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,
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.
Entire contents Copyright © 2000-2003 Electronic Consultants Inc., Inc. All rights reserved. All text, electronic documents,
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
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.
All comments, feedback, information or materials submitted to Electronic Consultants Inc. through or as a result of this Web
("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
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
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.
While every effort is made to ensure the accuracy of content offered on these pages, Electronic Consultants Inc. shall have no
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
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
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.
This Web site is controlled and operated by Electronic Consultants Inc., Inc. from its corporate headquarters in Northville,
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
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.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber
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.
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
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
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
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.
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
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.
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.
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.
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.
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.
Electronic Consultants Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other
of this policy carry severe penalties, including termination of service.
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
(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
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
if the violation is believed to be a criminal offense.
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
personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the
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.
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
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
Electronic Consultants Inc., against customer's credit card on file with Electronic Consultants Inc..
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:
Accessing data not intended for such User or logging into a server or account, which
such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
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
writing, to refrain from any further violations.
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.
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.
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
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
Indemnification: Electronic Consultants Inc. wishes to emphasize that in
agreeing to the Electronic Consultants Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS),
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
plus all costs and attorney's fees. Customer agrees to indemnify and hold Electronic Consultants, Inc., its parents,
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
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.
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.
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.
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.
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.
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..
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.
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