Terms of Service
Acceptance of Terms
Privacy and Communications
Accounts, Passwords, and Security
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.
Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Company and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, your advertising, or your violation of these terms.The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of the Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
General Rules of Conduct
The Service may not be used for the sending of unsolicited email messages, sometimes called “spam.” Ecinity has a no tolerance spam policy. Any account found to be using Ecinity for spam will be immediately cut-off from use of the Service. You shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You are the sole or designated "sender" as such term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act of any message sent by you using the Service. Every email message sent in connection with the Service must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. In the case of mobile messages, the initial message must include STOP instructions to opt-out of SMS messages. To unsubscribe, recipients are prompted to text STOP to the phone number that sent the unwanted message. If the unsubscribe link is removed or de-activated in any way, or if the SMS STOP verbiage is omitted, Ecinity has the right to terminate your account. You agree to abide by and implement all standards and regulations set forth by the CANSPAM Act and the Telephone Consumer Protection Act (TCPA). You agree to import, access or otherwise use only contact lists for which all listed parties have consented to receive correspondence from you, in compliance with applicable law, in connection with your use of the Service. You agree not to use any other contact lists in connection with your use of the Service. You agree that you shall not utilize the Service to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a "commercial electronic mail message" as defined in the CAN-SPAM Act) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You agree that you will not send messages through the Service to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses. You are responsible for ensuring that your messages, surveys, events or campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Service if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under this Agreement).
User fees are evaluated on a per-month contract agreement with Company. Users can opt to upgrade or downgrade their service agreement to any other contract agreement that Company is currently offering for sale at any time during the user's contract term. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the user. Cancellation must be issued via the Service. Any cancellation issued must be done three (3) days prior to the end of the contract term to allow for adequate processing time. Company reserves the right to modify, change or discontinue any aspect of the Service, including without limitation prices and fees for the same, at any time.
Chargeback / Refund Policy
Company will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. Any remaining funds in your account that are not used will be refunded within reasonable time after cancellation.
Cancellation and Termination of Service
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty, upon the fulfillment of any express or implied contracts. In the event of account cancellation you will lose all data related to your account. If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Company provided website or any other online presence asset and all information contained therein may be deleted by Company. You are solely responsible for terminating your account and this agreement. We are not responsible for your failure to terminate your account and this agreement or for any credit card charges or other fees your incur as a result of your failure to properly terminate your account and this agreement. Company accepts no liability for such deleted information or content. You agree Company, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your website if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Company believes that you have violated or acted inconsistently with the letter or spirit of the terms of service. Company may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this terms of service may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your website, as applicable, and all related information and files. You agree that Company shall not be liable to you or any thirdparty for any termination of your access to the Service.
We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. Company reserves the right to remove your content from the Service or terminate your account if it is determined, within Company's sole discretion, that you have violated any party's intellectual property rights or these Terms of Service. An account terminated by Company may not be backed-up for any reason and may be deleted from our servers.
Content license from you
Ecinity, Inc. claims no intellectual property rights over the data you provide to the Service. You acknowledge that Ecinity Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
Ecinity's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in or presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ecinity, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Ecinity does not want to receive confidential or proprietary information from you through the Service or by any other communication method including but not limited to email, phone, instant messenger, postal mail, and text messaging. Unless otherwise agreed in writing by an authorized Ecinity representative, any material, information or idea you transmit to Ecinity by any means may be disseminated or used by Ecinity or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
If you choose, you may contribute website templates ("Custom Templates") to the Service for use by other users. You hereby grant and agree to grant Company an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Template contributed by You to the Service, including the HTML code and media assets therefor.
Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ecinity, Inc.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries or communication made through the Services or other information. The manner, mode and extent of advertising by Company on the Services are subject to change without specific notice to you. In consideration for Company granting you access to and use of the Services, you agree that Company may place such advertising on the Service provided to you.
No Warranties or Representations
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SUBSCRIPTION SERVICES AND MARKETING SERVICES IS AT YOUR SOLE RISK AND LIABILITY. THE SUBSCRIPTION SERVICES AND MARKETING SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE OR SUBSCRIPTION SERVICES OR MARKETING SERVICES, THE CONTENT OR ANY PORTION THEREOF. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SUBSCRIPTION SERVICES OR MARKETING SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SUBSCRIPTION SERVICES, MARKETING SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.
Acknowledgments Warrants & Representations Regarding Promotions, Subscription Services and Marketing Services
Limitation of Liability
YOU AGREE THAT COMPANY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICES OR MARKETING SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL COMPANY'S LIABILITY TO RECIPIENT, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY RECIPIENT TO COMPANY FOR SUCH SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY YOU AND COMPANY IN THESE TERMS. THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, ECINITY’S LIABILITY PURSUANT TO ANY CLAIM OR ANY CAUSE OF ACTION ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE IS LIMITED TO $50.
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under this Agreement, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, delays caused by the other party, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, ﬁres, ﬂoods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.
Full Force and Effect
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Entire Agreement We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion. Further Assurances You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement. Third Party Beneficiaries Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.
The titles of the paragraphs of this Agreement are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever. Minimum Age and Ability to Bind This website and the Service are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, this website and the Service are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use this website or the Service. If you are using this website or the Service on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of this website and the Service.