EZ-Net Tools™ Terms And Conditions |
The following terms and conditions apply to all persons and/or business entities (Members)
using EZ-Net Tools (Service).
EZ-Net Tools is a service offering Internet commerce services to businesses. EZ-Net Tools'
primary mission is to provide fast, reliable, and effective Internet services to its Members. EZ-Net Tools is
distributed through Electroportal, LLC...from this point forward refered to in this document as
"Electroportal". Your registration with, or continued use of, EZ-Net Tools constitutes your agreement to these
terms and conditions and any disclaimers of
Part A: Use of EZ-Net Tools™
Electroportal grants you, the Member, a non-exclusive, non-transferable, limited license to use EZ-Net Tools.
Members will be issued an account number and password. The EZ-Net Tools account cannot be assigned or
transferred to any other person or entity without
prior written consent of Electroportal .
2. Member Responsibilities:
Members are expressly prohibited from using EZ-Net Tools to post or display any material or information that
(a) is unlawful, inaccurate, threatening, libelous, obscene, profane, sexually offensive, or objectionable
material, (b) infringes any intellectual property rights or other rights of any person or entity, (c)
constitutes a criminal offense, (d) gives rise to civil liability, or (e) engages in any other form of
activity that would otherwise violate any local, state, national, or international law. Members are expressly
prohibited from using EZ-Net Tools to send email that would be considered "spam" or to display any EZ-Net Tools
URL or address in email that may be considered to be "spam".
All rights, titles, and interests in downloaded software and/or information are and shall remain the exclusive
property of the stated owners. You may not upload or reproduce in any way information protected by copyright
without obtaining permission of the copyright owner. Only public domain files, and files in which the author
has given expressed consent for on-line distribution, may be uploaded to software libraries. Failure to comply
with this provision may result in immediate suspension or termination of your EZ-Net Tools account.
EZ-Net Tools contains copyrighted material, trade secrets, and other proprietary software and documentation.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable
form. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on EZ-Net Tools
in whole or in part.
Members are responsible for the protection of their account numbers, passwords, and all charges associated with
their accounts. In the event of any unauthorized access to your account, you must immediately notify
Electroportal; however, you will remain responsible for all charges until Electroportal is notified. To
protect yourself from unauthorized access to your account, we highly recommend that you change your password at
least quarterly, and that you do not share your account number and/or password with anyone.
Part B: Billing and Payment
Members are responsible for payment of services agreed upon during activation or later
modified by written correspondence. Due to costs incurred in setting up a user account, moneys paid to
Electroportal is non-refundable. Electroportal reserves the right to negotiate payment options and adjust
payment plans as circumstances dictate. Use of certain special EZ-Net Tools features may be subject to
additional charges. Electroportal reserves the right to change fees or institute new charges at any time,
effective upon a 30-day notice to current EZ-Net Tools Members, either through electronic or conventional
Electroportal' charges will be billed monthly to the Members' email address or conventional mail address if
so indicated at the time of registration. The Members initial fees will include the sign-up fee and the first
month of service. Charges are exclusive of sales, use, and other taxes which are the responsibility of the
3. Method of Payment:
Following the initial payment made during sign-up, subsequent EZ-Net Tools charges will be
paid by check or money order and be mailed to 236 W. Portal Ave. # 510 San Francisco, CA 94127 by the 20th of
month. Electroportal may offer additional means of payment; including, automatic funds transfer, credit card
transactions, and other payment methods. You may not place orders or attempt to pay for EZ-Net Tools services
using any expired, false, or unauthorized bank or credit card. Checks issued on closed accounts or insufficient
fund checks may be subject to a $25.00 handling fee. Image Professionals reserves the right to cancel your
account, without notice, upon rejection of any credit card charges, nonpayment of authorized charges by your
bank, or any other indication of credit problems.
A late payment finance charge of 1.5% per month shall be added to all outstanding amounts due. If payment is
not received by the next billing cycle, Members will receive a reminder notice that payment is due and that
service will be terminated if payment is not received by the following billing cycle. If payment is not
received by the following billing cycle, service will be terminated and collection of the past due amounts may
be submitted to a collection agency. Members can reinstate service by paying all past due charges plus a
deposit equal to one month's service.
Part C: General Provisions
Service may be terminated by either Electroportal or the Member. Members may terminate
service by sending written notice to Electroportal using either electronic or conventional mail. Termination
will be effective on the day that Electroportal receives the notice or on the future date specified in the
Electroportal may terminate service with at least 10 days advanced notice. If Members
terminate a prepaid account, Members forfeit any remaining balances on the prepaid accounts.
Members are liable for any charges incurred by them until termination. Electroportal reserves the right to
terminate service without notice upon a breach of EZ-Net Tools terms and conditions or misuse of any kind.
2. Monitoring Accounts:
Electroportal does not monitor any Member's account. However, Electroportal, at its sole discretion, reserves
the right to review or edit any material or information submitted for display or placed on EZ-Net Tools server,
with the exception of private electronic messages that will be reviewed only if required to do so by law.
Electroportal may terminate immediately the account of any subscriber who misuses any EZ-Net Tools services.
3. Limitation of Liability:
Electroportal and EZ-Net Tools does not warrant that the services or the information or
programs contained on an EZ-Net Tools server will meet your requirements or that the
operations of an EZ-Net Tools server will be uninterrupted or error-free; nor does Electroportal and EZ-Net
Tools make any warranty as to the results obtained from the use of EZ-Net Tools services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL ELECTROPORTAL OR EZ-NET TOOLS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE EZ-NET
TOOLS SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS,
IN OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND EZ-NET
TOOLS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS,
PROGRAMS, OR SERVICES.
In no event shall Electroportal or EZ-Net Tools' total liability for all damages, losses, and causes of
actions, whether in contract, tort, including negligence, or otherwise exceed $100.
4. Disclaimer of Warranties:
YOU USE EZ-NET TOOLS SERVICES AT YOUR SOLE RISK. THESE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AN EZ-NET TOOLS EMPLOYEE
OR ITS AGENTS SHALL CREATE A WARRANTY.
You shall hold Electroportal and EZ-Net Tools harmless from any claims and expenses,
including reasonable attorneys' fees, related to your violation of these terms and conditions.
Electroportal or EZ-Net Tools notices to Members may be given by means of electronic
messages through the Internet, by a general posting on an EZ-Net Tools server, or by
certified mail. All notices to Electroportal from Members should be made in writing and
sent via certified mail to 236 W. Portal Ave. # 510 San Francisco, CA 94127 or sent via electronic mail to
7. General Provisions:
Should any of these terms and conditions be held to be void, invalid, unenforceable, or illegal by a court, the
validity or enforceability of the other provisions shall not be affected thereby. Failure of either party to
enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such
provision or of the right to enforce such provision.
The agreement between Electroportal and the Member shall be governed by and construed in
accordance with the laws of the State of California. These terms and conditions
constitute the entire agreement between the parties with respect to the use of EZ-Net Tools