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By registering to be a customer of eAir Communications and
to use any eAir Communications Service, you are agreeing to
the following Terms of Service. Failure to comply will
result in account termination.
Please read these Terms of Service (TOS) (this “Agreement”)
carefully before having eAir Communications begin working
with you, since by accepting work from eAir Communications
you consent to all of its terms and conditions. This
Agreement is made by and between eAir Communications LLC,
including it’s wholly owned companies here in after referred
to as “eAir” or “eAir Communications and the Customer.
This Agreement is effective upon eAir Communications
acceptance of work. This Agreement is in connections with a
web services contract or more counterparts, each of which
will be deemed an original, but all of which together shall
constitute one and the same instrument.
1. Disclaimer of Warranty.
eAir Communications disclaims all warranties or
representations, express or implied, oral or written,
including, without limitation, warranties of
merchantability, fitness for a particular purpose, title or
non-infringement. eAir Communications does not warrant that
its services are error-free or that they will operate
without interruption nor does eAir Communications make any
warranty with respect to the quality, reliability,
timeliness or security of its services.
eAir Communications makes no guarantee as to the
availability of Service and are not responsible for any loss
of information resulting from deletion of Services, network
or system outages, file corruption, or any other reasons.
2. Disclaimer of Service Content
eAir Communications does not verify, endorse, or otherwise
vouch for the contents of any Web Site using a eAir
Communications Web Service. Web Service owners are
responsible for everything contained on their own Web Site
and in their Web Services. Web Service owners can be held
legally accountable for the contents of any web service;
including for example; material protected by copyright,
trademark, patent, or trade secret law.
3. Service Limitations
You are not allowed to associate any Web Services with adult
oriented material such as pornography, XXX material, Gorean,
anything illegal, bigotry, racism, hatred, profanity, mail
fraud, pyramid schemes, or any material which may be
insulting to another person(s) or company, or depicts the
exploitation of minors (children under 18 years of age). No
spamming allowed, no soliciting, harassing, threatening or
illegal activities.
4. eAir Communications Code Usage Limitations
eAir Communications services and service code provided for
use by Members is, and remains, copyrighted
material/property of eAir Communications Web Services, Inc.
eAir Communications grants you a limited license to modify
our service codes in 3 specific ways:
1. You may modify the text and color displayed in the
service to match those of your webpage’s.
2. You may modify images appearing in the service, where
applicable.
3. You may modify the dimensions (height and width) that
services are displayed in, as long as the service remains
visible.
You may not modify any other portion of our codes, including
but not limited to advertising script, service copy/paste
codes or any other eAir Communications code, in any manner,
for any reason whatsoever.
Accounts found to be in violation of this section will be
Terminated immediately along with all services registered
and associated with the Account, without warning, at eAir
Communication’s sole discretion.
5. Account Termination
eAir Communications can remove any Web Service from the
database, without prior notice, if we find the contents
unsuitable for the public. We can remove a Member's Services
if there is no evident activity for 90 days. And we can deny
membership if we see the need. If the Membership is a paid
member account or service, and eAir Communications
terminates the account or service for a TOS violation, the
payment is not refundable.
6. Service and Member Account Upkeep
As the Registered Owners of our services, eAir
Communications members are required to maintain their
Registered Services and keep them within the guidelines set
forth here in the Terms of Service. Failure to do so will
result in Account Termination, at eAir Communication’s sole
discretion.
All Members must ensure that their member account
information is accurate and complete at all times. It is
particularly important to keep the email address stored in
your member account current and valid at all times.
7. Exclusive Remedy.
Issues of exclusive remedy are adequately dealt with under
limitation of liability and governing law.
8. Limitation of Warranty.
Each party hereby acknowledges that it has not relied upon
any warranty, condition, guarantee or representation made by
the other except as specifically set forth in this agreement
or other written and sign contract.
9. Limitation of Liability.
In no event shall either party be liable to the other for
indirect, incidental, consequential, special, exemplary or
punitive damages in any action arising from or related to
this agreement whether based in contract, tort (including
negligence), intended conduct or otherwise including,
without limitation, damages relating to the loss of profits,
income or goodwill, regardless of whether such party has
been advised of the possibility of such damages. In no event
will eAir Communications be liable for amounts greater than
actually received under this agreement in the six (6) months
proceeding the date that any cause of action arises.
10. Indemnification.
By becoming a customer of eAir Communications, you become a
Web Service owner. You then agree to indemnify and hold
harmless eAir Communications for any loss, liability, and
damage arising from or in connection with the contents or
service of any eAir Communications Web Service.
Each party will defend, indemnify and hold harmless the
other party and its officers, directors, employees, agents
and affiliated entities from and against any and all
liabilities, losses, damages, claims and expenses, including
reasonable legal fees arising out of or related to the
indemnifying party’s conduct under this agreement or such
parties breach of this agreement or the untruth of any such
parties representations or warranties herein.
11. Force Majeure.
Neither party shall be deemed in default or otherwise liable
under this agreement, except with regards to payments due
herein, due to its inability to perform its obligations
hereunder by reason of any fire, earthquake, flood,
substantial snow storm, epidemic, accident, explosion,
casualty, strike, lock-out, labor controversy, riot, civil
disturbance, act of public enemy, embargo, war, act of God
or any municipal, county, state, provincial, territorial or
national ordinance or law, or any executive, administrative
or judicial order (which order is not the result of any act
or omission which would constitute a default hereunder) or
any failure or delay of any transportation, power or
communication system or any other similar cause beyond that
parties control.
13. Governing Law.
This agreement shall be deemed to have been made in the
state of Georgia, United States and the validity,
construction, interpretation and enforcement hereof and the
rights of the parties hereto shall be determined under,
governed by, and construed in accordance with the internal
laws of that state without regard to the principles of
conflicts of laws. Each party is specifically prohibited
from bringing any action arising from or related to this
agreement other than in the state of Georgia, in the United
States of America unless the said action is for the purpose
of enforcing a Judgment already obtained in the state of
Georgia in the United States of America.
14. Usage of eAir Communications Servers.
eAir Communications 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 is prohibited. This includes,
but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used
without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates
export control laws
15. eAir Communications Network Security.
Violations of system or network security are prohibited and
may result in criminal and civil liability. Examples include
but are not limited to the following: unauthorized access,
use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference with
service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system, broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an
email or a newsgroup posting.
16. CPU Usage
eAir Communications Members shall not use excessive amounts
of CPU processing on any of eAir Communication’s servers.
Any violation of this policy may result in corrective action
by eAir Communications, including assessment of additional
charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions
may be taken in eAir Communication’s sole and absolute
discretion. If eAir Communications takes any corrective
action under this section, the Member shall not be entitled
to a refund of any fees paid in advance prior to such
action.
17. Bandwidth and Disk Usage
Bandwidth limits are calculated on a recurring 30 days
basis. Bandwidth cannot be combined with multiple packages.
Bandwidth and disk usage shall not exceed the number of
megabytes per day for the Services ordered and purchased by
the Member. Bandwidth and disk usage shall not exceed the
number of megabytes per day for the Services ordered and
purchased by the Member. eAir Communications will monitor
each Member's bandwidth and disk usage. eAir Communications
shall have the right to take corrective action if any
Member'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 in eAir Communication’s sole and
absolute discretion. If eAir Communications takes any
corrective action under this section, the Member shall not
be entitled to a refund of any fees paid in advance prior to
such action.
18. Purchase Policy
Web Tools Service Payments:
If you are purchasing one of our various services provided
by eAir Communications, we will accept different forms of
payments made through the online merchant service. Your
service(s) will be automatically activated within your
account when purchasing using these methods.
We also accept International Money Orders and Checks made
out to eAir Communications, in US Dollars only. Services
purchased through these 2 methods will be activated in your
member account once payment has been received and
successfully processed.
Please Note: The category above does NOT include Web Hosting
payments.
Hosting and Domain Payments:
If you are purchasing one of our Web Site Hosting or Domain
services with eAir Communications accepting payments on your
businesses behalf, eAir Communications will accept payments
made through their online merchant service on your behalf.
These purchases of your good or services will be processed
at a cost listed in your web services contract. Checks for
the purchases (minus fees) will be distributed 60 after
transactions are final.
IMPORTANT NOTE: All prices quoted on the eAir Communications
Web Services web site are in US dollars.
19. Refund Policies
There will be no refunds given by eAir Communications under
any circumstances, including, but not limited to the
following reasons: a domain name is in dispute, (including,
but not limited to, non-payment of registration fees,
accessing names which are currently in ownership by others,
difficulties in transferring registered names to our server.
eAir Communications reserves the right to amend or change
these Rules and Regulations at any time and without prior
notice.
Please follow the rules... and enjoy eAir Communication’s
Web Services!
Sincerely,
eAir Communications |
