Acceptable Use Policy (AUP) and Terms of Service (TOS)
EZinTouch.com, Inc. (http://www.ezintouch.com/) issues this document. The company shall be known throughout this document as EZinTouch.
EZinTouch agrees to provide the client with limited database and email services. Clients are allowed to use the service for business/commercial or personal use.
All services provided by EZinTouch may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless EZinTouch from any claims resulting from the use of the service which damages the subscriber or any other party.
Excessive Use of Resources
While we do offer our clients many features.
These are restricted by the customer's assigned account type. Excessive use of these resources will cause your account to be suspended or terminated with or without warning. Excessive use is defined as using more then 3% of system resources.
Intellectual Property Rights:
Content you pass through EZinTouch's Services may be subject to protection under United States (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the EZinTouch Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the EZinTouch Network. If you use a domain name in connection with the EZinTouch Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the EZinTouch Network to gain access to user authentication or security of any host, network, or account. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to spam, mail bombing, or other deliberate attempts. EZinTouch will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Refusal of Service:
EZinTouch reserves the right at its sole discretion to refuse or cancel one's service. Violation of any of EZinTouch's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded nor will the content be released to the customer.
Spam Or Unsolicited E-Mail:
You must not use the EZinTouch Network, EZinTouch equipment or any EZinTouch web address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your account nor the EZinTouch service may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the EZinTouch Network, EZinTouch equipment or any EZinTouch email address. A message is considered unsolicited if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email). Mailing lists must be true opt-in mailing lists. You must keep these confirmation of opt-ins on record, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out, and opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
You may cancel your account at any time before your annual billing date, and you will not be billed for the next year.
We do not, at this time, offer a money-back guarantee for new accounts.
Any attempts to undermine, slander, libel, threaten, or cause harm to a EZinTouch server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Customer agrees that it shall defend, indemnify, save and hold EZinTouch (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against EZinTouch, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EZinTouch against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EZinTouch services; (2) any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
EZinTouch will not be responsible for any damages your business may suffer. EZinTouch makes no warranties of any kind, expressed or implied for services we provide. EZinTouch disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EZinTouch and its employees. EZinTouch makes no "uptime" guarantees.
EZinTouch keeps backups of key server systems and these backups are not available for customer use. Whilst EZinTouch offers weekly backups of all data on the server, these are not to be solely relied upon by the customer. EZinTouch can accept no responsibility for any loss of data or consequences arising from this. EZinTouch always advises clients to back up their databases regularly for their own protection by exporting directly form the site.
All communications (emails, verbal or written) are between EZinTouch and the client. These communications are private and are therefore not to be shared with any other parties.
Finally, EZinTouch wishes to emphasize that in accepting services, customers indemnify EZinTouch for the violation of any law or EZinTouch policy, that results in loss to EZinTouch or the bringing of any claim against EZinTouch. This means that if EZinTouch is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against EZinTouch, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
EZinTouch reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.